[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S7819-S8551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPLANATORY STATEMENT SUBMITTED BY MR. LEAHY, CHAIR OF THE SENATE
COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 2617, CONSOLIDATED
APPROPRIATIONS ACT, 2023
The following is an explanation of the Consolidated Appropriations
Act, 2023.
This Act includes the 12 regular appropriations bills for
fiscal year 2023, supplemental appropriations providing for
emergency assistance for the situation in Ukraine and for
providing disaster relief, and other matter. The divisions
contained in the Act are as follows:
Division A--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2023
Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2023
Division C--Department of Defense Appropriations
Act, 2023
Division D--Energy and Water Development and
Related Agencies Appropriations Act, 2023
[[Page S7820]]
Division E--Financial Services and General
Government Appropriations Act, 2023
Division F--Department of Homeland Security
Appropriations Act, 2023
Division G--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2023
Division H--Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 2023
Division I--Legislative Branch Appropriations
Act, 2023
Division J--Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2023
Division K--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2023
Division L--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2023
Division M--Additional Ukraine Supplemental
Appropriations Act, 2023
Division N--Disaster Relief Supplemental
Appropriations Act, 2023
Division O--Extenders and Technical Corrections
Division P--Electoral Count Reform and
Presidential Transition Improvement
Division Q--Aviation Related Matters
Division R--No TikTok on Government Devices
Division S--Oceans Related Matters
Division T--SECURE 2.0 Act of 2022
Division U--Joseph Maxwell Cleland and Robert
Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022
Division V--STRONG Veterans Act of 2022
Division W--Unleashing American Innovators Act
of 2022
Division X--Extension of Authorization for
Special Assessment for Domestic Trafficking Victims' Fund
Division Y--CONTRACT Act of 2022
Division Z--COVS Act
Division AA--Financial Services Matters
Division BB--Consumer Protection and Commerce
Division CC--Water Related Matters
Division DD--Public Land Management
Division EE--Post Office Designation
Division FF--Health and Human Services
Division GG--Merger Filing Fee Modernization
Division HH--Agriculture
Division JJ--North Atlantic Right Whales
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, 2023
CONGRESSIONAL DIRECTIVES
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 117-
392 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.
In cases in which the House or this explanatory statement
has directed the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations no later than 60 days after enactment of this
Act, unless otherwise directed.
Hereafter, in Division A of this statement, the term `the
Committees' refers to the Committees on Appropriations of the
House of Representatives and the Senate.
For the appropriations provided by this Act and previous
Acts, the departments and agencies funded by this agreement
are reminded that the Committees use the definitions for
transfer, reprogramming, and program, project, and activity
as defined by the Government Accountability Office (GAO) in
GAO-04-261SP Appropriations Law--Vol. I and GAO-05-734SP
Budget Glossary.
A transfer is the shifting of funds between appropriations.
It applies to (1) transfers from one agency to another, (2)
transfers from one account to another within the same agency,
and (3) transfers to an interagency or intra-agency working
fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an
appropriation account for purposes other than those
contemplated at the time of appropriation. It is the shifting
of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within
a budget account. PPAs are identified by reference to include
the most specific level of budget items identified in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Act, 2023, 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. 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)
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 and FDA should be mindful of Congressional
authority to determine and set final funding levels for
fiscal year 2024. Therefore, the agencies should not
presuppose program funding outcomes and prematurely initiate
action to redirect staffing prior to knowing final outcomes
on fiscal year 2024 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).''
The agreement fully funds the request of the Department of
Agriculture for the costs of the fiscal year 2023 pay
increase for the USDA agencies funded in this bill.
The agreement also fully funds the costs of the fiscal year
2023 pay increase for the Food and Drug Administration.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $65,067,000 for the Office of the
Secretary. This includes an increase of $2,000,000 for the
Office of Partnership and Public Engagement for technical
assistance training and partner organization development.
The agreement is concerned with the dramatic rise in
organic feedstock prices for livestock, especially organic
dairy producers, as a result of severe drought conditions,
international trade wars, supply chain backlogs, and
unprecedented inflation. The Committees are working closely
with the department to better understand this issue and find
a solution. The agreement directs the department to report
back to the Committees within 30 days of enactment of this
Act on available funding sources to address this problem,
including exercising authority under the Commodity Credit
Corporation. The Secretary is directed to include 2022 losses
in the Pandemic Assistance Revenue Program.
The Farm and Food Workers Relief Grant program was
established by USDA as a support program for frontline farm,
grocery and meatpacking workers directly impacted by the
pandemic. The agreement directs the Department to update the
Committees on the program and provide legislative and/or
policy recommendations for dealing with expenses incurred,
including PPE, by frontline workers in any future pandemics.
The Secretary is urged to work with the states in the
Chesapeake Bay area to assist fishermen and processors
dealing with invasive blue catfish.
The agreement directs the Secretary, in consultation with
the Secretary of HHS, to enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine to
conduct a study related to alcohol consumption. The agreement
provides $1,300,000 in a general provision to carry out this
study.
The agreement is concerned about unfair wheat variety
registration practices that negatively affect American wheat
growers that export to Canada. The agreement urges the
Secretary to work with the Department of Commerce and the
United States Trade Representative to prioritize
conversations with the Canadian government to address trade
inequities.
The agreement provides $15,000,000 to continue the
Institutes for Rural Partnership at the three institutions
originally funded in fiscal year 2022.
The agreement encourages the Secretary to consider the
maximum practical use of RC&D Councils in the delivery of
USDA programs and services.
The agreement recognizes the need for biobased and U.S.
grown alternatives to plastic. The agreement directs the
Secretary to explore U.S. based hemp as a robust and
dependable plastic alternative and issue a report to the
Committees within 180 days of passage of this Act.
The agreement encourages USDA to further expand the work of
the 1890 and 1994
[[Page S7821]]
Land Grant Institutions to allow for the selection of a
greater number of scholars and supports the participation of
more agencies in this effort.
OFFICE OF THE SECRETARY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.................................... $7,432
Office of Homeland Security................................ 1,396
Office of Tribal Relations................................. 5,190
Office of Partnerships and Public Engagement............... 9,280
Office of Assistant Secretary for Administration........... 1,706
Departmental Administration................................ 26,716
Office of Assistant Secretary for Congressional Relations 4,609
and Intergovernmental Affairs.............................
Office of Communications................................... 8,738
------------
Total, Office of the Secretary......................... $65,067
------------------------------------------------------------------------
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The agreement provides $28,181,000 for the Office of the
Chief Economist.
The agreement provides $8,000,000 for policy research under
7 U.S.C. 3155. Of the amount provided, $3,000,000 is for the
Department to focus efforts on entities that have developed
models, databases, and staff necessary to conduct in-depth
analysis of impacts of agriculture or rural development
policy proposals on rural communities, farmers, agribusiness,
taxpayers, and consumer. The Department is encouraged to fund
regional and State-level baseline projections.
The agreement directs the Secretary to study the U.S.
bioeconomy's size and scope in comparison with other nations
according to available data and direct/indirect jobs and
average wages, economic output, tax contributions, and
investment. The agreement directs to Department to consult
with the Committees on the details of the study and submit a
report within one year of enactment of this Act.
OFFICE OF HEARINGS AND APPEALS
The agreement provides $16,703,000 for the Office of
Hearings and Appeals.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The agreement provides $14,967,000 for the Office of Budget
and Program Analysis.
Office of the Chief Information Officer
The agreement provides $92,284,000 for the Office of the
Chief Information Officer, of which not less than $77,428,000
is for cybersecurity requirements of the Department.
The agreement directs the Department to continue to drive
enterprise-wide implementation and expansion of the USDA
Enterprise Data Analytics Platform and Toolset.
Office of the Chief Financial Officer
The agreement provides $7,367,000 for the Office of the
Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The agreement provides $1,466,000 for the Office of the
Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $37,595,000 for the Office of Civil
Rights.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $40,581,000 for Agriculture
Buildings and Facilities. The agreement directs 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 $7,581,000 for Hazardous Materials
Management.
Office of Safety, Security, and Protection
The agreement provides $21,800,000 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 $111,561,000 for the Office of
Inspector General. This includes an increase of $1,500,000
for oversight of the Infrastructure Investment and Jobs Act.
Office of the General Counsel
The agreement provides $60,537,000 for the Office of the
General Counsel (OGC). The agreement includes $2,600,000 to
establish within OGC functions related to the Freedom of
Information Act.
Office of Ethics
The agreement provides $5,556,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $2,384,000 for the Office of the
Under Secretary for Research, Education, and Economics.
Economic Research Service
The agreement provides $92,612,000 for the Economic
Research Service (ERS). The agreement includes $3,000,000 for
costs associated with the second round of USDA's National
Household Food Purchase and Acquisition Survey and $500,000
to establish a honeybee economist position to adequately
inform USDA disaster, conservation, forage, research, and
other programmatic efforts to support the specialty crop and
honey industry supply chains.
The agreement directs ERS to report on a quarterly basis
the top five agricultural commodity exports and imports by
State and to identify the country of destination or origin of
those commodities.
The agreement reminds the Secretary of directives in fiscal
year 2022 to submit reports to the Committees on both
voluntary carbon sequestration incentives and life cycle
analysis (LCA) for various biobased products.
The agreement encourages ERS to continue and expand the
efforts relating to organic data analysis.
The agreement recognizes ERS' ongoing efforts to identify
census tracts with difficult and mountainous terrain and
directs ERS to continue this research. The agreement further
directs ERS to keep the Committees and any other interested
parties regularly apprised of progress, and to make all
efforts to expedite the report's completion while
maintaining the integrity of the research.
National Agricultural Statistics Service
The agreement provides $211,076,000 for the National
Agricultural Statistics Service (NASS), of which $66,413,000
is for the Census of Agriculture. The agreement maintains
funding for the Cost of Pollination survey, the Floriculture
Crops report, and for NASS to coordinate with AMS for
activities related to expanding organic price reporting and
organic data collection. The agreement also maintains
$2,000,000 to expand the existing geospatial program.
The agreement expects NASS to continue its ongoing
activities at the frequency levels assumed in fiscal year
2022, including barley acreage and production estimates; the
Bee and Honey Program; the Chemical Use Data Series; the
Floriculture Crops Report; and Fruit and Vegetable Reports,
including in-season forecasts for non-citrus fruit and tree
nut crops such as pecans.
The 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.
The agreement encourages NASS to reinstate the 5-year
Vineyard and Orchard Acreage Study and resume data collection
and reporting so grape, wine, and juice producers can remain
competitive and respond to challenges in the industry.
Agricultural Research Service
Salaries and Expenses
The agreement provides $1,744,279,000 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 2022 levels. The
agreement provides funding increases for Activated Foods;
Aflatoxin Mitigation; Agricultural Measurement and Monitoring
Innovation Lab; Agrivoltaics; Alfalfa Research; Alternative
Protein Research; BARD; Barley Pest Initiative; Bee Genomics;
Biotechnology Innovation; Central Crops Research; Chronic
Wasting Disease; Citrus Breeding; Climate Hubs; Coffee Leaf
Rust; Cotton Genetics and Fiber Quality; Cover Crops; Crop
Production Systems and Genetic Research; Dairy Forage;
Floriculture and Nursery Research Initiative; Food Systems;
Fumigant Alternatives Research; Genetic Oats; Harmful Algal
Blooms; Healthy Soils in Semi-Arid Locations Research;
Herbicide Resistance; High Performance Computing; Human
Nutrition; Improvements in Broiler Production; LTAR; Little
Cherry Disease; Livestock Genetics; Macadamia Tree Health;
Machine Learning and Electromagnetic Sensors Research; Marine
Aquaculture Seedstock; Missouri River Basin Management;
National Bio- and Agro Defense Facility; National Soil
Dynamics Lab; Navel Orangeworm; Pay Costs; Peanut Nutrition;
Peanut Research; Pecan Genetics; Pecan Processing; Poultry
Processing Research and Innovation; Poultry Production and
Product Safety; Predictive Crop Performance; Recirculating
Aquaculture Systems Research; Regenerative and Precision
Agriculture for Orchards; Repair and Maintenance; Small
Fruits; Soil Health Research; Sorghum Genetic Database;
Strawberry Production; Sugarbeets; Sugarcane Variety
Development; Sustainable Poultry Processing Research; Tree
Fruit Post-Harvest Research; Water Quality Management
Systems; Whitefly; and Wildfire Smoke Taint.
The agreement encourages ARS to focus cattle fever tick
research efforts on projects designed for synergistic
compatibility with eradication technologies inside and beyond
the permanent fever tick quarantine zone.
The agreement directs ARS to continue its Atlantic salmon
breeding and domestication work. The agreement notes that the
current Atlantic salmon breeding program lacks a geneticist
and supports efforts by the Department to address this need.
BUILDINGS AND FACILITIES
The agreement provides $74,297,000 for ARS Buildings and
Facilities. In addition, $58,000,000 is provided in Division
N of this consolidated Act for previously funded facilities
that have incurred cost overruns.
National Institute of Food and Agriculture
Research and Education Activities
The agreement provides $1,094,121,000 for the National
Institute of Food and Agriculture (NIFA), Research and
Education Activities.
The agreement encourages AFRI to prioritize funding for
agro-acoustics in its
[[Page S7822]]
basic and applied research program, as well as through Food
and Agricultural Science Enhancement grants. The agreement
encourages the Secretary to expand career and technical
training opportunities for meat processing within the AFRI
Education and Workplace Development initiative. The agreement
encourages NIFA to prioritize the Sustainable Agricultural
Systems program area, particularly proposals that include a
focus on digital agriculture and the digitally augmented food
supply chain.
The agreement notes that the National Organic Standards
Board (NOSB) has identified key organic research priorities
and encourages NIFA to consider these priorities when
crafting the fiscal year 2023 Request for Applications for
AFRI and the Organic Transition Program. The agreement also
encourages USDA to increase the number of organic research
projects funded under AFRI and the Specialty Crop Research
Initiative.
The agreement encourages USDA to support research projects
that characterize protein from crop plants such as chickpeas,
sorghum, lentils, fava beans, lupin, rice, oats, mushrooms,
and water lentils to assess their suitability for use in food
products.
The agreement encourages land-grant universities to take
steps to foster the next generation of public plant and
animal breeders by placing a higher priority on the
development of publicly available, regionally adapted
cultivars and breeds.
The agreement provides funding to support research into the
improvement of yields, water conservation, creation of new
uses, and other research areas with the potential to advance
the alfalfa seed and alfalfa forage industry.
The agreement encourages NIFA to support research on algae
and algae application in agriculture, including new
technologies and commercial markets for renewable and
sustainable products derived from algae.
The agreement encourages USDA to support aquaculture
disease and vaccine research, including research on cold-
water aquaculture vaccines.
The agreement recognizes the need for research on
eradicating livestock diseases, particularly bovine
brucellosis and bovine tuberculosis, and encourages NIFA to
make competitive grants available to study improved
management tools for zoonotic livestock diseases with
significant wildlife reservoirs.
The agreement encourages NIFA to conduct research to
develop technologies that will provide rapid, portable, and
facile screening of fish species at port sites as well as at
wholesale and retail centers.
The agreement encourages continuation of the Dual Purpose
with Dual Benefit partnership between the National Institute
of Child Health and Human Development and USDA.
The agreement supports research funding for new food safety
technologies relating to the Nation's food supply that helps
researchers, producers, and manufacturers, and encourages
NIFA to increase research of novel bio-detection technologies
and the implementation of mobile bio-detection platforms in
real-world technologies.
The agreement continues to encourage NIFA, in coordination
with the FDA, to establish a Center of Excellence for
Foodborne Illness to coordinate a research program to reduce
the risk of Listeria monocytogenes.
The agreement supports research on how bioactive substances
help reduce obesity and encourages increased investment in
this area.
The agreement directs NIFA to work with research
institutions to develop and refine predictive models and
monitoring technologies for native and invasive pests for
incorporation into integrated pest management programs for
naturally seeded, native berry crops to increase the margin
of food safety and product quality.
The agreement supports developing, building, operating,
demonstrating, and teaching around integrated and bio-secure
production technology for feed, fish-plant, and energy
products.
The agreement continues to encourage NIFA to raise the
maximum grant size to accommodate a wider range of project
types and scopes.
The agreement emphasizes the important role of the
Specialty Crop Research Initiative in addressing the critical
needs of the specialty crop industry through research and
extension activities, and encourages NIFA to prioritize
proposals seeking to aid farmers in extending their growing
season through the use of winter growing techniques.
The agreement recognizes the importance of nationally
coordinated, regionally managed canola research and extension
programs and encourages the Secretary to give priority
consideration to proposals that address research needs in
production areas with the greatest potential to expand, as
well as those where canola production is established and
needs to be maintained.
The agreement encourages NIFA to support cooperative work
with State-run universities in the Southwest with experience
in bringing together students and young dairy professionals
from multiple States in summer programs designed to provide
practical dairy teaching with the goal of facilitating
research into workforce safety and antimicrobial stewardship.
The agreement notes the critical shortage of veterinarians
in the public, private, industrial, and academic sectors, and
as such, continues funding both the Veterinary Medicine Loan
Repayment Program and the Veterinary Services Grant Program.
The agreement supports research and development efforts in
US-made sustainable and renewable composite materials made
from natural fibers and biopolymers and encourages NIFA to
consider research projects which advance end-to-end American
farm-to-product capability to increase efficiency and
strengthen our nation's manufacturing capability in the
expanding field of sustainable engineering materials.
The agreement provides $2,000,000 to make competitive
grants for agricultural research facilities in support of the
Research Facilities Act and encourages NIFA to prioritize
facilities that are located at or primarily benefit minority
serving institutions when making awards. In addition, the
agreement urges NIFA to conduct outreach and grant writing
technical assistance prior to issuing any funding awards.
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....... $265,000
McIntire-Stennis Cooperative 16 U.S.C. 582a through 38,000
Forestry Act. a-7.
Research at 1890 Institutions 7 U.S.C. 3222......... 89,000
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 7,000
Education Grants for 1890 7 U.S.C. 3152(b)...... 30,000
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......... 16,000
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156......... 5,000
and Native Hawaiian-Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note..... 5,000
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i........ 6,000
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 2,500
and 3363.
Agriculture and Food Research 7 U.S.C. 3157......... 455,000
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 10,000
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 4,000
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)...... 1,000
Education.
Aquaculture Centers................ 7 U.S.C. 3322......... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 50,000
and Education. 5831, and 5832.
Farm Business Management........... 7 U.S.C. 5925f........ 2,500
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......... 4,000
Systems Research Program.
Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(e)...... 15,000
Agricultural Genome to Phenome 7 U.S.C. 5924......... 2,500
Initiative.
Laying Hen and Turkey Research 7 U.S.C. 5925......... 1,000
Program.
Open Data Standards for Neutral Sec. 757 of Division A 1,000
Data Repositories. of P.L. 117-103.
Research Facilities Act............ 7 U.S.C. 390 et seq... 2,000
Special Research Grants:........... 7 U.S.C. 450i(c)...... ...........
Global Change/UV Monitoring...... ...................... 1,400
Potato Research.................. ...................... 4,000
Aquaculture Research............. ...................... 2,200
Total, Special Research Grants... ...................... 7,600
Necessary Expenses of Research and
Education Activities:
Grants Management System........... ...................... 7,924
Federal Administration--Other ...................... 12,597
Necessary Expenses for Research
and Education Activities.
Total, Necessary Expenses.......... ...................... 20,521
Total, Research and Education ...................... $1,094,121
Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The agreement provides $11,880,000 for the Native American
Institutions Endowment Fund.
EXTENSION ACTIVITIES
The agreement provides $565,410,000 for NIFA, Extension
Activities.
The agreement recognizes that changes are needed to develop
a 21st century extension to meet the needs of today's
farmers, and directs NIFA to conduct meetings with producers,
stakeholders, and policymakers to begin developing a
framework for the next generation of farm extension programs.
The agreement is concerned that extension service resources
do not reach minority, social disadvantaged, and Tribal
communities and as such, encourages NIFA to evaluate
distribution of extension resources to these populations.
The agreement reminds the Secretary of the report directed
in fiscal year 2022 detailing Rural Health and Safety
Education Program funding awarded to projects addressing
opioid abuse, projects combatting other types of substance
abuse, and projects unrelated to substance abuse.
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 $325,000
programs and Cooperative Extension. (c) and 208(c) of
P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221......... 72,000
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 11,000
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
[[Page S7823]]
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......... 2,000
Food Safety Outreach Program....... 7 U.S.C. 7625......... 10,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 2,000
Farmer Stress Assistance Network... 7 U.S.C. 5936......... 10,000
Smith-Lever, Section 3(d):......... 7 U.S.C. 343(d).......
Food and Nutrition Education... ...................... 70,000
Farm Safety and Youth Farm ...................... 5,000
Safety Education.
Programs
New Technologies for ...................... 3,550
Agricultural Extension.
Children, Youth, and Families ...................... 8,395
at Risk.
Federally Recognized Tribes ...................... 4,305
Extension Program.
------------
Total, Section 3(d)........ ...................... 91,250
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 ...................... $565,410
------------------------------------------------------------------------
integrated activities
The agreement provides $41,500,000 for NIFA, Integrated
Activities.
The agreement supports the work being done through the
publicly funded diagnostic laboratory network and encourages
NIFA to prioritize funding to strengthen animal health
diagnostic laboratories.
The agreement directs the Secretary to support pest
management programs in potato growing States.
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)...... 3,000
Food and Agriculture Defense 7 U.S.C. 3351......... 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626......... 21,000
Program.
------------
Total, Integrated Activities... ...................... $41,500
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $1,617,000 for the Office of the
Under Secretary for Marketing and Regulatory Programs.
The agreement continues to reject past proposals to
administratively implement new user fees and believes USDA
should not propose new user fees without taking into account
the full impact on farmers, ranchers, and beneficiaries who
would be forced to contend with rapid changes and additional
costs without prior notice.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
The agreement provides $1,171,071,000 for the Animal and
Plant Health Inspection Service (APHIS), Salaries and
Expenses. In addition, $125,000,000 is provided for
Agricultural Quarantine Inspection Services in Division N of
this consolidated Act.
The agreement provides a net increase of $60,853,000 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: $2,635,000 to support the implementation of the
National Aquaculture Health Plan and the Comprehensive
Aquaculture Health Program Standards; $1,000,000 for Cattle
Health to combat the cattle fever tick; $2,500,000 for the
Equine, Cervid, and Small Ruminant Health program to help
address chronic wasting disease; $722,000 for the National
Veterinary Stockpile to protect against the most damaging
animal diseases; $1,500,000 for the National Animal Health
Laboratory Network [NAHLN]; $1,000,000 for Zoonotic Disease
Management to combat antimicrobial resistance; $500,000 for
the Cotton Pests program to continue eradication efforts
against the cotton boll weevil; $500,000 for Field Crop and
Rangeland Ecosystems Pests to combat the Mormon cricket and
grasshopper; $750,000 for Plant Protection Methods
Development to eradicate the Northern Giant Hornet; a net
$2,919,000 for Specialty Crop Pests for the control and
eventual eradication of the spotted lanternfly ($500,000) and
fruit flies ($3,419,000); $3,000,000 for Wildlife Damage
Management to continue feral swine eradication efforts
($1,000,000) and to implement non-lethal livestock-predator
conflict deterrence techniques ($2,000,000); $2,300,000 for
Wildlife Services Methods Development for chronic wasting
disease work at the National Wildlife Research Center
($1,000,000) and for aircraft maintenance and refurbishments
($1,300,000); $1,500,000 for Animal and Plant Health
Regulatory Enforcement; $1,400,000 for Emergency Preparedness
and Response to implement emergency contingency plans for
facilities regulated under the Animal Welfare Act; $1,000,000
for the Safe Trade and International Technical Assistance
program to support the implementation of the Lacey Act;
$1,000,000 for Overseas Technical and Trade Operations;
$4,200,000 for Animal Care; $1,000,000 for the Horse
Protection Program; and $9,552,000 for Community Project
Funding/Congressionally Directed Spending.
The agreement notes that assessing Agriculture Quarantine
Inspections' treatment monitoring fees on a per-enclosure
basis imposes disproportionate impacts on industry and user
groups at certain key ports of entry, including ports along
the Southeastern United States. USDA is encouraged to
continue evaluating alternative and equitable funding
mechanisms in consultation with relevant stakeholder groups.
The agreement encourages the Department to continue
coordination with State animal health officials in order to
proactively mitigate the spread of highly pathogenic avian
influenza and to increase outreach and engagement with
poultry producers to educate on proactive measures
individuals can take to further mitigate the spread of the
virus. The agreement encourages the Department to utilize
existing supplemental funding to continue these efforts.
The agreement directs the Department to submit a report to
the Committees on its efforts to manage Carrizo cane and
cattle fever tick within 60 days of enactment of this Act.
The agreement recognizes the significant economic impact of
the Huanglongbing disease on the citrus industry, which is
especially acute in Florida and is a growing concern in both
Texas and California. The agreement encourages the
Huanglongbing Multi-Agency Coordination [HLB-MAC] group to
explore and identify new methods to expedite the delivery of
promising treatments directly to growers. Finally, the
agreement expects that any funds which are redirected from
existing HLB-MAC projects be repurposed to other priority
HLB-MAC projects that are showing promising results to ensure
these critical funds remain committed to facilitating the
design and implementation of the rapid delivery pathway to
growers.
The agreement directs APHIS to consider options for
expanding environmental documentation for spotted lanternfly
treatments in areas outside the states currently included in
APHIS' environmental analysis as well as the cost of such
treatments and to provide a report on these topics 90 days
after the enactment of this Act.
APHIS is directed to provide an annual report within 120
days of the end of the fiscal year, detailing how the funds
for non-lethal strategies were dispersed; including regional
distribution, wild and domestic species impacted, number and
size of livestock/agricultural operations impacted, and
nonlethal tools and methods implemented and supported.
The agreement provides no less than the fiscal year 2022
level to support ongoing cooperative agreements with States
impacted by Eastern Equine Encephalitis.
The continued presence of feral cattle in the Gila National
Forest Wilderness Area in New Mexico is negatively impacting
both the ecosystem and recreational use of the area. The
agreement directs APHIS Wildlife Services and the United
States Forest Service to address this issue as expeditiously
as feasible. The agencies shall provide reports to the
Committees on their progress in the first and third quarters
of the year.
The agreement provides $3,000,000 for APHIS to ensure
necessary steps are taken to develop a qualified workforce
comprised of subject matter experts in foreign, emerging, and
zoonotic diseases and capable of developing, validating, and
conducting needed diagnostics, performing epidemiologic
studies, and completing bioinformatics analyses. The
agreement encourages APHIS to establish cooperative
agreements with academic research institutions, particularly
non-land grant Hispanic-Serving Institutions, to support the
next generation of the National Bio- and Agro-Defense
Facility workforce.
The agreement directs USDA to submit a report to the
Committees within 1 year of enactment of this Act regarding
the National Detector Dog Training Center's role in
protecting the domestic agriculture sector from pests and
diseases. The report shall include a description of domestic
pest and disease programs that use canine detector teams,
coordination between APHIS and U.S. Customs and Border
Protection on use of canine teams for agricultural quarantine
inspections, and the Center's current capacity level.
The agreement directs USDA to coordinate amongst all
relevant agencies under its authority to update, and where
applicable, develop consistent, easily replicated formulas on
an annual basis to estimate market values of livestock and
poultry categories for indemnity purposes. In developing and
updating these annual values, USDA should ensure that they
reflect applicable modern production practices, and relevant
livestock and poultry markets so that payments by USDA
represent average fair market values for the category of
animal that the compensation payment is intended to cover.
The agreement directs APHIS to work with ARS and
stakeholders and provides no less than the fiscal year 2022
level to develop an integrated management program for control
of the Roseau cane scale insect pest infestation.
The agreement includes no less than the fiscal year 2022
funding level to improve understanding of EU1 and NA1 strains
of the sudden oak death pathogen and treatment methods to
inform control and management techniques in wildlands.
The agreement provides $121,957,000 for wildlife damage
control to maintain priority initiatives, including
preventing the transport of invasive snakes and other harmful
[[Page S7824]]
species. The agreement provides no less than the fiscal year
2022 funding level for the agency to reduce blackbird
depredation in the Northern Great Plains.
The agreement provides no less than the fiscal year 2022
level for damage management efforts and the development of
methods to assist producers in combatting the persistent
threat and economic hardship caused by cormorants, pelicans,
and other birds. The agreement provides $28,000,000 for the
National Rabies Management Program to fortify existing
barriers and advance prevention and eradication efforts.
The agreement provides $2,000,000 within Wildlife Damage
Management to maintain a National Training Academy focused on
those areas of greatest concern such as pyrotechnics,
firearms, hazardous materials, immobilization and euthanasia
drugs, pesticides, animal care and handling, land vehicles,
watercraft, and zoonotic diseases.
The agreement notes that the need for the equine industry
and APHIS to cooperate in order to eliminate the soring of
horses has been consistently recognized. In 2021, the
National Academy of Sciences recognized the importance of
objective science-based inspection to ensure accuracy and
fairness. The Committee directs APHIS to continue to utilize
existing resources to implement proven objective science-
based inspection tools for its horse soring inspection
protocol.
The following table reflects the agreement:
[in thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................... $39,183
Aquatic Animal Health...................................... 5,000
Avian Health............................................... 64,930
Cattle Health.............................................. 111,771
Equine, Cervid, and Small Ruminant Health.................. 35,319
National Veterinary Stockpile.............................. 6,500
Swine Health............................................... 26,044
Veterinary Biologics....................................... 21,479
Veterinary Diagnostics..................................... 63,777
Zoonotic Disease Management................................ 21,567
------------
Subtotal, Animal Health 395,570
Agricultural Quarantine Inspection (Appropriated).......... 35,541
Cotton Pests............................................... 15,450
Field Crop & Rangeland Ecosystems Pests.................... 14,986
Pest Detection............................................. 29,075
Plant Protection Methods Development....................... 22,557
Specialty Crop Pests....................................... 216,117
Tree & Wood Pests.......................................... 62,562
------------
Subtotal, Plant Health 396,288
Wildlife Damage Management................................. 121,957
Wildlife Services Methods Development...................... 26,244
------------
Subtotal, Wildlife Services 148,201
Animal & Plant Health Regulatory Enforcement............... 18,722
Biotechnology Regulatory Services.......................... 19,691
------------
Subtotal, Regulatory Services 38,413
Contingency Fund........................................... 514
Emergency Preparedness & Response.......................... 44,067
------------
Subtotal, Emergency Management 44,581
Agriculture Import/Export.................................. 19,292
Overseas Technical & Trade Operations...................... 25,572
------------
Subtotal, Safe Trade 44,864
Animal Welfare............................................. 37,506
Horse Protection........................................... 4,096
------------
Subtotal, Animal Welfare 41,602
APHIS Information Technology Infrastructure................ 4,251
Physical/Operational Security.............................. 5,182
Rent and DHS Payments...................................... 42,567
Congressionally Directed Spending.......................... 9,552
------------
Subtotal, Agency Management 61,552
============
Total, Direct Appropriation............................ $1,171,071
------------------------------------------------------------------------
buildings and facilities
The agreement provides $3,175,000 for APHIS Buildings and
Facilities.
Agricultural Marketing Service
marketing services
The agreement provides $237,695,000 for Agricultural
Marketing Service (AMS), Marketing Services.
The agreement includes the following increases: $2,000,000
for the National Organic Standards program; $500,000 for the
Acer Access and Development program; and $5,000,000 for
oversight and enforcement of the Packers and Stockyards Act.
The agreement includes $25,000,000 for the Dairy Business
Innovation Initiatives program and $8,000,000 for the Micro-
Grants for Food Security program. The agreement also includes
$1,000,000 for the Cattle Contracts Library in this account.
The agreement expects AMS to prioritize proposals for the
Acer Access and Development Program that support the
promotion of research and education, natural resource
responsibility, and market development and promotion, and
that are from regions with sufficient distribution of Acer
saccharum to support a commercially viable maple syrup
industry.
The agreement directs the Department, in collaboration with
Customs and Border Protection, FDA, and domestic commercial
honey producer stakeholders, to provide a report on the
resources and authorities needed to ensure a fairer market
for domestic honey producers and a more transparent market
for American consumers.
The agreement directs the Secretary, working with the
Attorney General as appropriate, to act expeditiously to
analyze issues surrounding transparent meat pricing
mechanisms and reliable price discovery for cattle producers
and the rest of the supply chain nationwide, and to consider
extending the ongoing investigation to include economic
disruptions associated with public health emergencies.
The agreement urges AMS to administer the Micro-Grants for
Food Security program in a manner that will ensure that low-
income, disadvantaged, and minority individuals are able to
submit applications and receive funding for projects that
would increase the amount and quality of locally produced
foods. When practicable, the agreement directs AMS to waive
or amend how it applies the regulatory requirements of 2 CFR
200.206, 200.313, 200.328, and 200.329 to ensure that this
program addresses food insecurity challenges.
The agreement recognizes AMS' work to reimburse dairy
producers for unintended losses in 2020 resulting from a milk
pricing change made in the Agriculture Improvement Act of
2018 and pandemic-related market disruption and is concerned
that the per-producer limitation of five million pounds
resulted in larger producers being reimbursed for only
minimal portions of their losses. The Department is
encouraged to evaluate possible measures to ensure more
wholesome reimbursement under future programs.
The agreement encourages USDA to support the Native
American Tourism and Improving Visitor Experience Act (Public
Law 114-221) by prioritizing projects that market, promote,
or expand Native American foods, markets, and enterprises.
The agreement directs AMS to continue strong enforcement of
organic dairy production standards and to resolve significant
variations in standard interpretation that exist among
organic certifiers and organic dairy producers. AMS shall
continue to conduct critical risk-based oversight,
particularly for large, complex dairy operations.
The agreement recognizes the need for organic dairy
producers to have detailed data about market conditions in
order to make decisions about the value of their products.
Within 60 days of enactment of this Act, AMS is directed to
brief the Committees on the feasibility of collection and
publication of organic fluid milk data from all Federal Milk
Marketing Orders.
The agreement directs the Secretary to require mandatory
reporting on an annual basis by accredited certifying agents
on aggregate production areas certified by crop and location
in order to accurately calculate organic acreage and yield
estimates on a country-by-country basis. The agreement
maintains funding for AMS to coordinate with NASS for
activities related to expanding organic price reporting and
organic data collection.
limitation on administrative expenses
The agreement provides a limitation on administrative
expenses of $62,596,000.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
The agreement provides $21,501,000 for Funds for
Strengthening Markets, Income, and Supply.
The agreement notes the importance of the Secretary's
authority, described in clause 3 of 7 U.S.C. 612c, to direct
funds from the Section 32 account, but believes that
communication between USDA and Congress should be improved
when this practice is used. The agreement directs the
Secretary to provide notification to the Committees in
advance of any public announcement or release of Section 32
funds under the authorities described above.
The following table reflects the status of this fund:
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts).............. $27,123,378
Less Transfers:
Food and Nutrition Service......................... -25,199,767
Commerce Department................................ -362,611
------------------
Total, Transfers............................. -25,562,378
Budget Authority, Farm Bill.......................... 1,561,000
Appropriations Temporarily Reduced--Sequestration.... -77,691
------------------
Budget Authority, Appropriations Act 1,483,309
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.................. 198,000
Estimated Future Needs............................. 523,130
------------------
Total, Commodity Procurement................. 1,424,630
Administrative Funds:
Commodity Purchase Support......................... 37,178
Marketing Agreements and Orders.................... 21,501
------------------
Total, Administrative Funds.................. 58,679
------------------
Total Obligations............................ $1,483,309
------------------------------------------------------------------------
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 $1,117,000 for the Office of the
Under Secretary for Food Safety.
Food Safety and Inspection Service
The agreement provides $1,158,266,000 for the Food Safety
and Inspection Service (FSIS) and an additional $29,700,000
in Division N of this consolidated Act for costs associated
with the Goodfellow move.
[[Page S7825]]
This amount includes an additional $10,000,000 to continue
the reduced user fees for small and very small
establishments. The Act also includes $2,800,000 to address
the persistently high levels of public health veterinarian
vacancies and up to $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.
The agreement appreciates the updated memorandum of
understanding on worker safety with FSIS and the U.S.
Department of Labor's Occupational Safety and Health
Administration that will go towards protecting workers and
improved training over the next five years.
The Committees still await the report on the Cooperative
Interstate Shipment
(CIS) program as outlined in Section 764(e)(2) of Division
N of Public Law 116-260.
The agreement recognizes the crucial need for the Federal
Government to improve its interagency coordination efforts on
food safety, particularly as it pertains to pathogens and
outbreaks. The Committee directs USDA and FDA to continue to
work together and with other Federal, State, and industry
partners to develop strategies to prevent and respond to
foodborne outbreaks.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal.............................................. $1,036,888
State................................................ 67,131
International........................................ 18,975
Public Health Data Communications Infrastructure 35,272
System..............................................
Total, Food Safety and Inspection Service........ $1,158,266
------------------------------------------------------------------------
TITLE II
Farm Production and Conservation Programs
Office of the Under Secretary for Farm Production and Conservation
The agreement provides $1,727,000 for the Office of the
Under Secretary for Farm Production and Conservation.
Farm Production and Conservation Business Center
salaries and expenses
9(including transfers of funds)
The agreement provides $248,684,000 for the Farm Production
and Conservation (FPAC) Business Center. In addition,
$60,228,000 is transferred from the Commodity Credit
Corporation.
The agreement reminds the Secretary of the report directed
in S. Rept. 116-110 regarding the FPAC Business Center's
efficiencies gained, metrics, hiring plan, and potential
reorganization, which is now long overdue.
Farm Service Agency
salaries and expenses
(including transfers of funds)
The agreement provides $1,215,307,000 for Farm Service
Agency (FSA), Salaries and Expenses.
The agreement urges USDA to maintain its position that
drought on acequia-irrigated land is an eligible cause of
loss for the Noninsured Crop Disaster Assistance Program.
The agreement again directs USDA to brief the Committees on
the implementation status of the Acreage Crop Reporting
Streamlining Initiative.
The agreement recognizes that drought is the largest cause
of U.S. farm production losses and reminds the Secretary of
the report directed in the joint explanatory statement
accompanying Public Law 116-260 detailing a full analysis of
the new CREP dryland agricultural uses authority and which
dryland farming best practices could make advancements to
protect ground water and surface water quality and control
soil erosion while enhancing wildlife habitat.
The agreement directs the Secretary to restore normal
mortality rates under the Emergency Livestock Assistance
Program for honeybees to fifteen percent and to restore fair
market values for colonies and hives to at least the levels
utilized in the 2019 program year. The agreement encourages
the Secretary to expand eligibility under the program to
include climate change and drought-related losses, or to
include managed honeybees under other appropriate disaster
assistance programs.
The agreement encourages FSA to work with ranchers to
tailor the Livestock Indemnity Program to address unique
circumstances currently preventing producers from receiving
compensation for losses stemming from panther and bald eagle
depredation events.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,215,307
Transfer from ACIF....................................... 305,803
------------
Total, FSA Salaries and expenses....................... $1,521,110
------------------------------------------------------------------------
state mediation grants
The agreement provides $7,000,000 for State Mediation
Grants.
grassroots source water protection program
The agreement provides $7,500,000 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 notes that no payments have been made to
Maine farmers who depopulated their herds as a result of per-
and polyfluoroalkyl substances (PFAS) contamination and
encourages USDA to provide indemnification to those farmers.
The agreement also recognizes that USDA updated the Dairy
Indemnity Payment Program (DIPP) to provide additional
options to dairy producers impacted by PFAS contamination,
but directs USDA to evaluate additional resources available
to producers facing PFAS contamination, and to inform the
Committees of additional resources needed to provide relief.
geographically disadvantaged farmers and ranchers
The agreement provides $4,000,000 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 $10,652,312,000 for the ACIF program
account.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct................................................... $3,100,000
Guaranteed............................................... 3,500,000
Subtotal, Farm Ownership Loans........................... 6,600,000
Farm Operating Loans:
Direct................................................... 1,633,333
Unsubsidized Guaranteed.................................. 2,118,491
Subtotal, Farm Operating Loans........................... 3,751,824
Emergency Loans............................................ 4,062
Indian Tribe Land Acquisition Loans........................ 20,000
Conservation Loans--Guaranteed............................. 150,000
Relending Program.......................................... 61,426
Indian Highly Fractionated Land............................ 5,000
Boll Weevil Eradication.................................... 60,000
------------
Total, Loan Authorizations............................. 10,652,312
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................... 23,520
Unsubsidized Guaranteed.................................. 11,228
------------
Subtotal, Farm Operating Subsidies....................... 34,748
Emergency Loans............................................ 249
Relending Program.......................................... 10,983
Indian Highly Fractionated Land............................ 894
------------
Total, Loan Subsidies...................................... 46,874
ACIF Expenses:.............................................
Salaries and Expenses.................................... 305,803
Administrative Expenses.................................. 20,658
------------
Total, ACIF Expenses................................... $326,461
------------------------------------------------------------------------
Risk Management Agency
salaries and expenses
The agreement provides $66,870,000 for Risk Management
Agency, Salaries and Expenses.
The agreement encourages RMA to provide for an inflation
adjustment to all administrative and operating expense
reimbursements in order to provide equitable relief with
respect to specialty crop policies. The agreement recognizes
RMA's authority to provide for an inflation adjustment to all
administrative and operating expense reimbursements without a
renegotiation of the SRA in a manner similar to the inflation
adjustment from 2011 through 2015. Further, the agreement
encourages RMA to provide for an inflation adjustment to all
A&O in order to provide equitable relief with respect to
specialty crop policies.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The agreement provides $941,124,000 for Natural Resources
Conservation Service (NRCS), Conservation Operations.
The agreement provides $16,751,000 for the Snow Survey and
Water Forecasting Program; $10,751,000 for the Plant
Materials Centers, of which $1,000,000 is for climate smart
agriculture; $86,757,000 for the Soil Surveys Program; and
$800,892,000 for Conservation Technical Assistance, of which
$14,000,000 is for the Grazing Lands Conservation Initiative,
$13,000,000 is for additional staff, and $1,000,000 is for
Phragmite control. The agreement also includes $3,000,000 for
a cost-share program for the construction and repair of
perimeter fencing.
The agreement maintains funding for the Grazing Lands
Conservation Initiative, of which at least $12,000,000 shall
be provided through State allocations as competitive grants
to diverse partnerships. The agreement also directs NRCS to
provide at least $2,000,000 through a cooperative agreement
with a national grazing lands conservation coalition to
establish diverse State-based coalitions and undertake
grazing education.
The agreement provides an increase of $7,000,000 to expand
NRCS Snow Telemetry Network, of which $1,000,000 is for a
study, following consultation with the Committees, of
potential expansion of the SNOTEL automated mountain weather
monitoring network to the northeastern United States. The
agreement also encourages consideration of expansion into the
Alpine zone of glaciated mountain ranges, and consideration
of working with interested university, tribal, and non-profit
partners on the installation and maintenance of such SNOTEL
sites.
The agreement encourages the Secretary to use mitigation
with the conversion of a natural wetland and equivalent
wetlands functions at a ratio which does not exceed 1-to-1
acreage.
The agreement expects NRCS to utilize all available
opportunities and to work with eligible entities, including
producers, States,
[[Page S7826]]
irrigation districts, and acequias to assist in implementing
area-wide plans to address drought resiliency and mitigation.
The Environmental Quality Incentive Program (EQIP) helps
farmers conserve energy and develop conservation plans
through locally based technical service providers. The
agreement urges the Secretary to seek out and implement
opportunities to encourage and support farmers' energy
efficiency projects. The agreement further encourages the
Department to develop EQIP guidance that ensures input from
local communities, including listening sessions with land
grants and acequias.
The agreement expects NRCS to continue to take into account
sample design, data collection software, and data processing
capability in order to collect and produce scientifically
credible information on the status, condition, and trends of
Alaska's lands, soils, waters, and related resources.
The agreement directs NRCS to implement a multi-year
cooperative agreement with appropriate funding support to an
organization that supports efforts to conserve the lesser-
prairie chicken and implements carbon sequestration
conservation programs nationwide, and that can make
conservation solutions and best practices accessible daily to
private land owners.
The agreement directs NRCS to provide a report within 90
days of enactment of this Act on actions it will take to
eliminate program duplication as identified in IG Audit
Report 10601-0004-KC and IG Audit Report 10601-0001-32.
The agreement continues to direct NRCS to maintain a record
of total technical assistance dollars, differentiated between
mandatory and discretionary allocations, and to provide the
data to the Committees on Appropriations.
The agreement encourages NRCS to reevaluate the match
requirements for the Technical Service Provider program
supporting State and Tribal health programs.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The agreement provides $75,000,000 for Watershed and Flood
Prevention Operations (WFPO).
The agreement funds congressionally directed spending for
certain activities and locations under Watershed and Flood
Prevention Operations. While the agreement provides the
funding, recipients of CDS are still required to apply for
the funding. The agreement expects the agency to review the
applications and fund projects in the same manner as previous
years.
The agreement is aware of increased interest in using WFPO
funds for projects that modernize irrigation systems while
also providing benefits for drought response and wildlife
habitats, and directs NRCS, in collaboration with outside
stakeholders and project sponsors, to review and streamline
program guidance to facilitate these projects. The agreement
further directs NRCS to provide a report within 60 days of
enactment of this Act detailing the steps taken to streamline
the program to reflect expanded use of funds for irrigation
modernization projects that also improve drought response and
wildlife habitat.
WATERSHED REHABILITATION PROGRAM
The agreement provides $2,000,000 for the Watershed
Rehabilitation Program.
HEALTHY FORESTS RESERVE PROGRAM
The agreement provides $7,000,000 for the Healthy Forests
Reserve Program.
URBAN AGRICULTURE AND INNOVATIVE PRODUCTION PROGRAM
The agreement provides $8,500,000 for the Urban Agriculture
and Innovative Production Program.
CORPORATIONS
Federal Crop Insurance Corporation Fund
The agreement provides such sums as may be necessary for
the Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides such sums as may be necessary for
Reimbursement for Net Realized Losses of the Commodity Credit
Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
The agreement provides a limitation of $15,000,000 for
Hazardous Waste Management.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The agreement provides $1,620,000 for the Office of the
Under Secretary for Rural Development.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $801,079,000 for Salaries and
Expenses of Rural Development, including a direct
appropriation of $351,087,000.
The agreement remains concerned about IT systems within
Rural Development and provides an increase of $25,000,000 to
continue making improvements and retiring legacy systems.
This increase shall be used to update or retire the following
systems: UniFi/SURPASS, Hyperion Reports, and PLAS.
Furthermore, the agreement directs the Department to provide
a report listing the programs that still require paper
applications and the estimated cost to develop online
portals, as well as monthly updates on making improvements to
the systems listed above and any other IT development.
The agreement provides $5,000,000 for the Rural Partners
Network and still awaits the updated report that includes key
performance measures to evaluate the success of this new
initiative. Additionally, the fiscal year 2022 joint
explanatory statement requested monthly updates on the
rollout of the program, and the Committees have yet to
receive an update. The agreement directs the Department to
begin sending those updates immediately.
Additionally, the agreement provides an increase of
$25,802,000 for pay costs. The agreement directs the
Department to continue to fill vacancies, prioritizing
ongoing mission critical activities, and to brief the
Committees prior to advancing or expanding the Rural Partners
Network and onboarding Community Liaisons. The agreement also
directs the Department to provide a report that breaks out
staffing by program, including current levels and end of year
goals within 30 days of enactment of this Act and monthly
reports to the Committees with hiring updates thereafter.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total budget authority of
$527,357,000 for activities under the Rural Housing Insurance
Fund Program Account.
The Committees applaud the initial success of the Single-
Family Housing Direct relending loan program and provide
$7,500,000 in loan level to expand the pilot to other States,
particularly in the southwestern United States. The agreement
directs the Department to publish a report on its website
detailing the Native community development finance
institutions (CDFI) that receive loans from this
demonstration program, a breakdown of mortgage loans made
under this program to households residing on and off Tribal
trust lands, and the average mortgage loan amount made by
Native CDFIs under this program.
The agreement is concerned that there are unnecessary
impediments facing individuals who utilize Single Family
Housing Direct Loans and the Single Family Housing Guaranteed
Loan Program to purchase homes or property in rural areas.
The agreement reminds the Department that efficient review
and approval of these applications is essential to the
success of these programs, especially in the current housing
market, and directs the Department to submit a report, within
60 days of enactment, on the current appraisal requirements
for these homes and whether these requirements are adopted
from requirements used by the Department of Housing and Urban
Development or the Department of Veterans Affairs.
The agreement reminds the Department that the fiscal year
2017 Appropriations Act required the Department to conduct
research and identify policy program reforms, and incentives
for preserving rural rental housing and to produce a report
summarizing those findings to be submitted to the Committees
2 years later. The report is now 3 years overdue, and the
agreement directs the Department to submit the completed
report within 30 days of enactment of this Act.
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
Single Family Relending Demonstration.................... 7,500
Unsubsidized guaranteed.................................. 30,000,000
Housing repair (sec. 504).................................. 28,000
Rental housing (sec. 515).................................. 70,000
Multi-family guaranteed (sec. 538)......................... 400,000
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......................................... 20,000
Total, Loan authorizations............................. $31,795,500
============
Loan subsidies, grants & administrative expenses:
Single family housing (sec. 502)
Direct................................................... $46,375
Single Family Relending Demonstration.................... 2,468
Housing repair (sec. 504).................................. 2,324
Rental housing (sec. 515).................................. 13,377
Multifamily Housing Revitalization......................... 36,000
Farm labor housing (sec. 514).............................. 4,084
Site development loans (sec. 524).......................... 208
Self-help land development (sec. 523)...................... 267
Total, loan subsidies.................................. 105,103
------------
Farm labor housing grants.................................. 10,000
Total, loan subsidies and grants....................... 115,103
------------
Administrative expenses (transfer to RD)................... 412,254
Total, Loan subsidies, grants, and administrative $527,357
expenses..............................................
============
------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
The agreement provides $1,487,926,000 for the Rental
Assistance Program.
The Committees are interested in the fiscal year 2023
President's budget request to decouple rental assistance from
Section 515 loans but believe additional information is
needed. Therefore, the agreement directs the Department to
hold at least three listening sessions and stakeholder
meetings within six months of enactment of this Act.
Furthermore, the Department shall brief the Committees,
within 60 days after the final listening session, on how
decoupling rental assistance would be implemented.
The Secretary is encouraged to prioritize multi-family
housing properties acquired by
[[Page S7827]]
means of a section 515 loan within the current fiscal year
when determining current rental assistance needs.
The agreement is concerned the shift of urban population to
more rural settings has disproportionally impacted affordable
housing for rural residents. Therefore, where practicable,
the agreement urges the Secretary to prioritize Rental
Assistance to these regions.
RURAL HOUSING VOUCHER ACCOUNT
The agreement provides $48,000,000 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 $341,490,328 for the Rural Community
Facilities Program Account and an additional $25,300,000 in
Division N of this consolidated Act.
The agreement is concerned by the ineligibility of projects
under the Community Facilities Grant program located in
significantly rural and low-income areas that are defined as
distressed but do not qualify for grant funding under this
program. The Department is required to evaluate the program's
income and service area-based eligibility standards and
identify ways to approve community access to these grants,
including whether basing eligibility on national rather than
state median household income could benefit areas located in
predominantly poor, rural States.
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................................................ - - -
Community Funded Projects/Congressionally Directed 325,490
Spending................................................
Rural Community Development Initiative................... 6,000
Tribal college grants.................................... 10,000
Total, subsidy and grants.............................. $341,490
============
------------------------------------------------------------------------
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $86,520,000 for the Rural Business
Program Account.
The agreement provides a $550,000,000 increase in loan
authority for Business and Industry Guaranteed loan program.
The agreement provides $500,000 for transportation technical
assistance and directs that of the $4,000,000 provided for
grants to benefit federally Recognized Native American
Tribes, $250,000 shall be used to implement an American
Indian and Alaska Native passenger transportation development
and assistance initiative.
The agreement is aware of GAO's recent report, GAO-21-579,
which issued recommendations to USDA, Department of Housing
and Urban Development [HUD], and the Economic Development
Agency [EDA] to better leverage complementary Federal
community and economic development funds. The agreement
encourages USDA to improve collaboration with HUD and EDA to
help communities maximize and more effectively utilize
Federal economic development resources.
The agreement recognizes that strong partnerships exist
between RD and Federal Regional Commissions and Authorities.
The agreement encourages RD to coordinate with Regional
Commissions to promote efficiency during the grant planning
and review process. Additionally, the agreement encourages RD
to ensure flexible processes are available for each Regional
Commission as appropriate.
The agreement provides $2,000,000 for the RISE grant
program enacted as part of the Agriculture Improvement Act of
2018 (Public Law 115-334). These grants have the potential to
help struggling communities by funding jobs accelerators in
low-income rural areas. The agreement recommends funding be
prioritized for entities leveraging next generation gigabit
broadband service to promote entrepreneurship and entities
based in geographical areas with established agriculture and
technology sectors which are focused on the development of
precision and autonomous agriculture technologies as a way to
strengthen rural economies and create jobs.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Business and industry guaranteed loans................... $1,800,000
Loan subsidy and grants:
Business and industry guaranteed loans................... 38,520
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....... $86,520
============
------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $7,781,000 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................................ 3,313
Administrative Expenses.................................. 4,468
Subtotal, subsidies and administrative expenses.......... $7,781
============
------------------------------------------------------------------------
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
The agreement provides $75,000,000 for the Rural Economic
Development Loans Program Account.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The agreement provides $28,300,000 for Rural Cooperative
Development Grants. Of the amounts made available,
$13,000,000 is for the Value-Added Producer Grant Program and
$3,500,000 is for the Appropriate Technology Transfer for
Rural Areas Program.
The agreement provides $3,000,000 for Agriculture
Innovation Center funding, as authorized in section 6402 of
Public Law 107-171, to be available as grants to States
authorized to host, and that have previously hosted, a USDA
Agriculture Innovation Center and where the State continues
to demonstrate support and provide non-Federal grant funding
to producers developing, producing, and marketing value-added
agricultural and food products. Prior year or current grant
awardees shall be eligible for these funds.
The Committees are still awaiting the report on
implementation of Section 6306 of the Agriculture Improvement
Act of 2018 (Public Law 115-334), including a projected
timeline for full implementation of this provision.
The agreement urges that Value-Added Producer Grants be
prioritized to support the production of value-added
agricultural products, including dairy, with significant
potential to expand production and processing in the United
States.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
The agreement provides $6,000,000 for the Rural
Microentrepreneur Assistance Program.
RURAL ENERGY FOR AMERICA PROGRAM
The agreement provides $18,000 for the Rural Energy for
America Program (REAP) in addition to resources provided in
the Agriculture Improvement Act of 2018 and Inflation
Reduction Act of 2022.
The agreement also acknowledges the potential of REAP to
help rural agricultural producers and small businesses
diversify on-farm income and promote energy efficiency
through renewable energy production. However, the agreement
recognizes financial barriers to program utilization by small
agricultural producers and small businesses due to matching
fund requirements and reimbursement-based grant funding. As
such, the agreement encourages the Department to make REAP
grants more accessible to socially disadvantaged groups and
low income applicants to ensure the program's feasibility and
accessibility for applicants of all demographics.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level............................... $20,000
Subsidies and administrative expenses:
Loan subsidy level................................. 18
==================
Total, subsidy and grants........................ $18
------------------------------------------------------------------------
HEALTHY FOOD FINANCING INITIATIVE
The agreement provides $3,000,000 for the Healthy Food
Financing Initiative.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $596,404,000 for the Rural Utilities
Service Rural Water and Waste Disposal Program Account and an
additional $60,000,000 in Division N of this consolidated
Act.
The agreement recognizes that small and rural communities
located within Central Appalachia can lack access to reliable
water and sanitation because they do not have the capacity or
population bases to support centralized water systems. Within
the funds provided for the Rural Water and Wastewater
Disposal program, the agreement encourages the Department to
fund pilot projects intended to provide decentralized small-
scale water and wastewater services to communities in
distressed counties within Central Appalachia.
The agreement provides $70,000,000 for water and waste
disposal systems grants for Native Americans, including
Native Alaskans, and the Colonias. The agreement recognizes
the special needs and problems for delivery of basic services
to these populations and encourages the Secretary to
distribute these funds in line with the fiscal
[[Page S7828]]
year 2014 distribution to the degree practicable.
The agreement directs that no less than $1,000,000 within
the technical assistance funding be used to support
manufactured homes.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans....................... $1,420,000
Water and waste guaranteed loans................... 50,000
Subsidies and grants:
Water and waste direct loan subsidy................ 2,724
Guaranteed loan subsidy............................ - - -02Water and
waste revolving
fund
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.............................. 21,180
Solid waste management grants...................... 4,000
High energy cost grants............................ 10,000
Water and waste disposal grants.................... 430,000
306A(i)(2) grants.................................. 15,000
==================
Total, subsidies and grants...................... $596,404
------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $48,496,000 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........................................ $2,167,000
Direct, Treasury................................... 4,333,000
Guaranteed underwriting............................ 900,000
Rural Energy Savings Program....................... 110,898
------------------
Subtotal, electric................................. 7,510,898
Telecommunications:
Direct, treasury rate.............................. 690,000
Loan subsidy:
Direct, treasury rate.............................. 3,726
Rural Energy Savings Program....................... 11,500
Administrative expenses.............................. 33,270
==================
Total, budget authority.......................... 48,496
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The agreement provides $466,503,317 for the Distance
Learning, Telemedicine, and Broadband Program. The agreement
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 $3,000,000 for
the broadband deployment programs authorized in the
Agriculture Improvement Act of 2018.
The agreement provides $348,000,000 for the Re-Connect
pilot, which was established in the Consolidated
Appropriations Act, 2018 (Public Law 115-141). The program
shall establish a scoring criterion that prioritizes serving
the hardest to reach, unserved and underserved rural
communities. Additionally, the agreement continues to direct
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.
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.
In addition, the burdens of applying for funding and
participating in the program should be as minimal as
possible, including allowing all providers to offer proof
of financial capability through bond ratings instead of
submitting financial documentation, and to offer
collateral for loans as well as security for performance
under grants using alternate forms of security instead of
providing a first lien on assets.
To maximize the reach of funding, projects should not be
funded if another broadband provider has begun a network
build or is subject to an enforceable commitment, either
through a Federal, State, or local funding program or other
binding obligation to a government entity, to serve the
proposed service area. In addition, the agreement reminds
USDA to avoid efforts that could duplicate existing networks
built by private investment or those built leveraging and
utilizing other Federal programs and to coordinate with the
National Telecommunications Information Administration and
the Federal Communications Commission to ensure wherever
possible that any funding provided to support deployment of
last-mile broadband infrastructure is targeted to areas that
are currently unserved.
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 2 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 intended the pilot to be
technology neutral and encourages the Secretary to eliminate
or revise the awarding of extra points under the ReConnect
program based on commercial status, or to applicants from
States without restrictions on broadband delivery by
utilities service providers.
The agreement also encourages the Department to allow
service areas that received CAF II funds to allow other
entities to apply for ReConnect funding for the same service
area if the CAF II funds supported satellite deployment and
the entity that received CAF II funds cannot provide
terrestrial broadband. In addition, 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 agreement also
remains concerned that States and territories outside the
contiguous United States are having difficulty utilizing this
program and directs the agency to report back to the
Committees with recommendations to address these concerns.
The agreement is concerned that the current weighting scale
for the ReConnect program disadvantages rural households and
communities that are not necessarily located on farms. In
addition, the agreement is concerned that providing
preference to 100 Mbps symmetrical service also unfairly
disadvantages these communities by limiting the deployment of
other technologies capable of providing service to these
areas. Further, the agreement is concerned that the current
program does not effectively recognize the unique challenges
and opportunities that different technologies, including
satellite, provide to delivering broadband in noncontiguous
States or mountainous terrain. While the agreement continues
to provide the Secretary with the flexibility to consider
applications that provide lower speeds to areas with severe
geographic limitations, the minimum buildout speed for the
ReConnect program remains 100/20 Mbps.
The Department is required to submit a report within 90
days on the feasibility and cost of utilizing satellite
internet service under its existing programs. The report must
cover a cost comparison of fiber versus satellite costs with
a focus on reaching rural areas. Additionally, USDA should
report on any statutory barriers that prevent program dollars
to go toward satellite internet access.
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.............. 4,991
Broadband ReConnect Loans and Grants............... 348,000
ReConnect Community Project Funding................ 15,513
Broadband telecommunications program:
Direct (treasury rate loans)....................... 3,000
Community Connect Grants........................... 35,000
==================
Total, subsidies and grants...................... $466,504
------------------------------------------------------------------------
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The agreement provides $1,376,000 for the Office of the
Under Secretary for Food, Nutrition, and Consumer Services.
The agreement directs the Secretary to determine ways to
streamline the application process for the Summer Food
Service Program and the Child and Adult Care Food Program.
The Secretary is directed to consider allowing organizations
in good standing for 3 years to file only one application to
administer both programs each year. The agreement directs the
Department to submit the report on ways to streamline the
application process for SFSP and CACFP as required by Public
Law 116-260.
The agreement urges FNS to focus efforts on providing
support to States with high levels of food insecurity,
including high density vulnerable populations in areas
without adequate transportation. The agreement also
encourages FNS to assess gaps in current feeding programs.
The agreement appreciates the intent of FNS to focus on
implementing locally-designed initiatives to increase food
security in frontier communities. The agreement strongly
encourages FNS to continue to work closely with relevant
stakeholders. The agreement directs FNS to collaborate with
AMS in implementing Micro-Grants for Food Security.
The agreement is concerned about the effects changes in
SNAP eligibility can have
[[Page S7829]]
on vulnerable populations that are not always looked at on a
State-by-State level. The agreement encourages the Secretary
to include vulnerable populations in State-by-State
demographic profiles.
The agreement directs USDA, within 18 months of enactment
of this Act, to formalize and publish metrics for evaluating
nutrition security in consultation with other Federal
agencies, researchers, and public health organizations.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $28,545,432,000 for Child Nutrition
Programs, including $30,000,000 for school meal equipment
grants; $40,000,000 for Summer Electronic Benefits Transfer;
$14,000,000 for Farm to School grants; $3,000,000 for School
Breakfast Expansion grants; and $20,162,000 for Team
Nutrition.
The agreement directs the Department to submit the report
on the Summer Food Service Program as required by Public Law
116-260 within 30 days after enactment of this Act.
The agreement encourages the Department to retain low-fat,
flavored milk in the forthcoming rulemaking on child
nutrition meal pattern components and to consider the food
safety and functional uses of sodium in cheese.
The agreement is concerned that the per-meal reimbursement
rates for school meals in outlying areas do not accurately
reflect the high costs of producing and supplying school
meals. The agreement notes the calculation for the national
payment rate for outlying areas has not been adjusted since
its original 1979 analysis. The agreement directs USDA to
provide a temporary increase in the national average payment
rate for the outlying areas at a rate at least equal to the
national average payment rate for Alaska until the School
Nutrition Cost Study II is completed. The agreement further
directs USDA to provide technical assistance and flexibility
to school food authorities in outlying areas.
The agreement encourages the Secretary to update the system
of crediting high-protein yogurt to accurately reflect the
scientifically demonstrated higher protein content in
strained yogurt.
The agreement recognizes the nutritional value of pulse
crops for children and encourages FNS to support school food
authorities in sourcing and serving pulse crops.
The agreement encourages FNS to explore utilizing third-
party services to deliver meals and snacks through CACFP in a
non-congregate setting, particularly in school districts in
which the poverty rate is higher than the national average.
The agreement provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program.................................... $15,404,530
School breakfast program................................ 5,453,240
Child and adult care food program....................... 4,659,778
Summer food service program............................. 655,333
Special milk program.................................... 7,817
State administrative expenses........................... 339,000
Commodity procurement................................... 1,788,389
Team Nutrition.......................................... 20,162
Food safety education................................... 4,196
Coordinated review...................................... 10,000
Computer support and processing......................... 28,238
CACFP training and technical assistance................. 45,996
Child Nutrition Program studies and evaluations......... 21,005
Child Nutrition payment accuracy........................ 12,315
Farm to school tactical team............................ 6,433
School meals equipment grants........................... 30,000
Summer EBT demonstration................................ 40,000
Child Nutrition Training................................ 2,000
Farm to School Grants................................... 14,000
School Breakfast Expansion.............................. 3,000
===============
Total............................................... $28,545,432
------------------------------------------------------------------------
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 2023.
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, Engineering
and Medicine (NASEM) 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 NASEM recommendations are
reviewed and used to inform the Department's next course of
action. The agreement also strongly encourages the Department
to continue to allow states to submit cultural food package
proposals to respond to the cultural preferences of WIC
participants in states like Alaska.
The agreement encourages USDA to collaborate with HHS on
the development of uniform, evidence-based nutrition
education materials in order to best service WIC eligible
pregnant women and caregivers to infants impacted by Neonatal
Abstinence Syndrome.
Repeated Dietary Guidelines for Americans (DGAs) have
identified dairy products as nutrient-dense, while also
identifying a high percentage of the U.S. population,
including WIC's at-risk population, as not consuming the
recommended level of dairy. As the Secretary considers an
update to the WIC Supplemental Food Package, the Committee
urges the Department to ensure that quantities of milk and
other dairy foods provided to WIC participants are aligned
with the DGAs.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The agreement provides $153,863,723,000 for the
Supplemental Nutrition Assistance Program (SNAP).
The agreement is concerned about high rates of food
insecurity among active-duty service members, particularly in
rural and remote areas. The agreement directs FNS to submit a
report on steps taken to address food insecurity in military
communities, including efforts to identify eligible
individuals, outreach efforts on military bases, and
resources available to military families.
The agreement continues to support the full implementation
of the National Accuracy Clearinghouse and encourages the
Department to use a blended workforce, including contractors
and subcontractors, that have the capability to use data
analytics and public data to determine the correct State to
issue SNAP benefits. The agreement also directs the
Department to ensure individuals are not automatically
removed from receiving benefits.
The agreement directs FNS to submit the report on FDPIR as
required by PL 116-260 within 30 days of enactment of this
Act.
The agreement is concerned that FNS has prohibited tribes
and tribal organizations that participate in the FDPIR pilot
program from including traditional food. The agreement
directs FNS to allow tribes participating in the pilot
program to include traditional foods without substitutions
and to allow participating tribes to purchase traditional
foods from producers that may not be able to provide
sufficient quantities to serve all participating tribes
across the Nation.
The agreement remains concerned about data discrepancies
that allowed benefits to be issued using fraudulent
credentials. The agreement encourages FNS to implement
controls to address these problems and update the Committees
on its progress in addressing the issues outlined in the
January 2017 OIG report.
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 encourages FNS to continue efforts on SNAP
income verification from third-party databases and to enter
into an agreement in fiscal year 2023 to make a third-party
income database electronic data matching solution available
to all 53 SNAP agencies, with a single negotiated price that
reduces costs by taking advantage of economies of scale, and
will facilitate greater efficiency and streamlined service
delivery at the State level.
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits............................................. $140,127,000
Contingency reserve.................................. 3,000,000
Administrative costs:................................
State administrative costs......................... 5,707,550
Nutrition Education and Obesity Prevention Grant 506,000
Program...........................................
Employment and Training............................ 649,835
Mandatory other program costs...................... 390,752
Discretionary other program costs.................. 3,998
------------------
Administrative subtotal.............................. 7,258,135
Nutrition Assistance for Puerto Rico (NAP)........... 2,815,630
American Samoa....................................... 11,308
Food Distribution Program on Indian Reservations..... 162,150
TEFAP commodities.................................... 445,500
Commonwealth of the Northern Mariana Islands......... 34,000
Community Food Projects.............................. 5,000
Program access....................................... 5,000
==================
Subtotal............................................. 3,478,588
==================
Total............................................ $153,863,723
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
The agreement recommends an appropriation of $457,710,000
for the Commodity Assistance Program. This includes
$338,640,000 for the Commodity Supplemental Food Program;
$26,000,000 for the Farmers' Market Nutrition Program;
$92,000,000 for administrative funding for the Emergency Food
Assistance Program; and $1,070,000 for the Food Donation
Programs for Pacific Island Assistance.
NUTRITION PROGRAMS ADMINISTRATION
The agreement provides $189,348,000 for Nutrition Programs
Administration, including $7,000,000 for the scientific
integrity of the Dietary Guidelines and $1,700,000 for the
civil rights division.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The agreement provides $932,000 for the Office of the Under
Secretary for Trade and Foreign Agricultural Affairs.
The agreement includes $1,000,000 in a general provision
for the International Agricultural Education Fellowship
program. The
[[Page S7830]]
agreement is concerned about regional limitations on eligible
programs in previous funding opportunities and encourages
USDA to avoid limiting eligibility of applicants to specific
countries or regions.
The agreement directs the Department to publish an annual
report describing the recipients of funds, including the
quantity and specific uses of such funding awards granted
through the Market Access Program and the Foreign Market
Development Program for the purpose of promoting agricultural
sales in Cuba, to ensure compliance with Sec. 3201 of Public
Law 115-334.
The agreement encourages the Department to prioritize
interagency coordination with the Office of the U.S. Trade
Representative and industry engagement in order to develop
effective and lasting solutions that will allow increased
market access for domestic peanuts into the European Union.
The agreement encourages USDA to work with USAID to support
the scale up of U.S. production and procurement of Ready-to-
Use Therapeutic Foods, and to develop a multi-year strategy
to support this effort. The Secretary shall provide a report
to the Committees on this strategy within 90 days of
enactment of this Act.
The agreement is concerned about the long-term tariffs on
the domestic farm economy. The Department is directed to
submit a report, after consultation with the Committees, that
examines the impact that tariffs imposed pursuant to sections
232 and 301 of the Trade Act of 1974 and associated
retaliatory tariffs are having on the farm economy.
Office of Codex Alimentarius
The agreement provides $4,922,000 for the Office of Codex
Alimentarius.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $237,330,000 for the Foreign
Agricultural Service and a transfer of $6,063,000. The
agreement includes $6,269,000 for pay costs, $884,000 for
Capital Security Cost Sharing, and $1,533,000 for information
technology.
FOOD FOR PEACE TITLE II GRANTS
The agreement provides $1,750,000,000 for Food for Peace
Title II Grants and an additional $50,000,000 in Division M
of this consolidated Act.
The agreement directs the Secretary, in consultation with
the Administrator of USAID, to provide to the Committees a
quarterly report on obligations and current balances of Food
for Peace Title II grants. This report should also include
any supplemental funding.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The agreement provides $243,331,000 for the McGovern-Dole
International Food for Education and Child Nutrition Program
and an additional $5,000,000 in Division M of this
consolidated Act.
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 AGENCY 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 $3,530,150,000 in discretionary
budget authority and $3,032,643,000 in definite user fees for
a total of $6,562,793,000 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 2022 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 $226,005,000, of
which $42,800,000 is for medical product safety, $41,000,000
is for food safety activities, $121,122,000 is for cross
cutting initiatives supporting both medical and food safety,
and $21,083,000 is for infrastructure investments.
Within the increases provided for medical product safety,
the agreement includes $5,000,000 for Device Shortages and
Supply Chain; $800,000 for CVM Medical Product Supply Chain;
$7,000,000 for Advancing the Goal of Ending the Opioid
Crisis, including support for interagency activities to
combat the illicit importation of opioids, including
fentanyl, through international mail facilities and land
ports-of-entry; $3,000,000 for the Predictive Toxicology
Roadmap; $5,000,000 for the Data Modernization and Enhanced
Technology Initiative; $1,500,000 for Foreign Unannounced
Human Drug Inspection Pilots; $5,000,000 for the Orphan
Products Grants Program to implement Act for ALS; $5,000,000
for Premarket Animal Drug Review Workload; $1,500,000 for
Drug Safety Surveillance and Oversight; $5,000,000 for
Medical Device Cybersecurity; $2,000,000 for the neurology
drug program; and $2,000,000 for Cancer Moonshot.
Within the increases provided for food safety activities,
the agreement provides $10,000,000 for Maternal and Infant
Health and Nutrition; $8,000,000 for Emerging Chemical and
Toxicology Issues; $20,000,000 for New Era of Smarter Food
Safety; $1,000,000 for machine learning; $1,000,000 for
sodium reduction targets; and $1,000,000 for Standards of
Identity.
Within the increases for crosscutting Agency-wide support
initiatives, the agreement provides $71,092,000 for Pay
Costs; $15,000,000 for Data Modernization and Enhanced
Technologies; $10,000,000 for Inspections; $2,500,000 for the
Office of Minority Health and Health Equity; $1,500,000 for
the Office of Laboratory Safety; $2,500,000 for the Office of
the Chief Counsel; $5,000,000 for Reduce Animal Testing
through Alternative Methods; and $13,530,000 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................................................. $1,196,097
Center for Food Safety and Applied Nutrition.......... 401,867
Field Activities.................................... 794,230
Human Drugs........................................... 760,494
Center for Drug Evaluation and Research............... 551,493
Field Activities.................................... 209,001
Biologics............................................. 271,515
Center for Biologics Evaluation and Research.......... 223,465
Field Activities.................................... 48,050
Animal Drugs and Feeds................................ 230,093
Center for Veterinary Medicine........................ 148,141
Field Activities.................................... 81,952
Devices and Radiological Products..................... 449,297
Center for Devices and Radiological Health............ 356,062
Field Activities.................................... 93,235
National Center for Toxicological Research.............. 76,919
Other Activities/Office of the Commissioner............. 224,940
White Oak Consolidation................................. 48,414
Other Rent and Rent Related Activities.................. 106,095
GSA Rent................................................ 166,286
---------------
Subtotal, Budget Authority.............................. 3,530,150
User Fees:
Prescription Drug User Fee Act.......................... 1,310,319
Medical Device User Fee and Modernization Act........... 324,777
Human Generic Drug User Fee Act......................... 582,500
Biosimilar User Fee Act................................. 41,600
Animal Drug User Fee Act................................ 32,144
Animal Generic Drug User Fee Act........................ 29,303
Tobacco Product User Fees............................... 712,000
---------------
Subtotal, User Fees..................................... 3,032,643
===============
Total, FDA Program Level............................ $6,562,793
------------------------------------------------------------------------
The agreement is concerned by the fragility of the infant
formula supply chain and the detrimental health impacts that
can arise from shortage of these regulated products. The
agreement notes that while access to infant formula has
improved, there are still supply issues, especially in rural
communities, and directs the FDA to continue to monitor
supply in order to better identify areas of shortage. The
agreement notes a request for an investigation by the HHS
Inspector General as well as the GAO. The agreement directs
the FDA to submit a report within 180 days, in consultation
with the Department of Agriculture, assessing the risks and
resilience of domestic supply chains of infant formula,
including specialty formula, and identifying potential
solutions to address vulnerabilities. The assessment should
cover the full ``farm to bottle'' supply chain including
ingredient production, processing, and manufacturing, and
distribution, including the inputs and regulatory approval
needed at each of these steps.
The agreement is also aware of FDA's efforts to develop
pathways for foreign infant formula companies to enter the
domestic infant formula market and bypass certain
requirements that domestic companies must meet. The agreement
directs FDA report to Congress within 90 days of passage of
this Act how FDA determined that the oversight of foreign
facilities participating in enforcement discretion and
foreign pathways was easier, safer, and potential impacts
towards expanding and growing domestic infant formula
production.
The agreement is concerned that human food facilities are
not inspected frequently enough to adequately identify and
respond to risks. The FDA is directed to increase the
frequency of domestic human food inspections and develop a
report for the Committees that identifies operational changes
and determine the resource implications of conducting
inspections every 18 months for high-risk domestic facilities
and every three years for non-high-risk domestic facilities.
The agreement directs FDA to provide a report to the
Committees on Appropriations not later than 30 days after the
enactment of this Act identifying applicants of INDs, NDAs,
ANDAs, including ANDAs for OTC products, and BLAs that are
headquartered in Russia.
The United States continues to be an important producer of
olive oils and one of the largest olive oil markets globally.
Accordingly, the agreement recognizes that the establishment
of a uniform set of standards would better protect and inform
consumers. Furthermore, the agreement is aware that a
petition was submitted to the FDA in July
[[Page S7831]]
2022 to establish a Standard of Identity for different grades
of olive oil (e.g. extra virgin, virgin, and refined) and
olive-pomace oils. The agreement supports this effort and
urges the FDA to work with USDA on the issue of grade
standards and expeditiously evaluate and act on the petition.
The agreement also directs FDA to brief the Committees on
Appropriations within 90 days of enactment on the status of
the agency's progress in developing a U.S. Standard of
Identityinclusive of quality and authenticity for different
grades of olive oil.
The agreement is aware of the contribution of the
accelerated approval pathway in expediting access to critical
therapies for patients with cancer and certain rare diseases.
The agreement encourages FDA to clarify the use of the
pathway to help make treatment options available for such
patients.
The agreement directs the agency to review the Policy and
Procedures Manual Guide 1240.3605 for solutions on how
certain ingredient claims can be regulated as animal food and
report back to the Committees within 120 days of enactment of
this Act.
The agreement encourages the FDA to consider an accelerated
regulatory pathway for the review of articles intended for
animal consumption that claim to have significant beneficial
environmental impact. The agreement directs FDA to make
recommendations for the appropriate pathway for
environmentally beneficial animal food additives and report
back within 120 days of enactment of this Act.
The agreement is concerned about the increase of products
that are labeled and marketed using animal food product
terminology and related iconography, including seafood. The
agreement directs FDA to conduct a study to better understand
consumers' attitudes, beliefs, motivations, and perceptions
relative to product composition, health attributes, and
labeling and report back to the Committees within one year of
enactment of this Act.
The agreement encourages the FDA to work with the Type 1
diabetes community on the assessment of potential diabetes
biomarkers related to islet autoimmunity.
The agreement encourages the FDA to further invest in the
science base for regulatory decisions on botanical dietary
supplements. The agreement also encourages FDA to further
invest in research to identify potential drug interactions
with botanical drugs.
The agreement supports FDA's proposal to require that all
products marketed as dietary supplements be listed with FDA.
The agreement believes that FDA's authorities over products
marketed as dietary supplements should be clarified to
facilitate enforcement against unlawfully marketed products.
The agreement directs the FDA, in consultation with the
Committees, to provide a report 180 days after enactment of
this Act on domestic and foreign manufacturing of drugs
included on FDA's list of Essential Medicines and Medical
Countermeasures published in October 2020.
The agreement encourages ongoing collaboration with patient
stakeholders and the broad eczema community to address gaps
and scientific knowledge and clarify the pathways for eczema
therapies.
The agreement is concerned about the proliferation of
products marketed using standards of identity for dairy
products that do not contain dairy ingredients. The agreement
directs the FDA to implement an updated enforcement approach
to enforce against dairy imitation products.
The agreement is aware of the important contribution of the
CFSAN Centers of Excellence (COE). The agreement encourages
the FDA to continue to fully utilize the COEs.
The agreement expects the FDA to provide outreach,
training, and technical assistance to farmers and provides no
less than the fiscal year 2022 level. The agreement also
directs the FDA to continue working with small farms to
clarify requirements for compliance with FSMA.
The agreement remains concerned about potential consumer
confusion over nutritional labeling requirements and
guidelines for added sugar, for products such as honey and
maple syrup. The agreement directs the FDA to continue
working with impacted industries to ensure clear and
appropriate labeling.
The agreement understands that the FDA has approved new
drug applications for opioids following completion of
clinical trials using enriched enrollment, randomized,
withdrawal (EERW) designs. The agreement directs the FDA to
conduct a study to review EERW study designs. The agreement
also encourages the FDA to consider expanding the scope of
information requested on requiring fixed quantity blister
packaging for certain opioids.
The agreement commends the FDA for its continued efforts to
approve cellular therapy drugs to treat cancer. The agreement
urges the FDA to work with industry and the research
community more broadly to continue enhancing its guidance and
regulations concerning standardization of potency testing
requirements for cellular therapies. This will expedite the
advancement of novel cellular therapies and accelerate
delivery of medicines to patients with complex and unmet
medical need.
The agreement is concerned about the escalating cost of
specialty cancer drugs and biologics. The agreement
encourages the FDA to organize clinical trials, in
collaboration with academic medical centers and other Federal
agencies, of marketed cancer drugs and biologics to assess
whether dosing frequency adjustments may reduce waste and/or
toxicities of treatment without compromising efficacy.
The agreement encourages the FDA to facilitate innovative
and flexible regulatory approaches, including expedited
programs under section 506, authorities that allow for
genetically targeted platform technologies, gene expression
biomarkers, novel statistical approaches, external controls
and a benefit-risk approach to evaluating manufacturing
process requirements.
The agreement urges the FDA to develop clearer regulatory
pathways for emerging aging treatments and to provide an
update on its progress in the fiscal year 2024 congressional
budget justification. The agreement also urges the FDA to
increase support for regulatory science that can inform these
pathways, including collaborations with the National
Institutes of Health, industry, and academia on the discovery
and validation of biomarkers.
The agreement directs the FDA to address regulation of
donor human milk and donor human milk derived products and
banks.
The agreement encourages the FDA to work to include no less
than two expert members on each Advisory Committee when that
Committee is reviewing a drug that has been designated as an
Orphan Drug. The agreement directs FDA to report the
percentage of recommendations made by Advisory Committees
with respect to orphan drugs.
The agreement is concerned with reports of positive drug
tests, addiction, overdose, and death related to contaminated
imported poppy seeds and directs the FDA to establish a
maximum permissible threshold of opiate alkaloid content for
poppy seeds.
The agreement directs the FDA to work with glass packaging
suppliers and pharmaceutical manufacturers to evaluate and
promote streamlined approval requirements designed to
expedite the adoption and use of innovative glass packaging
technologies.
The agreement supports FDA's work to improve predictability
of human and animal response to FDA regulated products. The
agreement is encouraged by the agency's efforts to support
the qualification of non-animal approaches with the ISTAND
pilot program.
The agreement supports FDA's efforts to confront the opioid
crisis through the agency's priority areas, including
additional funding for International Mailing Facilities.
Funds made available in this Act for FDA's efforts at
International Mail Facilities must focus on preventing
controlled, counterfeit, or otherwise dangerous
pharmaceuticals from entering the United States. Further,
funds made available in this Act should prioritize cases in
which importation poses a significant threat to public
health. The FDA is directed to provide a report on products
refused import at international mail facilities by
classifying such products as controlled or non-controlled
drugs, and further classifying controlled or non-controlled
drugs as counterfeit, misbranded, or unapproved.
The agreement encourages the FDA to continue to focus on
the unique role medical foods play in nutritional management.
The agreement directs the FDA to issue final separate
regulations in regard to medical gas as required by Public
Law 115-31. Should the agency not issue final regulations by
March 31, 2023, the agency shall submit a report to the
Committees quarterly thereafter explaining the status of the
rulemaking and reasons for delay.
The agreement expects the FDA to continue to support
collaborative research with universities and industry on the
toxicology of nanotechnology products and processes in
accordance with the 2021 National Nanotechnology Initiative
Strategic Plan.
The agreement provides $2,000,000 to support and enhance
the neurology drug program. The agreement urges FDA to use
this funding to develop policies and guidance that keep pace
with scientific discovery in these areas, particularly as
they apply to the prevention and early detection of
neurological disease.
The agreement encourages FDA to establish a pilot program
that will apply new tools to improve generic drug
development, manufacturing, and quality. The program should
be in collaboration with academic institutions.
The agreement encourages FDA to invest in real-world
evidence and prioritize further investments in pathogen
reduction technologies to inform its decisions concerning
blood donor deferral policies and the safety of the U.S.
blood supply.
The agreement encourages the FDA to fund Pediatric Device
Consortia Grants at the authorized level in fiscal year 2023.
The agreement is concerned that imported human food
continues to have significantly higher pesticide violation
rates than domestically produced food. The agreement
encourages FDA to continue to partner with State inspection
services and increase use of emerging technologies as well as
treat products that are more likely to have pesticide
violations with special attention. In the fiscal year 2023
sampling plan, FDA is encouraged to increase sampling of
imported products noted in its 2019 supplemental analysis as
having higher rates of foreign violations compared to
domestic violations, consistent with FDA's risk-based
approach to sampling.
The agreement urges FDA to clarify the obligation of
prescription drug and biological product sponsors with
respect to promotional activities.
[[Page S7832]]
The agreement supports FDA's work to promote the domestic
manufacturing of drug and biological products and urges the
agency to increase efforts to encourage the pharmaceutical
industry to adopt advanced manufacturing technologies that
have the potential to improve product quality.
The agreement encourages the FDA to increase funding for
research into Vibrio illnesses associated with the
consumption of raw molluscan shellfish, improve risk
assessment models, and develop improved rapid detection
methods for virulent Vibrio strains.
The agreement urges the FDA to expedite its ongoing work
with the lupus community to develop solutions to identified
barriers that will accelerate development of new therapies.
The food program's recent missteps and delayed actions
outlined in the Reagan-Udall Foundation report have revealed
the serious consequences of FDA continuing to operate with a
fragmented organizational structure and lack of
accountability. To better regulate food and improve the food
program, the agreement encourages the FDA to strongly
consider the report's recommendations and develop a
restructuring plan, that includes stakeholder engagement and
input, that establishes and unifies all capacities of the
food program.
The agreement notes that the final rule for ``Yogurt
Standards of Identity'' has been published and urges the FDA
to promptly consider any application for a Temporary
Marketing Permit on these issues.
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 AGENCY
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation of $88,500,000 on
administrative expenses of the Farm Credit Administration.
The agreement recognizes the growing interest for U.S. hemp
and hemp-based products for a variety of uses and directs FCA
to work with the institutions under its jurisdiction to
provide access to guaranteed loans for hemp producers and
businesses.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The bill includes language regarding motor
vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loan funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agriculture Management Assistance
program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses for the Farm Service
Agency.
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
electronically available information for prescribing
healthcare professionals.
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
nutrition programs.
Section 730.--The bill includes language regarding the Food
Safety and Inspection Service.
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 to carry out
section 7209 of Public Law 115-334.
Section 756.--The bill includes language related to
enforcement of the Animal Welfare Act.
Section 757.--The bill includes language related to cotton
classing activities.
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 language related to the
Federal Meat Inspection Act.
Section 762.--The bill provides funding for the Water Bank
program.
Section 763.--The bill includes language related to Food
and Drug Administration advice about eating fish.
Section 764.--The bill provides funding to carry out
section 2103 of Public Law 115-334.
Section 765.--The bill includes language related to
genetically engineered salmon.
Section 766.--The bill includes language related to per-
and polyfluoroalkyl substances.
Section 767.--The bill includes language related to Rural
Economic Area Partnership Zones.
Section 768.--The bill includes funding related to a
working group.
Section 769.--The bill provides funding for an Institute
for Rural Partnerships.
Section 770.--The bill includes language regarding the
Agricultural Credit Insurance Fund.
Section 771.--The bill includes language related to
administrative and operating expenses available for crop
insurance contracts.
Section 772.--The bill includes language regarding a study.
Section 773.--The bill includes language regarding foreign
landholding in the United States.
Section 774.--The bill includes language regarding a market
name.
Section 775.--The bill includes language regarding the
National Bio and Agro-Defense Facility.
Section 776.--The bill includes language regarding
Livestock Mandatory Reporting requirements.
Section 777.--The bill includes language renaming a
program.
Section 778.--The bill includes language regarding
eligibility of certain Rural Development projects.
Section 779.--The bill includes language regarding certain
balances.
Section 780.--The bill includes language regarding
availability of funds for certain Rural Development loans.
Section 781.--The bill includes language regarding certain
balances.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending
[[Page S7833]]
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.
[[Page S7834]]
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DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 117-
395 (``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 2023; and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2023. 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, 2023, 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 the date of
enactment of this act.
The Government Accountability Office (GAO) shall conduct
ongoing reviews of large National Aeronautics and Space
Administration (NASA) projects and major research equipment
and facilities construction at the National Science
Foundation, with reports to the Committees on a semiannual
basis. The agencies shall provide access to all necessary
data, as determined by GAO, in order for these reviews to be
completed and provided to the Committees in a timely manner.
The departments and agencies funded in this act are
directed to submit reports by the deadlines detailed herein
or to provide advance notification if there is sufficient
reason why deadlines cannot be met, along with the expected
date of submission.
Some enduring reporting requirements from previous
appropriations laws may no longer be necessary for
congressional oversight purposes. In the interest of reducing
government waste and expediting responses to current report
mandates, each department or agency is invited to submit a
list of reporting requirements that it considers outdated or
no longer relevant for the review of the Committees. Any list
submitted for review shall cite the original authority, as
well as a justification for eliminating each reporting
requirement.
For fiscal year 2023, 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 $625,000,000 in total resources for
the International Trade Administration (ITA). This amount is
offset by $12,000,000 in estimated fee collections, resulting
in a direct appropriation of $613,000,000.
For fiscal year 2023, ITA is directed to continue following
the directives under the heading ``General Data Protection
Regulation'' in the Senate Report 116-127 and adopted by
Public Law 116-93, as well as the directive in the joint
explanatory statement accompanying Public Law 117-103 on
``Quad Strategic Partnership.''
Global Markets.--The agreement directs ITA to continue to
follow the directives contained in the joint explanatory
statement accompanying Public Law 117-103 under the heading
``Global Markets'' for fiscal year 2023, and further directs
ITA to provide the Committees with a detailed spending plan
of the Global Markets funding described under that heading.
The spending plan shall include a staffing plan and a
justification for the establishment of any new office and
shall be submitted to the Committees no later than 180 days
after enactment of this act.
Trade Opportunities for Rural Businesses.--The agreement
provides no less than $1,500,000, an increase of $1,000,000
above the fiscal year 2022 enacted level, within Global
Markets to support rural export centers.
Antidumping and Countervailing Duties (AD/CVD) Evasion.--
ITA is directed to submit a report to the Committees, within
180 days of enactment of this act, outlining ITA's efforts to
counteract the use of third countries for transshipment by
state-backed industries and producers to evade U.S. AD/CVD
laws. Within that report, ITA is encouraged to identify
congressional actions that would be beneficial to
counteracting these actions.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The agreement includes $191,000,000 for the Bureau of
Industry and Security (BIS), an increase of $50,000,000 above
the fiscal year 2022 enacted level.
For fiscal year 2023, BIS is directed to continue following
the directives and reporting requirements in the joint
explanatory statement accompanying Public Law 116-260 on
``Export Control Regulatory Compliance Assistance'' and the
directives in the joint explanatory statement accompanying
Public Law 117-103 on ``Information and Communications
Technology and Services Supply Chain.'' Additionally, in
fiscal year 2023, BIS shall continue to provide the quarterly
report on section 232 exclusion requests as described in the
joint explanatory statement accompanying Public Law 116-6.
Enforcement of Russia Export Controls.--The agreement
continues its support for BIS's aggressive enforcement of
Russian and Belarussian export controls and other BIS efforts
to counter Russia's invasion of Ukraine. The agreement
recognizes that BIS received $22,100,000 for these efforts in
fiscal year 2022 in division N of Public Law 117-103. The
agreement supports the continuation of these efforts within
the funds provided.
Economic Development Administration
The agreement includes $498,000,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA).
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The agreement includes $430,000,000 for Economic
Development Assistance Programs (EDAP). EDA is expected to
coordinate with regional development organizations, business
incubators, colleges, public-private partnerships and state
and local governments and other stakeholders to address some
of the pressing issues that challenge economic development in
distressed communities across the country. As in prior years,
the agreement directs EDA to consider geographic equity in
making all award decisions and to ensure that rural projects
are adequately represented among those selected for funding.
Any deviation of funds shall be subject to the procedures set
forth in section 505 of this Act. Funds are to be distributed
as follows:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Public Works............................................... $121,500
Partnership Planning....................................... 36,000
Technical Assistance....................................... 14,000
Research and Evaluation.................................... 2,000
Trade Adjustment Assistance................................ 13,500
Economic Adjustment Assistance............................. 39,500
Assistance to Energy Transition Communities................ 69,000
Regional Innovation Program Grants......................... 50,000
Recompete Pilot Program.................................... 41,000
Regional Technology Innovation Hubs........................ 41,000
STEM Apprenticeship Program................................ 2,500
============
Total, Economic Development Assistance Programs.......... $430,000
------------------------------------------------------------------------
Outdoor Economy.--The agreement encourages EDA to consider
projects that support outdoor recreation when consistent with
a region's Comprehensive Economic Development Strategy, as
well as projects that promote innovation in communities and
regions that have been adversely impacted by changes in the
timber and pulp marketplaces and to support projects that
help these communities develop related industries, including
commercialization of new forest products using low-grade
wood.
Aeronautics.--The agreement encourages EDA to support
communities looking to expand the presence of aeronautics-
related industries.
Technical Assistance.--EDA is encouraged to identify and
provide technical assistance to eligible entities, consistent
with the NATIVE Act (Public Law 114-221).
Economic Adjustment Assistance.--EDA shall continue to
follow direction contained in the joint explanatory statement
accompanying division B of Public Law 116-260, in the
paragraph entitled ``Economic Adjustment Assistance.''
Assistance to Energy Transition Communities.--Within the
funds provided for Assistance to Energy Transition
Communities, the
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agreement provides $48,000,000 for assistance to coal
communities, and affirms the House language on this topic.
Also within Assistance to Energy Transition Communities, the
agreement provides $16,500,000 for assistance to nuclear
power plant closure communities and $4,500,000 for assistance
to biomass power plant closure communities.
Regional Innovation Program (RIP).--The agreement provides
$50,000,000 for RIP grants, also referred to as Build to
Scale (B2S). Of this amount, no less than $40,000,000 shall
be for the i6 Challenge and no less than $8,000,000 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. Within
funds provided for RIP, EDA shall award not less than 40
percent of grants to support rural communities. Additionally,
EDA is directed to provide in its fiscal year 2023 spending
plan a detailed justification for any funding that is
intended to be used to support a B2S Industry Challenge in
fiscal year 2023. EDA shall continue to ensure that RIP
awards go to multiple grantees in multiple and diverse
geographic areas, including an increased focus on
organizations and States, and regions within States, that
have not previously received funding from the program.
Furthermore, within funds provided for RIP, EDA shall award
not less than 40 percent of grants to support rural
communities.
Persistent Poverty.--The agreement retains the House
definition of the term ``high poverty area.'' In lieu of the
reporting requirement contained in the House report the
agreement directs the Department, in its fiscal year 2024
budget request, to provide to the Committees on
Appropriations a plan for developing and implementing
additional measures to increase the share of investments from
all EDA programs in persistent poverty counties, high-poverty
areas, and any other impoverished communities that EDA
determines to be appropriate areas to target. The agreement
also directs EDA to explain, in the case of any EDA program
for which at least 10 percent of the funds allocated in
fiscal year 2022 were not allocated to persistent poverty
counties, why such benchmark was unable to be met and what
steps are being taken to meet it in fiscal year 2023.
Coordinating Federal Resources.--The agreement encourages
EDA to improve collaboration with the Department of Housing
and Urban Development and the Department of Agriculture to
help local communities maximize Federal economic development
resources.
Program Duplication.--EDA is directed to continue its
efforts under the paragraph entitled ``Program Duplication''
in division B of the joint explanatory statement accompanying
Public Law 117-103.
SALARIES AND EXPENSES
The agreement includes $68,000,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The agreement includes $70,000,000 for the Minority
Business Development Agency (MBDA), an increase of
$15,000,000 above the fiscal year 2022 level. The increased
funding provided shall be used to cover the requested
adjustments to base costs, among other programmatic
increases. The agreement directs the agency to expedite its
efforts to fill all outstanding vacancies.
Further, House language regarding ``Native American
Business Development'' and ``Minority Serving Institutions
Entrepreneurship Pilot'' is modified to encourage MBDA to
provide up to $5,000,000 for the former and up to $3,000,000
for the latter.
Business Center and Specialty Project Center Programs.--The
House funding level for ``Business Center and Specialty
Project Center Programs'' is not adopted. Instead, the
agreement supports the goal of expanding the Business Center
and Specialty Projects Center programs to every state, as
well as expanding the level of service provided by new and
existing centers, as requested.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The agreement includes $130,000,000 for Economic and
Statistical Analysis (ESA).
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 2023, ESA
is directed to continue following the directives and
reporting requirements in the joint explanatory statement
accompanying Public Law 116-260 on ``Outdoor Recreation
Satellite Account.''
Commodity Checkoff Programs.--The Department is encouraged
to maximize the effectiveness of its concrete masonry
checkoff program by developing administrative remedies, where
practicable, to ensure program resources are fully utilized
for their intended purpose.
Bureau of the Census
The agreement includes $1,485,000,000 for the Bureau of the
Census (``Census Bureau'').
CURRENT SURVEYS AND PROGRAMS
The bill provides $330,000,000 for the Current Surveys and
Programs account. Within the funds provided, the agreement
supports the Current Population Survey.
PERIODIC CENSUSES AND PROGRAMS
The bill provides $1,155,000,000 in direct appropriations
for the Periodic Censuses and Programs account. For fiscal
year 2023, the Census Bureau is directed to continue
following the directives and reporting requirements in the
joint explanatory statement accompanying 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.''
Disclosure Avoidance.--The agreement directs the Census
Bureau to work closely with its advisory committees,
stakeholders representing public interests, and the data user
community to ensure the availability of useful data products,
especially for population groups in rural and remote areas,
while protecting the confidentiality of personal data. The
Census Bureau shall continue to consult regularly with data
users on disclosure avoidance methods under consideration for
all data products and programs.
Race and Ethnicity Data Accuracy.--The Census Bureau is
directed to provide a report to the Committees, no later than
180 days after enactment of this act, on its plan for
implementing updated race and ethnicity questions for its
surveys, including the American Community Survey and the 2030
Decennial Census, and whether the Census Bureau believes that
additional testing is necessary.
Ask U.S. Panel Survey.-- The Census Bureau is directed to
provide a report to the Committees, no later than 90 days
following enactment of this act, on the Ask U.S. Panel
Survey's methodology, data collection processes,
implementation, incurred and projected costs, procurement
strategy, and plans to address any recommendations made by
the Inspector General.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The agreement includes $62,000,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA). 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, 2023, detailing the collection of reimbursements from
other agencies.
Office of Internet Connectivity and Growth.--As programs
associated with the Broadband Equity, Access, and Deployment
(BEAD) program are implemented, NTIA is directed to capture
in its annual Access Broadband report the amount of funds
previously invested by agencies over the past decade for
broadband program implementation, as well as the efforts of
States to deploy broadband technologies and the outcomes
associated with the significant investment through BEAD in
providing unserved and underserved areas access to broadband.
Broadband Investments under the Infrastructure Investment
and Jobs Act (IIJA).--Under Public Law 117-58, the NTIA will
distribute $42,500,000,000 to build broadband infrastructure
in unserved and underserved areas. However, NTIA must rely on
the Federal Communications Commission (FCC) for the updated
maps to determine how to apply the formula that will
distribute the majority of the IIJA broadband funds to States
to address accessibility. The FCC unveiled a pre-production
draft of the new broadband maps on November 18, 2022. In
light of this development, the agreement encourages NTIA to
prepare each State so that it can rapidly deploy the funding
provided by Public Law 117-58 once the maps are completed and
State deployment plans are approved, and directs NTIA to
submit a report to the Committees, no later than 60 days
after the date of enactment of this act, detailing the steps
it has taken to coordinate with States to prepare for funding
distribution and how NTIA interacts with the FCC to carry out
its responsibilities to implement the Deployment Locations
Map pursuant to section 60105 of Public Law 117-58.
Rural Broadband Coordination.--The agreement continues
prior year direction to NTIA to coordinate with other related
Federal agencies, as well as the rural communications
industry, to identify and pursue ways to continue sustainable
broadband deployment and adoption, and to ensure that
policies tied to one Federal program do not undermine the
objectives and functionality of another.
911 Training Grants.--The House direction regarding ``911
Training Grants'' is adopted with the clarification that the
plan is encouraged to be included in future budget requests.
Spectrum Management for Science.--The agreement encourages
NTIA, in coordination with the FCC and other appropriate
stakeholders, to preserve spectrum access for scientific
purposes as commercial use of radio spectrum increases.
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 to provide
annual updates on the progress in making 500 MHz of spectrum
available for commercial mobile use, including the strategy
for freeing up additional spectrum from Federal agencies.
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
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to information technology professionals from developing
countries.
Tribal Broadband Connectivity Program.--The agreement
directs NTIA to continue engaging with eligible entities of
the Tribal Broadband Connectivity Program to ensure the full
potential of the investments made in IIJA and the
Consolidated Appropriations Act, 2021 (Public Law 116-260) in
these communities is realized.
PUBLIC WIRELESS SUPPLY CHAIN INNOVATION FUND
Section 9202(a)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4652(a)(1)) established the Public Wireless Supply
Chain Innovation Fund. The agreement allocates the funds
according to the amounts listed in the following table.
DEPARTMENT OF COMMERCE ALLOCATION OF NATIONAL TELECOMMUNICATIONS AND
INFORMATION ADMINISTRATION FUNDS: CHIPS ACT FISCAL YEAR 2023
(in thousands of dollars)
------------------------------------------------------------------------
Account--Project and Activity Amount
------------------------------------------------------------------------
Public Wireless Supply Chain Innovation Fund............... $1,1330,000
Administrative Expenses.................................. (67,500)
============
Office of the Inspector General, Salaries and Expenses..... 20,000
Total.................................................... $1,350,000
------------------------------------------------------------------------
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)
$4,253,404,000, to be derived from offsetting fee collections
estimated for fiscal year 2023 by the Congressional Budget
Office.
For fiscal year 2023, USPTO is directed to continue
following the directives and reporting requirements in the
joint explanatory statement accompanying Public Law 117-103
on ``Intellectual Property Attaches'' as well as the
directive included in Senate Report 116-127 and adopted by
Public Law 116-93 under the heading ``Intellectual Property
Theft.''
National Institute of Standards and Technology
The agreement includes $1,627,285,000 for the National
Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $953,000,000 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 increases above the fiscal year 2022
enacted level of up to: (1) $2,000,000 for Supporting the
American Bioeconomy; (2) $5,000,000 for NIST Center for
Neutron Research Controls and Corrective Actions; (3)
$2,000,000 for the iEdison System; (4) $2,500,000 for NIST's
Diversity, Equity, and Inclusion initiatives; (5) $5,000,000
for Measurement Service Modernization; and (6) $8,000,000 for
Standards for Critical and Emerging Technologies. The
agreement also provides no less than the fiscal year 2022
enacted level for Disaster Resilience Research Grants. In
addition, the agreement adopts House direction on ``Quantum
Information Science'' and provides no less than $54,000,000
for these activities.
Climate and Energy Measurement, Tools, and Testbeds.--The
agreement includes an increase of no less than $11,500,000
above the fiscal year 2022 enacted level to support the
request for Climate and Energy Measurement, Tools, and
Testbeds. Within these funds, the agreement includes an
increase of $1,500,000 above the fiscal year 2022 enacted
level to expand NIST's research on direct air capture and
carbon dioxide removal and sequestration, including to
develop standard reference materials and standard testing
procedures for direct air capture and to support carbonate
materials development, testing, and certification for
construction markets.
In addition, within the funding provided, the agreement
provides $4,000,000 for the establishment of a NIST Center of
Excellence in climate change measurement. The center will
establish national standards and measurements for tracking
climate change and its impact. The center shall be
established in a State with existing requirements to reduce
greenhouse gases and track climate impacts. The institution
shall have established partnerships with national climate
offices, as well as with an established State Climate Office,
and shall have experience conducting comprehensive state
climate assessments. Further, NIST is encouraged to consider
an institution with an existing interdisciplinary research
institute that establishes and coordinates research teams
that integrate data from physical, biological, and social
sciences for the purposes of synthesizing climate data. NIST
is encouraged to partner with an institution that does not
currently have a Center of Excellence.
Forward-Looking Building Standards.--Within funds for
Climate and Energy Measurement, Tools, and Testbeds, the
agreement provides not less than $3,000,000 to continue the
work on ``Forward-Looking Building Standards'' as directed in
the joint explanatory statement accompanying Public Law 117-
103. Further, NIST shall provide technical assistance to
standards developing organizations regarding use of the
identified forward-looking information.
Greenhouse Gas Program and Urban Dome Initiative.--The
agreement adopts House language regarding the ``Greenhouse
Gas Program and Urban Dome Initiative'' and includes up to
$15,000,000 to continue and expand sensor network deployments
and other related activities.
Wildfires and the Wildland-Urban Interface.--The agreement
adopts House direction on ``Wildfires and the Wildland-Urban
Interface'' and, within funding for Climate and Energy
Measurement, Tools, and Testbeds, provides an increase of up
to $1,500,000 above the fiscal year 2022 enacted level for
this purpose.
Public Health Risk to First Responders.--The agreement
includes $3,000,000 for NIST to complete 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, as authorized by the Guaranteeing Equipment
Safety for Firefighters Act of 2020 (Public Law 116-283). By
the end of fiscal year 2023, NIST shall provide the
Committees with the final report required under Public Law
116-283 including the major study findings and
recommendations on what additional research or technical
improvements should be pursued to avoid unnecessary
occupational exposure among firefighters to PFAS through
personal protective equipment or related components. The
report should include a comparison to recent peer-reviewed
studies, including those published after 2020.
Artificial Intelligence (AI).--The agreement provides an
increase of no less than $4,000,000 above the fiscal year
2022 enacted level 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
the funding provided, the agreement encourages NIST to
continue to meet growing demand for the Facial Recognition
Vendor Test and to improve the test consistent with prior
year direction adopted in Public Law 117-103.
Algorithmic Bias.--House direction regarding ``Algorithmic
Bias'' is adopted.
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 and shall provide the
Committees with an update on its progress as soon as is
practicable.
Cybersecurity.--The agreement adopts House direction on
``Cybersecurity'' and provides an increase of no less than
$7,500,000 above the fiscal year 2022 enacted level for these
activities, including the National Cybersecurity Center of
Excellence (NCCoE). NIST is further directed to support the
National Initiative for Cybersecurity Education (NICE)
Regional Alliances and Multi-stakeholder Partnerships to
Stimulate (RAMPS) Cybersecurity and Workforce Development
program as authorized in the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
In addition, NIST is encouraged 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 partnership with the private sector, in accordance
with Executive Order 14028. NIST is also encouraged to reduce
the backlog at the Cryptographic Module Validation Program.
Cybersecurity and Privacy.--The agreement adopts House
direction for ``Cybersecurity and Privacy'' and, from within
funding for Cybersecurity, provides an increase of up to
$2,000,000 above the fiscal year 2022 enacted level to
address the cybersecurity issues facing industrial control
systems devices procured by the Federal government.
Cybersecurity of Genomic Data.--The agreement provides up
to $4,500,000 for NIST and the 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 that 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 $22,000,000, an
increase of $1,500,000 above the fiscal year 2022 enacted
level, for forensic science research. This includes no less
than $3,500,000 to support the Organization of Scientific
Area Committees and no less than $1,500,000 to support
technical merit evaluations. In addition, NIST is directed to
report to the Committees whether Federal support is necessary
for Standards Development Organizations in order to further
advance the use of forensic standards.
Circular Economy.--The agreement supports NIST's work on
the circular economy and provides an increase of no less than
$1,500,000 above the fiscal year 2022 enacted level for these
activities with plastics and other materials in the supply
chain. Of this amount, up to $1,000,000 is 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
2022 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 consistent with prior
year direction adopted in Public Law 117-103.
[[Page S7901]]
Composites.--NIST is encouraged to develop new composite
technologies to solve problems in the manufacturing space and
related materials industries consistent with prior year
direction adopted in Public Law 117-103.
Regenerative Medicine Standards.--The agreement provides
$3,000,000 for NIST and the Standards Coordinating Body to
continue to develop comprehensive standards for the
development and evaluation of regenerative medicine products
to fulfill the regenerative medicine standards provisions
enacted under the 21st Century Cures Act (Public Law 114-
255). In addition, the agreement provides up to $1,500,000 to
support the development of curricula in partnership with
academic institutions and other stakeholders such as through
establishment of consortia for workforce training around the
use of regenerative medicine standards.
Pyrrhotite Testing and Mitigation.--The agreement adopts
the House language regarding ``Pyrrhotite Testing and
Mitigation'' and provides not less than $750,000 for NIST to
continue this work. NIST is also directed to investigate
mitigation strategies for concrete structures that may not
yet have developed cracking but contain pyrrhotite.
Additionally, $4,000,000 is provided for similar work through
NIST Community Project Funding/NIST External Projects.
Graphene Research and Commercialization.--The agreement
provides up to the fiscal year 2022 enacted level for NIST to
fund and pursue graphene research activities with
industry and academic institutions that have expertise,
existing capabilities, and infrastructure related to the
commercial application of graphene.
Robotics Training Center.--The agreement provides up to
$2,000,000 for NIST to establish a robotic training center in
partnership with an academic institution that has expertise
in robotics and automation in the manufacturing sector.
Unmanned Aerial Vehicle (UAV) Challenges and
Credentialing.--The agreement provides no less than the
fiscal year 2022 enacted level for NIST's UAV research
challenges and credentialing program. Within the funding
provided, NIST shall continue to partner with academic
institutions to execute UAV prize-based challenges and to
establish the measurements and standards infrastructure
necessary for credentialing remote pilots.
Malcolm Baldrige Performance Excellence Program.--The
agreement provides $2,700,000 for the Malcolm Baldrige
Performance Excellence Program and encourages the program to
build more partnerships and self-assessment tools to help
organizations with their cybersecurity risk management.
Emerging Industries.--NIST is encouraged to support
emerging industries, including cross-laminated timber.
NIST STRS Community Project Funding/NIST External
Projects.--The recommendation includes $62,532,000 for NIST
STRS Community Project Funding/NIST External Projects as
detailed in the table below. NIST shall provide the amounts
listed in the table and shall perform the same level of
oversight and due diligence as with any other external
partners.
[[Page S7902]]
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[[Page S7903]]
[GRAPHIC] [TIFF OMITTED] T9060B.002
[[Page S7904]]
INDUSTRIAL TECHNOLOGY SERVICES
The agreement includes $212,000,000 for Industrial
Technology Services (ITS), including $175,000,000 for the
Hollings Manufacturing Extension Partnership (MEP), an
increase of $17,000,000 above the fiscal year 2022 enacted
level, to respond to the critical national needs of small-
and medium-sized enterprises, including by increasing the
number of enterprises that the program assists. The agreement
modifies House language on ``MEP Supply Chain Database'' to
encourage NIST to support these activities from within
available funds.
The agreement also provides $37,000,000 for the
Manufacturing USA Program, an increase of $20,500,000 above
the fiscal year 2022 enacted level. Within the funds
identified for Manufacturing USA, the agreement provides:
$20,000,000 to support a new NIST-funded institute, which
shall be broadly competed, and solicit applications from all
focus areas codified in section 1741 of Public Law 116-92; at
least $10,000,000 to support the existing NIST-funded
institute; and up to $1,500,000 to support the Food and Drug
Administration's participation in biomanufacturing innovation
institutes.
Biomanufacturing Capacity.--Within 120 days of enactment of
this act, NIST shall submit a report to the Committees on:
(1) the current biomanufacturing capacity in the United
States; (2) the gaps in biomanufacturing infrastructure; (3)
an assessment of appropriate sites for placement of future
domestic biomanufacturing facilities, including in rural
areas; and (4) related assets and opportunities as
appropriate, such as intellectual property, talent, and
technology maturation lost to other countries over the last 5
years.
CONSTRUCTION OF RESEARCH FACILITIES
The agreement provides $462,285,000 for NIST construction,
an increase of $256,722,000 above the fiscal year 2022
enacted level. Of this amount, no less than $130,000,000 is
provided for Safety, Capacity, Maintenance, and Major Repairs
(SCMMR) to address the growing backlog of facilities
maintenance and improvements. NIST shall provide quarterly
updates to Congress on the projects funded within this
account, to include milestones and total amount of funding
necessary for completion, as well as an annual report on the
state of NIST facilities and the current maintenance backlog.
NIST Construction Community Project Funding/NIST Extramural
Construction.--The recommendation includes $332,285,000 for
NIST Construction Community Project Funding/NIST Extramural
Construction as detailed in the table below. NIST shall
provide the amounts listed in the table and shall further
perform the same level of due diligence as with any other
external partners.
[[Page S7905]]
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[[Page S7906]]
[GRAPHIC] [TIFF OMITTED] T9060B.004
[[Page S7907]]
CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS (CHIPS) FOR
AMERICA FUND
Division A of Public Law 117-167 established the CHIPS for
America Fund. The agreement allocates the funds according to
the amounts listed in the following table.
DEPARTMENT OF COMMERCE ALLOCATION OF NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY FUNDS: CHIPS ACT FISCAL YEAR 2023
(in thousands of dollars)
------------------------------------------------------------------------
Account--Project and Activity Amount
------------------------------------------------------------------------
Section 9902:
Creating Helpful Incentives to Produce Semiconductors $4,996,400
(CHIPS) for America Fund................................
Administrative Expenses................................ (96,400)
Office of Inspector General, Salaries and Expenses....... 3,600
------------
Total, Section 9902.................................... 5,000,000
============
Section 9906
Industrial Technology Services........................... 1,860,000
Research Acquisitions and Management................... (1,323,000)
Advanced Packaging Manufacturing Program............... (490,000)
Manufacturing USA Institute............................ (47,000)
Scientific and Technology Research & Services............ 138,600
NIST Metrology Program................................. (100,000)
Administrative Expenses................................ (38,600)
Office of Inspector General, Salaries and Expenses....... 1,400
------------
Total, Section 9906.................................... 2,000,000
============
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration
Climate Ready Nation.--The agreement adopts the direction
under the heading ``Climate Ready Nation'' in the House
report, but provides alternate funding levels along with
supplementary direction. The agreement supports the
designation of a new position within Mission Support
Executive Leadership as directed in the House report and
provides an increase of up to $500,000 above the fiscal year
2022 enacted level. As part of this work, within the Office
of Oceanic and Atmospheric Research (OAR) Climate
Laboratories and Cooperative Institutes, the agreement
provides $6,500,000 for Climate Change Projections out to
2050 to Inform Risk Management, including $4,000,000 in
support of the Water in the West Initiative.
Fire Weather.--The agreement adopts House direction
regarding ``Fire Weather'' and provides an increase of
$7,000,000 above the fiscal year 2022 enacted level for these
initiatives across NOAA. Within these funds, $4,000,000 is
provided in OAR U.S. Weather Research Program to develop a
collaborative and integrated fire weather research program,
including the establishment of a new NOAA Fire Weather
Testbed. Further, within these funds, $3,000,000 is provided
within the National Weather Service (NWS) as follows:
$750,000 in Central Processing; $500,000 in Analyze,
Forecast, and Support; $500,000 in Dissemination; and
$1,250,000 in Science and Technology Integration.
Water in the West Initiative.--The agreement adopts the
House direction under the heading ``Water in the West
Initiative'' and provides no less than $12,213,000 within OAR
for this work, including $8,213,000 in Climate Competitive
Research and $4,000,000 in Climate Laboratories and
Cooperative Institutes. Additionally, up to $1,500,000 is
provided for the National Centers for Environmental
Information for data stewardship and other activities related
to this initiative. Further, within the increase provided to
Research Supercomputing, the Water in the West Initiative
shall be prioritized for the allocation of compute resources.
Subseasonal to Seasonal (S2S) Weather Prediction.--The
agreement provides $12,100,000 across NOAA line offices for
its efforts to improve S2S Weather Prediction. This includes
$5,000,000 in NWS Science and Technology Integration for the
development of the Seasonal Forecast System and $7,100,000
for the S2S research program in the OAR U.S. Weather Research
Program, including $1,000,000 to seed innovative research
testbeds. As part of these efforts, NOAA is encouraged to
pursue a pilot project for S2S precipitation forecasts for
water management in the western United States. The pilot
project should be carried out in coordination with NWS and
should be focused on achieving measurable objectives for
operational forecast improvement, including forecasts of
seasonal mountain snowpack accumulation and total seasonal
precipitation. The S2S work should be integrated, as much as
is practicable, with the Water in the West Initiative and
Fire Weather.
Healthy Ocean Collaborations.--NOAA is encouraged to pursue
collaborations with academic institutions located in close
proximity to the agency's Disaster Response Center and
seafood safety labs to advance education, training,
recruitment, and research efforts.
National Science Foundation (NSF) Geodetic and Seismic
Networks.--NOAA is encouraged to negotiate a memorandum of
understanding or another funding agreement with the NSF to
support the long-term operation and recapitalization of the
Network of the Americas system important to the agency's
geodetic work and the NSF seismic systems relevant to the
agency's tsunami warning mission.
Adjustments to Base (ATB).--The increased funding provided
shall be used to cover the requested ATB costs, across all
NOAA line offices, among other programmatic increases
highlighted herein.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$4,910,898,000 under this account, including $42,000,000
provided in division N, for NOAA's coastal, fisheries,
marine, weather, satellite, and other programs. This total
funding level includes $4,542,997,000 in direct
appropriations, a transfer of $344,901,000 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).--$679,422,000 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................. $184,702
Hydrographic Survey Priorities/Contracts................. 32,500
IOOS Regional Observations............................... 42,500
------------
Navigation, Observations and Positioning:.................. 259,702
============
Coastal Science and Assessment:
Coastal Science, Assessment, Response and Restoration.... 96,500
Competitive Research..................................... 22,500
------------
Coastal Science and Assessment............................. 119,000
============
Ocean and Coastal Management and Services:
Coastal Zone Management and Services..................... 51,220
Coastal Zone Management Grants........................... 81,500
National Oceans and Coastal Security Fund................ 34,000
Coral Reef Program....................................... 33,500
National Estuarine Research Reserve System............... 32,500
Sanctuaries and Marine Protected Areas................... 68,000
------------
Ocean and Coastal Management and Services.................. 300,720
============
Total, National Ocean Service, Operations, Research, $679,422
and Facilities........................................
------------------------------------------------------------------------
Navigation Response Teams.--The agreement provides full
operational funding for NOAA's Navigation Response Teams
within Navigation, Observations and Positioning.
Physical Oceanographic Real-Time System (PORTS) Program.--
The agreement provides no less than the fiscal year 2022
enacted level for PORTS.
Geospatial Modeling Grants.--The agreement provides
$8,000,000 for the Geospatial Modeling Grants program for
which all funding shall be distributed externally.
NOAA Center of Excellence for Operational Ocean and Great
Lakes Mapping.--The agreement provides $10,000,000 for a NOAA
Center of Excellence for Operational Ocean and Great Lakes
Mapping. Working in unison with and leveraging existing
capabilities, including the Joint Hydrographic Center, the
Center shall work across NOAA line offices, including NOS,
OAR, and the Office of Marine and Aviation Operations (OMAO),
to support and grow the Nation's deep water, shallow water,
and coastal mapping capabilities and data holdings, in
partnership with industry. In particular, the Center shall
serve as: (1) a focal point for activities transitioning
developments in mapping platforms, sensors, and concepts of
operations into operations; (2) a focal point for applied
training for mapping and surveying operations, to grow and
diversify the pool of well-qualified talent in this expanding
field; (3) an agency-wide capability to provide technical
support for ocean mapping technologies to operators in the
field on an increasingly diverse set of platforms; and (4) a
mechanism to leverage public-private partnerships in
advancing the Nation's ocean and Great Lakes mapping goals.
Hydrographic Research and Technology Development.--The
agreement provides no less than the fiscal year 2022 enacted
level for the Joint Hydrographic Center and $2,000,000 for
NOAA to continue supporting joint ocean and coastal mapping
centers in other areas of the country.
Ocean Mapping and Coastal Charting.--The agreement provides
no less than the fiscal year 2022 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 Strategy for
Mapping the Arctic and Sub-Arctic Shoreline and Nearshore of
Alaska consistent with prior year direction adopted in Public
Law 117-103.
Hydrographic Surveys and Contracts.--For fiscal year 2023,
NOS shall follow prior year direction adopted in Public Law
117-103, on the following topics: ``Hydrographic Surveys and
Contracts'' and ``Hydrographic Charting in the Arctic.''
National Water Level Observation Network (NWLON).--The
House funding level for the NWLON is not adopted. No later
than 180 days after enactment of this act, NOS is directed to
provide the Committees with a report about the status of the
system including the maintenance backlog and future needs to
inform climate resilience efforts, including cost estimates.
Integrated Ocean Observing System (IOOS).--The agreement
provides $42,500,000 for IOOS to recapitalize and expand
observing system infrastructure based upon the highest
priority needs of each region to support disaster response,
weather forecasting and hurricane prediction, forecasting of
freshwater and marine water quality, detection of harmful
algal blooms (HABs), and safe maritime operations. This may
include buoys, high frequency radar, and underwater profiling
gliders. IOOS regional associations are encouraged to
consider leveraging existing capabilities of the commercial
sector, including uncrewed systems, to meet observational
needs through commercial data buys. The agreement provides
not less than $3,000,000 to continue and expand the IOOS HAB
pilot programs initiated in fiscal year 2020 and to support
the existing HAB monitoring and detection test bed.
[[Page S7908]]
Coastal Science, Assessment, Response and Restoration.--The
agreement provides no less than the fiscal year 2022 enacted
level for operations and staffing of the Gulf of Mexico
Disaster Response Center. Additionally, the agreement
includes $1,000,000 above the fiscal year 2022 enacted level
for the Disaster Preparedness Program.
Harmful Algal Blooms.--The agreement provides $22,500,000
for Competitive Research, including not less than $14,000,000
for HABs research, including within the Great Lakes
ecosystem, and adopts House direction for these funds. From
within this funding, $2,000,000 is provided to explore
innovative methods to increase monitoring and detection of
HABs in freshwater systems by partnering with academic
institutions with expertise in unmanned aircraft systems. In
addition, NOAA is encouraged to fund long-term HAB research
in the Gulf of Mexico that further develops ongoing
partnerships involving academic institutions, the private
sector, and State governments. Further, House language is
modified to provide up to $1,000,000 to expand both existing
and new program support for States to assess domoic acid
levels of HAB species in the marine environment.
Improving Coastal Resilience.--Within the funding for
Competitive Research, NOAA is encouraged to provide
information and predictive capabilities to coastal
communities, especially those with underserved populations,
and to encourage natural-based solutions to address coastal
hazards like sea level rise, flooding, and inundation.
Red Tide.--House language regarding ``Red Tide'' events is
modified to encourage NOAA to undertake this research within
funds provided.
National Centers for Coastal Ocean Science (NCCOS).--The
agreement provides $1,000,000 for NCCOS's continued
collaboration on research priorities with NOAA's Cooperative
Institute for Research to Operations in Hydrology (CIROH).
In addition, the agreement provides $2,500,000 above the
fiscal year 2022 enacted level within Coastal Science,
Assessment, Response and Restoration to support social and
ecological science to plan and site offshore wind.
Marine Debris.--The agreement provides an increase of
$500,000 above the fiscal year 2022 enacted level for Marine
Debris. NOAA is directed to support competitive extramural
funding programs and the programs authorized in the Save Our
Seas 2.0 Act (Public Law 116-224).
Sea Level Rise and Coastal Resilience.--House language on
``Sea Level Rise and Coastal Resilience'' is adopted in
support of the Climate Ready Nation initiative. For this
work, and for Data Development and Products and Services for
Coastal Resilience, Coastal Hazards, and Climate Adaptation,
the agreement provides an increase of $2,500,000 above the
fiscal year 2022 enacted level, including $1,500,000 in
Coastal Science, Assessment, Response and Restoration and
$1,000,000 in Coastal Zone Management and Services.
Digital Coast.--The agreement provides $3,500,000 for the
implementation of the Digital Coast Act (Public Law 116-223).
Integrated Water Prediction (IWP).--The agreement provides
no less than the fiscal year 2022 enacted level for NOS to
continue to collaborate on the development and operation of
the IWP program with NWS.
Coral Reef Program.--The agreement provides $33,500,000 for
the Coral Reef Program, including not less than the fiscal
year 2022 enacted level for NOS to work with academic
institutions and non-governmental research organizations to
carry out innovative restoration projects to restore degraded
coral reefs. NOAA is encouraged to expand its collaborative
work with external academic partners that conduct scientific
research for the conservation of corals and coral reef
ecosystems, including those that are experiencing an
increasing prevalence of disease outbreaks. Restoration
projects should utilize genetic strains that demonstrate
enhanced resiliency to increased water temperatures,
decreased pH, and coral disease, and include designs for
multiyear monitoring to assess survival and ecosystem health.
In addition, through NOAA Community Project Funding/NOAA
Special Projects, the agreement provides $6,142,000 for coral
research and restoration.
Sanctuaries and Marine Protected Areas.--The agreement
provides $68,000,000 for Sanctuaries and Marine Protected
Areas, which is $7,000,000 above the fiscal year 2022 enacted
level. House language on ``Sanctuaries and Marine Protected
Areas'' is adopted and within the increased funding provided,
NOS shall continue to support ongoing sanctuary designation
processes and is encouraged to commence designations of new
sites, in particular within the Great Lakes ecosystem.
Marine National Monuments.--Within funding provided for
Sanctuaries and Marine Protected Areas, up to $1,200,000 may
be used for competitive education, research, and management
grants for existing marine national monuments administered by
NOS.
National Marine Fisheries Service (NMFS).--$1,093,347,000
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........... $175,255
Species Recovery Grants.................................. 7,250
Atlantic Salmon.......................................... 6,750
Pacific Salmon........................................... 72,000
------------
Protected Resources Science and Management................. 261,255
============
Fisheries Science and Management:........................
Fisheries and Ecosystem Science Programs and Services.... 161,500
Fisheries Data Collections, Surveys, and Assessments..... 203,851
Observers and Training................................... 58,383
Fisheries Management Programs and Services............... 137,750
Aquaculture.............................................. 19,000
Salmon Management Activities............................. 65,250
Regional Councils and Fisheries Commissions.............. 44,297
Interjurisdictional Fisheries Grants..................... 3,377
------------
Fisheries Science and Management........................... 693,408
============
Enforcement................................................ 82,000
============
Habitat Conservation and Restoration....................... 56,684
============
Total, National Marine Fisheries Service, Operations, 1,093,347
Research and Facilities...............................
------------------------------------------------------------------------
For fiscal year 2023, NMFS shall follow prior year
direction and, if applicable, funding levels adopted by
Public Law 117-103 on the following topics: ``Promote and
Develop Fisheries Products and Research Funding Transfer,''
``NMFS Staffing,'' ``Electronic Monitoring and Reporting,''
``For-Hire Electronic Monitoring and Reporting
Implementation,'' ``American Lobster and Jonah Crab
Research,'' ``Plankton Recorder Survey,'' ``Cooperative
Research,'' ``International Fisheries Management
Coordination,'' ``North Pacific Observer Coverage,''
``Bycatch Reduction,'' ``Oyster Aquaculture, Research, and
Restoration,'' ``Chesapeake Bay Oyster Restoration,'' and
``Cooperative Agreements with States.'' Further, the
agreement provides no less than $4,500,000 for the John H.
Prescott Marine Mammal Rescue Assistance Grant Program and
also adopts House language on ``Foreign Fisheries'' and
provides $1,150,000 for this purpose.
Saltonstall-Kennedy (S-K) Grant Program.--NMFS is directed
to follow prior year direction adopted by Public Law 117-103
on ``S-K Grant Program.'' In addition, the required spending
plan should include an accounting of the administration of
the regional committees authorized under the American
Fisheries Advisory Committee Act (Public Law 117-121).
National Seafood Council.--No later than 180 days after
enactment of this act, NOAA shall provide the Committees with
a report detailing how the agency would facilitate a National
Seafood Council through the Fisheries Promotion Fund (16
U.S.C. 4008) to support a comprehensive, nationwide seafood
marketing and public education campaign. The report should
include an estimated cost of such a program and explanation
of how it would be different from the S-K Grant Program and
other existing NMFS programs.
Offshore Wind Energy.--The agreement provides a total of
$13,000,000 above the fiscal year 2022 enacted level across
NMFS to address consultation and permitting, stock
assessment, management, and protected resources needs related
to the expansion of offshore wind energy projects. Of this
amount, $1,500,000 is within Marine Mammals, Sea Turtles, and
Other Species; $3,000,000 is within Fisheries and Ecosystem
Science Programs and Services; $5,500,000 is within Fisheries
Data Collections, Surveys, and Assessments; and $3,000,000 is
within Fisheries Management Programs and Services.
Transition to Climate-Ready Fishery Management.--House
language on ``Transition to Climate-Ready Fishery
Management'' is modified 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 an
additional $2,000,000 above the fiscal year 2022 enacted
level for NMFS to address the backlog of consultation
requests under the Endangered Species Act (ESA) (Public Law
93-205) and authorization requests under the Marine Mammal
Protection Act (MMPA) (Public Law 92-522).
NMFS is directed, in collaboration with the U.S. Army Corps
of Engineers, to provide timely services to, and proactive
communication with, applicants for permits for in-water
construction, and to increase outreach to other relevant
stakeholders, including in the Pacific Northwest. NMFS shall
continue to provide updates to the Committees on a quarterly
basis on these issues.
North Atlantic Right Whales (NARW).--The agreement provides
$6,000,000 above the fiscal year 2022 enacted level for NARW-
related research, monitoring, enforcement, and conservation
efforts. The agreement notes the importance of increasing
NARW monitoring to better understand species abundance and
distribution. Therefore, within the increase provided, not
less than $3,000,000 shall be for monitoring efforts in the
Gulf of Maine, including for aerial surveys, vessel surveys,
passive acoustic monitoring, habitat and plankton monitoring,
habitat modeling, and whale tagging, in conjunction with
States and other relevant stakeholders. Such an effort could
support development of dynamic management strategies. In
addition, no less than $1,500,000 above the fiscal year 2022
enacted level shall be to support continued development of
innovative gear technology. Research should focus on real
world compatibility and commercialization issues such as gear
detection and conflict avoidance and lobster fishery gear
compliance and enforcement. Further, within additional
funding, NOAA is directed to collaborate with States and
other stakeholders to improve the Decision Support Tool to
merge multiple data
[[Page S7909]]
streams into a single model with standardized spatial and
temporal domains with a goal of reducing uncertainty.
Finally, NOAA shall continue to support disentanglement,
stranding response, and necropsy activities, and is
encouraged to develop long-term tagging methods.
In addition, the agreement provides $26,000,000 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 amount is $12,000,000
above the fiscal year 2022 enacted level. 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
NARW monitoring to inform State dynamic fisheries management,
innovative gear development, 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 related to gillnet and Atlantic mixed species trap/pot
fisheries. Funding to the States shall be proportional to the
number of active federally permitted lobster trap harvesters
in each State, and the allocation details shall be developed
by the States through the Atlantic States Marine Fisheries
Commission. Not more than five percent shall be used for
administrative costs.
The agreement notes that NOAA has been delinquent in
responding to an Information Quality Act (Public Law 106-554)
request dated June 7, 2021, for correction under section 515
of Public Law 106-554. The petitioner has been seeking the
correction of potential flaws in highly influential
scientific assessment that does not meet NOAA's Information
Quality Guidelines. NOAA is directed to respond to the merits
of the petition within 30 days of enactment of this act.
Further, NOAA is encouraged to consider revising the Linden
and Pace models and Decision Support Tool using ``most
reasonably certain to occur'' rather than ``worst case''
scenarios and assumptions and to incorporate whale behavior
and data from broader (and more representative) time periods
to more accurately predict future NARW populations before
issuing any new proposed or final regulations.
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. 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. NOAA is further encouraged to work with Canadian
and State fisheries officials to explore the possibility of
developing an agreement that provides for cooperative
fisheries management of the Gulf of Maine.
Southern Resident Killer Whales.--The agreement adopts
House language on ``Southern Resident Killer Whales'' and
provides an increase of $250,000 above the fiscal year 2022
enacted level.
Rice's Whale.--The House language on ``Rice's Whale'' is
modified to encourage this work within available funds.
Protected Species in the Western Pacific.--The agreement
provides not less than $750,000 above the fiscal year 2022
enacted level for Hawaiian monk seals, Hawaiian sea turtles,
and false killer whales. Of the additional funding, not less
than $375,000 shall be made available to support State
activities related to these protected species, and not less
$375,000 shall be used for additional research to mitigate
interactions between fisheries and false killer whales.
Sea Turtle Stranding Response and Rehabilitation.--The
agreement provides $500,000 for NOAA to provide support to
institutions and organizations permitted to provide sea
turtle stranding response and/or rehabilitation. In so doing,
NOAA shall also seek to leverage and strengthen partnerships
with capable university veterinary schools.
Sea Turtle Conservation.--Until a permanent rehabilitation
facility can be established in the Galveston area, NOAA shall
provide access for designated Houston Zoo employees to the
Galveston Sea Turtle Hospital and associated facilities.
Turtle Nesting Grounds in the Western Pacific.--No later
than one year after the date of enactment of this act, NOAA,
in coordination with the U.S. Fish and Wildlife Service,
shall submit a report identifying sea turtle nesting grounds
of concern in the central and western Pacific region and
recommending actions to restore and conserve critical
habitat.
Unusual Mortality Events (UME).--In lieu of House language
on the Marine Mammal UME Contingency Fund, NMFS is encouraged
to request funding for the Fund as part of the fiscal year
2024 budget request.
Atlantic Salmon.--NOAA is encouraged to partner with States
and the U.S. Fish and Wildlife Service to develop fish
passage performance standards for sea-run species and
prioritize project selection, funding, and staff resources
considering the benefits of restoring coevolved sea-run
species. NOAA is further directed to ensure that adequate
resources continue to be provided for State agencies to
implement the recovery strategy effectively, including to
ensure stable staffing levels.
Pacific Salmon.--The agreement provides $72,000,000 for
Pacific Salmon, which is $5,000,000 above the fiscal year
2022 enacted level. Within the funding for Pacific Salmon, no
less than $6,000,000, an increase of $1,000,000 above the
fiscal year 2022 enacted level, is to implement Hatchery and
Genetic Management Plans (HGMPs) and to continue to address
the backlog of HGMPs as directed in previous fiscal years. In
addition, no less than the fiscal year 2021 enacted level is
provided for pinniped removals.
Fisheries Surveys.--NMFS is directed to take the necessary
steps to ensure that historical levels of survey coverage are
achieved in fiscal year 2023, and the agreement provides an
additional $6,000,000 above the fiscal year 2022 enacted
level within Fisheries Data Collections, Surveys, and
Assessments for this purpose, including to support the
Climate-Ready Fisheries initiative. 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 the Southeast Area Monitoring and
Assessment Program's (SEAMAP) existing surveys and addresses
critical data gaps in the bottom longline and fall trawl
surveys in the Gulf Coast States and reef fish in the South
Atlantic region.
NOAA is encouraged to prioritize redundancy for survey
vessels through contracted vessels or data from autonomous
assets through the Autonomous Uncrewed Technology Operations
(AUTO) program. To the extent vessel-based science work is
needed for other programs, including bathymetry and coastal
mapping, if practicable, NOAA is encouraged to fulfill those
needs through private vessel contracts, public-private
partnerships, and platforms other than NOAA research vessels
to allow ample time for surveys and assessments performed by
the NOAA Fleet.
Fishery Data Modernization.--NMFS is encouraged to
implement the recommendations identified at the Fisheries
Information Management Modernization Workshop in 2019, in
particular a Cloud Data Science Platform, a NMFS-wide cloud-
based data science, management, and publishing platform.
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 117-103. 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, and to continue ongoing work on
implementing the recommendations set forth in the 2020 report
of the Groundfish Trawl Task Force consistent with prior year
direction. 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 Information Networks.--The agreement provides no
less than the fiscal year 2022 enacted level for Fisheries
Information Networks. NMFS is encouraged to support the Gulf
States Marine Fisheries Commission to collect samples for
additional species that may be the target of future stock
assessments.
Data Collection for Recreational Fisheries.--House language
on ``Data Collection for Recreational Fisheries'' is adopted.
In addition, NMFS is directed to work with the Gulf States to
develop a pilot study on a Gulf-wide recreational fishing
effort to determine the best mechanism to collect data of the
quality sufficient for management decisions through existing
technologies.
Fisheries Effort Survey (FES).--NMFS is encouraged to
conduct a thorough analysis of the effect of FES estimates on
stock status and allocation before they are used for stock
management.
South Atlantic Reef Fish.--NMFS shall follow prior year
direction adopted by Public Law 117-103 regarding ``South
Atlantic Reef Fish,'' and the agreement provides $1,800,000
for this purpose. NOAA is directed to follow the guidance of
the South Atlantic Fishery Management Council in identifying
the best research and data collection necessary to better
understand discard rates and mortality in the fishery.
Further, the agreement supports full integration of the South
Atlantic Great Red Snapper Count data into the next stock
assessment so that the South Atlantic Fishery Management
Council can appropriately use this new abundance data when
making management decisions regarding red snapper.
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
[[Page S7910]]
Data Collections, Surveys, and Assessments, not less than
$5,000,000 is for NMFS to continue to work with the Gulf
States to ensure successful implementation of State
management for red snapper. 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. NOAA
shall delay implementation of recalibration between
sectors until 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.
Gulf Reef Fish.--Within funding for Fisheries and Ecosystem
Science Programs and Services, the agreement provides no less
than the fiscal year 2022 enacted level for NMFS to support
Gulf reef fish surveys, research, and sampling.
Gulf of Mexico Fisheries Research.--NMFS is encouraged, via
a partnership with the Gulf States Marine Fisheries
Commission, to provide grants to academic partners, including
consortiums of universities, and other partners to conduct
fishery-independent research on trans-boundary, multi-
jurisdictional fish species in the Gulf of Mexico for which
current data is deficient (e.g., cobia, tripletail, tarpon,
and gray triggerfish), including species that are solely
managed by the Gulf States.
Gulf of Mexico Shrimp Fishing Effort.--Within funds for
Fisheries Data Collections, Surveys, and Assessments, the
agreement provides $850,000 for NMFS, 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.
Northwest Fisheries Ecosystem Monitoring System.--Within
funds for Fisheries Data Collections, Surveys, and
Assessments, the agreement provides $850,000 to maintain a
time-series monitoring system of hydrographic and ecological
data to inform fishery management on the Northern California
Current.
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 be included in the
fiscal year 2024 budget request. 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.
Observer Data Integration.--The agreement provides $500,000
within Fisheries Management Programs and Services to expedite
efforts to integrate At-Sea Monitoring data into stock
assessment models.
Electronic Vessel Trip Reporting (eVTR).--Within Fisheries
Management Programs and Services, the agreement provides
$250,000 to support improvement and expansion of the eVTR
program.
Fish Stock Movement.--No later than 180 days after
enactment of this act, NMFS shall report to the Committees
about potential options for States to exchange or trade quota
through fishery management councils as fish stocks expand and
shift due to climate change. The report should detail NMFS's
ability to intervene, under existing authority, in allocation
disputes, as well as recommendations for improved
coordination and transparent decision-making among councils,
including in cases where stocks have shifted into waters off
States that currently are not party to the relevant regional
fishery management council.
Harmful West Coast Large Mesh Drift Gillnets.--NMFS is
directed to consult with the Pacific Fishery Management
Council on a strategy to phase out the use of large mesh
driftnets and permit the use of alternative fishing methods
to increase the economic viability of the West Coast-based
swordfish fishery while minimizing bycatch to the maximum
extent possible.
Marine Aquaculture.--Within NMFS Aquaculture, the agreement
provides $700,000 above the fiscal year 2022 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.
In addition, the agreement provides no less than the fiscal
year 2022 enacted level to continue the multi-year Integrated
Multi-Trophic Aquaculture demonstration pilot system in State
waters of the Gulf of Mexico that was initiated in calendar
year 2021.
Review of Electronic Monitoring Data.--Within funding
provided for Fisheries Management Programs and Services, the
agreement provides $600,000 for the video review of the West
Coast groundfish electronic monitoring data.
Highly Migratory Species (HMS).--The agreement provides
$500,000 above the fiscal year 2022 enacted level for
research grants to improve science-based management of
domestic and international HMS in the Pacific regions and
encourages continued collaboration between Sea Grant and NMFS
for Atlantic, Pacific, and Gulf of Mexico HMS.
Salmon Management Activities.--The agreement provides
$41,000,000 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 117-103. Further,
NOAA is encouraged to minimize, to the extent practicable,
the amount of funds withheld for administrative expenses. The
agreement also provides not less than $23,500,000 for
Mitchell Act hatchery programs. NMFS is directed to continue
genetic stock identification for salmon recovery and
management.
Seafood Import Monitoring Program (SIMP).--House language
on ``Seafood Import Monitoring Program'' is adopted, and the
agreement provides an increase of $1,000,000 above the fiscal
year 2022 enacted level for SIMP, established under section
539 of Public Law 115-141. Effective implementation of SIMP
is necessary to enforce the ban on imports of Russian
seafood, which may be relabeled after foreign processing,
hiding its Russian origin.
Illegal, Unregulated, and Unreported (IUU) Fishing.--The
agreement modifies House language to provide no less than
$750,000 for NMFS 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,
and national security significance.
Northeast Lobster Enforcement.--The agreement provides not
less than $950,000 for NMFS, in partnership with the relevant
States, Joint Enforcement Agreement partner agencies, and the
Atlantic States Marine Fisheries Commission, to continue the
cooperative offshore lobster enforcement program.
Office of Oceanic and Atmospheric Research (OAR).--
$661,297,000 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.......... $104,102
Regional Climate Data and Information.................... 47,932
Climate Competitive Research............................. 72,116
------------
Climate Research........................................... 224,150
============
Weather and Air Chemistry Research:
Weather Laboratories and Cooperative Institute........... 93,156
U.S. Weather Research Program............................ 39,100
Tornado Severe Storm Research/Phased Array Radar......... 20,916
Joint Technology Transfer Initiative..................... 13,244
------------
Weather and Air Chemistry Research......................... 166,416
============
Ocean, Coastal, and Great Lakes Research:
Ocean Laboratories and Cooperative Institutes............ 39,500
National Sea Grant College Program....................... 80,000
Sea Grant Aquaculture Research........................... 14,000
Ocean Exploration and Research........................... 46,000
Integrated Ocean Acidification........................... 17,000
Sustained Ocean Observations and Monitoring.............. 52,500
National Oceanographic Partnership Program............... 2,500
------------
Ocean, Coastal, and Great Lakes Research................... 251,500
============
Innovative Research and Technology:
High Performance Computing Initiatives................... 18,231
Uncrewed Systems......................................... 1,000
------------
Innovative Research and Technology......................... 19,231
============
Total, Office of Oceanic and Atmospheric Research, $661,297
Operations, Research, and Facilities..................
------------------------------------------------------------------------
Climate Laboratories and Cooperative Institutes.--The
agreement provides an increase of $10,000,000 above the
fiscal year 2022 enacted level for global-nested high-
resolution models and sustained atmospheric observations,
including no less than $4,000,000 to support the Water in the
West Initiative.
Atmospheric Baseline Observatories (ABOs).--The House
language regarding ABOs is modified to provide an increase of
no less than $1,250,000 above the fiscal year 2022 enacted
level within Climate Laboratories and Cooperative Institutes.
The recent eruption of Mauna Loa highlights the vulnerability
of some ABOs and other Global Monitoring Laboratories as
noted in the joint explanatory statement accompanying Public
Law 117-103. Consistent with that direction, NOAA shall
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.
Earth's Radiation Budget.--In lieu of House language
regarding ``Earth's Radiation Budget,'' the agreement
provides $9,500,000 for continued modeling, scientific
studies, grant programs, and, as possible, observations and
monitoring of stratospheric conditions and the Earth's
radiation budget, including 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. OAR is also directed, in
coordination with NASA and the Department of Energy, as
appropriate, to continue 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 and to develop plans for sustained observations of
the stratosphere. Further, NOAA is encouraged to coordinate
with NASA for long-range manned
[[Page S7911]]
and autonomous in-situ atmospheric observational
capabilities.
NOAA, in coordination with NASA and other relevant Federal
agencies, shall develop a research agenda to manage near-term
climate hazard risk and coordinate research in climate
intervention. This work shall include establishing a research
governance framework to provide guidance on transparency,
engagement, risk management, and international research
collaboration for publicly funded work in solar
geoengineering research. Additionally, the research agenda
shall identify the capabilities needed to detect and identify
attempts at solar geoengineering by other State and non-State
actors. As part of this process, NOAA is encouraged to engage
with nongovernmental stakeholders.
Greenhouse Gas Emissions Detection Technologies.--The
agreement provides no less than $2,000,000 for a pilot
program of instrumentation for observing greenhouse gases and
other atmospheric factors deployed on commercial aircraft and
to support the evaluation of a sustained observing network
using such platforms. The pilot program should be in
cooperation with other Federal agencies, as relevant, and
should leverage the NWS's Aircraft-Based Observation Program,
as appropriate.
In addition, NOAA is encouraged to collaborate with current
and new partners to make use of commercial assets to monitor
methane emissions from satellites to pinpoint the source of
emissions at the individual facility level anywhere in the
world. NOAA is further directed to report to the Committees,
no later than 90 days after enactment of this act, on
progress made to engage with stakeholders such as members of
the Global Methane Initiative and the Special Presidential
Envoy for Climate on public-private partnerships to identify
and mitigate methane emissions.
Forward-Looking Climate Information and Services.--The
agreement reiterates direction from fiscal year 2022 adopted
by Public Law 117-103 that NOAA shall, as part of its larger
effort to expand the provision of climate information and
services, identify and support the utilization by NIST of an
authoritative set of climate information that emphasizes
forward-looking climate data and projections to be utilized
by NIST in their standard-setting process. These data shall
include long-term meteorological information that models
future extreme weather events, other environmental trends,
projections, and up-to-date observations, including mesoscale
meteorological information. Further, within funding provided
across NOAA, the agency shall build internal capacity to aid
both Federal and non-Federal bodies to develop standards,
building codes, voluntary standards, and other decision
support tools, as necessary, that take into account
increasingly extreme weather events and other climate change
challenges. In coordination with NIST, the Administrator, in
their capacity as the Federal Coordinator for Meteorology,
shall provide the Committees, not later than 180 days after
enactment of this act, a written assessment of priority
Federal agency needs for these data, including decision
support tools for infrastructure planning or to inform other
strategic or policy choices.
Resilience and Adaptation Cooperative Institute (CI).--The
agreement encourages NOAA to consider the establishment of a
CI for Coastal Resilience and Adaptation and to include such
a proposal as part of its fiscal year 2024 budget request.
Climate Adaptation Partnerships (CAPs).--The agreement
provides no less than $16,300,000 for CAPs and encourages
NOAA to ensure that CAP teams are managed, staffed, and based
at an institution located in the region served.
Tribal Drought Resilience Initiative.--The agreement
provides $500,000 to broaden drought prediction outreach to
Tribal communities through the National Integrated Drought
Information System (NIDIS) as authorized in the NIDIS Act of
2006 (Public Law 109-430).
National Integrated Heat Health Information System
(NIHHIS).--The agreement encourages OAR, through NIHHIS, to
study and raise awareness about the many impacts of extreme
heat and the factors that may affect the uneven distribution
of heat throughout a community. This may include enhancing
education and outreach activities with partners working on
aspects of reducing health risks of heat or supporting
regional pilots.
Precipitation Prediction Grand Challenge (PPGC).--The
agreement provides no less than $2,000,000 for the PPGC.
Marine Ecosystem Responses to Climate Change.--Within the
funds provided for Climate Competitive Research, OAR is
encouraged to fund improvements to ocean modeling systems and
to build a high-resolution regional ocean modeling and
prediction system that can inform climate-ready resource
management.
Tornado Research.--The agreement provides no less than
$11,000,000 for VORTEX-USA, including no less than
$10,500,000 for VORTEX-SE, an increase of $3,500,000 above
the fiscal year 2022 enacted level.
Advanced Quantitative Precipitation Information (AQPI)
System.--The agreement provides $900,000 within the U.S.
Weather Research Program for a regional radar array
demonstration project to enable better forecasting of extreme
West Coast precipitation events, like atmospheric rivers.
Light Detection and Ranging (LiDAR) Technology.--NOAA is
encouraged to develop, demonstrate, and commercialize
advanced, compact LiDAR systems uniquely tailored to near-
surface marine and atmospheric profiling from Uncrewed
Aircraft Systems (UAS) and mobile ground-based platforms.
Coastal Aquatic Invasive Species Mitigation Grant
Program.--The agreement modifies House language regarding the
``Coastal Aquatic Invasive Species Mitigation Grant
Program,'' to encourage NOAA to establish the program within
available funds.
Coastal Resilience.--House language under the heading ``Sea
Grant Coastal Resilience Pilot Project'' is modified as
follows. 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 applied research priorities in the
Gulf of Maine, Georges Bank, and southern New England.
Research should focus on informing management actions and
explore ecosystem changes that may influence the response of
the lobster resource and fishery, particularly in response to
recent NARW protection measures or potential fishery response
to measures under consideration for inclusion in the Atlantic
Large Whale Take Reduction Plan.
Young Fishermen's Development Act.--Within funding for the
Sea Grant program, the agreement provides up to $1,000,000
for training, education, outreach, and technical assistance
for young fishermen as authorized under the Young Fishermen's
Development Act (Public Law 116-289).
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.
Ocean Exploration.--The agreement provides $46,000,000 for
Ocean Exploration and Research, an increase of $2,590,000
above the fiscal year 2022 enacted level. Within the funding
provided, OAR is directed to accelerate efforts to map and
characterize the oceans, including by maximizing the amount
of funding provided for the Ocean Exploration CI and
supporting competitive awards for deep ocean research
combining seismic and acoustic methods. NOAA is also
encouraged to work with the Department of Education and other
relevant agencies to continue fundamental ocean exploration
in which open source data are collected for the oceanographic
community and private industries in real-time through
telepresence technology.
Integrated Ocean Acidification.--Within funding provided
for the Integrated Ocean Acidification program, NOAA shall
continue working with State, local, territorial, and Tribal
governments on ocean and coastal acidification research that
is used to complete the vulnerability assessments mandated by
the Federal Ocean Acidification Research and Monitoring Act
(Public Law 111-11).
National Oceanographic Partnership Program (NOPP).--Within
the funds provided for NOPP, NOAA is encouraged to work with
other appropriate Federal agencies and industry partners to
develop, test, and evaluate ocean-based carbon dioxide
removal technologies.
Ocean Noise.--NOAA is encouraged to work through NOPP to
expand the deployment of Federal and non-Federal observing
and data management systems capable of collecting
measurements of underwater sound in high-priority ocean and
coastal locations, and to develop and apply standardized
forms of measurements to assess sounds.
National Weather Service (NWS).--$1,247,393,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations........................................... $251,462
Central Processing..................................... 110,500
Analyze, Forecast and Support.......................... 589,500
Dissemination.......................................... 116,979
Science and Technology Integration..................... 178,952
================
Total, National Weather Service, Operations, $1,247,393
Research, and Facilities..........................
------------------------------------------------------------------------
NWS Staffing.--The agreement provides an increase of
$11,750,000 above the fiscal year 2022 enacted level to
address staffing requirements at NWS, including $10,500,000
in Analyze, Forecast, and Support (AFS) for staffing at
weather forecast offices to enhance NWS impact-based decision
support services (IDSS), to increase the number of trained
and qualified Incident Meteorologists (IMETs) for wildfires
and other extreme events, and to accelerate hiring at the
National Centers for Environmental Prediction (NCEP). The
remaining $1,250,000 is for NCEP hiring, with $750,000 in
Central Processing and $500,000 in Science and Technology
Integration (STI). Within all of these increases,
[[Page S7912]]
NWS is encouraged to provide IDSS support for products
generated by other line offices, as appropriate, such as
harmful algal bloom forecasts. For fiscal year 2023, NWS
shall follow prior year direction regarding ``NWS Staffing in
Alaska'' adopted in Public Law 117-103.
Observations.--The agreement provides an increase of
$500,000 above the fiscal year 2022 enacted level for the
Aircraft Based Observation Program and directs NWS to
coordinate with and leverage existing capabilities of the
National Mesonet Program (NMP) to increase the use and
deployment of commercial aviation-based atmospheric data,
with an emphasis on water vapor data for numerical weather
prediction improvement.
National Mesonet Program.--The agreement provides no less
than $24,700,000, an increase of $2,000,000 above the fiscal
year 2022 enacted level, for the continuation and expansion
of the NMP. Investments in the NMP going forward are
encouraged to sustain coverage of data types and areas now
included within the NMP, expand in situ and remote sensing
capabilities to provide weather measurements in high-risk
areas, such as vulnerable communities, and enhance coverage
by the NMP in non-contiguous States and Territories and other
data sparse areas. Prior to acquisition of such data, NOAA
shall assess the potential contribution of the data to
improve forecast model skill. Of the funds provided, up to
$900,000 may be used for Meteorological Assimilation Data
Ingest System activities, and up to $600,000 may be used for
costs associated with the National Mesonet Program Office. In
addition to the funding provided for operational expenses,
NOAA is encouraged to use authorities such as the
Intergovernmental Personnel Act (42 U.S.C. 4701, et seq.) in
order to ensure adequate staff support for this program.
In addition, through NOAA Community Project Funding/NOAA
Special Projects, the agreement provides $3,350,000 to expand
State mesonet programs.
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.
Space Weather.--Provides $1,750,000 for Space Weather
Research to Operations, including the development of a space
weather testbed, as part of NOAA's implementation of the
Promoting Research and Observations of Space Weather to
Improve the Forecasting of Tomorrow (PROSWIFT) Act (Public
Law 116-181). Of this amount, $500,000 is within Central
Processing and $1,250,000 is within STI.
National Data Buoy Center (NDBC).--The agreement adopts
direction included in Public Law 117-103 regarding the NDBC,
including the requirement to provide details in NOAA's fiscal
year 2023 spend plan. The agreement provides the requested
amount to maintain and service the Deep-ocean Assessment and
Reporting of Tsunamis (DART) Array, which provides tsunami
prediction capacity. NWS is directed to ensure that as a
result of the investment in the Infrastructure Investment and
Jobs Act (Public Law 117-58), all DART buoys in Alaska,
especially those in Prince William Sound and southeast
Alaska, are deployed and fully operational.
Tsunami Warning Program.--The agreement provides an
increase of no less than $500,000 above the fiscal year 2022
enacted level for the Tsunami Warning Program to increase
staffing and modernize technology. Within 180 days of the
date of enactment of this act, NOAA shall provide a plan and
cost estimates to the Committees to improve operational
capacity at its tsunami warning centers, including, at a
minimum: upgrades to ensure the compatibility of all computer
systems used by both centers, upgrades to ensure the
reliability and compatibility of both centers' dissemination
infrastructure, and plans for continuity of operations in the
event that one of the centers goes offline.
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 an increase of
$6,000,000 above the fiscal year 2022 enacted level to
optimize and upgrade the integrated dissemination program.
Weather Alerts.--House direction regarding ``Weather
Alerts'' is adopted.
Office of Water Prediction (OWP).--The agreement provides
no less than $38,500,000 for OWP, which receives funding
across multiple NWS budget lines, including a $2,000,000
increase above the enacted level within Dissemination.
Direction carried in previous fiscal years for NWS to
continue to expedite hiring within the National Water Center
(NWC) Water Prediction Operations Division is maintained. NWS
is encouraged to initiate Flood Inundation Mapping operations
through the NWC.
Hydrology and Water Resource Programs.--The agreement
provides $28,250,000 for NOAA to support CIROH, which is
$8,250,000 above the fiscal year 2022 enacted level. This
amount includes $24,250,000 from within STI, $1,000,000 from
within NOS Coastal Science Assessment, Response and
Restoration, and $3,000,000 from within OAR Competitive
Climate Research to support the broader Water in the West
Initiative. NOAA is encouraged to leverage the CI expertise
to help NOAA assess the most operationally relevant research.
Hurricane Forecast Improvement Project.--NOAA is directed
to continue the Hurricane Forecast Improvement Program
authorized by section 104 of the Weather Research and
Forecasting Innovation Act of 2017 (Public Law 115-25). No
later than 60 days after enactment of this act, NWS shall
brief the Committees on the status of the program, including
a plan and timeline for completion of any outstanding items.
Consumer Option for an Alternative System To Allocate
Losses (COASTAL) Act Implementation.--The agreement provides
no less than the fiscal year 2022 enacted level for the
development and implementation of the COASTAL Act (division
F, title II of Public Law 112-141). NOAA is directed to
continue to leverage existing Federal assets, expertise, and
partnerships in carrying out COASTAL Act activities.
National Environmental Satellite, Data and Information
Service (NESDIS).--$375,537,000 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............... $245,915
Produt Development, Readiness and Application............ 57,500
U.S. Group on Earth Observations......................... 750
------------
Environmental Satellite Observing Systems.................. 304,165
============
National Centers for Environmental Information............. 71,372
============
Total, National Environmental Satellite, Data and $375,537
Information Service, Operations, Research, and
Facilities............................................
------------------------------------------------------------------------
The agreement accepts the $56,090,000 in technical
transfers to the Office of Satellite and Product Operations;
Product Development, Readiness and Application; and the
National Centers for Environmental Information (NCEI)
proposed in the administration's budget request to move
operations funded within Polar Weather Satellites and Low
Earth Orbit from Procurement, Acquisition and Construction to
ORF.
Office of Satellite and Product Operations.--The agreement
provides $1,500,000 above the fiscal year 2022 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.
National Centers for Environmental Information.--The
agreement provides no less than $10,000,000 for Regional
Climate Services, including no less than $6,100,000 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). NCEI is encouraged to begin to develop
a Data Assembly Hub for uncrewed systems, in coordination
with the related project supported through a NOAA Community
Project Funding/NOAA Special Project.
Mission Support.--$413,760,000 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..................................... $31,743
Mission Services and Management.......................... 182,375
IT Security.............................................. 16,393
Payment to the DOC Working Capital FUnd.................. 71,299
Facilities Maintenance................................... 6,500
Office of Space Commerce................................. 70,000
------------
Mission Support Services................................... 378,310
============
Office of Education
BWET Regional Programs................................... 8,700
Jose E. Serrano Educational Partnership Program with 20,750
Minority Serving Institutions...........................
NOAA Education Program Base.............................. 6,000
------------
Office of Education........................................ 35,450
============
Total, Mission Support, Operations, Research, and $413,760
Facilities............................................
------------------------------------------------------------------------
Tribal Liaison.--The agreement provides $500,000 in
Executive Leadership for NOAA to increase staffing to
strengthen communications and outreach to Tribal governments,
Alaska Natives, and Native Hawaiians.
Mission Support Services.--The agreement supports the
following requests and encourages their implementation within
available funds: Acquisition and Grants Office, Facility
Program Capacity, Budget Position Management System, Finance
Transaction Processing, Spectrum, NOAA Open Data
Dissemination, and NOAA Cloud Program. NOAA shall identify
amounts for each of these initiatives as part of the agency's
fiscal year 2023 spending plan. The agreement further
provides not less than $1,500,000 to accelerate NOAA's
Diversity and Inclusion Plan, to expand NOAA's recruiting
program, and for equity assessment and implementation support
in compliance with Executive Order 13985.
NOAA is directed to immediately provide the Committees with
the business case analysis for a new center of excellence, as
required in the joint explanatory statement accompanying
Public Law 117-103 under the heading ``Facilities
Maintenance.''
Sexual Assault and Sexual Harassment.--NOAA is directed to
continue implementing
[[Page S7913]]
NOAA Administrative Order (NAO) 202-1106 on sexual assault
and sexual harassment prevention and is provided an increase
of $1,000,000 above the fiscal year 2022 enacted level for
these purposes. NOAA shall continue to provide the Committees
with a copy of the report required under section 12.02 of NAO
202-1106.
Office of Space Commerce (OSC).--The agreement approves the
requested transfer of OSC to Mission Support and provides
$70,000,000, an increase of $54,000,000 above the fiscal year
2022 enacted level. NOAA shall provide a detailed spending
plan for the funds provided to OSC and shall immediately
submit the five-year strategic plan for OSC requested in the
joint explanatory statement accompanying Public Law 117-103.
Cooperative Science Center for Ocean Education.--NOAA is
encouraged to request funding for a cooperative science
center for ocean exploration in its fiscal year 2024 budget
request.
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
2023, in partnership with other agencies and non-Federal
entities.
Office of Marine and Aviation Operations (OMAO).--
$328,677,000 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........................ $204,000
Aviation Operations and Aircraft Services................ 40,500
Autonomous Uncrewed Technology Operations................ 21,677
NOAA Commissioned Officer Corps.......................... 62,500
============
Total, Office of Marine and Aviation Operations, $328,677
Operations, Research, and Facilities..................
------------------------------------------------------------------------
Office of Health Services.--The agreement provides up to
the requested level to support the work of the Office of
Health Services.
Marine Operations and Maintenance.--The agreement provides
an increase of $30,000,000 above the fiscal year 2022 enacted
level to enhance NOAA's Fleet operations and support
additional days at sea. OMAO is directed to continue to
implement the progressive maintenance program developed over
the last few years.
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 $2,500,000 within Aviation Operations and Aircraft
Services to observe and predict atmospheric rivers.
Autonomous and Uncrewed Technology Operations (AUTO).--The
agreement provides an increase of $7,500,000 above the fiscal
year 2022 enacted level for AUTO and notes that OMAO has
successfully leveraged commercially available uncrewed
maritime systems (UMS) to collect data in support of NOAA's
core mission areas, demonstrating the utility and cost-
effectiveness of purchasing ocean data. Within the funds
provided, no less than the fiscal year 2022 enacted level
shall be used to support extramural partnerships with
universities and oceanographic institutions for UMS research,
development, testing, and training, including research to
improve precise marine navigation and coastal resilience
through improvements to uncrewed platforms. NOAA shall use
the increased funding for agency-wide data acquisition from
UMS in support of relevant research and operational missions
including hurricane intensity forecasting, fishery surveys,
ocean exploration, and hydrographic surveys.
NOAA Commissioned Officer Corps.--The agreement provides an
increase of $8,500,000 above the fiscal year 2022 enacted
level to increase the size of the NOAA Corps to help meet the
increased demands on aviation operations and prepare for the
addition of new vessels in the NOAA Fleet.
Aviation Accession Training.--The agreement provides up to
$2,000,000 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.
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procurement, acquisition and construction
The agreement includes a total program level of
$1,775,468,000 in direct obligations for NOAA Procurement,
Acquisition and Construction (PAC), of which $1,762,468,000
is appropriated from the general fund, including $108,838,000
provided in division N, 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......... $8,500
Marine Sanctuaries Construction.......................... 5,500
------------
Total, NOS--PAC............................................ 14,000
============
Office of Oceanic and Atmospheric Research:
Research Supercomputing/CCRI............................. 70,000
Research Acquisitions and Mangement...................... 30,000
------------
Total OAR--PAC............................................. 100,000
============
National Weather Service:
Observations............................................. 16,200
Central Processing....................................... 69,649
Dissemination............................................ 10,000
Facilities Construction and Major Repairs................ 13,500
------------
Total NWS--PAC............................................. 109,349
============
National Environmental Satellite, Data and Information
Service:
Geostationary Systems--R................................. 301,000
Polar Weather Satellite.................................. 183,500
Space Weather Follow-on.................................. 136,200
Geostationary Earth Orbit (GEO).......................... 285,000
Low Earth Orbit.......................................... 96,430
Space Weather Next....................................... 151,606
Systems/Services, Architecture, and Engineering.......... 68,500
Common Ground Services................................... 105,433
Satellite CDA Facility................................... 2,450
------------
Total, NESDIS--Discretionary PAC........................... 1,330,119
============
Mission Support:
NOAA Construction........................................ 90,000
Office of Marine and Aviation Operations:
Fleet Capital Improvements and Technology Infusion....... 28,000
Vessel Recapitalization and Construction................. 95,000
Aircraft Recapitalization and Construction............... 9,000
------------
Total OMAO--PAC............................................ 132,000
============
Total, Procurement, Acquisition and Construction........... $1,762,468
------------------------------------------------------------------------
Judgment Fund Repayment.--The agreement does not provide
funding for NOAA to make payments to the Department of the
Treasury Judgment Fund.
Research Supercomputing.--Within the funding for Research
Supercomputing/CCRI, $15,000,000 is provided to continue to
develop a dedicated high performance computing facility
consistent with prior year direction adopted in Public Law
117-103.
Maximizing Value of Environmental Observations.--The
agreement notes concern that too little value is being
extracted from the plethora of environmental observations
collected and/or purchased by NOAA to inform weather,
climate, and ecosystem models that then generate forecasts
and predictions. Therefore, within the increase provided for
Research Supercomputing/CCRI, no less than $5,000,000 is to
develop artificial intelligence systems and optimization of
software to support preprocessing of dense observation
datasets so extraction of the most useful information will be
included in data assimilation for model initialization.
Research Acquisitions and Management.--The agreement
provides $30,000,000 for a demonstration system for a dual
polarization Phased Array Radar (PAR) to assess advanced
techniques to meet NOAA's future weather radar requirements
and replace the current NEXRAD system starting in the 2030s.
The agreement also encourages NOAA to engage with the weather
industry to develop a charge for the SAB to study options for
procuring or leasing assets as well as acquiring commercial
data to help satisfy NOAA's next generation radar needs.
Observations.--The agreement provides the requested amount
for the ASOS Service Life Extension Program.
Integrated Water Prediction (IWP).--The agreement provides
no less than the fiscal year 2022 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 117-103.
NWS Facilities.--Within 270 days of enactment of this act,
NOAA is directed to provide the Committees with an updated
NWS Facilities Strategic Plan, including an ordered list of
the highest priority facilities and associated upgrade or
lease improvement costs.
NESDIS Budget Reorganization.--The agreement approves the
technical transfers from Projects, Planning, and Analysis to
Space Weather Next and Common Ground Services. In addition,
as satellites are launched and move from the construction
phase into operations, NOAA is encouraged to continue to
propose technical transfers of funding from PAC to ORF as
part of subsequent budget requests.
Geostationary Extended Observations (GeoXO).--The agreement
provides $285,000,000 for GeoXO, which is the amount required
to maintain the current program schedule in fiscal year 2023,
including to complete Phase A formulation studies, to
complete the Department of Commerce Acquisition Milestone 2,
and to award the imager development contract. NOAA is
encouraged to partner with NASA on the Geostationary Littoral
Imaging and Monitoring Radiometer (GLIMR) mission to de-risk
the ocean color instrument, as appropriate, for the GeoXO
program. Before initiating procurement activities for other
instruments and the spacecraft, NOAA shall provide the
Committees with the report about the user needs and
requirements and estimated lifecycle costs of the next
generation of NOAA flagship weather satellites requested in
the joint explanatory statement accompanying Public Law 117-
103. The requested report shall include how the proposed
suite of GeoXO instruments will improve NOAA's weather
mission.
Systems/Services Architecture and Engineering.--The
agreement provides an increase of $10,000,000 above the
fiscal year 2022 enacted level for the Commercial Data
Purchase and Commercial Weather Data Pilot programs, which is
to be divided between the two programs as deemed appropriate.
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.
The agreement notes that NOAA's current schedule of
conducting commercial weather data solicitations every 2
years may have the unintended consequence of limiting new
partnerships with the quickly evolving commercial sector.
NOAA shall ensure that funds provided for commercial data
purchases are used in a manner that maximizes competition by
conducting solicitations for new qualified commercial data
market entrants on an annual or more frequent basis.
NOAA Construction.--The agreement provides $90,000,000 for
NOAA's highest priority facilities construction, repair, and
deferred maintenance requirements, which is an increase of
$31,000,000 above the fiscal year 2022 enacted level. NOAA
shall immediately inform the Committees if there are any
significant schedule delays or project cost increases.
Further, 30 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.
The agreement reiterates direction adopted by Public Law
117-103 for NOAA to establish a five-year budget framework to
address regional facility modernization planning and
redevelopment of priority sites, particularly those in the
Northwest, Northeast, and Southeast regions.
Vessel Recapitalization and Construction.--The agreement
reaffirms its support for NOAA's Fleet Recapitalization Plan
by providing $20,000,000 for Vessel Recapitalization and
Construction above the requested level. The agreement expects
that NOAA will execute a contract on two new Class B vessels
in fiscal year 2023 and that NOAA's new vessels will
facilitate the reduction of gaps in mission coverage as
current ships are decommissioned. The agreement notes that
the current procurement plan for Class C vessels would result
in a mission gap for fisheries surveys starting in 2027.
Therefore, NOAA is encouraged to begin design and acquisition
of the Class C vessels.
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.
fisheries disaster assistance
The agreement accepts the proposal to provide a new annual
appropriation for Fisheries Disaster Assistance and provides
$300,000, which is equal to the budget request.
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 using fuel-efficient technology to
the greatest extent practicable.
Departmental Management
salaries and expenses
The agreement includes $95,000,000 for Departmental
Management (DM) salaries and expenses.
For fiscal year 2023, 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,'' and
``Improving Trade Data Reporting.'' Additionally, for fiscal
year 2023 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.''
Enhancing Microelectronics Fabrication with Advanced
Materials and Techniques.--As the Department assesses and
makes investments in advanced semiconductors and
microelectronics using funds provided in regular and
emergency appropriations bills, such assessments shall
include the value of investing in
[[Page S7918]]
researching advanced techniques and upgrading existing
fabrication facilities to use advanced materials that can
increase those facilities' capability to produce more
effective microelectronics for existing and evolving demand.
Wildfire Mitigation.--The Department is directed to assess
what measures and improvements can be taken to reduce the
likelihood of wildfire impacts to Department facilities in
Boulder, Colorado (NIST, NOAA, and NTIA facilities) and to
the Department's other potentially at-risk facilities around
the country. The Department is directed to report to the
Committees on its wildfire mitigation assessment findings
within 120 days of enactment of this act.
Anomalous Health Incidents (AHI).--The Department is
directed to continue working with other Federal agencies to
create AHI policies and procedures, including a system for
handling requests for reimbursement. The agreement directs
the AHI system be in place by March 15, 2023. The Department
is directed to submit quarterly reports to the Committees on
the number of requests for assistance, the unobligated
balances of the original funding provided, and any additional
resource needs to properly respond to the Department's AHI
claimants.
Outbound Investment Initiative.--The Department is
encouraged, in coordination with the Department of the
Treasury, to consider its role in the establishment of a
program to address the national security threats emanating
from outbound investments from the United States in certain
sectors that are critical for U.S. national security. Not
later than 60 days after enactment of this act, the
Department shall submit a report describing its efforts and
identifying the resources that would be required to establish
and implement it.
renovation and modernization
The agreement includes a total of $1,142,000 for the
Renovation and Modernization account.
nonrecurring expenses fund
The agreement includes $35,000,000 for the Department of
Commerce Nonrecurring Expenses Fund to support cybersecurity
risk mitigation efforts at the Department.
The Department is directed to provide an updated out-year
budget profile for its cybersecurity initiatives as part of
the fiscal year 2024 budget request.
office of inspector general
The agreement includes a total of $50,450,000 for the
Office of Inspector General (OIG). This amount includes
$48,000,000 in direct appropriations and a $2,450,000
transfer from USPTO.
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 OIG is
directed to follow the directives as described in Senate
Report 116-127 and adopted by Public Law 116-93 under the
heading ``Working Capital Fund Audits.''
GENERAL PROVISIONS--DEPARTMENT OF COMMERCE
(including transfer of funds)
The agreement includes the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department of Commerce
salaries and expenses available for hire of passenger motor
vehicles, for services, and for uniforms and allowances as
authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may deter child pornography, copyright
infringement, or any other unlawful activity over their
networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of
those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
Section 111 removes the requirement for matching funds for
amounts provided in this act through the Manufacturing
Extension Partnership.
Section 112 allows the Secretary of Commerce to waive the
cost sharing requirements for funds provided in this act
under sections 306, 306A, and 315 of the Coastal Zone
Management Act of 1972.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
The agreement includes $145,000,000 for General
Administration, Salaries and Expenses.
For fiscal year 2023, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 117-103 on the following
topics: ``Trafficking in Persons,'' ``Domestic Trafficking
Victims Fund Special Assessments,'' ``Human Trafficking
Justice Coordinators,'' ``Enforcement of Federal Hate Crimes
Law,'' ``Combating Domestic Terrorism,'' ``Human Rights
Crimes,'' ``Wildlife Trafficking,'' ``Combatting Violent
Crime in Indian Country,'' ``Office of Legal Counsel (OLC)
Opinions,'' and ``Voting Rights.'' The Department shall
submit updated reports consistent with the directives. House
report language under ``Voting Rights Enforcement'' is not
adopted.
Emmett Till Unsolved Civil Rights Crimes Reauthorization
Act of 2016.--The agreement includes not less than
$15,000,000 for DOJ component agencies to implement the
Emmett Till Unsolved Civil Rights Crimes Reauthorization Act
of 2016, to include $3,500,000 in grant funding.
Strengthening Police-Community Relations.--The agreement
provides $231,000,000 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 $30,000,000, or 15 percent, above the
fiscal year 2022 enacted level. The Department shall include
as part of its fiscal year 2023 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 $608,500,000 in grant program funding, an
increase of $36,000,000 above the fiscal year 2022 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 $2,563,116,000, an increase
of $141,594,000 above the fiscal year 2022 enacted level, to
strengthen drug trafficking investigations, including those
related to heroin, fentanyl, and methamphetamines. The
agreement supports the continuation of heroin enforcement
teams, methamphetamine and fentanyl cleanup and container
programs, and other interdiction and intervention efforts,
including expansion of DEA's 360 Strategy and Operation
Engage.
McGirt v. Oklahoma.--The agreement appropriately funds the
U.S. Attorneys' offices, United States Marshals Service, DEA,
and FBI workload increases resulting from the McGirt v.
Oklahoma decision for fiscal year 2023. 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. DOJ is directed to
report, within 90 days of the date of enactment of this act,
on the breakdown of cases per attorney in Oklahoma, estimated
caseloads for the fiscal year 2024, and how such numbers
compare with other districts around the country. The report
shall also include the number and type of cases indicted
compared to all referrals received, from which jurisdictions
the cases were referred, and the general reasons why cases
were not accepted.
Human Trafficking and Child Exploitation Interagency
Coordination.--The Department, in coordination with relevant
Federal agency partners, shall establish an interagency
working group to improve human trafficking and child
exploitation case coordination, de-confliction, and survivor
support, and submit a report not later than 45 days after the
date of enactment of this act on its plans for such working
group. DOJ shall submit a follow-up report on the performance
of the Working Group not later than one year after the date
of enactment of this act.
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 Laws 116-260
and 117-103 and immediately submit a detailed staffing and
funding report on the office of the National Coordinator for
Child Exploitation Prevention and Interdiction, including
staffing, travel, and temporary duty travel expenses, as this
information is long-overdue. The Department shall submit a
crosscut budget presentation for Crimes against Children as
part of its fiscal year 2024 budget submission and in
subsequent budgets and continue following directives and
reporting requirements in fiscal year 2023 as specified in
the aforesaid joint explanatory statements.
Policies on Investigating Crimes Against Children.--The
Department shall report not later than 60 days after the date
of enactment of this act on steps to address recommendations
made in Office of Inspector General
[[Page S7919]]
OIG Report 21-093: ``Investigation and Review of the Federal
Bureau of Investigation's Handling of Allegations of Sexual
Abuse by Former USA Gymnastics Physician Lawrence Gerard
Nassar''. The report shall describe FBI policy for sharing
allegations of crimes against children with relevant FBI
field offices as well as with State and local law
enforcement, how such policy has been updated since the
Nassar investigation, and how it is being disseminated and
implemented within the FBI.
Human Rights Enforcement Report.--DOJ shall report to the
Committees on Appropriations and the Judiciary of the House
of Representatives and the Senate not later than 90 days
after the date of enactment of this act on the investigations
and prosecutions of human rights offenses and other offenses
committed by serious human rights violators for fiscal years
2018-2022, efforts by the Criminal Division (CRM) and the
Executive Office of the United States Attorneys (EOUSA) to
increase such prosecutions, and any legal or organizational
impediments to investigating and prosecuting human rights
violations.
Violence Against Indigenous Women.--DOJ shall follow the
directives in the joint explanatory statement accompanying
Public Law 117--103 under the heading ``Missing and Murdered
Indigenous Women'' and submit an updated review and
communications plan, including details on the use of fiscal
year 2023 Tribal set-aside funding that supports related
programs and initiatives in Indian Country and Alaska Native
Villages, with its fiscal year 2023 spending plan. In
addition, DOJ shall report not later than 90 days after the
date of enactment of this act on the status of implementing
recommendations in Government Accountability Office report
GAO--22--104045, entitled ``Missing or Murdered Indigenous
Women: New Efforts are Underway but Opportunities Exist to
Improve the Federal Response.''
Fix NICS Act Requirements.--The Attorney General is
directed to publish timely on its website the semi-annual
reports mandated by the Fix NICS Act of 2017 (Public Law 115-
141) on Federal, State, and Tribal compliance with that act.
National Incident-Based Reporting System (NIBRS).--The
Department shall report not later than 60 days after the date
of enactment of this act on factors contributing to delayed
participation by law enforcement agencies in NIBRS, and on
DOJ efforts to increase such participation.
Department of Justice Recusal Policies.--Not later than 180
days after the date of enactment of this act, the Department
shall implement policies and procedures necessary to ensure
that the recusal of any officer or employee of any DOJ
component from a matter is registered and recorded with the
Designated Agency Ethics Official and the Departmental Ethics
Office. In addition, not later than 270 days after the date
of enactment of this act, the Department shall submit the
initial report as specified in the directives under this
heading in the Joint Explanatory Statement accompanying
Public Law 117-103.
Financial Fraud.--The Attorney General shall continue to
prioritize DOJ resources to ensure reports of financial
fraud, to include scams against senior citizens, are
thoroughly investigated to support the goal of bringing
perpetrators of such crimes to justice.
Death in Custody Act (DCRA) Reporting.--The Attorney
General shall report not later than 90 days after the date of
enactment of this act on DCRA implementation plans, the
quality of DCRA data collected to date, how DOJ could improve
the quality and transparency of future data, including
implementation of its proposed 2016 collection plan, and a
timeline for publishing the required DCRA report.
Money Laundering Investigations.--The Attorney General
shall establish and convene, not later than 60 days after the
date of enactment of this act, an interagency working group
to identify the number and status of investigations with a
money laundering nexus that involves either foreign official
corruption or drug trafficking, including the value of money
or assets seized in fiscal year 2023, and shall submit a
report with the findings of the working group, disaggregated
by date and lead Federal agency, to the Committees on
Appropriations and the Judiciary of the House of
Representatives and the Senate not later than one year after
the date of enactment of this act.
Election Threats Task Force.--To build on the work of the
newly established Election Threats Task Force and improve
outreach to election workers and organizations that represent
them, the Department shall make available on the DOJ website
all policies and procedures related to submitting threat
reports for election workers, administrators, officials, and
others associated with the electoral process. This shall
include information about what to expect after such a report
is filed, and the rights and protections offered to election
workers, administrators, officials, and volunteers under
current law.
Timely Responses to Committee Inquiries and Meeting Report
Deadlines.--The Department is firmly reminded to submit all
reports and studies described in report or explanatory
statement language by the specified due date with all
required information. In addition, any requests for
information from the Chairs, Vice Chair, Ranking Members, or
Committee staff to the Attorney General and any Department
component should be treated as a priority and responded to
courteously and expeditiously. The Department shall submit
immediately and fully any reports outstanding from fiscal
year 2022.
Analysis of Digital Evidence.--DOJ shall brief the
Committees not later than 90 days after the date of the
enactment of this act on the use and management of evidence
from digital devices used in criminal investigations. The
briefing should address processing backlogs, training
requirements for the use of digital evidence, technical
and legal impediments to secure transmission and sharing
with law enforcement and governmental partners, methods
for secure and centralized storage, reliance on removable
media, and resource challenges or gaps.
Reporting on Whistleblower Protections.--DOJ shall follow
the directives in the joint explanatory statement
accompanying Public Law 117-103 under the heading
``Whistleblower Protections.'' In addition, the Attorney
General is directed to submit a report to the Committees on
Appropriations and the Judiciary, within 90 days of the date
of enactment of this act, assessing the Department's
compliance with 42 U.S.C. 4712 and section 3.908-9 of the
Federal Acquisition Regulation and describing the
implementation status, including all actions taken in
response to, recommendations by the Government Accountability
Office and the DOJ Office of Inspector General related to
whistleblower protections for employees of contractors and
grantees.
Crime Victims Fund.--The health of the Crime Victims Fund
(CVF) remains a concern, and DOJ is directed to continue to
advise litigating components of the availability of the CVF
as a repository for fines, fees, and other penalties.
House report language under the heading ``Ammunition
Background Checks'' is not adopted.
justice information sharing technology
(including transfer of funds)
The agreement includes $138,000,000 for Justice Information
Sharing Technology. The agreement provides resources required
for immediate DOJ cybersecurity response needs and to
modernize the Justice Security Operations Center and supports
efforts to strengthen DOJ cybersecurity and supply chain
workforce development.
Executive Office for Immigration Review
(including transfer of funds)
The agreement includes $860,000,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is
a transfer from the U.S. Citizenship and Immigration Services
Immigration Examinations Fee Account.
The agreement supports, within the funds provided,
investments in information technology including efforts to
improve EOIR's technology systems, such as ongoing
development of its electronic case management system (ECAS),
the digitization of older paper records, and the Virtual
Court Initiative. EOIR is directed to keep the Committees
apprised of these efforts in its quarterly reports.
For fiscal year 2023, 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).'' Additionally, for fiscal
year 2023, EOIR is directed to follow the directives in the
joint explanatory statement accompanying Public Law 117-103
on the following topics: ``Immigration Judge Hiring,''
``Immigration Judge Training,'' ``Disposition of EOIR
Adjudications,'' and ``Online Address Change System.'' EOIR
shall submit updated reports consistent with the directives.
Legal Orientation Program (LOP).--The agreement includes
$29,000,000 for services provided by the LOP and expects no
less than the fiscal year 2022 enacted level will be provided
for the Immigration Court Helpdesk (ICH) program. For fiscal
year 2023, the agreement adopts the relevant directives in
the joint explanatory statement accompanying Public Law 117-
103 under the heading ``Legal Orientation Program (LOP).''
Office of Inspector General
The agreement includes $139,000,000 for the Office of
Inspector General (OIG) and includes $4,000,000 for OIG to
establish an interdisciplinary team dedicated to the
oversight of the Bureau of Prisons (BOP).
United States Parole Commission
salaries and expenses
The agreement includes $14,591,000 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 $1,138,000,000 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 under such sections.
The agreement includes additional resources for the Civil
Rights Division to carry out its critical missions to
reinforce democratic institutions, such as the right to vote;
[[Page S7920]]
enforce human trafficking laws, fair housing, and fair
lending laws; address hate and bias crime; respond to police
misconduct; and protect the rights of institutionalized and
disabled persons.
The agreement supports Criminal and Civil Division
investigation and prosecution of COVID-19 fraud, and Criminal
Division efforts to combat child exploitation and white-
collar crime. The agreement also supports Civil Division
prescription opioid and data privacy litigation and Global
Magnitsky Act prosecutions, and includes resources required
to implement the Sergeant First Class Heath Robinson Honoring
Our PACT Act of 2022. The agreement also supports increases
for the Environmental and Natural Resources Division and its
Office of Environmental Justice, the Office of Pardon
Attorney, the Office for Access to Justice, and the Tax
Division.
INTERPOL.--The agreement supports INTERPOL Washington
operations at no less than the fiscal year 2022 levels. The
Department is encouraged to request a reprogramming of
funding if necessary to complete INTERPOL Washington
information technology modernization. DOJ is also expected to
support secondments of DOJ law enforcement, legal, and other
analytical personnel to the INTERPOL General Secretariat.
Human Trafficking Prosecution Unit (HTPU).--HTPU shall
report no later than 120 days after the date of enactment of
this act, for fiscal years 2020-2022, on the number of human
trafficking cases it prosecuted or assisted prosecuting,
disaggregated by type of trafficking, and the number of
Assistant U.S. Attorneys (AUSAs) trained on human
trafficking prosecution and on victim restitution.
Civil Rights Violations in State and Local Prisons and
Jails.--The Civil Rights Division (CRT) is directed to
increase 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.
Prosecutions Relating to Title 8 United States Code.--The
Department shall report within 120 days of the date of
enactment of this act to the Committees on Appropriations and
the Judiciary of the House of Representatives and the Senate
on the number of investigations and prosecutions carried out
in fiscal year 2022 under sections 1325 and 1326 of title 8,
United States Code, and the estimated resources dedicated to
these investigations and prosecutions.
vaccine injury compensation trust fund
The agreement includes a reimbursement of $31,738,000 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 $225,000,000 for the Antitrust
Division (ATR). This appropriation is offset by an estimated
$190,000,000 in pre-merger filing fee collections, resulting
in a direct appropriation of $35,000,000.
salaries and expenses, united states attorneys
The agreement includes $2,632,000,000 for the Executive
Office for United States Attorneys (EOUSA) and the 94 United
States Attorneys' offices, of which $40,000,000 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. The
agreement provides increases for heightened prosecution
workload arising from the U.S. Capitol attack and domestic
terrorism cases; COVID-19 fraud cases, civil rights, and
white-collar crime investigations; the McGirt v. Oklahoma
case increase; and to support EOUSA cyber and eLitigation
initiatives. In addition, the agreement provides no less than
the fiscal year 2022 level for continued civil rights
enforcement that will advance both criminal and civil
litigation, including the prosecution of sex and labor
trafficking.
Trafficking Victims--EOUSA, in consultation with United
States Attorneys, shall comply with requirements under the
Trafficking Victims Protection Act to provide support,
training, and technical assistance to each Assistant United
States Attorney designated as lead human trafficking
prosecutor. In addition, EOUSA, in consultation with the
Department of Homeland Security, is encouraged to develop a
process to enable survivors with T visas to obtain an
expedited letter of support from the DOJ when their criminal
case is closed, and shall report not later than 90 days after
the date of enactment of this act on steps it has taken to
ensure that the Department of Justice can process requests
for letters of support to T visa survivors in under three
months.
united states trustee system fund
The agreement includes $255,000,000 for the United States
Trustee Program.
Availability of Refunds Due to Depositors.--The reference
to the phrase ``refunds due to depositors'' in the
appropriation for the United States Trustee System Fund is
intended to apply to programmatic refunds payable in the
ordinary course. These would include refunds that come due
under the ordinary operation of the fee statute as enacted by
Congress and administered by the United States Trustee
Program, such as refunds due to adjustments between a
debtor's estimated and actual quarterly expenditures. The
phrase is not intended to apply to final judgments, awards,
compromise settlements, and any interest and costs specified
in the judgments or interest and costs otherwise authorized
by law.
salaries and expenses, foreign claims settlement commission
The agreement includes $2,504,000 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 $25,024,000 for the Community
Relations Service.
Assets Forfeiture Fund
The agreement includes $20,514,000 for the Assets
Forfeiture Fund.
United States Marshals Service
salaries and expenses
The agreement includes $1,705,000,000 for the salaries and
expenses of the United States Marshals Service (USMS). Within
the funding provided, the agreement includes increases to
enhance judicial security, equip Deputy USMs and task force
partners with body-worn cameras, meet obligations pursuant to
the McGirt decision, and enhance USMS capacity to carry out
its missions for fugitive apprehension, missing child and sex
offender investigations, and to address challenges posed by
domestic terrorism and violent crime. For fiscal year 2023,
USMS is directed to continue following the directives and
reporting requirements in the joint explanatory statement
accompanying Public Law 117-103 for ``International
Operations.''
The USMS shall report monthly to the Committees on the cost
of security provided for the Federal judiciary, to include
details, threat assessments and intelligence, and related
operational or equipment support, and breaking out costs
associated with protection of Supreme Court Justices. The
USMS is expected to advise the Committees of anticipated
resource needs to provide security, to include possibly
through reprogramming or transfers.
DOJ shall continue to provide quarterly reports on USMS'
use of Assets Forfeiture Fund (AFF) funding, as directed in
Senate Report 116-127 and adopted by Public Law 116-93.
Regional Fugitive Task Forces (RFTF).--The USMS is directed
to follow the directive in the joint explanatory statement
accompanying Public Law 117-103 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 $18,000,000 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 $2,129,789,000 for Federal Prisoner
Detention (FPD).
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $133,512,000 for the salaries and
expenses of the National Security Division.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The agreement includes $550,458,000 for the Organized Crime
and Drug Enforcement Task Forces (OCDETF), of which
$386,513,000 is for investigations and $163,945,000 is for
prosecutions.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The agreement includes $10,676,000,000 for the salaries and
expenses of the FBI, including $1,959,824,000 for
Intelligence, $4,328,648,000 for Counterterrorism and
Counterintelligence, $3,740,492,000 for Criminal Enterprises
and Federal Crimes, and $647,036,000 for Criminal Justice
Services. The agreement includes additional resources for
counterterrorism, including to counter domestic terrorism;
address cyberthreats, cybersecurity, and technology needs;
and civil rights, violent crime and corruption
investigations. The agreement also includes not less than
$125,000,000 for the National Instant Criminal Background
Check System (NICS), in addition to $100,000,000 that was
funded through the Bipartisan Safer Communities Act.
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.
For fiscal year 2023, the FBI is directed to continue
following the directives in the joint
[[Page S7921]]
explanatory statement accompanying Public Law 117-103 on the
following topics: ``Human Rights Violations,'' ``Agent
Retention,'' ``Cyber Information Sharing,'' ``Counter-
Improvised Explosive Device IED) Research,'' and ``FBI
Police.'' The FBI shall submit updated reports consistent
with the directives.
OIG Audits on NICS Protocols and Procedures.--The FBI shall
submit a report on NICS protocols and procedures not later
than 90 days after the date of enactment of this act. This
report shall provide detailed explanations of how the FBI is
addressing each of the recommendations described in both the
OIG's September 2016 ``Audit of the Handling of Firearms
Purchase Denials Through the National Instant Criminal
Background Check System'' (Report 16-32) and the July 2021
``Audit of Selected Aspects of the Federal Bureau of
Investigation's National Instant Criminal Background Check
System'' (Report 21-095). If the FBI is not implementing a
specific recommendation from these audits, the Bureau shall
explain whether it intends to implement the specific
recommendations and if not, why not. The report shall also
describe any changes to the Standard Operating Procedures the
FBI has made since 2015 to better process NICS inquiries in
the three-day period. All unclassified data shall be publicly
reported by the FBI.
National Bioforensic Analysis Center (NBFAC).--Within the
funding provided, the FBI is supported at $21,840,000 for its
role at the NBFAC.
Computational Technology and Capacity.--The agreement
supports efforts by the Operational Technology Division and
the Science and Technology Branch, including through
partnerships with industry and academia, to develop and
procure infrastructure, technology, and associated manpower
to strengthen the FBI's scientific computing initiatives.
Hate Crimes Reporting.--The FBI is directed to continue
following the directives and reporting requirements in the
joint explanatory statement accompanying Public Law 117-103
on ``Hate Crimes Reporting.'' In addition, the report shall
include an assessment of whether jurisdictions reporting zero
hate crimes are accurate in their reporting and factors
leading to inaccurate reporting.
Submission of Hate Crimes Data.--The agreement urges the
FBI to conduct outreach and provide technical assistance to
law enforcement agencies that have not consistently reported
hate crimes data, with particular attention to small and
rural agencies with the fewest resources for administrative
management and data analysis. In addition, the agreement
continues to urge State, local, and Tribal law enforcement
agencies to include the cost of participation in the FBI's
Hate Crime Statistics Act program for the purposes of
calculating extraordinary expenses associated with the
investigation and prosecution of hate crimes under the
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
Act (HCPA), Public Law 111-84.
Background Checks for New Federal Government Senior
Appointees.--The FBI shall report not later than 120 days
after the date of enactment of this act with estimates of
investigative staff, staff support and other resources and
authorities required for the Bureau to complete the average
number of required background investigations for senior
appointees, including those subject to Senate confirmation,
(1) during the period between the presidential election and
the presidential inauguration, and (2) in the first 100 days
of a first-term presidential administration.
Anomalous Health Incidents (AHI).--The FBI is directed to
continue working with other Federal agencies and DOJ
leadership to create policies and procedures for the
disbursement of payments to assist FBI personnel and family
members that have experienced AHI, including a system for
handling requests for reimbursement, and to have such a
system in effect by March 1, 2023. The FBI shall submit
quarterly reports on the number of requests for assistance,
the unobligated balances of the original $5,000,000
appropriated for this purpose, and any additional resource
needed to assist FBI's AHI victims.
Small, Medium, and Veteran-owned Businesses.--The FBI is
strongly encouraged to leverage the capabilities of
established small, medium, and veteran-owned businesses as it
undertakes to collocate complementary mission operations
outside of the national capital area.
Terrorist Explosive Device Analytical Center (TEDAC),
Hazardous Devices School (HDS), and International Advanced
Canine Technology Center.--The agreement supports not less
than fiscal year 2022 funding for TEDAC and operational
support for its campus to strengthen TEDAC's role as the U.S.
Government's strategic-level improvised explosive device
exploitation center, and also supports the FBI Weapons of
Mass Destruction Directorate's efforts at no less than the
fiscal year 2022 enacted level, to better disseminate threat
information to the explosives detection canine community.
McGirt v. Oklahoma.--FBI shall report not later than 60
days after the date of enactment of this act on coordination
between its Oklahoma City Field Office and State and local
partners, including any needed resources for fiscal year
2024.
CONSTRUCTION
The agreement includes $651,895,000 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 and to continued safety and
security upgrades at its Quantico facilities.
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 $590,000,000 to further support the
FBI's 21st Century Facility plans, and encourages the FBI to
transition from interim facilities to full operating
capabilities, to include incorporating planned technological
requirements. As part of this 21st Century Facility planning,
the FBI should continue to research the feasibility of using
public-private partnership opportunities, provided annual
lease and operating costs are reasonable and facilities can
be built and maintained that meet FBI's operational and
security requirements.
Drug Enforcement Administration
SALARIES AND EXPENSES
The agreement includes a direct appropriation of
$2,563,116,000 for the salaries and expenses of the DEA. In
addition, DEA expects to derive $581,487,000 from fees
deposited in the Diversion Control Fee Account to carry out
the Diversion Control Program, resulting in $3,144,603,000 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, information
sharing and technology infrastructure, body-worn camera
programs, and increased workload arising from the McGirt
decision. Within funding provided, the agreement supports DEA
efforts to reverse the decline in staffing levels. DEA is
encouraged to assign special agents to the areas most
affected by methamphetamines and opioids.
Hemp Testing Technology.--The agreement reiterates the
directive in the joint explanatory statement accompanying
Public Law 117-103 under this heading, and DEA shall submit
updated reports consistent with that directive.
Destruction of Controlled Substances.--DEA is encouraged to
engage in substantive conversations with industry
stakeholders on alternatives to incineration that meet the
non-retrievable standard. DEA shall report within 90 days of
the date of enactment of this act on its current and planned
implementation of 40 C.F.R. 266.506 (b)(3) and is further
directed to review technologies other than incineration that
meet the non-retrievable standard.
Bureau of Alcohol, Tobacco, Firearms and Explosives
The agreement includes $1,747,000,000 for the Bureau of
Alcohol, Tobacco, Firearms and Explosives.
SALARIES AND EXPENSES
The agreement includes $1,672,000,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF). The agreement expects ATF to comply with
directives agreed to within the Bipartisan Safer Communities
Act (Public Law 117-159), including dedicating funds for the
Anti-Straw Purchasing Campaign. For fiscal year 2023, the ATF
is directed to continue following the directives in the joint
explanatory statement accompanying Public Law 116-260 on
``Crime Gun Intelligence Centers (CGICs).'' The ATF shall
submit updated reports consistent with the directives.
Training Law Enforcement Partners.--ATF is expected to
continue to provide training to local and State law
enforcement agencies on submitting trace requests of firearms
recovered in criminal investigations to ATF. The agreement
supports the ongoing efforts of Federal, State, and local law
enforcement agencies to solve violent crimes and urges ATF to
provide all possible training opportunities in support of
these efforts.
Tobacco Enforcement.--The agreement reminds ATF of the
report under the ``Tobacco Enforcement'' heading contained
within the joint explanatory statement accompanying Public
Law 117-103, which directed ATF to submit a report assessing
investments in tobacco initiatives in each fiscal year since
2017, and directs ATF continue this report in fiscal year
2023.
National Integrated Ballistic Information Network (NIBIN)
Expansion.--The ATF is directed to examine ways to expand
access to NIBIN to State and local agencies in the New
England region.
Out-of-Business Records (OBRs).--ATF is directed to submit
a report, within 60 days of the date of enactment of this
act, that details: (1) how many of the total OBRs reflect
transactions that occurred before 2002; (2) what year the
oldest OBRs are from that are currently maintained in the ATF
repository; and (3) for the traces completed in the past 5
years using OBR records, how old the records were that were
subject to a trace.
Freedom of Information Act (FOIA) Compliance.--ATF is
expected to comply with its obligations under FOIA. ATF is
directed to
[[Page S7922]]
submit a report, within 90 days of the date of enactment of
this act, on how ATF assesses agency records for release
under FOIA.
Bomb Arson Tracking System (BATS).--The ATF is directed to
proceed with a fully integrated solution for BATS upgrades as
the platform is nearing its end cycle. Within the funds
provided, the agreement expects ATF to prioritize funding for
this project; however, should funds not be sufficient to
cover the upgrade, the ATF is directed to submit a
reprogramming notification and encourages ATF to include it
as part of the fiscal year 2023 spend plan submission.
CONSTRUCTION
The agreement includes $75,000,000 for the construction of
an ATF forensics laboratory, at the location cited in the ATF
report to the Committees entitled ``ATF Laboratory Facilities
Assessment and Alignment with Partnerships,'' which provides
a mutually beneficial academic setting in which knowledge and
skills related to forensic science and ATF's crime gun
intelligence programs are passed on to students and faculty.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $8,392,588,000 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 includes $180,460,000 above the
request to sustain and increase BOP hiring efforts, and
$25,560,000 for BOP's Land Mobile Radio and Video Security
upgrades. The agreement also includes new language providing
that not less than two percent of the FSA funding may be
transferred to the National Institute of Justice to carry out
required evaluations of FSA programs and activities. Within
the funding provided for FSA, the agreement supports up to
$1,200,000 for an initiative to satisfy the FSA requirement
for an evidence-based dyslexia screener, and BOP is directed
to report not later than 90 days after the date of enactment
of this act on its implementation of this initiative.
For fiscal year 2023, BOP is directed to continue following
the directives in the joint explanatory statement
accompanying Public Law 117-103 on the following topics:
``Overtime Pay Rate,'' ``Correctional Officer Pay,'' ``First
Step Act (FSA) Implementation,'' ``Additional Requirements of
the FSA,'' ``Residential Reentry Centers,'' ``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 directed to continue following the
directives and reporting requirements in the joint
explanatory statement accompanying Public Law 117-103 on the
topic ``Augmentation.'' In addition, BOP is directed to
ensure that non-custody correctional employees must spend 90
percent of their work week in their primary positions.
Hiring, Staffing and Vacancies.--BOP shall provide a report
to the Committees not later than 120 days after the date of
enactment of this act on the status of its efforts to recruit
and retain employees, including its outreach and its use of
retention and recruitment incentives, as well as the rate at
which these incentives have maintained parity with other
Federal agencies and inflation. BOP shall continue to follow
the directives in the joint explanatory statement
accompanying Public Law 117-103 under the headings ``Hiring,
Staffing, and Inmate-to-Officer Ratios'' and ``Vacancies,''
and to update all associated reports consistent with those
directives.
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.
First Step Act Implementation and Additional Requirements
of the FSA.--BOP shall continue to follow directives under
these headings in the joint explanatory statement
accompanying Public Law 117-103.
In addition, with regard to FSA Evidence-Based Recidivism
Reduction (EBRR) and Productive Activities (PA) requirements
BOP shall report not later than 90 days after the date of
enactment of this act on: (1) whether each approved EBRR and
PA is internal, BOP-contracted, or an external third-party
program; (2) any difference in the criteria and evaluation
process for suitability of such programs; (3) the number of
external faith-based programs that sought to qualify as an
EBRR and PAs under FSA, including the number denied, number
of requests pending, names of accepted applicants and faith
affiliation, if any; (4) BOP actions to promote submissions
of external programs for consideration as EBRRs and PAs; and
(5) list of ``faith-based recidivism-reduction partnerships''
reported in the Bureau of Justice Statistics reporting on FSA
implementation. The report shall describe efforts to fill
vacant programming and other dedicated FSA positions, improve
EBRR credit calculation transparency, EBRR programming
available, the hours of EBRR credit participants earn for
participation in such programs, and the need for and
availability of medication-assisted treatment at each BOP
facility.
Reentry Guidance for Prison Education Programs.--DOJ is
encouraged to collaborate with the Department of Education in
developing and providing technical assistance to the BOP,
State departments of corrections, and other entities
responsible for preparing individuals to leave prison, enter
their communities, continue education, or seek employment.
BOP shall provide guidance on best practices for integrating
reentry planning for participants in prison education
programs, which should address evidence-based strategies to
ensure successful entry.
BOP Facilities and Residential Reentry Centers (RRCs)
Study.--BOP is directed to conduct a study on the need for
and feasibility of establishing a BOP facility in Alaska, to
include potential cost, size, and location, as well as on the
feasibility of expanding RRC capacity in Alaska and Hawaii to
help those released from incarceration reenter their
community per FSA requirements. BOP shall submit this study
within 180 days of the date of the enactment of this act.
Roadmap to Reentry.--BOP is directed to reestablish and
begin implementing the principles identified in the Justice
Department's ``Roadmap to Reentry,'' including: (1)
individualized reentry plans for individuals; (2) access to
education, employment training, life skills, substance abuse,
mental health, and other programs; (3) resources and
opportunities to build and maintain family relationships; (4)
individualized continuity of care; and (5) comprehensive
reentry-related information and access to resources.
Extreme Weather Plans.--BOP shall issue clear and
consistent policies and guidance across all BOP facilities
regarding preparations for and responses to extreme weather
events, including by establishing temperature thresholds for
health and safety at BOP facilities.
Disaster Damage.--BOP shall report not later than 180 days
after the date of enactment of this act to the Committees on
Appropriations, the Judiciary, and Homeland Security and
Governmental Affairs of the House of Representatives and the
Senate on the scope of physical damage during fiscal years
2015-2022 from storm damage at BOP-owned or managed
facilities, and other impacts, to include: (1) injury and
loss of life; (2) impact on provision of healthcare, dietary
services, water, personal protective equipment, and personal
hygiene products; (3) handling of early release or home
confinement requests; (4) access to cost-free,
uninterrupted access to legal counsel and visitors; (5)
access to appropriate accommodations for inmates with
disabilities; (6) access to educational and work programs;
(7) assessment of the cost of facility damage and
estimates for repairs; (8) the impact on staffing,
equipment, and financial resources; and (9) other factors
affecting health, safety, and civil rights of the
correctional population. This report shall include any
corrective actions BOP has undertaken or plans to
undertake to improve and modernize emergency preparedness
plans, as they relate to natural disasters, extreme
weather, and public health emergencies and a timeline to
implement any corrective action plans. This report shall
also include agency corrective actions that BOP has
undertaken or plans to undertake to improve and modernize
emergency preparedness plans, as they relate to natural
disasters, extreme weather, and public health emergencies
and a timeline to implement any corrective action plans.
Swift-Certain-Fair (SCF) Model in the Federal Prison
System.--The SCF model has proven to be an effective
deterrent for incarcerated populations in State and local
corrections settings. BOP is directed to study the
feasibility of establishing SCF pilot programs in BOP housing
units based upon best practices developed by other applicable
corrections agencies.
BUILDINGS AND FACILITIES
The agreement includes $290,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, of which
$182,000,000 is included under this heading in division N.
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.--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. House
language regarding facilities with geological or
seismological deficiencies is not adopted.
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.
[[Page S7923]]
State and Local Law Enforcement Activities
In total, the agreement includes $4,424,485,000 for State
and local law enforcement and crime prevention programs. This
amount includes $133,000,000 scored as mandatory for Public
Safety Officer Benefits.
For fiscal year 2023, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 117-103 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 ``Sexual
Abuse Services in Detention Hotline.'' 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.
Bipartisan Safer Communities Act.--The agreement recognizes
that Congress passed the Bipartisan Safer Communities Act, or
``BSCA'', (Public Law 117-159) on June 25, 2022, which
included $1,600,000,000 in supplemental appropriations for
the Department beginning in fiscal year 2022 and available
through 2026. Of this amount $1,500,000,000 was included for
existing grant programs including STOP School Violence, the
Community Violence Intervention and Prevention Initiative,
and the National Criminal Records History Improvement Program
(NCHIP), as well as a new Byrne State-Crisis Intervention
program. For fiscal year 2023, in addition to the funds made
available for these programs in this Act, the agreement
expects that funding for these programs will be supplemented
through the funds provided in the BSCA pursuant to the spend
plan submitted to the Committees on August 9, 2022. Further,
the agreement directs the Department to continue following
the directives in the joint explanatory statement
accompanying Public Law 117-103 under the heading ``STOP
School Violence Act.''
The agreement acknowledges that the Fix NICS Act (Public
Law 115-141) allows the Attorney General to waive the
National Criminal History Improvement Program (NCHIP) match
for States that are in compliance with the implementation
plan required under Section 107 of the NICS Improvement
Amendments Act of 2007 (Public Law 110-180). The Department
is directed to remind States of the possibility of this
waiver in guidance or technical assistance regarding this
grant program. Further, the Department is urged to ensure
that grants made under the NCHIP can be made available for
supporting States in the planning and the implementation of
records systems that allow for the efficient expungement or
sealing of qualifying criminal history records without
requiring those eligible to apply.
Tribal Grants and Victim Assistance.--The agreement
provides a total of $129,000,000 in discretionary grant
funding for Tribes as follows: $60,000,000 within the Office
of Justice (OJP) for Tribal assistance; $17,000,000 for a
Tribal youth program within the Office of Juvenile Justice
and Delinquency Prevention (OJJDP); $34,000,000 for Tribal
resources and $4,000,000 for a Tribal Access Program within
the COPS Office; and $11,000,000 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 $95,000,000 is provided to
Tribal governments and Tribal coalitions in OVC funding as
part of set-asides determined by program statute. For fiscal
year 2023, the 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.''
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $700,000,000 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................................................ $255,000
Transitional Housing Assistance............................ 50,000
Research and Evaluation on Violence Against Women.......... 2,500
Consolidated Youth-Oriented Program........................ 17,000
Engaging Men and Youth in Prevention..................... (3,500)
Improving Criminal Justice Responses....................... 60,500
Homicide Reduction Initiative............................ (4,000)
Domestic Violence Firearms Lethality Reduction Initiative (4,000)
Policing and Prosecution Initiative...................... (8,000)
Prosecution and Investigation of Online Abuse Initiative. (1,000)
Sexual Assault Services Program............................ 78,500
Rural Domestic Violence and Child Abuse Enforcement........ 50,000
Violence on College Campuses............................... 25,000
HBCU, HSI and Tribal Colleges and Universities........... (12,500)
Legal Assistance for Victims............................... 55,000
Abuse Later in Life Program................................ 9,000
Justice for Families Program............................... 22,000
Disabilities Program....................................... 12,000
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..... 11,000
Rape Survivor Child Custody Act............................ 2,500
Restorative Justice Responses and Evaluations.............. 15,000
Culturally Specific Programs............................... 11,000
Tribal Special Assistant US Attorneys...................... 3,000
LGBT Specific Services Program............................. 1,000
National Deaf Services Line................................ 2,000
Underserved Populations Program............................ 5,000
Financial Assistance Program............................... 4,000
Abby Honold Act............................................ 5,000
Campus Assault Program..................................... 1,500
============
Total, Violence Against Women Prevention and $700,000
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.
Statutory Set-Asides.--The underlying statutes for several
grant programs, including Services, Training, Officers, and
Prosecutors (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
$90,098,535 for fiscal year 2023, with $66,263,535 for Tribal
governments and coalitions, $17,425,000 for culturally
specific organizations, and $6,410,000 to meet the needs of
underserved populations. OVW shall ensure that the full
amounts provided for in the authorizing statutes are
awarded expeditiously.
Sexual Assault Survivor's Bill of Rights.--The agreement
provides $10,000,000 as part of the STOP grants for a new
program authorized by section 5903 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023,
including the right to receive medical forensic examinations,
the preservation of evidence collection kits, and access to
information resulting from such kits, prior notification of
any destruction or disposal of evidence collection kits, and
the right to request further preservation of any such kit.
The Department is further directed to submit its plan for
administering this program, including the grant solicitation
process, as part of the fiscal year 2023 spend plan. Within
one year of the date of enactment of this act, DOJ shall
provide a report to the Committees on the number of States
that have applied for grants, the number of awards made and
the respective award amounts, and the level of unmet demand
for this program.
Victim Services on Campus.--The agreement includes
$2,000,000 for a demonstration program to expand access to
holistic assault services on college campuses with the intent
to establish a best practices guide for other institutions to
implement. The Department should partner with an accredited
post-secondary institution in the greater Gulf Coast region
that has expertise in this area, including both an
established campus-based sexual assault nurse examiner
program and an established campus-based multidisciplinary
sexual assault response team, affiliation agreements with
both an acute care hospital-based sexual assault program as
well as a community-based sexual assault victim service
provider, and an existing infrastructure to provide evidence
and simulation-based training and education to
multidisciplinary team members.
Office of Justice Programs
RESEARCH, EVALUATIONS AND STATISTICS
The agreement provides $77,000,000 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............................... $42,000
National Institute of Justice.............................. 35,000
Domestic Radicalization Research......................... (7,500)
Research on School Safety................................ (1,000)
Violence Against American Indian/Alaskan Natives at (1,000)
Extraction Sites........................................
Gun Violence Prevention.................................. (1,000)
Campus Sexual Assault Climate Survey..................... (1,000)
School-Based Hate Crimes................................. (1,200)
Law Enforcement Response to Opioid Overdoses............. (1,000)
============
Total, Research, Evaluation and Statistics............. $77,000
------------------------------------------------------------------------
For fiscal year 2023, 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'' as well as the
directives and reporting requirements in the joint
explanatory statement accompanying Public Law 117-103
regarding ``Correctional Education Evaluation.''
Assessment of National Institute of Justice (NIJ) and
Bureau of Justice Statistics (BJS).--Directives under the
Foundations for Evidence-Based Policymaking Act of 2018
(Public Law 115-435) (``Evidence Act'') and other
congressionally-requested initiatives have given NIJ and BJS
additional responsibilities and obligations. The agreement
directs OJP to conduct a full assessment of the impact on NIJ
and BJS regarding the Evidence Act and other congressionally-
requested initiatives, including their ability to keep pace
with cutting-edge scientific practices and emerging policy
needs. OJP is further directed to develop a forward-looking
vision for strengthening these agencies' abilities to respond
nimbly to and anticipate future needs and scientific
developments over the next decade and identify the resources
needed to achieve this vision. These activities should, where
possible, be integrated into OJP's implementation of the
Evidence Act. OJP shall provide an update to the Committees
on its progress within 180 days of the date of enactment of
this act.
Research on Violence Against Women.--In addition to
$3,500,000 transferred from the OVW for research and
evaluation on violence against women and Indian women, the
agreement provides $1,000,000 for NIJ to research domestic
violence radicalization and $1,000,000 for research on
violence against Native Americans, Alaska Natives and other
Indigenous communities at extraction sites. NIJ is encouraged
to undertake additional research regarding domestic violence
homicide prevention.
[[Page S7924]]
Study on School-Based Hate Crimes.--The agreement provides
$1,200,000 for NIJ to administer a competitive grant to an
accredited research university for a study covering the
purposes of the solicitation for opportunity number O-NIJ-
2022-171191 in the K-12 education system to understand the
scope, characteristics, and outcomes of these incidents.
Study on Law Enforcement Responses to Opioid Overdoses.--
The agreement provides $1,000,000 for NIJ to administer a
competitive grant to an accredited research university for a
study regarding law enforcement's responses to opioid
overdoses. The study shall take into account law
enforcement's responses with linked community agencies and
also include specific practices utilized to ensure the well-
being, assessment, and protection of children in these
situations.
In lieu of House report language regarding the ``Community
Oriented Policing Services (COPS) Hiring Program'' the
agreement directs the Department to report to the Committees,
no later than 180 days after the enactment of this act, on
the feasibility of assessing State and local law enforcement
pay compared to the cost of living in the jurisdiction for
which they serve. The agreement encourages the Department to
include in its report any challenges or limitations in
performing this type of survey as well as funding that would
be required to perform this work.
State and Local Law Enforcement Assistance
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $2,416,805,000 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................. $770,805
Officer Robert Wilson III VALOR Initiative............... (13,000)
NamUs.................................................... (3,500)
Officer Training for Responding to People with Mental (10,000)
Illness or Disabilities.................................
John R. Justice Grant Program............................ (5,000)
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........ (13,000)
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............. (6,000)
Drug Data Research Center to Combat Opioid Abuse......... (4,000)
Forensics Ballistics Programs in Higher Education........ (1,500)
Byrne Discretionary Community Project Funding/Byrne (229,551)
Discretionary Grants....................................
Multidisciplinary Partnership Improvements for Protective (5,000)
Order...................................................
Virtual Training for Law Enforcement..................... (5,000)
Cybercrime Enforcement and National Resource Center...... (7,000)
State Criminal Alien Assistance Program.................. 234,000
Victims of Trafficking Grants............................ 95,000
Economic, High-tech, White Collar and Cybercrime 13,000
Prevention..............................................
Intellectual Property Enforcement Program................ (2,500)
Internet of Things Training Modules...................... (2,000)
Adam Walsh Act Implementation............................ 20,000
Patrick Leahy Bulletproof Vest Partnership Grant Program. 30,000
Transfer to NIST/OLES.................................... (1,500)
National Sex Offender Public Website..................... 1,000
National Instant Criminal Background Check System (NICS) 95,000
Initiative..............................................
NICS Acts Record Improvement Program..................... (25,000)
Paul Coverdell Forensic Science.......................... 35,000
DNA Initiative........................................... 170,000
Debbie Smith DNA Backlog Grants.......................... (130,000)
State and Local Forensic Activities...................... (20,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants...... (15,000)
Sexual Assault Forensic Exam Program Grants.............. (5,000)
Sexual Assault Kit Initiative (SAKI)..................... 55,000
CASA--Special Advocates.................................. 15,000
Tribal Assistance........................................ 60,000
Second Chance Act/Offender Reentry....................... 125,000
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................................... 445,000
Drug Courts.............................................. (95,000)
Mentally Ill Offender Act................................ (45,000)
Residential Drug Treatment............................... (45,000)
Veterans Treatment Courts................................ (35,000)
Prescription Drug Monitoring............................. (35,000)
Comprehensive Opioid, Stimulant, and Substance Use (190,000)
Disorder Program........................................
Keep Young Athletes Safe Act of 2018..................... 2,500
STOP School Violence Act................................. 82,000
Emmett Till Act Grants................................... 3,500
Hate Crimes Prevention Act Grants........................ 25,000
Community-Based Approaches to Advancing Justice.......... 10,000
Jabara-Heyer NO HATE Act................................. 10,000
Community Trust Initiative............................... 120,000
Body Worn Camera Partnership Program..................... (35,000)
Justice Reinvestment Initiative.......................... (35,000)
Community Violence Intervention and Prevention........... (50,000)
============
Total, State and Local Law Enforcement Assistance...... $2,416,805
------------------------------------------------------------------------
For fiscal year 2023, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``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,'' ``Paul Coverdell Forensic Science,'' ``Comprehensive
Addiction and Recovery Act (CARA) Programs,'' and ``Body-Worn
Camera Partnership Program.'' In addition, the Department is
directed to continue following the directives in House Report
117-97 adopted by reference in Public Law 116-260 on ``Byrne
Memorial Justice Assistance Grant (Byrne-JAG) Formula
program'' and the joint explanatory statement accompanying
Public Law 117-103 on ``Uses of Byrne-JAG Funds.'' The
agreement urges the Department to release Byrne-JAG funds as
expeditiously as possible and clarifies that Byrne-JAG
funding may not be made available for luxury items, real
estate, or construction projects. Lastly, the agreement urges
Byrne-JAG recipients to offer meaningful language access to
applicable programs and services for individuals with limited
English proficiency, where practicable. The Department shall
submit updated reports consistent with the directives.
For fiscal year 2023, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 117-103 on the following
topics: ``Officer Training on Responding to People with
Mental Illness or Disabilities,'' ``Capital Litigation
Improvement and Wrongful Conviction Review,'' ``DNA
Initiative,'' ``Second Chance Act,'' ``Community Based
Violence Intervention and Prevention Initiative (CVIPI),''
and ``Forensic Ballistics and Higher Education.''
The agreement adopts and reinforces language in House
Report 117-395 under the heading ``Rapid DNA.''
National Center on Restorative Justice.--Of the $3,000,000
provided in the agreement for this program, no less than
$2,500,000 shall be used to continue a partnership with an
accredited university of higher education and/or law
school for the purposes of supporting a National Center on
Restorative Justice (the ``Center'') 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.
Drug Data Research Center to Combat Opioid Abuse.--The
agreement provides $4,000,000 for the continuation of a
national drug data research center to combat opioid abuse
that is at an accredited institution of higher education that
conducts research on opioids, has existing expertise in
databases, statistics, and geographic information systems,
and has an established network of subject and behavioral
matter experts.
Virtual Training.--The agreement provides $5,000,000 for
OJP to partner with no fewer than two universities in a joint
effort to develop a training regime with artificial
intelligence and virtual reality.
Internet of Things Capabilities Database.--The agreement
provides $2,000,000 for a separate competitive grant program
in order to provide four awards of not less than $500,000
each for institutions of higher learning that provide
training in computer forensics and digital investigation to
develop a database on Internet of Things device capabilities
and to build and execute training modules for law
enforcement.
Sexual Assault Nurse Examiner (SANE) Training Program
Grants.--The Department is encouraged to prioritize rural,
Tribal, underserved communities, and urban areas without
full-time coverage for this program. Within the amount
provided for Sexual Assault Forensic Exam Program, $2,000,000
shall be to establish regional SANE training programs, which
are identified as establishing a level of excellence in
forensic nursing and are qualified to prepare current and
future sexual assault nurse examiners/forensic nurse
examiners to be profession-ready and meet the applicable
State certification and licensure requirements. These
programs shall provide training and supervision to nurses
with the purpose of increasing sexual assault forensic nurse
capacity in rural areas, and in support of population-
specific programs and hospitals including, but not limited
to, underserved or historically underfunded communities.
Entities receiving these funds shall promote best practices
in forensic nursing throughout a region, while continuing to
research and develop the highest standards of care.
Sexual Assault Kit Initiative.--The Department should
maximize the results of investments in sexual assault kit
(SAK) testing through continued research to identify best
practices for State, local, and Tribal jurisdictions in
handling the myriad issues that arise from perpetrator
identification, such as victim notification, investigation,
prosecution, documentation, forensic advancements, inter-
jurisdiction sharing, and tracking. The Department should
also fund efforts to support cross-jurisdiction and cross-
site data sharing to identify and pursue repeat offenders
operating in multiple jurisdictions. Finally, the Department
should work further to validate the extensive cost savings
that result from the prevention of future offenses as a
result of SAK testing. The Department is directed to support
efforts that advance these objectives and BJA is directed to
issue a report within one year of the date of enactment of
this act on the number of partially tested kits.
Assessing Reentry Impacts on Local Communities.--When
awarding Second Chance Act grants, OJP shall consider the
impact of reentry of prisoners on communities in which a
disproportionate number of individuals reside upon release
from incarceration. OJP shall assess the reentry burdens
borne by
[[Page S7925]]
local communities and local law enforcement agencies, review
the resources available in such communities to support
successful reentry and the extent to which those resources
are used effectively, and make recommendations to strengthen
the resources in such communities that are available to
support successful reentry and to lessen the burden placed on
such communities by the need to support reentry.
Project HOPE Institute.--The agreement provides $5,000,000
for Project HOPE, of which not less than $500,000 shall be to
continue the Project HOPE Institute to provide training,
technical assistance, and best practices for jurisdictions
replicating the HOPE model. BJA shall award grants to support
both existing Project HOPE models and new jurisdictions.
Veterans Treatment Courts.--OJP is directed to keep the
Committees apprised of the status of the evaluation to be
completed under the NIJ solicitation ``NIJ Multisite Impact
and Cost-Efficiency Evaluation of Veterans Treatment Courts,
Fiscal Year 2022.'' BJA is urged to promote awareness of
veterans treatment court funding opportunities within State
court systems. OJP shall report, within 180 days of the
enactment of this act, on these efforts, including efforts to
administer the program through a dedicated solicitation.
Keep Young Athletes Safe Act.--The agreement provides
$2,500,000 for a competitive grant program to safeguard young
athletes against abuse in sports, including emotional,
physical, and sexual abuse. The Department is directed to
ensure that survivors' lived experiences are incorporated as
part of new curriculum, training materials, and technical
assistance, including a better understanding of how and when
to report. Any recommendations regarding youth athletes
stemming from the work and reporting by the Commission on the
State of U.S. Olympics and Paralympics shall be incorporated
into this program.
Byrne Discretionary Community Project Grants/Byrne
Discretionary Grants (``projects'').--The agreement provides
$229,551,000 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:
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juvenile justice programs
The agreement includes $400,000,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants............................... $75,000
Emergency Planning--Juvenile Detention Facilities........ (500)
Youth Mentoring Grants. 107,000
Title V--Delinquency Prevention Incentive Grants........... 65,000
Prevention of Trafficking of Girls....................... (5,000)
Tribal Youth............................................. (17,000)
Children of Incarcerated Parents Web Portal.............. (500)
Girls in the Justice System.............................. (5,500)
Opioid Affected Youth Initiative......................... (12,500)
Children Exposed to Violence............................. (10,000)
Protecting Vulnerable and At-risk Youth.................. (2,000)
Victims of Child Abuse Programs............................ 41,000
Missing and Exploited Children Programs.................... 105,000
Training for Judicial Personnel............................ 4,500
Juvenile Indigent Defense.................................. 2,500
============
Total, Juvenile Justice................................ $400,000
------------------------------------------------------------------------
For fiscal year 2023, the Department is directed to
continue following the directives and reporting requirements
in the joint explanatory statement accompanying Public Law
116-260 regarding ``Youth Mentoring Grants'' and ``Victims of
Child Abuse Act.'' Additionally, the Department is directed
to follow the directives and reporting requirements in the
joint explanatory statement accompanying Public Law 117-103
under the headings ``Protecting Vulnerable and At-Risk
Youth,'' ``Statutes of Limitations on Crimes Against
Children,'' ``Missing and Exploited Children Programs,''
``Advanced Skills Training for Internet Crimes Against
Children (ICAC) Officers,'' and ``ICACCOPS Training.''
The agreement encourages OJJDP to review its suite of grant
programs in order to offer services and programs for children
and youth who have experienced complex trauma.
Arts in Juvenile Justice.--The Department shall continue to
develop the Arts in the Juvenile Justice Demonstration
Program as described in the joint explanatory statement
accompanying Public Law 117-103. OJJDP is encouraged to
prioritize applications within these competitive grants
partners who have experience in serving youth who are
engaged, or at risk of engaging, in the juvenile justice
system as well as partnerships developed through authentic
collaboration with young people who have lived expertise or
experience. The OJJDP shall provide a report not later than
180 days after the date of enactment of this act on the use
of funds, grant recipients, and project purposes for fiscal
years 2022 and 2023 funding, including expansion of the
program and creation of best practices to replicate these
kinds of partnerships.
Department of Defense Tracking and Response to Child
Abuse.--OJJDP is directed to coordinate with the Department
of Defense on the implementation of recommendations made in
GAO's report ``Increased Guidance and Collaboration Needed to
Improve DOD's Tracking and Response to Child Abuse'' (GAO-20-
110), including national agreements between child advocacy
centers and each military service.
public safety officer benefits
(including transfer of funds)
The agreement includes $167,800,000 for the Public Safety
Officer Benefits program for fiscal year 2023.
Community Oriented Policing Services
Community Oriented Policing Services Programs
(including transfer of funds)
The agreement includes $662,880,000 for Community Oriented
Policing Services (COPS) programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Grants......................................... $324,000
Tribal Resources Grant Program........................... (34,000)
Regional Information Sharing Activities.................. (44,000)
Tribal Access Program.................................... (4,000)
Law Enforcement Mental Health and Wellness Act........... (10,000)
Collaborative Reform Model............................... (7,500)
Community Policing Development............................. 45,000
POLICE Act................................................. 12,000
Anti-Methamphetamine Task Forces........................... 16,000
Anti-Heroin Task Forces.................................... 35,000
STOP School Violence Act................................... 53,000
COPS Technology and Equipment Community Projects........... 177,880
============
Total, Community Oriented Policing Services............ $662,880
------------------------------------------------------------------------
For fiscal year 2023, 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,'' and ``School Resource
Officers.'' Further, the COPS Office is directed to follow
the directives and reporting requirements in the joint
explanatory statement accompanying Public Law 117-103
regarding ``COPS Hiring,'' ``Community Policing Development
(CPD), Training and Technical Assistance,'' and
``Collaborative Reform Model.''
The agreement adopts and reinforces direction in House
Report 117-395 under the heading ``Active Shooter Training''
and further encourages the continued development of e-
learning resources to supplement in person training.
Additional Technical Assistance.--The Committee urges the
COPS Office to provide increased technical assistance to
applicants who have not previously received COPS grants or
otherwise indicate that they are newly establishing
community-oriented policing programs.
Regional Information Sharing Systems (RISS) Program.--The
Department shall assess no more than four percent of the
total appropriation for the RISS program for management
and administration purposes, so as to ensure sufficient
funding is available for law enforcement. The program
shall continue to be administered as grants.
Community Policing Development (CPD).--The agreement
provides $45,000,000 for CPD, which is directed to be
provided in competitive grants, including directly to law
enforcement agencies, in the following manner: $11,000,000 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;
$16,000,000 is for officer training in de-escalation,
including scenario-based training developed in collaboration
with community-based organizations, implicit bias, and duty
to intervene techniques, of which no less than $3,000,000 is
for grants to regional de-escalation training centers that
are administered by accredited universities of higher
education and offer de-escalation training certified by a
national certification program; $9,000,000 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 $2,500,000 is to be provided
for small and rural law enforcement agencies for this
purpose; $6,000,000 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
$3,000,000 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 agreement directs the Department to, within existing
discretionary grants that provide training for law
enforcement agencies, prioritize grants for nonprofits and
other non-governmental entities that have undergone rigorous
evaluation and have a successful track record of
administering research-based trainings to law enforcement
agencies on the importance of respecting civil and
constitutional rights.
Community Oriented Policing Services, Technology and
Equipment Community Projects/COPS Law Enforcement Technology
and Equipment (``projects'').--The agreement provides
$177,880,000 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:
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General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to
preserve the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an
abortion.
Section 204 establishes that the Director of the Bureau of
Prisons (BOP) is obliged to provide escort services to an
inmate receiving an abortion outside of a Federal facility,
except where this obligation conflicts with the preceding
section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than
to a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media
or equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational
purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of BOP or
Federal Prison Industries, Inc.
[[Page S7945]]
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 2 percent of grant and
reimbursement program funds made available to the OJP to be
used for training and technical assistance and permits up to
2 percent of grant funds made available to that office to be
used for criminal justice research, evaluation, and
statistics by the NIJ and the Bureau of Justice Statistics.
Section 213 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.
Section 219 provides for humanitarian expenses incurred
from illness, injury, or death while on duty for certain
Department of Justice personnel.
Section 220 prohibits funds in this act from being used to
conduct, contract for, or otherwise support, live tissue
training, unless the Attorney General issues a written, non-
delegable determination that such training is medically
necessary and cannot be replicated by alternatives. Should
additional funding be needed for humane medical simulation,
the Department should request this as part of components'
budget submissions.
Section 221 designates the facilities of the FBI at
Redstone Arsenal, Alabama, as the ``Richard Shelby Center for
Innovation and Advanced Training.''
TITLE III
SCIENCE
Office of Science and Technology Policy
The agreement includes $7,965,000 for the Office of Science
and Technology Policy (OSTP).
Federal Climate Action Plans.--The agreement adopts House
language on ``Climate Change Adaptation'' and directs OSTP to
undertake this work from within available funds.
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 to provide quarterly briefings to the
Committees on its activities.
National Aeronautics and Space Administration
The agreement includes $25,383,701,000 for the National
Aeronautics and Space Administration (NASA), of which
$367,000,000 is included in division N. 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.'' Additionally, as the relationship between
NASA and its commercial partners deepens, NASA should seek to
retain ownership of technologies, scientific data and
discoveries made using public funds. Finally, as stated in
the House report, GAO is directed to continue its review of
NASA's programs or projects that are expected to have an
estimated life-cycle cost over $250,000,000.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science........................................ $2,195,000
Planetary Science.................................... 3,200,000
Astrophysics......................................... 1,510,000
Heliophysics......................................... 805,000
Biological and Physical Science...................... 85,000
----------------
Total, Science..................................... 7,795,000
================
Aeronautics............................................ 935,000
================
Space Technology....................................... 1,200,000
================
Exploration:
Orion Multi-purpose Crew Vehicle..................... (1,338,700)
Space Launch System (SLS) Vehicle Deployment......... (2,600,000)
Exploration Ground Systems........................... (799,150)
Artemis Campaign Development......................... (2,600,300)
----------------
Total, Exploration................................. 7,468,850
================
Space Operations....................................... 4,250,000
================
Science, Technology, Engineering, and Mathematics 143,500
(STEM)................................................
================
Safety, Security and Mission Services.................. 3,129,451
================
Construction and Environmental Compliance and * 414,300
Restoration...........................................
================
Office of Inspector General............................ 47,600
================
Total, NASA........................................ $25,383,701
================
------------------------------------------------------------------------
* Includes $367,000,000 in emergency funding provided in division N.
science
The agreement includes $7,795,000,000 for Science and
directs NASA to provide funding as described in the table
above and text below. NASA is expected to continue making
progress on the recommendations of the National Academies'
decadal surveys now and in the future. NASA should also
ensure that its merit review systems encourage principal
investigators (PI) to use commercial orbital and sub-orbital
platforms.
Earth Science.--In lieu of the funds designated in the
House report for Earth Science, the agreement provides no
less than the request level for the Plankton, Aerosol, Cloud,
ocean Ecosystem (PACE) and NASA-ISRO Synthetic Aperture Radar
missions. The agreement also provides up to the request level
for Airborne Science, Earth System Explorers, and Computing
and Management.
Earth Systems Observatory Missions.--NASA shall submit,
concurrent with its fiscal year 2024 budget submission, the
estimated costs, by fiscal year, and schedules for each of
the first four designated observables missions. NASA should
plan to competitively select future missions. An increase in
competed, PI-led missions will encourage responsible cost and
schedule constraints, develop novel remote sensing
technologies, and leverage the talents and expertise of
scientists at universities and research institutions.
Venture Class Missions.--In lieu of the House funding, the
agreement provides up to $194,500,000 for Venture Class
missions and reminds NASA to ensure mission classification is
appropriately distributed across all levels of risk. NASA is
encouraged to set aside funding for educational payloads.
GeoCarb.--The agreement provides $20,000,000 for the
GeoCarb mission to support completion of the spectrograph and
other close-out work. To the extent practicable, NASA should
work with the mission PI to use remaining funds to secure
delivery of all subsystems for the instrument with full
documentation delivered in fiscal year 2023. Should the
instrument be completed within remaining funds, NASA is
encouraged to consider options to fly on a mission of
opportunity in the future, should the opportunity arise.
Further, within the funds provided, NASA is directed to
mitigate the impact of mission cancellation on the PI team
and to continue efforts to replace the loss of scientific
data stemming from GeoCarb's cancellation.
Geosynchronous Littoral Imaging and Monitoring Radiometer
(GLIMR).--The agreement includes up to the requested level
for GLIMR to ensure a final confirmation review by January
31, 2023. NASA is directed to work with NOAA to ensure that
GLIMR meets the requirements of the GeoXO program, as
appropriate.
Small Satellite Launch.--NASA shall continue competitive
processes to ensure small satellite launch opportunities,
including by increasing the utilization of Venture-Class
Acquisition Dedicated and Rideshare (VADR) contracting in
fiscal year 2023 and beyond.
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.
Wildfire Detection Technologies.--The House language
providing $8,000,000 to initiate concept studies to develop
and demonstrate low-cost and scalable infrared sensing and
other technologies for wildfire management is retained. The
agreement reiterates that this funding is provided in
addition to other wildfire research activity assumed in the
budget request.
Remote Sensing of Marginal Ice Zones.--NASA shall report to
the Committees on whether and how long-range, multi-day
endurance polar monitoring Uncrewed Aircraft Systems could be
utilized to address remote sensing of marginal ice zones,
including recommended cost and development timetable, if
appropriate.
Harmful Algal Blooms (HABs).--The agreement supports NASA's
contribution, in coordination with NOAA and other Federal
agencies, to monitoring and detection of freshwater HABs
under section 9 of Public Law 115-423.
Joint Agency Satellite Division (JASD).--The agreement
notes the important role that the JASD plays in partnering
with NOAA to design, construct, and launch weather satellites
that are instrumental to accurate forecasts. It is expected
that as NOAA embarks on the next generation of geostationary,
polar-orbiting, and space weather satellites, NASA will
ensure that these flagship constellations can be delivered
within cost and schedule goals.
Planetary Defense.--In lieu of the House language on
funding, the agreement provides $137,800,000 for Planetary
Defense, including not less than $90,000,000 for the Near-
Earth Object (NEO) Surveyor mission. The agreement notes
concern about NEO Surveyor's proposed launch slippage into
2028 and reminds NASA of its mandate to detect 90 percent of
objects greater than 140 meters in size that threaten Earth.
Lunar Discovery.--NASA's Lunar Discovery and Exploration
program shall adhere to the lunar science priorities
established by decadal surveys and the National Research
Council's report, ``Scientific Context for the Exploration of
the Moon.'' Accordingly, the agreement includes up to
$486,300,000 for Lunar Discovery and Exploration, including
up to the request level for Commercial Lunar Payload Services
(CLPS), $22,100,000 for the Lunar Reconnaissance Orbiter, and
not less than $97,200,000 for the Volatiles Investigating
Polar Exploration Rover (VIPER)
[[Page S7946]]
mission. Further, NASA is encouraged to leverage the
resources and expertise of both private industry and
universities in advancing its lunar science and exploration
agenda.
Mars Sample Return.--The agreement provides no less than
the request level for Mars Sample Return. In addition to the
requirements of the briefing described in the House report,
NASA shall brief the Committees on a year-by-year funding
profile for a planned 2028 launch as well as any guardrails
NASA has put in place to ensure that the Mars Sample Return
mission does not continue to grow in cost while incurring
launch delays. This consolidated briefing shall occur within
45 days of enactment of this act.
Mars Exploration.--The agreement provides up to
$233,900,000 to support the Mars Exploration initiative.
New Frontiers.--The agreement provides up to $478,400,000
for New Frontiers, including up to the request level for Juno
and not less than $400,100,000 for Dragonfly. Additionally,
NASA is directed to brief the Committees within 180 days of
enactment of this act on how NASA's planned investments in
New Frontiers over the next five years will advance the
recommendations of the 2022 Planetary Science Decadal Survey
titled ``Origins, Worlds, and Life.'' Such briefing may be
conducted concurrently with the briefing directed in the
House language relating to the New Frontiers V development
cost cap.
Planetary Exploration.--The agreement affirms the House
language on ``Small Innovative Missions for Planetary
Exploration (SIMPLEx),'' and encourages NASA, in its fiscal
year 2024 budget submission, to continue the cadence of
SIMPLEx, New Frontiers and Discovery class missions in spite
of cost pressures from planetary flagship missions, including
the Mars program.
Astrophysics.--The agreement provides up to the request
level for Astrophysics Research, Astrophysics Future
Missions, and the Hubble Space Telescope.
Astrophysics Explorers.--The agreement provides up to
$245,600,000 for Astrophysics Explorers. NASA's commitment to
accelerate the cadence of Astrophysics Explorers missions and
to continue a new line of small Pioneer-class missions that
leverage advancements in low-cost platforms such as cubesats
and balloons is appreciated.
James Webb Space Telescope (JWST).--The agreement provides
the requested funding level for JWST. The agreement also
notes the historic nature of the images being returned by
JWST and congratulates NASA on the success of the mission
thus far.
Nancy Grace Roman Space Telescope.--The agreement provides
$482,200,000 for the Roman Telescope. The agreement
reiterates the expectation that NASA will use a
$3,500,000,000 development cost cap in execution of the
mission.
Science Mission Directorate (SMD) Education.--The agreement
provides no less than $52,000,000 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.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
No less than $30,000,000 is provided for SOFIA to ensure an
orderly close-out of the mission and to assist NASA staff
assigned to SOFIA in transitioning to other NASA missions.
The House reporting requirement is affirmed.
Astrophysics Decadal Survey.--The Astrophysics decadal
survey, ``Pathways to Discovery in Astronomy and Astrophysics
for the 2020s'' (Astro2020) 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. As part of its preparations for implementing the
Astro2020 recommendations, NASA is expected to include
appropriate funding for technology maturation in its fiscal
year 2024 budget request to ensure continued Astrophysics
mission success.
Heliophysics Research Range.--The agreement provides the
requested level for Research Range.
Living With A Star.--The agreement provides $147,300,000
for Living With A Star, of which $73,000,000 is for the
Geospace Dynamics Constellation mission.
Heliophysics Explorers.--The agreement provides
$167,900,000 for Heliophysics Explorers.
Heliophysics Technology.--The agreement provides the
request level for Heliophysics Technology.
Space Weather.--The agreement provides no less than
$25,000,000 for Space Weather, including $2,000,000 for 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. NASA should continue to coordinate
with NOAA, the National Science Foundation, and the
Department of Defense to focus on research and technology
that improves operational space weather forecasts and assets,
including ground-based assets such as the Daniel K. Inouye
Solar Telescope.
Solar Terrestrial Probes.--The agreement provides
$208,000,000 for Solar Terrestrial Probes, including
$26,000,000 from within current and prior year resources to
continue Magnetospheric Multiscale (MMS) mission operations
and $5,000,000 to continue formulation for the DYNAMIC
mission as a cost-capped PI-led mission. NASA is directed to
maintain operations and scientific analysis for MMS at a
level that will achieve the phase two objective of night side
reconnection events and issue the instrument solicitation for
DYNAMIC.
Diversify, Realize, Integrate, Venture, Educate (DRIVE)
Initiative.--The agreement supports the ongoing execution of
the DRIVE initiative, a top priority of the National Research
Council Decadal Survey, and encourages NASA to implement the
goal of increasing the competitive research program to 25
percent of the Heliophysics budget request to enable the
development of new technologies, including advanced
computational tools, establish competitively awarded DRIVE
Science Centers, support multidisciplinary research
collaboration using integrated observatory data, and support
early career investigators.
Heliophysics Budget Execution.--The Heliophysics Division
is directed to brief the Committees quarterly on its
execution, including the status of all projects in
development and any solicitations expected in the next
quarter. The briefing should include any solicitations that
will be delayed due to perceived lack of funding.
Biological and Physical Science (BPS).--Funds provided for
BPS may be used for the development and demonstration of in-
situ analysis, sample preparation and handling, and
specialized equipment for the next generation of microgravity
science. NASA should develop and operate space-based
capabilities for transformational microgravity science that
advances U.S. leadership in such areas as quantum physics,
thriving in deep space, and soft matter.
AERONAUTICS
The agreement includes $935,000,000 for Aeronautics. Within
the Aeronautics Directorate, NASA is encouraged to accelerate
research and development for next generation commercial
engine technologies for electrified aircraft propulsion,
including electric air flight. NASA is further encouraged to
support research into additive manufacturing.
Hypersonics Technology.--The agreement includes not less
than $50,000,000 for Hypersonics Technology, of which
$15,000,000 shall be prioritized for opportunities for
public-private partnerships, including $10,000,000 for
carbon/carbon material testing and $5,000,000 to develop and
mature automation of high-temperature ceramic matrix
composites for material characterization, as well as other
technologies that meet both NASA's strategic goals and
industry needs.
Optimization of Stitched Composites.--The agreement
provides $10,000,000 to facilitate technology development in
stitched composites and encourages NASA to partner with
industry to further NASA's goals in developing large-scale
components and high-rate manufacturing techniques for use in
subsonic aircraft.
Advanced Capabilities for Emergency Response Operations
(ACERO).--The agreement includes $10,000,000 to begin the
ACERO initiative, as proposed in the House report.
Aircraft Fuel Efficiency.--The agreement supports NASA's
effort to support subsonic aircraft fuel efficiency
improvements and efforts to reduce emissions as a bridge to
the electrification of aircraft propulsion. The agreement
encourages NASA to advance its research that will reduce fuel
consumption and carbon emissions on legacy aircraft
platforms, including a demonstration mission when
appropriate. NASA is further encouraged to utilize cost share
opportunities with industry in furthering these efforts.
Advanced Materials Research.--The agreement provides up to
$7,000,000 above the request to advance university-led
aeronautics materials research, such as the development of
composite thermoplastic fibers. NASA is encouraged to partner
with academic institutions that have strong capabilities in
aviation, aerospace structures, and materials testing and
evaluation.
SPACE TECHNOLOGY
The agreement includes $1,200,000,000 for Space Technology
and reaffirms support for the independence of the mission
directorate. The agreement also supports the Space Technology
Mission Directorate's efforts to enable technologies related
to in-space and additive manufacturing, thermal protection,
Solar Electric Propulsion, Fission Surface Power, Archinaut-
2, and artificial intelligence.
Orbital Debris Remediation.--The agreement includes up to
$5,000,000 to advance early-stage technology for active
debris remediation as described in the House report.
Regional Economic Development Initiative.--The agreement
provides up to $10,000,000 for the Regional Economic
Development Initiative.
On-orbit Servicing, Assembly, and Manufacturing 1 (OSAM-
1).--The agreement provides $227,000,000 for OSAM-1, formerly
known as the Restore-L/SPace Infrastructure Dexterous Robot.
NASA should continue to work with private sector and
university partners to facilitate commercialization of the
technologies developed within the program.
Nuclear Thermal Propulsion.--The agreement provides not
less than $110,000,000 for the development of nuclear thermal
propulsion, of which $45,000,000 is for reactor development,
$45,000,000 is for fuel materials development, and
$20,000,000 is for non-nuclear
[[Page S7947]]
systems development and acquisition planning. NASA is
encouraged to develop innovative nuclear technologies that
enable a regular cadence of extended duration robotic
missions to the lunar surface and Mars.
Flight Opportunities Program.--The agreement includes up to
$27,000,000 for the Flight Opportunities Program, including
up to $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).--The House language on
``Nuclear Electric Propulsion'' is adopted, and the agreement
provides up to $15,000,000 to begin a systematic approach to
NEP technology development.
Lunar Surface Power.--In addition to the reporting
requirement in the House report, the agreement urges NASA to
devote the resources required to ensure that lunar surface
power systems, such as vertical solar arrays and fission
surface power, are fully developed and prepared for
deployment when the time for surface missions arrives in the
mid-2020s. In lieu of the funding provided in the House
report, the agreement provides up to $40,000,000 for payload
development and delivery to the lunar surface via the
Commercial Lunar Payload Services (CLPS) program to execute a
surface power demonstration by 2026. NASA is also encouraged
to identify areas of alignment between nuclear propulsion and
fission surface power research.
Tipping Point and Announcement of Collaborative
Opportunities (ACO).--The House direction on Tipping Point
and ACO solicitations is retained, and the agreement provides
up to $85,000,000 to implement these important opportunities.
In Space Additive Manufacturing Capabilities.--House
language on ``Additive Manufacturing'' is adopted, and the
agreement provides up to $15,000,000 for the research,
development, and enhancement of in-space additive
manufacturing capabilities.
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 $7,468,850,000 for Exploration.
Orion Multi-Purpose Crew Vehicle.--The agreement includes
$1,338,700,000 for the Orion Multi-Purpose Crew Vehicle and
does not include transfer authority for a portion of Orion
funds to the Space Operations Mission Directorate.
Space Launch System (SLS).--The agreement provides
$2,600,000,000 for SLS, of which not less than $600,000,000
is for concurrent SLS Block 1B Development, including
Exploration Upper Stage development and associated stage
adapter work. The agreement is supportive of fully developing
the capabilities of SLS, and directs NASA to continue the
simultaneous development of activities as authorized under
sections 302(c)(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
funding for EGS, the agreement provides not less than
$799,150,000 for EGS, including up to $281,350,000 for the
Mobile Launch Platform-2 (ML-2), which includes half of the
additional need NASA has identified since its fiscal year
2023 budget submission. NASA is expected to find the other
half of the estimated need from within other resources
provided without proposing reductions in Congressional
priorities, both in fiscal year 2023 and beyond. The
agreement also retains a provision limiting the use of funds
for ML-2.
Artemis Campaign Development.--The agreement includes
$2,600,300,000 for Artemis Campaign Development. Within 90
days of enactment of this act, NASA shall provide the
Committees with a workforce plan that identifies, by center,
the anticipated impacts to its workforce as the Artemis
program transitions from development to operations and the
future program, mission, and technology development
assignments necessary to maintain NASA's capabilities at its
centers.
Human Landing System (HLS).--The agreement provides not
less than $1,485,600,000 for HLS, including the request level
for Sustaining Lunar Development activities, and no less than
the requested amount for the Lunar Lander office. NASA is
expected to ensure redundancy and competition in the HLS
program for research, development, testing and evaluation of
multiple HLS systems.
Spacesuits.--The agreement provides the requested funding
for Extravehicular Activity and Human Systems Mobility
Program (EHP) and notes that in 2022 NASA began the process
for developing the spacesuits that will be necessary for the
crewed landing on the Moon and for future use in low-Earth
orbit. Within the funds provided for EHP, NASA is encouraged
to continue promoting redundancy and competition, including
robust support for research, development, testing, and
evaluation for multiple competitively awarded space suit
capabilities.
Priority of Use Missions.--NASA is directed to follow the
reporting requirements under the paragraph ``Priority of Use
Missions'' in division B of the report accompanying Public
Law 117-103.
Habitat Systems Research and Development.--As part of
NASA's plan for a sustained lunar presence, NASA may need to
establish a habitation systems program office as part of the
Artemis program with expertise in systems engineering
development and science and exploration systems integration.
NASA is encouraged to continue its planning to support the
launch readiness of a lunar surface habitat and establish a
program office, should one become necessary.
SPACE OPERATIONS
The agreement provides $4,250,000,000 for Space Operations,
including not less than $10,000,000 for technical activities
leading to a competitively awarded U.S. International Space
Station (ISS) deorbit vehicle in fiscal year 2024 to ensure
the safe and controlled deorbit of the ISS at the end of its
useful life.
Commercial Crew.--NASA is expected to certify a new
commercial crew carrier in fiscal year 2023, bringing much-
needed competition to the Commercial Crew program. NASA is
encouraged to continue efforts to enhance competition to
generate savings within the Commercial Crew program.
21st Century Launch Complex Program.--The agreement
includes up to the fiscal year 2022 levels for the 21st
Century Launch Complex Program. If NASA again does not
propose funding this initiative in its fiscal year 2024
budget submission, it is expected that the agency will
request sufficient funding within Construction and
Environmental Compliance and Restoration to realize the full
potential of all NASA-owned launch complexes in awarding
funds made available through this program.
Rocket Propulsion Test Program.--The agreement provides
$48,200,000 for the Rocket Propulsion Test Program and
directs NASA to provide, not later than 90 days after
enactment of this act, a forward-looking plan describing how
NASA intends to maintain and modernize its propulsion testing
facilities to address current and future testing needs. Such
a plan should assess the commercial space and other benefits
of test stand modifications at NASA's rocket engine test
facility to enable next-generation, lox-kerosene Oxygen-Rich
Staged Combustion engine test capabilities.
Space Communications.--The agreement provides up to the
request level for the Communications Services Program. NASA
is directed to provide a timeline for sustainment of the
existing space communications network and infrastructure
upgrades in its fiscal year 2024 budget request. NASA is also
directed to identify adequate resources and provide a plan to
address any upgrades identified in its Deep Space Network
``Road to Green'' study. NASA is directed to brief the
Committees on these plans within 30 days after the enactment
of this act.
Commercial Low-Earth Orbit (LEO) Development.--The
agreement provides up to $224,300,000 for LEO
commercialization. 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.''
Human Research Program.--Crew health and safety will be
integral to future crewed Moon and Mars missions, and NASA is
directed to continue its research into understanding the
effects of living and working in space on astronauts.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
The agreement includes $143,500,000 for Science,
Technology, Engineering, and Mathematics Engagement.
Space Grant Program.--The agreement includes $58,000,000
for the Space Grant Program; directs that these amounts be
allocated to State consortia for competitively awarded grants
in support of local, regional, and national STEM needs; and
directs that all 52 participating jurisdictions be supported
at no less than $900,000 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 $45,500,000 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 $14,000,000 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'' (TEAM II) program.
SAFETY, SECURITY AND MISSION SERVICES
The agreement includes $3,129,451,000 for Safety, Security
and Mission Services.
Independent Verification & Validation (IV&V) Program.--The
agreement provides $39,100,000 for IV&V. If necessary, NASA
shall fund additional IV&V activities from within the mission
directorates that make use of IV&V services.
Aerosciences Evaluation and Test Capabilities (AETC).--NASA
is directed to report to the Committees within 30 days of
enactment of this act on AETC's process for portfolio
maintenance and repair decisions, as well as
[[Page S7948]]
near-term priority investments and maintenance that are
needed to meet expected demand growth and reliable
availability of these facilities. Such report should include
a detailed explanation of how requested resources in each of
the outyears, as shown in the fiscal year 2023 budget
submission, will meet expected demand and reliable
availability of these facilities.
NASA Community Projects/NASA Special Projects.--Within the
appropriation for Safety, Security and Mission Services, the
agreement provides funds for the following projects:
[[Page S7949]]
[GRAPHIC] [TIFF OMITTED] T9060B.027
[[Page S7950]]
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The agreement includes $414,300,000 for Construction and
Environmental Compliance and Restoration (CECR), of which
$367,000,000 is provided in division N.
Unmet Construction Needs.--NASA is directed to include, in
priority order, no fewer than the top 10 construction
projects that are needed but unfunded in its fiscal year 2024
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 $47,600,000 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 51, United States Code, to the
Committees.
The agreement allows for certain transfers of funds,
including special transfer authority for Exploration Ground
Systems.
As in fiscal year 2022, 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.
The agreement expands the allowable uses of NASA's Working
Capital Fund (WCF) and permits a transfer of funds into the
WCF.
National Science Foundation
The agreement includes $9,539,011,000 for the National
Science Foundation (NSF), of which $700,162,000 is included
in division N.
RESEARCH AND RELATED ACTIVITIES
The agreement includes $7,629,298,000 for Research and
Related Activities (R&RA), of which $608,162,000 is included
under this heading in division N.
Technology, Innovation, and Partnerships.--The agreement
recognizes NSF's critical role in driving U.S. scientific and
technological innovation and supports the Directorate for
Technology, Innovation, and Partnerships (TIP) authorized
under the Research and Development, Competition, and
Innovation Act (division B of Public Law 117-167).
Regional Innovation Engines (NSF Engines).--As part of the
TIP Directorate, the agreement supports the Regional
Innovation Engines, authorized under section 10388 of Public
Law 117-167, to create regional-scale innovation ecosystems
throughout the United States and help spur economic growth by
bringing together the science and technology research
enterprise and regional-level resources to promote long-term
national competitiveness. In implementing the NSF Engines,
the Foundation is encouraged to coordinate with the EDA
Regional Technology Hubs program.
Climate Science and Sustainability Research.--The agreement
provides not less than $970,000,000 for climate science and
sustainability research through the U.S. Global Change
Research Program and Clean Energy Technology.
Artificial Intelligence (AI).--The agreement provides up to
$686,000,000 to support AI-related grants and
interdisciplinary research initiatives. House language on
``Artificial Intelligence'' is adopted, and the agreement
reiterates the encouragement for NSF to invest in the ethical
and safe development of AI and to continue the expansion of
the National AI Research Institutes. Finding availability for
computing time for AI research can be challenging and cost-
prohibitive for principal investigators, therefore NSF is
encouraged to find effective paths for academic researchers
to purchase compute time on high-end cloud computing for
machine learning in order to increase academic AI research
capabilities and competitiveness. In addition, NSF is
encouraged to continue its efforts in workforce development
for AI and other emerging technologies, including education
programs for non-computer science students, with focused
outreach to community colleges, Historically Black Colleges
and Universities, Hispanic Serving Institutions, Tribal
Colleges and Universities, and Minority Serving Institutions,
including by supporting partnerships and cooperative
agreements.
NSF is encouraged to partner with non-governmental
organizations, academic institutions (with special
consideration given to Minority Serving Institutions), and
other Federal agencies, including NIST, to fund research on
algorithmic bias in AI, machine learning, and intelligent
systems and its impacts on decisions related to employment,
housing, and creditworthiness and to develop methods, tools,
and programs for resolving bias within an algorithm.
Quantum Information Science.--The agreement provides
$235,000,000 for quantum information science research,
including $185,000,000 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
that act.
Historically Black Colleges and Universities Excellence in
Research (HBCU-EiR).--The agreement provides $25,000,000 for
the HBCU-EiR program.
Established Program to Stimulate Competitive Research
(EPSCoR).--In recognition that the success of our Nation's
research enterprise relies on success in every State, the
agreement reinforces the Research and Development,
Competition, and Innovation Act (Public Law 117-167)
requirements that, to the maximum extent practicable, 15.5
percent of NSF research funding and 16 percent of scholarship
funding go to EPSCoR States in fiscal year 2023. To help
achieve these targets, the agreement provides no less than
$245,000,000 for the EPSCoR program. Within the amount
provided, no more than 5 percent shall be used for
administration and other overhead costs. NSF is encouraged to
support projects in EPSCoR States across all funding
initiatives and centers, including Regional Innovation
Engines, Mid-Scale Research Infrastructure awards, and
Science and Technology Centers.
Growing Research Access for Nationally Transformative
Equity and Diversity (GRANTED).--The agreement supports NSF's
new GRANTED initiative that will provide assistance to
mitigate the barriers to competitiveness at underserved
institutions within the Nation's research enterprise. NSF is
encouraged to leverage its expertise to ensure institutions
participating in GRANTED are able to implement best practices
in order to increase the likelihood of award success through
increased research capacity.
Infrastructure Investments.--Unless otherwise noted, within
amounts provided, NSF is directed to allocate no less than
the fiscal year 2022 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.
Astronomy.--NSF is encouraged to provide appropriate levels
of support for operating its current facilities, developing
instrumentation, and preparing for investments in future
world-class scientific research facilities. As such, the
agreement provides up to $30,000,000 for NSF to support the
design and development of next generation astronomy
facilities recommended in the ``Decadal Survey on Astronomy
and Astrophysics 2020'' (Astro2020). NSF is also expected to
support a balanced portfolio of astronomy research grants by
scientists and students engaged in ground-breaking research.
As NSF develops plans for realizing Astro2020, the Foundation
shall provide regular briefings to the Committees on its
progress.
Scientific Facilities and Instrumentation.--The agreement
supports the continuation of operations at the Daniel K.
Inouye Solar Telescope (DKIST) and the Very Long Baseline
Array (VLBA) receivers and provides no less than the fiscal
year 2022 enacted funding levels for these facilities. In
addition, the agreement fully funds the maximum operating
capacity of the Center for High Energy X-Ray Science (CHEXS).
NSF is also directed to continue working with the National
Solar Observatory and the academic community to ensure the
Richard B. Dunn Solar Telescope and its associated
instrumentation remain available for continued research.
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.
Mid-Scale Research Infrastructure.--The agreement provides
up to the request level for the Mid-scale Research
Infrastructure program.
Academic Research Infrastructure.--The agreement recognizes
there is considerable support for academic research
infrastructure construction and modernization across all
directorates. Therefore, NSF is encouraged to evaluate its
requirements for facilities programs that provide the
academic and research community support for access to
critical research facilities and platforms to ensure that the
programs benefit broad and diverse segments of the science
and technology community.
In particular, NSF is encouraged to support the
construction or acquisition of local-class research vessels
through the Major Research Infrastructure program or Mid-
scale Research Infrastructure that will provide outstanding
experiential, place-based education and to support innovative
research and educational programs focused on understanding
and sustaining the near-coastal marine and estuarine
environments.
Biological Infrastructure.--NSF is directed to review its
biological infrastructure investments and develop a plan for
how to review their impact and to consider what other
mechanistic approaches could give NSF more flexibility to
evaluate and maintain critical infrastructure during its
useful life.
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 programs, to further its work
in crop-based genomics research, and to maintain a focus on
research related to crops of economic importance.
[[Page S7951]]
Navigating the New Arctic.--As NSF continues the Navigating
the New Arctic program, the Foundation is encouraged to
expand its support of research and infrastructure in the
North Atlantic region of the Arctic, which is critical for
understanding how Arctic warming will affect the
environmental and socio-economic conditions of communities
along the Atlantic Seaboard. In addition, to maximize
investments, NSF is encouraged to develop new multinational
partnerships to support research teams that address pan-
Arctic and global concerns linked to Arctic change.
International Ocean Discovery Program (IODP).--The
agreement supports up to the requested level for IODP and
recognizes the strategic scientific value of leadership in
this field.
Sustainable Chemistry Research.--NSF is directed to
continue research and related activities associated with the
Sustainable Chemistry Basic Research program authorized under
section 509 of the America COMPETES Reauthorization Act of
2010 (Public Law 111-358). In addition, NSF is encouraged to
coordinate with OSTP to implement the provisions in subtitle
E of title II of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283).
Verification of the Origins of Rotation in Tornadoes
Experiment-Southeast (VORTEX-SE).--It is expected that future
budget requests for VORTEX-SE will include adequate budgetary
resources for associated research and instrumentation that
will maximize the scientific return of this ongoing research.
NSF is encouraged to look beyond traditional research
disciplines and programs and to utilize collaborative
opportunities for co-funding grants that enhance
understanding of the fundamental natural processes and
hazards of tornadoes in the southeast and to improve models
of these seasonal extreme events.
Disaster Research.--NSF is encouraged to fund grants for
meritorious landslide research, data collection, and warning
systems in fulfilment of the National Landslide Preparedness
Act (Public Law 116-323) and the National Earthquake Hazards
Reduction Program Reauthorization Act (Public Law 115-307).
NSF is further encouraged to prioritize funding for the
deployment of early warning systems in States with high
levels of both landslides and seismic activities.
Seismology and Geodesy Facilities.--The agreement supports
the recommendations of the NSF analysis titled ``Portfolio
Review of EAR Seismology and Geodesy Instrumentation,''
particularly those recommendations related to broadening the
funding mechanisms for long-term support for seismic and
geodetic facilities. Federal departments and agencies that
depend on these facilities and the operational data they
produce, including NOAA, the U.S. Air Force, the National
Nuclear Security Administration, the National Energy
Technology Laboratory, and the U.S. Geological Survey, should
contribute to the long-term support and recapitalization of
facility instrumentation. NSF is directed to continue efforts
to negotiate memoranda of understanding or other funding
agreements with these agencies and to include an update on
the status of these negotiations as part of the fiscal year
2024 budget justification.
Fairness in Merit Review.--NSF shall brief the Committees,
no later than 180 days after the enactment of this act, on
its actions and findings in understanding and addressing bias
in the merit review process. As part of this briefing, NSF
shall include a discussion of the option of adopting
institution-blind, investigator-blind, and dual-anonymous
processes for merit review of proposals, with a focus on the
fairness of the process faced by all applicants.
Research Security.--The agreement notes the importance
placed on research security in Public Law 117-167 and
supports the implementation of the various provisions in
fiscal year 2023. The agreement further supports NSF's
initiative to create clear guidelines that inform researchers
and universities on disclosure requirements pertaining to
research security. NSF is encouraged to continue to engage
university and affinity groups to listen to any community
concerns and share information about NSF's policies and
processes. NSF is further encouraged to explore ways to
assist less-resourced institutions on disclosure
requirements and international talent retention.
Not later than 90 days after enactment of this act, NSF
shall brief the Committees on its plans for fulfilling the
requirements of Public Law 117-167 with regard to research
security, including its ongoing plans for community outreach
and engagement.
Power Dynamics in the Research Community.--House language
on ``Power Dynamics in the Research Community'' is adopted.
NSF is encouraged to continue to develop approaches to
analyze and study means to address potential bias and develop
safe spaces to voice concerns without the fear of
repercussion in the research community. NSF shall provide a
report to the Committees on these activities no later than
180 days after enactment of this act.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The agreement provides $187,230,000 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. NSF shall
continue to provide quarterly briefings to the Committees on
the activities funded in this account, no later than 60 days
after the end of each quarter.
Mid-scale Research Infrastructure.--The agreement includes
$76,250,000 for Mid-scale Research Infrastructure. The
Foundation is encouraged to award at least one Mid-scale
Research Infrastructure project led by an institution in an
EPSCoR State.
STEM EDUCATION
The agreement includes $1,246,000,000 for EDU, of which
$92,000,000 is included in division N. The agreement accepts
NSF's proposal to rename the Directorate for Education and
Human Resources as the Directorate for STEM Education (EDU),
as well as the identical change request with respect to that
account.
Graduate Research Fellowship Program (GRFP).--The agreement
accepts NSF's proposal to consolidate GRFP within EDU and
provides up to $325,000,000, an increase of $29,000,000 above
the fiscal year 2022 enacted level, to increase the
fellowship stipend, as requested, as well as to increase the
number of fellows.
Broadening Participation.--The agreement supports the
requested increases related to Broadening Participation in
STEM programs. 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. The agreement provides no less
than $55,500,000 for Louis Stokes Alliances for Minority
Participation; $43,000,000 for the Historically Black
Colleges and Universities Undergraduate Program; $20,000,000
for the Tribal Colleges and Universities Program; $70,000,000
for Advancing Informal STEM Learning; $9,500,000 for the
Alliances for Graduate Education and the Professoriate;
$27,000,000 for Centers of Research Excellence in Science and
Technology; $68,000,000 for the Robert Noyce Teacher
Scholarship Program; and $19,000,000 for ADVANCE.
Eddie Bernice Johnson Inclusion Across the Nation of
Communities of Learners of Underrepresented Discoverers in
Engineering and Science (INCLUDES) Initiative.--The agreement
supports the Big Idea to broaden participation in science and
engineering by developing networks and partnerships that
involve organizations and consortia from different sectors
committed to the common agenda of STEM inclusion as
authorized in section 10323 of Public Law 117-167. The
agreement provides not less than $24,000,000 for INCLUDES and
encourages NSF to ensure the agency partners with communities
with significant populations of underrepresented groups in
the STEM workforce.
Improving Undergraduate STEM Education: Hispanic-Serving
Institutions (IUSE: HSI).--The agreement provides $53,500,000
for the IUSE: HSI program to build capacity at institutions
of higher education that typically do not receive high levels
of NSF funding. NSF is directed to collaborate with
stakeholders in preparing a report that investigates and
makes recommendations about how to increase the rate of
Hispanic Ph.D. graduates in STEM fields. This report shall be
provided to the Committees no later than 270 days after
enactment of this act.
Advanced Technological Education.--The agreement provides
$76,000,000 for Advanced Technological Education.
CyberCorps: Scholarships for Service.--The agreement
provides no less than $69,000,000 for the CyberCorps:
Scholarship for Service program, an increase of $6,000,000
above the fiscal year 2022 enacted level, and adopts House
direction.
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 directed
to provide grants to support the development of hands-on
learning opportunities in STEM education as authorized under
section 10311 of Public Law 117-167, including via
afterschool activities and innovative learning opportunities
such as robotics competitions.
CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS (CHIPS) FOR
AMERICA WORKFORCE AND EDUCATION FUND
Division A of Public Law 117-167 established the CHIPS for
America Workforce and Education Fund. The agreement allocates
the funds according to the amounts listed in the following
table.
NATIONAL SCIENCE FOUNDATION ALLOCATION OF FUNDS: CHIPS ACT FISCAL YEAR
2023
(in thousands of dollars)
------------------------------------------------------------------------
Account--Project and Actitivity Amount
------------------------------------------------------------------------
Creating Helpful Incentatives to Produce Semiconductors $25,000
(CHIPS) for America Workforce and Education Fund......
Research & Related Activities........................ (18,000)
STEM Education Activities............................ (7,000)
----------------
Total.............................................. 25,000
------------------------------------------------------------------------
AGENCY OPERATIONS AND AWARD MANAGEMENT
The agreement includes $448,000,000 for Agency Operations
and Award Management.
[[Page S7952]]
OFFICE OF THE NATIONAL SCIENCE BOARD
The agreement includes $5,090,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
The agreement includes $23,393,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes three administrative provisions. The
first establishes thresholds for the transfer of funds. The
second provision is regarding notification prior to
acquisition or disposal of certain assets. The third
provision establishes the National Science Foundation
Nonrecurring Expenses Fund to reinvest funds that would
otherwise expire to support the national science and research
enterprise, as requested.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The agreement includes $14,350,000 for the Commission on
Civil Rights (CCR), of which $2,000,000 is to be used
separately to fund the Commission on the Social Status of
Black Men and Boys (CSSBMB). The agreement reiterates prior
instruction to provide a detailed spending plan for the
funding provided for the CSSBMB within 45 days of enactment
of this act. In addition, the CCR shall continue to include
the CSSBMB as a separate line item in future fiscal year
budget requests.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The agreement includes $455,000,000 for the Equal
Employment Opportunity Commission (EEOC). The EEOC shall
continue to follow the directives contained in the joint
explanatory statement accompanying division B of Public Law
117-103 under the headings ``Charge Reporting,'' ``Public
Comment on EEOC Guidance,'' and ``Inventory Backlog
Reduction.''
Equal Pay and Report Data.--In lieu of the House language
on ``Equal Pay and Report Data'' the agreement notes the
release of the report by the National Academies of Sciences,
Engineering and Medicines and directs the Commission to brief
the Committees on Appropriations within 30 days of enactment
of this act on the actions the Commission intends to take in
response to the data and recommendations contained in the
report.
Skills-based Hiring.--The agreement affirms the House
directive language on skills-based hiring.
National Equal Pay Enforcement Task Force.--EEOC is
encouraged to explore whether reinstating the National Equal
Pay Enforcement Task Force would further the agency's
mission.
International Trade Commission
SALARIES AND EXPENSES
The agreement includes $122,400,000 for the International
Trade Commission (ITC).
Legal Services Corporation
Payment to the Legal Services Corporation
The agreement includes $560,000,000 for the Legal Services
Corporation (LSC).
Marine Mammal Commission
SALARIES AND EXPENSES
The agreement includes $4,500,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
The agreement includes a total of $76,000,000 for the
Office of the U.S. Trade Representative (USTR).
For fiscal year 2023, USTR is directed to continue
following the directives and reporting requirements 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.'' Additionally, USTR is
directed to continue following the directives and reporting
requirements in the joint explanatory statement accompanying
Public Law 116-260 regarding ``China Trade Deal Costs.''
Finally, USTR is directed to continue following the
directives and reporting requirements in the joint
explanatory statement accompanying Public Law 117-103, on the
following topics: ``United States-Canada Softwood Lumber
Dispute,'' ``Quad Strategic Partnership,'' and ``Parity for
American Exports.''
The United States-Mexico-Canada Agreement (USMCA)
Implementation Act.--The agreement notes that Public Law 116-
113 provided supplemental funds for USTR activities to
implement the USMCA from fiscal years 2020 through 2023. Due
to pandemic-related barriers beyond USTR's control, such as
travel restrictions and staffing relocation limitations to
and within Mexico, USTR experienced delays in its ability to
obligate these funds for their intended purpose. Section 540
of this act extends availability of those funds for an
additional year. To the extent additional discretionary funds
may be required to implement the agreement beyond fiscal year
2024, the agreement directs USTR to articulate those funding
needs in its annual budget requests.
SALARIES AND EXPENSES
The agreement includes $61,000,000 for the salaries and
expenses of USTR.
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 $7,640,000 for the State Justice
Institute (SJI).
Fines, Fees, and Bail Practices.--SJI is encouraged to
continue prioritizing its investments in the areas of fines,
fees, and bail practices so that State courts can continue
taking a leadership role in reviewing these practices.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
act from remaining available for obligation beyond the
current fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this act for any consulting
service through procurement contracts shall be limited to
those contracts where such expenditures are a matter of
public record and available for public inspection, except
where otherwise provided under existing law or existing
Executive order issued pursuant to existing law.
Section 504 provides that if any provision of this act or
the application of such provision to any person or
circumstance shall be held invalid, the remainder of this act
and the application of other provisions shall not be
affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employee; (5) reorganizes or renames offices,
programs, or activities; (6) contracts out or privatizes any
function or activity presently performed by Federal
employees; (7) augments funds for existing programs,
projects, or activities in excess of $500,000 or 10 percent,
whichever is less, or reduces by 10 percent funding for any
existing program, project, or activity, or numbers of
personnel by 10 percent; or (8) results from any general
savings, including savings from a reduction in personnel,
which would result in a change in existing programs,
projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to
any product that was not made in America that person shall
not be eligible to receive any contract or subcontract with
funds made available in this act. The section further
provides that to the extent practicable, with respect to
purchases of promotional items, funds made available under
this act shall be used to purchase items manufactured,
produced, or assembled in the United States or its
territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency,
and provides transfer authority between appropriation
accounts to carry out this provision, subject to
reprogramming procedures.
Section 509 prohibits funds made available in this act from
being used to promote the sale or export of tobacco or
tobacco products or to seek the reduction or removal of
foreign restrictions on the marketing of tobacco products,
except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type. This provision
is not intended to impact routine international trade
services to all U.S. citizens, including the processing of
applications to establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this
agreement to any department, agency, or instrumentality of
the United States Government, except for transfers made by,
or pursuant to authorities provided in, this agreement or any
other appropriations act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration,
the National Science Foundation and the Legal Services
Corporation and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts appropriated
by this act.
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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 2023.
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 (e) 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 2022 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; (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. The heads of executive branch departments,
agencies, boards, and commissions funded by this act are
directed to require that all contracts within their purview
that provide award fees link such fees to successful
acquisition outcomes, specifying the terms of cost, schedule,
and performance.
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 prohibits the use of funds in this act to
require certain export licenses.
Section 535 prohibits the use of funds in this act to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 536 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 537 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 538 includes language regarding detainees held at
Guantanamo Bay.
Section 539 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 540 extends the availability of certain funds.
Section 541 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.
Section 542 withholds funding from NASA's Mobile Launcher 2
project until detailed cost and schedule information are
provided to the House and Senate Appropriations Committees,
the Government Accountability Office (GAO), and the NASA
Office of Inspector General.
Section 543 sets certain requirements for the allocations
of funds related to the CHIPS Act of 2022 (Public Law 117-
167).
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, 2023
The following is an explanation of the effects of this Act,
which makes appropriations for the Department of Defense for
fiscal year 2023. The joint explanatory statement
accompanying this division is approved and indicates
congressional intent. Unless otherwise noted, the language
set forth in House Report 117-388 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, 2023, the related classified annexes and
Committee reports, 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 for fiscal
year 2024, the Secretary of Defense is directed to transmit
to the congressional defense committees budget justification
documents to be known as the M-1 and 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 2024.
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.
Additionally, 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.
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'' in this report 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 Committee report.
REVISED ECONOMIC ASSUMPTIONS
The agreement provides additional funding to offset cost
factors that have increased since the formulation of the
fiscal year 2023 President's budget request. This includes
$1,752,375,000 for higher than planned housing, subsistence
and other expenses for military personnel; $841,892,000 for
higher costs for utilities and daycare; over $1,000,000,000
for acquisition programs; $209,615,000 to offset price
increases for patrons at the commissaries; $400,000,000 for
higher costs for the Defense Health Program; as well as
$3,734,000,000 for higher fuel costs. It is directed that the
additional funding shall be applied to incremental costs due
to increased inflation or other pricing indexes and shall not
be used to address program baseline shortfalls or to fund
other unforeseen requirements. The Under Secretary of Defense
(Comptroller) is directed to continue working with the
congressional defense committees to refine pricing shortfall
estimates caused by revised economic assumptions through the
second quarter of fiscal year 2023. Further, it is directed
that none of these additional funds may be obligated or
expended until 30 days after the Under Secretary of Defense
(Comptroller) provides an execution plan to the congressional
defense committees.
CLASSIFIED ANNEX
Adjustments to the classified programs are addressed in the
classified annex accompanying this report.
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.
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, funding increases
shall be competitively awarded, or provided to programs that
have received competitive awards in the past.
COMMUNITY PROJECT FUNDING
The agreement directs the Secretary of Defense to ensure
that all Community Project Funding is awarded to its intended
recipients.
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 the fiscal year 2023
President's budget. The agreement includes additional
appropriations in fiscal year 2023 to address these
shortfalls, as identified in the tables of Explanation of
Project Level Adjustments in this 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, 2022, is reiterated, and it is directed
that any submission of unfunded requirements by the military
services, defense agencies, and combatant commands with the
fiscal year 2024 President's budget be accompanied by updated
requirements and programmatic and execution plans for
unfunded requirements that received appropriations in fiscal
year 2023. 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.
CONTROLLED UNCLASSIFIED INFORMATION
In March 2020, the Undersecretary of Defense for
Intelligence and Security issued Instruction 5200.48, which
outlines the Department's policies on content that it deems
controlled unclassified information (CUI). It is understood
that these policies are intended to safeguard national
security and ensure that sensitive but unclassified
Department of Defense information is not revealed to
adversaries. However, while common sense security practices
are supported, there is concern that the extensive use of CUI
will result in less transparency, accountability, and
congressional oversight. Therefore, the Deputy Secretary of
Defense is directed to review the current usage of CUI to
ensure its appropriate application, and to brief the
congressional defense committees not later than 30 days after
the enactment of this Act on the findings of this review. As
appropriate, the briefing may be provided in an unclassified
format with a classified annex.
NAVY AND MARINE CORPS AVIATION MISHAPS
The number of Navy and Marine Corps aviation mishaps that
have occurred in the current calendar year, some of which
have resulted in the tragic loss of life of sailors and
Marines, is concerning. The Chief of Naval Operations and the
Commandant of the Marine Corps are directed to brief the
findings of the accident review boards on the various mishaps
to the House and Senate Appropriations Committees not later
than 180 days after the enactment of this Act. The agreement
encourages Service leadership to focus on finding common
causes that apply to both the Navy and Marine Corps aviation
units and their missions.
REFORMS, RE-PRIORITIZATIONS, AND RETIREMENTS EXHIBIT
The Under Secretary of Defense (Comptroller) is directed to
continue to refine the ``Reforms, Re-prioritizations, and
Retirements'' budget exhibit, to include budget line item
details, and to submit the Defense
[[Page S8030]]
Operation and Maintenance overview book at the same time as
the detailed justification books.
HOMELAND DEFENSE RADAR--HAWAII
The agreement directs the Director of the Missile Defense
Agency, in consultation with the Commander of United States
Indo-Pacific Command, to provide quarterly updates to the
congressional defense committees on the status of the
Homeland Defense Radar--Hawaii production and location
siting, as well as current and evolving threats in the
region. These updates shall be provided at the unclassified
and classified level as required.
DEFENSE OF GUAM
The Director, Missile Defense Agency, in coordination with
the Secretaries of the Army, Navy, and Air Force, is directed
to provide a quarterly update to the congressional defense
committees on the mission to support the Defense of Guam. The
update shall include: the status of environmental impact
statements and site surveys required to support placement of
weapons systems supporting the Defense of Guam, the upgrades
to Guam's infrastructure required to support the mission,
acquisition schedules of anticipated weapons systems and
corresponding deployment schedules of such systems, manning
requirements for the Defense of Guam mission, and obligation
and expenditure data on all funding related to the Defense of
Guam. These updates shall be provided at an unclassified and
classified level as required.
COMPLETE AND TIMELY FINANCIAL REPORTING
The agreement directs the Undersecretary of Defense
(Comptroller) to provide the congressional defense
committees, not later than 60 days after the enactment of
this Act, a plan for delivery of comprehensive obligation and
execution data, including expenditure data for funds with a
tenure longer than one year.
JOINT STRIKE FIGHTER
In July 2022, the Department of Defense announced a
contract for F-35 Joint Strike Fighters (JSF) covering
production lots 15 through 17, corresponding to fiscal years
2021 through 2023. This contract encompasses 230 United
States aircraft previously appropriated by Congress or
requested in the fiscal year 2023 President's budget request.
Due to multiple factors, the cost of this contract exceeds
available and requested funds by $1,825,600,000 once all
relevant factors are considered, putting 19 aircraft at risk
of being lost. Through a combination of congressional
increases and excess funds transferred from elsewhere within
the JSF program, the agreement provides resources to cover
this shortfall, allowing for the restoration of all 19 at-
risk aircraft, including 11 F-35A, one F-35B, and seven F-35C
aircraft in fiscal year 2023 and prior years. The Program
Executive Officer (PEO), F-35 Joint Program Office (JPO) is
directed to report to the congressional defense committees,
not later than 90 days after the enactment of this Act, on
how these additional funds will be applied to the lot 15-17
contract.
In addition, it is noted that development and test
activities on the critical path for the Block 4 and TR-3
capability upgrades continue to experience repeated delays
and are jeopardizing the current timeline for planned
integration into lot 15 aircraft. The agreement therefore
directs the PEO, F-35 JPO to submit a report to the
congressional defense committees providing an updated
assessment of the Block 4 and TR-3 development programs, to
include an assessment of the critical paths to lot 15
integration and retrofit installation, not later than 30 days
after the enactment of this Act and written notification
following each subsequent breach in timeline for those
activities identified along the critical path.
BUDGET JUSTIFICATION DOCUMENTATION OF OVERSEAS OPERATIONS FUNDING
Section 8077 of H.R. 8236 directed specific details be
included in separate budget justification documents for cost
of the United States Armed Forces' participation in
contingency operations for the Military Personnel accounts;
the Operation and Maintenance accounts; the Procurement
accounts; and the Research, Development, Test, and Evaluation
accounts. The agreement does not include this provision. It
is acknowledged that creating base budget justification books
and a separate Overseas Operations Appendix is not only an
administrative burden, but may confuse the process, with some
stakeholders not being aware that the Appendix is a subset of
the baseline submission.
In lieu of a general provision prescribing the formulation
of the budget justification documents, the agreement directs
the Under Secretary of Defense (Comptroller) and the
Assistant Secretaries of the Army, Navy, and Air Force
(Financial Management and Comptroller) to work together with
the House and Senate Appropriations Committees to develop
clear guidance on how to account for both baseline and
contingency operations funding in the budget request exhibits
for all appropriations. Comptrollers are further directed to
begin discussions not later than 45 days after the enactment
of this Act and for the updated exhibits to be included in
the justification materials with the fiscal year 2025
President's budget request.
TITLE I--MILITARY PERSONNEL
The agreement provides $172,708,964,000 in Title I,
Military Personnel.
[[Page S8031]]
[GRAPHIC] [TIFF OMITTED] T9060C.001
[[Page S8032]]
SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023
-------------------------------------------------------------------------------
Fiscal year Change from
2022 Budget Request Final Bill Change from fiscal year
authorized request 2022
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength):
Army.......................... 485,000 473,000 452,000 -21,000 -33,000
Navy.......................... 346,920 346,300 354,000 7,700 7,080
Marine Corps.................. 178,500 177,000 177,000 0 -1,500
Air Force..................... 329,220 323,400 325,344 1,944 -3,876
Space Force................... 8,400 8,600 8,600 0 200
Total, Active Forces........ 1,348,040 1,328,300 1,316,944 -11,356 -31,096
Guard and Reserve Forces (End
Strength):
Army Reserve.................. 189,500 189,500 177,000 -12,500 -12,500
Navy Reserve.................. 58,600 57,700 57,000 -700 -1,600
Marine Corps Reserve.......... 36,800 33,000 33,000 0 -3,800
Air Force Reserve............. 70,300 70,000 70,000 0 -300
Army National Guard........... 336,000 336,000 325,000 -11,000 -11,000
Air National Guard............ 108,300 108,400 108,400 0 100
Total, Selected Reserve..... 799,500 794,600 770,400 -24,200 -29,100
-------------------------------------------------------------------------------
Total, Military Personnel... 2,147,540 2,122,900 2,087,344 -35,556 -60,196
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL OVERVIEW
The agreement provides the resources required for 1,316,944
active forces and 770,400 selected reserve forces in order to
meet operational needs for fiscal year 2023. The agreement
also provides the funding necessary to support a 4.6 percent
pay raise for all military personnel, effective January 1,
2023.
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 2023
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). This includes the
program increases for basic allowance for subsistence, basic
allowance for housing, dislocation allowance, basic needs
allowance and temporary lodging expense. 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 congressional
defense committees beginning not later than 30 days after the
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 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. It shall also include the
actuals and projections compared to the fiscal year 2023
President's budget request.
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.
ADVANCED TRAUMA AND PUBLIC HEALTH DIRECT TRAINING SERVICES FOR THE
NATIONAL GUARD
The Chiefs of the National Guard are directed to continue
pursuing state-of-the-art trauma training, critical care,
behavioral health, public health training and other
ancillary, direct training with civilian and international
partners. Further, the Chiefs of the National Guard are
directed to develop enhanced medical and critical care
preparedness programs in order to minimize civilian-military
and international coalition medical operational gaps in the
event of a catastrophic incident. These preparedness programs
shall be delivered through direct training services, to
include public health curriculums focusing on the
epidemiology of public health diseases, mass casualty triage,
advanced disaster and hazardous material life support,
emergency dental, and psychological health.
EXTREMISM IN THE MILITARY
In lieu of House language on extremism in the military, the
agreement directs the Secretary of Defense, not later than
120 days after the enactment of this Act, to 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.
AIR NATIONAL GUARD UNITS WITH SPACE MISSIONS
The Secretary of the Air Force is directed to provide a
report to the congressional defense committees detailing any
plans to transfer space missions, personnel, or equipment of
the Air National Guard to the Space Force. The report shall
be submitted not later than 30 days after the transfer
decision is made, shall include fiscal year 2024 cost
estimates through the future years defense program, the
rationale for the decision, an explanation of organizational
benefits, and any follow-on missions identified for the Air
National Guard units that are losing space elements following
the transfer. Further, the Secretary of the Air Force is
directed to certify in writing that such transfer is
consistent with the mission of the Space Force and will not
have an adverse impact on the Air National Guard.
MILITARY PERSONNEL, ARMY
The agreement provides $49,628,305,000 for Military
Personnel, Army, as follows:
[[Page S8033]]
[GRAPHIC] [TIFF OMITTED] T9060C.002
[[Page S8034]]
[GRAPHIC] [TIFF OMITTED] T9060C.003
[[Page S8035]]
MILITARY PERSONNEL, NAVY
The agreement provides $36,706,395,000 for Military
Personnel, Navy, as follows:
[[Page S8036]]
[GRAPHIC] [TIFF OMITTED] T9060C.004
[[Page S8037]]
[GRAPHIC] [TIFF OMITTED] T9060C.005
[[Page S8038]]
MILITARY PERSONNEL, MARINE CORPS
The agreement provides $15,050,088,000 for Military
Personnel, Marine Corps, as follows:
[[Page S8039]]
[GRAPHIC] [TIFF OMITTED] T9060C.006
[[Page S8040]]
[GRAPHIC] [TIFF OMITTED] T9060C.007
[[Page S8041]]
MILITARY PERSONNEL, AIR FORCE
The agreement provides $35,427,788,000 for Military
Personnel, Air Force, as follows:
[[Page S8042]]
[GRAPHIC] [TIFF OMITTED] T9060C.008
[[Page S8043]]
[GRAPHIC] [TIFF OMITTED] T9060C.009
[[Page S8044]]
MILITARY PERSONNEL, SPACE FORCE
The agreement provides $1,109,400,000 for Military
Personnel, Space Force, as follows:
[[Page S8045]]
[GRAPHIC] [TIFF OMITTED] T9060C.010
[[Page S8046]]
[GRAPHIC] [TIFF OMITTED] T9060C.011
[[Page S8047]]
RESERVE PERSONNEL, ARMY
The agreement provides $5,212,834,000 for Reserve
Personnel, Army, as follows:
[[Page S8048]]
[GRAPHIC] [TIFF OMITTED] T9060C.012
[[Page S8049]]
RESERVE PERSONNEL, NAVY
The agreement provides $2,400,831,000 for Reserve
Personnel, Navy, as follows:
[[Page S8050]]
[GRAPHIC] [TIFF OMITTED] T9060C.013
[[Page S8051]]
RESERVE PERSONNEL, MARINE CORPS
The agreement provides $826,712,000 for Reserve Personnel,
Marine Corps, as follows:
[[Page S8052]]
[GRAPHIC] [TIFF OMITTED] T9060C.014
[[Page S8053]]
RESERVE PERSONNEL, AIR FORCE
The agreement provides $2,457,519,000 for Reserve
Personnel, Air Force, as follows:
[[Page S8054]]
[GRAPHIC] [TIFF OMITTED] T9060C.015
[[Page S8055]]
NATIONAL GUARD PERSONNEL, ARMY
The agreement provides $9,232,554,000 for National Guard
Personnel, Army, as follows:
[[Page S8056]]
[GRAPHIC] [TIFF OMITTED] T9060C.016
[[Page S8057]]
NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement provides $4,913,538,000 for National Guard
Personnel, Air Force, as follows:
[[Page S8058]]
[GRAPHIC] [TIFF OMITTED] T9060C.017
[[Page S8059]]
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $278,075,177,000 in Title II,
Operation and Maintenance.
[[Page S8060]]
[GRAPHIC] [TIFF OMITTED] T9060C.018
[[Page S8061]]
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 2023
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:
Space operations
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
Army National Guard:
Base operations support
Facilities sustainment, restoration, and modernization
Management and operational headquarters
Air National Guard:
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-l budget activity, activity
group, and sub-activity group for each of the active,
defense-wide, reserve, and National Guard components. For
each O-l 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 2023 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.
REPORTING REQUIREMENT FOR FUEL COST INCREASE
The agreement recommends a funding increase to reflect
higher than anticipated fuel costs. The funding provided is a
congressional special interest item. The Secretary of Defense
and Service Secretaries are directed to submit a breakout of
the recommended fuel increase by appropriation, budget line
item, and OP-32 line item not later than 30 days after the
enactment of this Act.
JOINT ALL DOMAIN TRAINING CENTER
The Secretary of Defense, in coordination with the Chiefs
of the military services, is directed to provide a report to
the congressional defense committees, not later than 90 days
after the enactment of this Act, that details the
feasibility, potential locations and projected costs of
establishing a Joint All Domain Training Center in the
eastern half of the United States.
ENVIRONMENTAL RESTORATION PROGRAM TRANSPARENCY
The agreement provides an additional $520,730,000 for the
environmental restoration accounts to accelerate the cleanup
of hazardous substances, pollutants, and contaminants. The
Secretary of Defense and the Service Secretaries are directed
to provide a report on Environmental Restoration Program
implementation to the congressional defense committees not
later than 90 days after the enactment of this Act. The
report shall include an explanation of the evaluation
processes and criteria; and a spend plan for account
activities along with project location, funding history, and
total cost. Further, the Secretary of Defense and the Service
Secretaries are directed to provide quarterly budget
execution reports to the House and Senate Appropriations
Committees not later than 45 days after the enactment of this
Act.
DRINKING WATER CONTAMINATION
The agreement provides an additional $224,900,000 for the
Department of Defense and military services to remediate
contaminated drinking water caused by per- and
polyfluoroalkyl substances (PFAS). In communities where PFAS
has leeched into the groundwater used for drinking in
communities surrounding active and former military
installations, the Secretary of Defense and Service
Secretaries are directed to continue to prioritize mitigation
plans that remove these chemicals from the groundwater as
quickly and efficiently as possible. The Secretary of Defense
and the Service Secretaries are directed to provide a spend
plan to the House and Senate Appropriations Committees for
the additional funds not later than 90 days after the
enactment of this Act. Further, the Secretary of Defense and
the Service Secretaries are directed to include a separate
budget justification report on PFAS remediation and aqueous
film forming foam removal and disposal activities in the
operation and maintenance and environmental restoration
accounts to the congressional defense committees no later
than 30 days after the fiscal year 2024 President's budget
request is delivered to Congress that includes an updated
assessment of the entire funding requirement for those known
costs.
PERFLUOROOCTANE SULFONATE AND PERFLUOROOCTANOIC ACID EXPOSURE
ASSESSMENT
In lieu of related items directed under this heading in
House Report 117-388, the agreement directs the Assistant
Secretary of Defense for Energy, Installations, and
Environment to submit a report to the House and Senate
Appropriations Committees not later than 30 days after the
enactment of this Act on the Department's strategy to execute
the $20,000,000 provided for a study and assessment of the
health implications of perfluorooctane sulfonate (PFOS) and
perfluorooctanoic acid (PFOA) contamination in drinking
water. Further, as the Department conducts its exposure
assessment on all installations known to have PFOS/PFOA
drinking water contamination, the agreement directs the
Assistant Secretary of Defense for Energy, Installations, and
Environment to publicly release the measured levels of
contamination found at each installation.
OPERATION AND MAINTENANCE, ARMY
The agreement provides $59,015,977,000 for Operation and
Maintenance, Army, as follows:
[[Page S8062]]
[GRAPHIC] [TIFF OMITTED] T9060C.019
[[Page S8063]]
[GRAPHIC] [TIFF OMITTED] T9060C.020
[[Page S8064]]
[GRAPHIC] [TIFF OMITTED] T9060C.021
[[Page S8065]]
[GRAPHIC] [TIFF OMITTED] T9060C.022
[[Page S8066]]
OPERATION AND MAINTENANCE, NAVY
The agreement provides $68,260,046,000 for Operation and
Maintenance, Navy, as follows:
[[Page S8067]]
[GRAPHIC] [TIFF OMITTED] T9060C.023
[[Page S8068]]
[GRAPHIC] [TIFF OMITTED] T9060C.024
[[Page S8069]]
[GRAPHIC] [TIFF OMITTED] T9060C.025
[[Page S8070]]
[GRAPHIC] [TIFF OMITTED] T9060C.026
[[Page S8071]]
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 2024 President's 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 Coast
Guard ships.
SHIP MAINTENANCE
Despite the Navy's efforts to tackle barriers to on-time
ship maintenance, concerns about costs and schedules remain.
The agreement directs the following deliverables to keep the
congressional defense committees informed about efforts to
address maintenance challenges. The Secretary of the Navy
shall continue to provide the quarterly reports regarding
private contracted ship maintenance as directed in House
Report 116-453; submit the annual report on ship maintenance
required by section 1016 of Public Law 117-81 to the House
and Senate Appropriations Committees in conjunction with its
submission to the House and Senate Armed Services Committees;
and not later than 30 days after the enactment of this Act,
brief the House and Senate Appropriations Committees on the
Navy's formulation of a new funding model that is projecting
to cut submarine maintenance delays by 2026. This language
replaces the language under the heading ``Ship Maintenance''
in House Report 117-388.
LITTORAL COMBAT SHIP ALTERNATIVE USES
It is noted that despite repeated concerns from the
congressional defense committees, the Navy continues to
propose the decommissioning of many Littoral Combat Ships
well before the end of their useful service lives. However,
it is understood that the Navy is conducting studies on the
alternative uses of these platforms, including the future
integration of unmanned systems. It is noted and appreciated
that the Navy is taking these positive steps in utilizing
ships that were funded at great taxpayer expense. Therefore,
the Secretary of the Navy, not later than 30 days after the
enactment of this Act, is directed to submit a detailed
development plan, including the associated resourcing
requirements across the future year defense program, to the
congressional defense committees on these proposed
alternative uses. Further, the Secretary of the Navy is
directed to include funding for the modifications of these
ships in its fiscal year 2024 President's budget request.
OPERATION AND MAINTENANCE, MARINE CORPS
The agreement provides $9,891,998,000 for Operation and
Maintenance, Marine Corps, as follows:
[[Page S8072]]
[GRAPHIC] [TIFF OMITTED] T9060C.027
[[Page S8073]]
[GRAPHIC] [TIFF OMITTED] T9060C.028
[[Page S8074]]
OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $60,279,937,000 for Operation and
Maintenance, Air Force, as follows:
[[Page S8075]]
[GRAPHIC] [TIFF OMITTED] T9060C.029
[[Page S8076]]
[GRAPHIC] [TIFF OMITTED] T9060C.030
[[Page S8077]]
[GRAPHIC] [TIFF OMITTED] T9060C.031
[[Page S8078]]
[GRAPHIC] [TIFF OMITTED] T9060C.032
[[Page S8079]]
OPERATION AND MAINTENANCE, SPACE FORCE
The agreement provides $4,086,883,000 for Operation and
Maintenance, Space Force, as follows:
[[Page S8080]]
[GRAPHIC] [TIFF OMITTED] T9060C.033
[[Page S8081]]
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $49,574,779,000 for Operation and
Maintenance, Defense-Wide, as follows:
[[Page S8082]]
[GRAPHIC] [TIFF OMITTED] T9060C.034
[[Page S8083]]
[GRAPHIC] [TIFF OMITTED] T9060C.035
[[Page S8084]]
[GRAPHIC] [TIFF OMITTED] T9060C.036
[[Page S8085]]
[GRAPHIC] [TIFF OMITTED] T9060C.037
[[Page S8086]]
[GRAPHIC] [TIFF OMITTED] T9060C.038
[[Page S8087]]
QUARTERLY REPORTS ON 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. This language replaces the language
under the heading ``Guantanamo Bay Detention Facility'' in
House Report 117-388.
DEFENSE LANGUAGE AND NATIONAL SECURITY EDUCATION OFFICE
The agreement designates the funding included in the fiscal
year 2023 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.
PER DIEM RATES OUTSIDE OF THE CONTINENTAL UNITED STATES
The agreement directs a designee of the Secretary of
Defense to brief the House and Senate Appropriations
Committees not later than 90 days after the enactment of this
Act on how the Department will mitigate any impacts resulting
from outside of the continental United States per diem rates
that fall well below market rates in between normal rate
review cycles.
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 an
update on 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).
GREENHOUSE GAS EMISSIONS REPORT
In lieu of related items directed in House Report 117-388,
the agreement directs the Secretary of Defense to provide the
briefings requested under the heading ``Climate Change Report
and Adaptation Roadmap, Greenhouse Gas Emissions Report and
Fossil Fuels'' in Division C of the explanatory statement
accompanying the Consolidated Appropriations Act, 2022
(Public Law 117-103).
DEFENSE SECURITY COOPERATION AGENCY PROGRAMS
The agreement directs the Secretary of Defense to brief the
House and Senate Appropriations Committees not later than 90
days after the enactment of this Act on updates to the Baltic
Security Initiative's multi-year strategy and spend plan. The
agreement also directs the Secretary of Defense to brief the
House and Senate Appropriations Committees not later than 90
days after the enactment of this Act on the transition of the
Office of Security Cooperation-Iraq to a security cooperation
office by the end of fiscal year 2023.
The agreement directs the Secretary of Defense to brief the
House and Senate Appropriations Committees not later than 90
days after the enactment of this Act on efforts to make
security cooperation programs more integrated and strategic,
including through the Significant Security Cooperation
Initiative.
The agreement supports international security cooperation
programs with partner countries and continues language
requiring the Secretary of Defense to notify the
congressional defense committees in writing not less than 15
days prior to the obligation of funds. The agreement notes
with concern delays in the obligation, expenditure, and
execution of International Security Cooperation Programs and
directs the Director of the Defense Security Cooperation
Agency to review the implementation timelines for such
programs. The agreement further directs the Director to
provide a briefing to the House and Senate Appropriations
Committees not later than 60 days after the enactment of this
Act on this review and ways to effectively utilize the period
of availability of funding for these programs consistent with
congressional review and oversight requirements.
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 Department's
multi-year goals and objectives for the border security
program. The agreement also directs the Secretary to consult
with the House and Senate Appropriations Committees not later
than 45 days after the enactment of this Act on options to
increase the predictability of reimburse amounts for enhanced
border security.
The agreement provides funding for international security
cooperation programs with Central Asian countries to increase
border security and counter terrorist threats emanating from
Afghanistan by utilizing certain aircraft taken out of that
country. The Secretary of Defense shall consult with the
House and Senate Appropriations Committees not later than 60
days after the enactment of this Act on the disposition of
these aircraft and the costs of various courses of action
associated with a phased introduction of some of them to
partner countries. Furthermore, the Secretary of Defense
shall submit a report to the congressional defense committees
not later than 120 days after the enactment of this Act on
the goals and milestones for each program, information on
host nations capabilities and planned contributions, any
agreements and commitments made by host governments, plans to
ensure the graduation and sustainability of these programs,
and information on how these programs will be integrated with
related programs.
The agreement directs the Secretary of Defense to provide a
briefing to the House and Senate Appropriations Committees
not later than 30 days after the enactment of this Act on the
execution plan for the establishment of a Department of
Defense Irregular Warfare Functional Center.
CIVILIAN HARM MITIGATION AND RESPONSE
The agreement supports reforms to avoid, mitigate, and
respond to civilian harm and provides $41,750,000 to
implement the Department of Defense's Civilian Harm
Mitigation and Response Action Plan. The Secretary of Defense
shall submit a spend plan on the proposed use of funds to the
House and Senate Appropriations Committees not later than 45
days after the enactment of this Act.
The agreement includes sufficient funding for the Office of
the Secretary of Defense 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).
COUNTER-ISIS TRAIN AND EQUIP FUND
The agreement provides $475,000,000 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.......................... 358,015 315,000
Historical unobligated balances............. ........... -43,015
Syria Train and Equip......................... 183,677 160,000
Historical unobligated balances............. ........... -23,677
-------------------------
Total, Counter-ISIS Train and Equip Fund.. 541,692 475,000
------------------------------------------------------------------------
The agreement continues support funds 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 directs the Secretary of Defense to consult
with the House and Senate Appropriations Committees prior to
submitting any notification that includes fortification or
construction for detention facilities or internally displaced
persons camps and prohibits the use of funds under this
heading for any other construction activity. The agreement
also directs that such notifications include detailed
information on the scope of proposed projects and
contributions from foreign governments. 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 $3,206,434,000 for Operation and
Maintenance, Army Reserve, as follows:
[[Page S8088]]
[GRAPHIC] [TIFF OMITTED] T9060C.039
[[Page S8089]]
OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement provides $1,278,050,000 for Operation and
Maintenance, Navy Reserve, as follows:
[[Page S8090]]
[GRAPHIC] [TIFF OMITTED] T9060C.040
[[Page S8091]]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement provides $347,633,000 for Operation and
Maintenance, Marine Corps Reserve, as follows:
[[Page S8092]]
[GRAPHIC] [TIFF OMITTED] T9060C.041
[[Page S8093]]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement provides $3,700,800,000 for Operation and
Maintenance, Air Force Reserve, as follows:
[[Page S8094]]
[GRAPHIC] [TIFF OMITTED] T9060C.042
[[Page S8095]]
HOMESTEAD AIR RESERVE BASE
The Secretary of the Air Force is directed to provide a
report to the congressional defense committees that includes
an assessment of the impacts of civil aviation to military
readiness and military activity at Homestead Air Reserve
Base.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement provides $8,299,187,000 for Operation and
Maintenance, Army National Guard, as follows:
[[Page S8096]]
[GRAPHIC] [TIFF OMITTED] T9060C.043
[[Page S8097]]
[GRAPHIC] [TIFF OMITTED] T9060C.044
[[Page S8098]]
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement provides $7,382,079,000 for Operation and
Maintenance, Air National Guard, as follows:
[[Page S8099]]
[GRAPHIC] [TIFF OMITTED] T9060C.045
[[Page S8100]]
[GRAPHIC] [TIFF OMITTED] T9060C.046
[[Page S8101]]
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The agreement provides $16,003,000 for the United States
Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $324,500,000, an increase of
$128,256,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Army. Specifically,
$86,256,000 is provided as a general program increase,
$40,000,000 is provided for the Army and Army National Guard
to address costs associated with remediating contamination
caused by per- and polyfluoroalkyl substances, and $2,000,000
is provided for Restoration Advisory Boards.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $400,113,000, an increase of
$40,765,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Navy. Specifically,
$30,765,000 is provided as a general program increase and
$10,000,000 is provided to address costs associated with
remediating contamination caused by per- and polyfluoroalkyl
substances.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $573,810,000, an increase of
$259,336,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Air Force.
Specifically, $124,336,000 is provided as a general program
increase, $133,000,000 is provided for the Air Force and Air
National Guard to address costs associated with remediating
contamination caused by per- and polyfluoroalkyl substances,
and $2,000,000 is provided for Restoration Advisory Boards.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The agreement provides $10,979,000, an increase of
$2,055,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $317,580,000, an increase of
$90,318,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Formerly Used Defense
Sites. Specifically, $65,318,000 is provided as a general
program increase, $20,000,000 is provided for the Military
Munitions Response Program, and $5,000,000 is provided to
address costs associated with remediating contamination
caused by per- and polyfluoroalkyl substances.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $170,000,000 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 25,000
Program increase............................ ........... 5,000
HUMANITARIAN ASSISTANCE....................... 77,800 120,000
Program increase............................ ........... 42,200
HUMANITARIAN MINE ACTION PROGRAM.............. 15,000 25,000
Program increase............................ ........... 10,000
-------------------------
Total, Overseas Humanitarian, Disaster, 112,800 170,000
and Civic Aid............................
------------------------------------------------------------------------
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $351,598,000 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.......... 6,859 6,859
Chemical Weapons Destruction.................. 14,998 14,998
Global Nuclear Security....................... 18,088 18,088
Biological Threat Reduction Program........... 225,000 235,000
Program increase--Biological Threat ........... 10,000
Reduction Program..........................
Proliferation Prevention Program.............. 45,890 45,890
Other Assessments/Admin Costs................. 30,763 30,763
-------------------------
Total, Cooperative Threat Reduction 341,598 351,598
Account..................................
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
The agreement provides $111,791,000 for the Department of
Defense Acquisition Workforce Development Account, as
follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
Recruiting and Hiring......................... 1,444 1,444
Program increase--diversity STEM talent ........... 3,000
development................................
Training and Development...................... 50,952 50,952
Retention and Recognition..................... 1,395 1,395
UNDIST--Program increase--Defense Civilian 0 50,000
Training Corps...............................
UNDIST--Program increase--congressional 0 5,000
mandates.....................................
-------------------------
Total, DOD Acquisition Workforce 53,791 111,791
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 2024 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 2024 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 $162,241,330,000 in Title III,
Procurement, as follows:
[[Page S8102]]
[GRAPHIC] [TIFF OMITTED] T9060C.047
[[Page S8103]]
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.
AIRCRAFT PROCUREMENT, ARMY
The agreement provides $3,847,834,000 for Aircraft
Procurement, Army, as follows:
[[Page S8104]]
[GRAPHIC] [TIFF OMITTED] T9060C.048
[[Page S8105]]
[GRAPHIC] [TIFF OMITTED] T9060C.049
[[Page S8106]]
MISSILE PROCUREMENT, ARMY
The agreement provides $3,848,853,000 for Missile
Procurement, Army, as follows:
[[Page S8107]]
[GRAPHIC] [TIFF OMITTED] T9060C.050
[[Page S8108]]
[GRAPHIC] [TIFF OMITTED] T9060C.051
[[Page S8109]]
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement provides $4,505,157,000 for Procurement of
Weapons and Tracked Combat Vehicles, Army, as follows:
[[Page S8110]]
[GRAPHIC] [TIFF OMITTED] T9060C.052
[[Page S8111]]
[GRAPHIC] [TIFF OMITTED] T9060C.053
[[Page S8112]]
PROCUREMENT OF AMMUNITION, ARMY
The agreement provides $2,770,120,000 for Procurement of
Ammunition, Army, as follows:
[[Page S8113]]
[GRAPHIC] [TIFF OMITTED] T9060C.054
[[Page S8114]]
[GRAPHIC] [TIFF OMITTED] T9060C.055
[[Page S8115]]
ARMY AMMUNITION PLANT MODERNIZATION
The agreement recommends an additional $200,000,000 to
accelerate Army Ammunition Plant modernization programs in
fiscal year 2023. The agreement further directs that none of
these funds may be obligated or expended until 30 days after
the Secretary of the Army provides a detailed spend plan to
the congressional defense committees detailing planned
obligations by project, to include any changes from prior
year spend plans. Further, with submission of the fiscal year
2024 President's budget request, the Secretary of the Army is
directed to submit an updated Army Ammunition Plant
Modernization Plan that clearly identifies modernization
requirements that are funded in the fiscal year 2024 budget
request, requirements planned for inclusion in the future
years defense program, and requirements that remain unfunded.
OTHER PROCUREMENT, ARMY
The agreement provides $8,668,148,000 for Other
Procurement, Army, as follows:
[[Page S8116]]
[GRAPHIC] [TIFF OMITTED] T9060C.056
[[Page S8117]]
[GRAPHIC] [TIFF OMITTED] T9060C.057
[[Page S8118]]
[GRAPHIC] [TIFF OMITTED] T9060C.058
[[Page S8119]]
[GRAPHIC] [TIFF OMITTED] T9060C.059
[[Page S8120]]
[GRAPHIC] [TIFF OMITTED] T9060C.060
[[Page S8121]]
[GRAPHIC] [TIFF OMITTED] T9060C.061
[[Page S8122]]
[GRAPHIC] [TIFF OMITTED] T9060C.062
[[Page S8123]]
AIRCRAFT PROCUREMENT, NAVY
The agreement provides $19,031,864,000 for Aircraft
Procurement, Navy, as follows:
[[Page S8124]]
[GRAPHIC] [TIFF OMITTED] T9060C.063
[[Page S8125]]
[GRAPHIC] [TIFF OMITTED] T9060C.064
[[Page S8126]]
[GRAPHIC] [TIFF OMITTED] T9060C.065
[[Page S8127]]
[GRAPHIC] [TIFF OMITTED] T9060C.066
[[Page S8128]]
WEAPONS PROCUREMENT, NAVY
The agreement provides $4,823,113,000 for Weapons
Procurement, Navy, as follows:
[[Page S8129]]
[GRAPHIC] [TIFF OMITTED] T9060C.067
[[Page S8130]]
[GRAPHIC] [TIFF OMITTED] T9060C.068
[[Page S8131]]
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement provides $920,884,000 for Procurement of
Ammunition, Navy and Marine Corps, as follows:
[[Page S8132]]
[GRAPHIC] [TIFF OMITTED] T9060C.069
[[Page S8133]]
[GRAPHIC] [TIFF OMITTED] T9060C.070
[[Page S8134]]
SHIPBUILDING AND CONVERSION, NAVY
The agreement provides $31,955,124,000 for Shipbuilding and
Conversion, Navy, as follows:
[[Page S8135]]
[GRAPHIC] [TIFF OMITTED] T9060C.071
[[Page S8136]]
[GRAPHIC] [TIFF OMITTED] T9060C.072
[[Page S8137]]
SUBMARINE CONSTRUCTION PERFORMANCE
The agreement fully supports the fiscal year 2023
President's budget request for the Columbia class submarines
(CLB) and the Virginia class submarines (VCS), but notes
continued concern over both the VCS construction cost and
schedule performance and CLB schedule variances. The
agreement further notes that for the first time since fiscal
year 2010, the budget request includes funds for cost
overruns for VCS program construction-related performance
overruns. Therefore, to ensure transparency of future cost
and schedule estimates, the Secretary of the Navy is directed
to submit to the congressional defense committees the most
current cost and schedule estimates, by submarine, with the
submission of future President's budget requests. The report
shall also include detailed explanations for all submarines
not fully resourced to the Navy's cost estimate and all
projected cost-to-complete requirements for previously
authorized and appropriated submarines.
SUBMARINE INDUSTRIAL BASE
The agreement provides $541,000,000 in Columbia class
submarine and $207,000,000 in the Industrial Base Analysis
and Sustainment (IBAS) program to strengthen the submarine
industrial base (SIB) to fund supplier development, shipyard
infrastructure, strategic outsourcing, workforce development,
and technology opportunities. The Secretary of the Navy is
directed to submit a report to the congressional defense
committees not later than 60 days after the enactment of this
Act detailing how SIB and IBAS funding will be allocated to
industry partners, state and local entities, and other
partners, and clearly articulate how these investments will
enable serial submarine production.
DOMESTIC SOURCE CONTENT FOR NAVY SHIPBUILDING
The Secretary of the Navy is directed to submit to the
congressional defense committees a report assessing the
domestic source content of any procurements carried out as
part of a Navy shipbuilding program, identifying critical
components that are available from only one or a few
suppliers in the United States, and providing recommendations
to expand productive capacity in the United States with the
submission of the fiscal year 2024 President's budget
request. Additionally, the Secretary shall establish an
information repository for the collection of supplier
information that can be used for continuous data analysis and
program management activities.
OTHER PROCUREMENT, NAVY
The agreement provides $12,138,590,000 for Other
Procurement, Navy, as follows:
[[Page S8138]]
[GRAPHIC] [TIFF OMITTED] T9060C.073
[[Page S8139]]
[GRAPHIC] [TIFF OMITTED] T9060C.074
[[Page S8140]]
[GRAPHIC] [TIFF OMITTED] T9060C.075
[[Page S8141]]
[GRAPHIC] [TIFF OMITTED] T9060C.076
[[Page S8142]]
[GRAPHIC] [TIFF OMITTED] T9060C.077
[[Page S8143]]
[GRAPHIC] [TIFF OMITTED] T9060C.078
[[Page S8144]]
[GRAPHIC] [TIFF OMITTED] T9060C.079
[[Page S8145]]
DDG 51 LIGHTWEIGHT ADVANCED DEGAUSSING MINE PROTECTION SYSTEM
The agreement recognizes section 124 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81) and urges the Secretary of the Navy to keep the
congressional defense committees apprised of plans to meet
this requirement.
PROCUREMENT, MARINE CORPS
The agreement provides $3,669,510,000 for Procurement,
Marine Corps, as follows:
[[Page S8146]]
[GRAPHIC] [TIFF OMITTED] T9060C.080
[[Page S8147]]
[GRAPHIC] [TIFF OMITTED] T9060C.081
[[Page S8148]]
[GRAPHIC] [TIFF OMITTED] T9060C.082
[[Page S8149]]
AIRCRAFT PROCUREMENT, AIR FORCE
The agreement provides $22,196,175,000 for Aircraft
Procurement, Air Force, as follows:
[[Page S8150]]
[GRAPHIC] [TIFF OMITTED] T9060C.083
[[Page S8151]]
[GRAPHIC] [TIFF OMITTED] T9060C.084
[[Page S8152]]
[GRAPHIC] [TIFF OMITTED] T9060C.085
[[Page S8153]]
[GRAPHIC] [TIFF OMITTED] T9060C.086
[[Page S8154]]
[GRAPHIC] [TIFF OMITTED] T9060C.087
[[Page S8155]]
F-15EX
The agreement includes $2,317,368,000 for 24 F-15EX
aircraft, a reduction of $104,980,000 and the same number of
aircraft included in the request. The agreement directs the
Secretary of the Air Force to procure the full number of
aircraft appropriated by the agreement and to apply the
funding reduction to initial spares and other support costs
as indicated by the table titled ``Explanation of Project
Level Adjustments'' included under this account heading. The
agreement is based on the understanding that the Air Force
will not award the production of these aircraft through an
undefinitized contractual action as has been the practice for
prior lots of aircraft. This language replaces the language
under this heading in House Report 117-388.
POLAR TACTICAL AIRLIFT
The Air National Guard currently maintains and operates a
fleet of LC-130H aircraft that provide assured access to the
polar regions in support of Presidential Decision Memorandum
6646 and the United States Northern Command's (USNORTHCOM)
mission requirements. The agreement notes that these aircraft
possess approximately 15 years of service life and are being
upgraded with advanced avionics and propulsion. Given the
ever-increasing importance of the polar regions in our
National Defense Strategy, and our adversaries' excursion
into those regions, the Congress believes that this vital
capability must be maintained, modernized, and eventually
replaced in an appropriate and timely fashion.
The agreement therefore directs the Secretary of the Air
Force to begin the requirements definition process for the
follow-on aircraft to fulfill the polar tactical airlift
mission set and provides an additional $1,000,000 in
Operation and Maintenance, Air Force to conduct the studies
and analyses to inform those requirements. The agreement
further directs the Secretary of the Air Force, in
coordination with the Commander, USNORTHCOM and Director, Air
National Guard, to submit to the congressional defense
committees, not later than 120 days following the enactment
of this Act, an initial cost estimate and capabilities review
of C-130J aircraft and the associated modifications to
fulfill the polar tactical airlift mission set.
CLASSIC ASSOCIATIONS
The agreement notes that pending the resolution and passage
of the National Defense Authorization Act for Fiscal Year
2023, the Secretary of the Air Force may develop a plan to
transfer KC-135 aircraft to air refueling wings of the Air
National Guard that are operating as classic associations
with active duty units of the Air Force. The agreement
therefore directs the Secretary of the Air Force to provide a
copy of the plan and the associated implementation costs by
appropriation and budget line item across the future years
defense program to the House and Senate Appropriations
Committees.
TRUNCATION OF EXISTING PRODUCTION PROGRAMS
The fiscal year 2023 President's budget request includes
ten Combat Rescue Helicopters (CRH), which is less than the
20 CRH previously planned. The agreement therefore recommends
an additional $570,000,000 for ten additional CRH and
associated spares. It is concerning that in the fiscal year
2023 President's budget submission both the F-15EX and CRH
programs have been truncated across the future years defense
program (FYDP) well below their stated acquisition
objectives. The revised strategy sees the F-15EX planned
procurement objective reduced from 144 to 80 aircraft and the
CRH procurement objective reduced from 113 to 75 aircraft.
Both programs are in the relatively early stages of
production and provide modern capabilities, but the new
strategy ends CRH production after this fiscal year and F-
15EX production after fiscal year 2024.
While trade-offs occur to support force readiness and
modernization, truncating programs that only recently
transitioned into production and were hailed as supporting
critical Air Force missions, such as personnel recovery and
future tactical air, calls into question the strategic
underpinning of these and other acquisition decisions. The
reduction in the F-15EX program, for example, leaves in doubt
the status and future of F-15C/D units, several of which are
housed in the Air National Guard. The agreement therefore
directs the Secretary of the Air Force to submit a report to
the congressional defense committees, concurrent with
submission of the fiscal year 2024 President's budget
request, that provides a list of all aircraft procurement
programs that are being truncated across the FYDP, to include
F-15EX and CRH. The report shall include an assessment of the
operational impacts of the decision, strategic basing
impacts, cost avoidance by fiscal year, quantity change, and
the rationale for truncation.
F-15EX CONFORMAL FUEL TANKS
Conformal fuel tanks (CFT) have the capacity to extend the
range and increase the lethality of F-15EX aircraft. The
Secretary of the Air Force is directed to submit a report to
the congressional defense committees not later than 90 days
after the enactment of this Act on the Air Force's plans to
equip F-15EX aircraft with CFT, including the potential
procurement of new CFT that are in production.
MISSILE PROCUREMENT, AIR FORCE
The agreement provides $2,999,346,000 for Missile
Procurement, Air Force, as follows:
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PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement provides $857,722,000 for Procurement of
Ammunition, Air Force, as follows:
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OTHER PROCUREMENT, AIR FORCE
The agreement provides $28,034,122,000 for Other
Procurement, Air Force, as follows:
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BUDGET EXHIBITS
The Assistant Secretary of the Air Force (Financial
Management and Comptroller) is directed 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 years 2022 and 2023, with the fiscal
year 2024 President's budget request.
PROCUREMENT, SPACE FORCE
The agreement provides $4,462,188,000 for Procurement,
Space Force, as follows:
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NATIONAL SECURITY SPACE LAUNCH
The agreement directs the Secretary of Defense and the
Director of National Intelligence to utilize the Space Force
launch enterprise phase 2 contract for National Security
Space Launch class missions unless they certify to the
congressional defense and intelligence committees that
commercial launch or delivery on orbit procurement for a
designated mission is in the national security interest of
the government and outline the rationale for such a
determination.
PROTECTED WIDEBAND SATELLITE
The agreement includes $442,000,000 to procure a protected
wideband satellite to provide resilient, jam resistant
tactical communications to support warfighter needs. The
agreement directs the Secretary of the Air Force to provide a
funding plan for launch and operation and maintenance
activities to the congressional defense committees not later
than 90 days after the enactment of this Act.
PROCUREMENT, DEFENSE-WIDE
The agreement provides $6,139,674,000 for Procurement,
Defense-Wide, as follows:
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DEFENSE PRODUCTION ACT PURCHASES
The agreement provides $372,906,000 for Defense Production
Act Purchases, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(in thousands of dollars)
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT PURCHASES........ 659,906 372,906
Undistributed reduction............... .............. -350,000
Program increase--critical minerals .............. 10,000
recycling............................
Program increase--domestic aluminum .............. 23,000
casting..............................
Program increase--heavy forging .............. 15,000
capacity improvement program.........
Program increase--graphite, colbalt, .............. 15,000
and platinum mining feasibility
studies..............................
Total Defense Production Act 659,906 372,906
Purchases..........................
------------------------------------------------------------------------
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $1,000,000,000 for National Guard
and Reserve Equipment, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
ARMY NATIONAL GUARD..................... 0 335,000
Program increase--miscellaneous 0 335,000
equipment............................
AIR NATIONAL GUARD...................... 0 305,000
Program increase--miscellaneous .............. 305,000
equipment............................
ARMY RESERVE............................ 0 137,000
Program increase--miscellaneous 0 137,000
equipment............................
NAVY RESERVE............................ 0 55,000
Program increase--miscellaneous 0 55,000
equipment............................
MARINE CORPS RESERVE.................... 0 18,000
Program increase--miscellaneous 0 18,000
equipment............................
AIR FORCE RESERVE....................... 0 150,000
Program increase--miscellaneous 0 150,000
equipment............................
Total, National Guard and Reserve 0 1,000,000
Equipment..........................
------------------------------------------------------------------------
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement includes an appropriation of $1,000,000,000.
Of that amount, $335,000,000 is for the Army National Guard;
$305,000,000 is for the Air National Guard; $137,000,000 is
for the Army Reserve; $55,000,000 is for the Navy Reserve;
$18,000,000 is for the Marine Corps Reserve; and $150,000,000
is for the Air Force Reserve to meet urgent equipment needs
in the coming fiscal year. The agreement includes direction
for the component commanders of the Army Reserve, Marine
Forces Reserve, Air Force Reserve, Army National Guard, and
Air National Guard to submit to the congressional defense
committees a detailed assessment of their component's
modernization priorities, not later than 30 days after the
enactment of this Act.
The Secretary of Defense is directed to ensure that the
National Guard and Reserve Equipment Account is executed by
the Chiefs of the National Guard and reserve components with
priority consideration given to the following items: acoustic
hailing devices; airfield lighting system; aviation status
dashboard; containerized ice making systems; crash-worthy
ballistically tolerant auxiliary fuel systems; degraded
visual environment systems; gamma radiation protection;
integration of aluminum mesh secondary combustion ignition
prevention technology for combat and logistics vehicle fuel
tanks; KC-135 Aircraft Emergency Response Refuel Equipment
Kit to enable forward area refueling/defueling systems; land
surveying systems; lightweight, rapidly deployable, computer-
based artillery call for fire training and simulation;
modular small arms ranges and small arms training simulators
and tools; pilot physiological monitoring systems;
radiological screening portals; small unmanned aerial systems
and tethered drones; software defined radios; special tactics
squadrons and joint terminal attack controllers tethered
drone; tactical rinse systems; UH-72A/B security and support
mission equipment modernization; upgraded commercial-off-the-
shelf ground mapping for C-130 aircraft; and vehicle-mounted
and man-portable radiological nuclear detection systems.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $139,760,526,000 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 agreements
Pursuant to section 873 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), as amended by section 819 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
and the Joint Explanatory Statement accompanying the
Department of Defense and Labor, Health and Human Services,
and Education Appropriations Act for 2019 (Public Law 115-
245), the Department of Defense is required to meet annual
and quarterly reporting requirements on the use of Other
Transaction Authority (OTA). The agreement notes the
continued importance of this reporting requirement,
particularly given the lack of fidelity within the Department
on execution of OTAs and the wide discrepancy in utilization
rates. This continues to raise concerns on the efficacy of
existing guidance in normalizing the use of OTAs going
forward.
Therefore, the agreement directs the Under Secretary of
Defense for Acquisition and Sustainment to continue the
previously established reporting requirements. Further, the
agreement directs the Under Secretary of Defense for
Acquisition and Sustainment, not later than 60 days following
the enactment of this Act, to submit a report to the
congressional defense committees on the Department's use of
OTA agreements in fiscal year 2022, to include an analysis of
the relative success rates of follow-on production contracts
initiated after the conclusion of initial OTA agreements in
comparison to lessons learned from conventional Federal
Acquisition Regulation-based acquisitions.
reporting on mid-tier acquisition and rapid prototyping programs
The agreement notes support for efforts to deliver
capability to the warfighter at an accelerated pace, such as
through use of acquisition authorities and contracting
strategies provided in National Defense Authorization Acts
for the rapid development, rapid prototyping, rapid
acquisition, accelerated acquisition, and middle-tier
acquisition (``section 804'') of warfighter capabilities. The
agreement notes that the spectrum of programs using these
types of acquisition authorities ranges from small programs
that have already deployed prototypes, to programs that by
virtue of their scope and cost would otherwise be subject to
reporting requirements and acquisition regulations applicable
to traditional major acquisition category I programs. The
agreement notes the Department of Defense's continued use of
such acquisition authorities, and concern remains over the
lack of standard acquisition information provided for such
programs with the budget request, to include independent cost
estimates, technology and manufacturing readiness
assessments, and test and evaluation master plans. This is of
particular concern as programs increase the use of
acquisition strategies that utilize both rapid prototyping
and rapid fielding authorities sequentially, together
resulting in a ten-year acquisition program, or by purchasing
excessive numbers of end-items under the rapid prototyping
authorities for eventual fielding, rather than only procuring
the number of units required for testing. Further, there is
remaining concern that the Services' growing trend toward
procuring de facto operational assets via prototyping
acquisitions may limit the Services' ability to successfully
manage their acquisition programs in the long-term by
eliminating the full understanding of 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, there is concern that budgeting for
these de facto end-items incrementally with research and
development appropriations instead of fully funding them with
procurement appropriations obfuscates costs and limits
transparency and visibility into Services' procurement
efforts. Therefore, the agreement modifies section 8059 of
this Act, further defining instances in which end-item
procurement can be conducted with research and development
funding.
The Under Secretaries of Defense for Research and
Engineering and Acquisition and Sustainment, in coordination
with the Service acquisition executives for the Army, Navy,
Air Force, and Space Force, are directed to provide to the
congressional defense committees with submission of the
fiscal year 2024 President's budget request a complete list
of approved acquisition programs, and programs pending
approval in fiscal year 2024, 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
Assistant Secretaries (Financial Management and Comptroller)
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 2024 President's budget request,
including their test strategies; finally, the Director,
Operational Test and Evaluation, is directed to certify to
the congressional defense committees the appropriateness of
the Services' planned test strategies for such programs, to
include a risk assessment. To the extent that the respective
Service acquisition executives, Services' financial manager
and comptrollers, and Director, Operational Test and
Evaluation, provided the information requested above with
submission of the fiscal year 2023 President's budget, any
variations therefrom should be included with the fiscal year
2024 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.
software and digital technology pilot programs
The fiscal year 2023 President's budget request includes
ten new programs for inclusion in the Software and Digital
Technology Pilot Programs funded in Budget Activity Eight (BA
08) within the research, development, test and evaluation
accounts, established in fiscal year 2021. This is an
increase over the five new programs requested, but not
approved, in the fiscal year 2022 budget request.
The agreement again acknowledges the Department's rationale
regarding the incremental technical challenges posed by
modern software development practices, including implementing
technical fixes to existing code, addressing cyber
vulnerabilities, and integrating incrementally developed new
capabilities. However, the Congress maintains its position
that objective quantitative and qualitative evidence is
required to evaluate the ongoing approved pilot programs
prior to considering an expansion of programs funded under BA
08. Reporting requirements outlined in the Joint Explanatory
Statement accompanying the Department of Defense
Appropriations Act, 2021 (Public Law 116-260) have not been
submitted to the congressional defense committees on a timely
basis and have not yet provided a baseline for analyzing the
effectiveness of the pilot programs compared to traditional
appropriation practices. Reports received to date indicate
that the Department is still implementing methods to capture
the appropriate data that would allow an objective analysis
for how a single budget activity improves the performance of
software pilot programs. Therefore, the agreement recommends
maintaining the Software and Digital Technology Pilot
Programs in their current form, as detailed in title VIII of
this Act. The recommendation transfers funds for programs
requested as BA 08 new starts in fiscal year 2023 to their
historical appropriation accounts for execution, as detailed
in the appropriate Explanation of Project Level Adjustments
tables. Further, the agreement encourages the Secretary of
Defense to refrain from submitting additional BA 08 pilot
programs in future budget submissions until the Department
has demonstrated its ability to collect quantitative data on
the performance improvements provided by the pilot program.
As detailed in the reporting requirements outlined in the
Joint Explanatory Statement accompanying the Department of
Defense Appropriations Act, 2021 (Public Law 116-
[[Page S8175]]
260), and Department of Defense Appropriations Act, 2022
(Public Law 117-103), the Secretary of Defense shall submit
quarterly reports to the congressional defense committees
detailing the Department's assessment for each of the
programs included in title VIII. 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; and an
assessment of prior year BA 08 execution by activity compared
to planned execution in the respective budget request.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement provides $17,150,141,000 for Research,
Development, Test and Evaluation, Army, as follows:
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serial bus cyber vulnerabilities
Army weapons platforms require cyber resilience as a key
performance parameter of system survivability especially in
compromised or contested cyber environments. To meet this
requirement, the agreement encourages the Secretary of the
Army to implement technology solutions on existing platforms,
such as Stryker vehicles, as well as new weapons systems,
that will develop, integrate, and demonstrate secure
communication technologies using secure digital bus
subsystems while minimizing performance degradation. These
technology solutions are especially critical to the
resiliency and survivability of weapons platforms that
implement common bus dependent architectures like Modular
Open Systems Approach, while operating in cyber-contested
environments. Army labs and centers within Army Futures
Command, Combat Capabilities Development Command, along with
affiliated industry partners, possess the competencies and
infrastructure to enable maturation and transition of such
technologies to weapon system program managers.
robotic combat vehicle-medium
The Department of Defense Appropriations Act, 2022 provided
$20,000,000 to procure additional Robotic Combat Vehicle--
Medium (RCV-M) test assets for experimentation by U.S. Army
Forces Command (FORSCOM) via soldier evaluations at the
company level. The agreement recognizes the importance of
such experimentation in shaping future doctrine, concepts of
operation, tactics, techniques, and procedures, and
requirements for follow-on robotic platforms and therefore
directs the Secretary of the Army, through FORSCOM, to
utilize all available RCV-M assets in the aforementioned
experiments.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement provides $26,017,309,000 for Research,
Development, Test and Evaluation, Navy, as follows:
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ultra-long endurance unmanned aerial systems
The agreement notes that the Geographic Combatant Commands
have a requirement for persistent airborne intelligence,
surveillance, and reconnaissance platforms that is not being
fully met by existing unmanned aerial systems (UAS).
Therefore, the Chief of Naval Research is directed to provide
a report to the congressional defense committees, not later
than 90 days following the enactment of this Act, that
identifies research and development activities for ultra-long
endurance attritable group III UAS, along with a resourcing
profile associated with these efforts, and identification of
any additional areas in need of investment.
guidance and navigation systems for 81mm mortar rounds
Recent battlefield lessons underscore the importance of
mobile precision fires on modern battlefields. Over the past
decade, Congress has appropriated significant funds for the
development of guidance systems that can be utilized on
existing munition rounds, to include 81mm mortars, 155mm
howitzers, and Naval 5-inch guns. The agreement notes that
recently, the 81mm mortar precision guidance kit was tested
by the Marine Corps from an unmanned aerial system. Further,
the agreement notes that maturation of the prototype guidance
system to operate in a GPS-denied environment is technically
achievable and feasible. Therefore, the Under Secretary of
Defense (Comptroller) is directed to provide a plan, not
later than 60 days after the enactment of this Act, for
technology maturation and potential fielding of this
capability by one or more of the services.
large displacement unmanned undersea vehicle program
The agreement notes that the fiscal year 2023 President's
budget request did not include funding for the Snakehead
Large Displacement Unmanned Undersea Vehicle (LDUUV) program
and proposes a divestment from the platform including all
planned procurements in the future years defense program
(FYDP) following the Department's decision to reprogram
fiscal year 2022 programmatic funds. The agreement further
notes that there have been significant advancements in
commercially available unmanned undersea vehicle (UUV)
technology since the inception of the Snakehead LDUUV
program. The Secretary of the Navy is encouraged to
prioritize advancements in autonomy, endurance, and multi-
mission payload capability now available in the commercial
LDUUV sector.
Consistent with the Navy's goal of delivering these
significant advantages in the undersea domain to the fleet,
the Secretary of the Navy, in consultation with the Chief of
Naval Operations and the Assistant Secretary of the Navy
(Research, Development, and Acquisition), is encouraged to
integrate available commercial LDUUV platforms into the test
and evaluation schedule for UUVs. The Secretary of the Navy
is further encouraged to integrate commercially available UUV
technology into Navy and Marine Corps concept of operations
development and resourcing, procurement, and fielding plans
over the FYDP.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement provides $44,946,927,000 for Research,
Development, Test and Evaluation, Air Force, as follows:
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TRANSFORMATIONAL CAPABILITIES
The agreement transfers the Transformational Technology
Development activities in the Advanced Technology Development
budget activity to the Future AF Integrated Technology Demos
line, program element 0603032F, to provide a more complete
picture of the Vanguard program. The Secretary of the Air
Force is directed to provide detailed justifications of
critical tasks under the Vanguard program with the submission
of the fiscal year 2024 President's budget request.
PROVIDING BUDGETARY FIDELITY IN THE TECH TRANSITION PROGRAM
The Secretary of the Air Force is directed to retain the
program element structure established in the table titled
``explanation of project level adjustments'' included under
this account heading for Tech Transition Program; AFWERX
Prime; Nuclear Command, Control and Communications (NC3); and
Rapid Defense Experimentation Reserve in the fiscal year 2024
President's budget request.
ADVANCED ENGINE DEVELOPMENT
The Secretary of the Air Force is directed to retain
separate program elements for the Adaptive Engine Transition
Program and Next Generation Adaptive Propulsion programs in
the fiscal year 2024 President's budget request.
AFWERX
The agreement supports AFWERX as a novel acquisition
approach to accelerate development of emerging technology and
encourages the Secretary of the Air Force to expand the
program into new focus areas such as supersonic flight.
DEPARTMENT OF DEFENSE PARTNERSHIP INTERMEDIARY
The agreement supports increased use of a Department of
Defense Partnership Intermediary as defined in 15 U.S.C.
3715, to seek out, assess and engage non-traditional small
business vendors into the Department's development and
acquisition efforts. The effort should engage a Partnership
Intermediary with a successful history of leveraging non-
Department of Defense networks and using innovative means to
seek out, identify, qualify, and help to interest new and
non-traditional small business and manufacturers in sharing
their innovations and doing business with the Department.
Expanding the availability of highly qualified non-
traditional manufacturers within the Department of Defense's
support base will save money for the taxpayer and the
Department of Defense, broaden the national industrial base,
and bring improved solutions and equipment to the warfighter
faster.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE
The agreement provides $16,631,377,000 for Research,
Development, Test and Evaluation, Space Force, as follows:
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SPACE FORCE PROGRAM AFFORDABILITY AND EXECUTABILITY
The agreement notes that the budget projection provided
with the fiscal year 2023 Space Force request is currently
anticipated to remain flat and declining over the next five
years, even though the Space Force is proposing ambitious
plans for new architectures, programs, and mission areas.
This apparent mismatch between program scope and overall
budget resources raises concerns about the degree to which
serious analysis or long-term planning has been done to
assess the realism and affordability of its portfolio of
programs. Therefore, the agreement directs the Secretary of
the Air Force, through the Assistant Secretary of the Air
Force for Space Acquisition and Integration, to provide the
House and Senate Appropriations Committees with a briefing,
including supporting analysis, an assessment of risks, and
risk management plans, not later than February 1, 2023, on
the projected cost, affordability, and executability of the
full portfolio of classified and unclassified programs and
activities funded in the Space Force accounts.
MISSILE WARNING-MISSILE TRACKING LIFE-CYCLE COST
The fiscal year 2023 President's budget request includes
more than $4,500,000,000 for missile warning-related programs
for both legacy missile warning programs and smaller, more
proliferated architectures in medium and low-earth orbit as
part of the Resilient Missile Warning/Missile Tracking
program. While the agreement strongly supports the pivot to a
more proliferated and diverse architecture of smaller
satellites, the Space Force has not provided sufficient
information on the expected life-cycle cost of the new
architecture; the cost to recapitalize a proliferated
architecture every three to five years; potential risks and
challenges in the supply chain; the ability of the Space
Force to scale up capabilities to command and control a much
larger number of satellites; and the applicability and
ability to meet stringent requirements for missile warning
certification, cybersecurity, and resilience against
reversible and irreversible kinetic and non-kinetic attacks.
Therefore, the agreement directs the Director, Cost
Assessment and Program Evaluation, to develop a life-cycle
cost estimate for the proposed Resilient Missile Warning/
Missile Tracking initiative and provide a report on the
estimate to the House and Senate Appropriations Committees
not later than 180 days after the enactment of this Act.
In addition, the agreement directs the Secretary of the Air
Force, in consultation with the Chief of Space Operations, to
provide a report to the congressional defense committees, not
later than 60 days after the enactment of this Act, that
provides an assessment of each of the missile warning and
missile tracking programs to include a comparison of the
cost, schedule, capabilities, system life-span, and
associated risk of each. The report shall include an
integrated master schedule for all missile warning and
missile tracking weapon systems currently in operation or
development. This report shall be accompanied by a
supplementary classified version that captures all relevant
programs capable of providing missile warning across the
Title 10 and Title 50 mission sets. Further, the agreement
directs the Secretary of the Air Force to continue to provide
quarterly briefings on the status of its missile warning-
related program and expand the scope to include both the OPIR
program and the Resilient Missile Warning-Missile Tracking
program as an integrated set of programs.
SPACE FORCE UNIQUE SCIENCE AND TECHNOLOGY
The agreement continues to recognize 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. Further, the
Department of Defense Appropriations Act, 2022 (Public Law
117-103) directed that the Secretary of the Air Force 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; a
requirement that has not yet been fulfilled. Therefore, the
agreement directs the Secretary of the Air Force, with the
submission of the fiscal year 2024 President's budget
request, to include space unique science and technology
programs and efforts within the Research, Development, Test
and Evaluation, Space Force account and to provide the
required proposal in a timely manner.
TACTICALLY RESPONSIVE SPACE
The agreement continues to support the maturation of a
responsive launch program of record to rapidly place and
reconstitute space assets in support of combatant command
requirements and space enterprise resilience. Therefore, the
agreement recommends an additional $50,000,000 for a
tactically responsive launch capability.
The agreement notes that the Department of Defense
Appropriations Act, 2022 (Public Law 117-103) provided
$50,000,000 for tactically responsive space launch
capabilities and directed that the Secretary of the Air Force
to provide the congressional defense committees with an
acquisition strategy for this capability. 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 2023 President's budget request does not include
any resources to establish the program despite a need to
counter adversarial launches of disruptive technologies in a
tactically relevant timeline. Therefore, the agreement
directs the Secretary of the Air Force to submit, with the
President's fiscal year 2024 budget request, the resourcing
profile across the future years defense program by program,
project, and activity for tactically responsive space
capabilities, to include launch.
CISLUNAR SPACE
The agreement notes that the Department of Defense
Appropriations Act, 2022 (Public Law 117-103) appropriated
$61,000,000 for a cislunar flight experiment and $70,000,000
for nuclear propulsion technologies for cislunar flight.
Developing capabilities and operating within cislunar space
is imperative for the Nation to obtain national security,
science and technology, and economic advantages. Therefore,
the agreement recommends an additional $20,000,000 for
cislunar activities. Further, the agreement strongly supports
operationally relevant capabilities in cislunar space and
encourages the Secretary of the Air Force to increase
investments in this area. Further, the agreement directs the
Secretary of the Air Force, in coordination with the Chief of
Space Operations, to submit a report to the congressional
defense committees, not later than 90 days following the
enactment of this Act, that details the acquisition programs
and systems that are in development for operational use
within the cislunar or lunar space, and any capabilities in
development for the cislunar space domain awareness mission.
The report shall include a list of acquisition milestones and
dates (or program schedule for each of the efforts) as well
as the costs of the effort by appropriation, line item, and
program element across the future years defense program. In
addition, the report shall include a list of unfunded
programs and opportunities for investment.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement provides $34,565,478,000 for Research,
Development, Test and Evaluation, Defense-Wide, as follows:
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RAPID DEFENSE EXPERIMENTATION RESERVE
The fiscal year 2023 President's budget request includes
$358,000,000 for the Rapid Defense Experimentation Reserve
Fund (RDER), an increase of $323,981,000 over fiscal year
2022 enacted funding levels. The request included RDER
funding within Service program elements, aligning resources
with the Service responsible for conducting the
experimentation.
The agreement makes modest adjustments to funding levels in
Service RDER program elements and ensures that RDER funding
is delineated in a standalone program element. Moreover, it
provides the Office of the Secretary of Defense with an
appropriate level of funding within Research, Development,
Test and Evaluation, Defense-Wide, to conduct only core
program management and integration activities, and reduces
the scope of RDER efforts within the Office of the Joint
Staff funding element.
Concerns remain with RDER's ability to synchronize
experimentation occurring at Service and Combatant Command-
level events with programmatic acquisition milestones.
Therefore, the agreement directs the Undersecretary of
Defense for Research and Engineering, in coordination with
the Service Secretaries, to provide a schedule and spend plan
of RDER activities to the congressional defense committees
not later than 60 days after the enactment of this Act.
STREAMLINING AND BOLSTERING INNOVATION PROGRAM ELEMENTS
The agreement consolidates existing prototyping program
elements within Research, Development, Test and Evaluation,
Defense-Wide, into one dedicated program element per budget
activity. In Budget Activity 03, the Defense Modernization
and Prototyping Program, the Joint Capability Technology
Demonstration, and certain prototyping activities previously
conducted in the Technology Innovation program element are
combined to create the Defense Innovation Acceleration
program element. In Budget Activity 04, the agreement
supports the continuation of the Rapid Prototyping Program
and separates the Rapid Defense Experimentation Reserve Fund
program management activities into a dedicated program
element. Furthermore, the agreement modifies section 8061 of
the bill to normalize standards across program elements. Not
later than 60 days after the enactment of this Act, the
Undersecretary of Defense for Research and Engineering shall
brief the congressional defense committees on its
implementation of these adjustments to the budget structure.
RADAR TRANSMISSION CAPABILITIES
The agreement directs the Secretary of Defense to provide a
report to the congressional defense committees not later than
180 days after the enactment of this Act on current and
potential contributions to national security capabilities for
navigation and space situational awareness (SSA) of the
ongoing efforts by the National Science Foundation, its
National Radio Astronomy Observatory, and industry partners
to develop the Next Generation Very Large Array and a new
high-power radar transmitter for the Green Bank Telescope.
The report shall include a review of current SSA capabilities
and shortfalls; an assessment of potential development
activities and their ability to support requirements; and
plans, funding, and timelines for future SSA radar
observation capabilities.
OFFICE OF THE INSPECTOR GENERAL AUDITS AND REPORTS
The agreement directs the Office of the Inspector General
to submit a report on covered contractors' compliance with
the prohibition on advertising contained in 10 U.S.C.
3744(a)(8) and provides no further direction under this
heading.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement provides $449,294,000 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......... 119,529 134,529
Program increase--browser plug-in .............. 5,000
security research....................
Program increase--red team automation. .............. 10,000
LIVE FIRE TESTING....................... 99,947 169,147
Program increase--test capabilities .............. 41,000
acceleration--electromagnetic
spectrum live fire test and..........
Program increase--test capabilities .............. 10,000
acceleration--hypersonics live fire
test and evaluation..................
Program increase--test capabilities .............. 15,000
acceleration--space systems live fire
test and evaluation..................
Program increase--test capabilities .............. 3,200
acceleration--data management tri-
service data repository..............
OPERATIONAL TEST ACTIVITIES AND ANALYSIS 57,718 156,618
Program increase--test capabilities .............. 7,500
acceleration--directed energy
instrumentation......................
Program increase--test capabilities .............. 7,500
acceleration--space systems
operational test and evaluation......
Program increase--test capabilities .............. 25,000
acceleration--next phase of threat
specific and threat capable models...
Program increase--test capabilities .............. 16,400
acceleration--data management tri-
service operational test activities
and analysis.........................
Program increase--test capabilities .............. 17,500
acceleration--AI-reliant cognitive
electronic warfare systems models
development..........................
Program increase--test capabilities .............. 6,000
acceleration--tools and technologies
for artificial intelligence/
autonomous systems evaluation........
Program increase--test capabilities .............. 8,000
acceleration--innovation hub for
software and cyber...................
-------------------------------
Total, Operational Test & 277,194 449,294
Evaluation, Defense................
------------------------------------------------------------------------
CERTIFICATION OF FUNDING FOR TEST INFRASTRUCTURE AND TEST EVENT
RESOURCES
The Department of Defense component and Service acquisition
executives are directed to certify to the Director,
Operational Test and Evaluation (DOT&E), that the Department
of Defense 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, Test and Evaluation Strategies or
equivalent documents for programs on the DOT&E Oversight
List, and provide this certification in the format, defined
by the Director, not later than 60 days prior to the
submission of the fiscal year 2024 President's budget
request. The Director, DOT&E is directed to provide an
assessment to the congressional defense committees with
submission of the fiscal year 2024 President's budget request
on whether or not the test infrastructure, assets, and
personnel funding in the budget year and the future years
defense program can adequately support agreed-upon test and
evaluation programs and identify, where applicable,
shortfalls by service and program.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $1,654,710,000 in Title V, Revolving
and Management Funds.
DEFENSE WORKING CAPITAL FUNDS
The agreement provides $1,654,710,000 for Defense Working
Capital Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
Industrial Operations......................... 28,448 143,448
Program incease--Arsenal Sustainment ........... 115,000
Initiative.................................
Supply Management............................. 1,489 1,489
WORKING CAPITAL FUND, ARMY.................... 29,937 144,937
WORKING CAPITAL FUND, AIR FORCE............... 80,448 80,448
National Defense Stockpile Transaction Fund 253,500 0
funded in Sec 8034...........................
Transfer: National Defense Stockpile ........... -253,500
Transaction fund funded in Sec 8034..........
Defense Logistics Agency--Defense Automation & 2 2
Production Services..........................
Defense Logistics Agency--Energy Management... 8,300 8,300
WORKING CAPITAL FUND, DEFENSE-WIDE............ 261,802 8,302
Commissary Operations......................... 1,211,208 1,421,023
Program increase--Doorstop Deliveries....... ........... 200
Program increase--reduce commissary prices.. ........... 209,615
DEFENSE WORKING CAPITAL FUND, DECA............ 1,211,208 1,421,023
-------------------------
Total, Defense Working Capital Funds...... 1,583,395 1,654,710
------------------------------------------------------------------------
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $41,751,419,000 in Title VI, Other
Department of Defense Programs, as follows:
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DEFENSE HEALTH PROGRAM
The agreement provides $39,225,101,000 for the Defense
Health Program, as follows:
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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 2022.
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. These reports
shall also be made available to the Government Accountability
Office.
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 2022 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,
celiac disease, dystonia, eating disorders, eczema, Ehlers-
Danlos syndrome, neuroinflammatory response to emerging viral
diseases, endometriosis, epidermolysis bullosa, familial
hypercholesterolemia, fibrous dysplasia/McCune-Albright
syndrome, focal segmental glomerulosclerosis, food allergies,
Fragile X, frontotemporal degeneration, Guillain-Barre
syndrome, hemorrhage control, hepatitis B, hereditary ataxia,
hydrocephalus, hypercholesterolemia, inflammatory bowel
diseases, interstitial cystitis, lymphatic disease,
lymphedema, malaria, maternal mental health, mitochondrial
disease, myalgic encephalomyelitis/chronic fatigue syndrome,
myotonic dystrophy, nephrotic syndrome, neuroactive steroids,
non-opioid therapy for pain management, orthopedics,
pancreatitis, peripheral neuropathy, polycystic kidney
disease, pressure ulcers, proteomics, pulmonary fibrosis,
respiratory health, rheumatoid arthritis, scleroderma,
sickle-cell disease, sleep disorders and restriction, suicide
prevention, trauma, tuberculosis, vascular malformations, and
Von Hippel-Lindau syndrome benign manifestations. The
additional funding provided under the peer-reviewed medical
research program shall be devoted only to the purposes listed
above.
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.
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.
PEER-REVIEWED TOXIC EXPOSURES RESEARCH PROGRAM
The agreement provides $30,000,000 for the 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 shall not 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.
MILITARY TREATMENT FACILITY TRANSITION
The Comptroller General is directed to provide the
congressional defense committees a report not later than 180
days after the enactment of this Act on the status of the
transition of military treatment facilities to the Defense
Health Agency (DHA). The report shall include a review of
functions at facilities that have already transitioned,
including DHA's role or management and the administration
support that the military Services are providing, and a
timeline for that support to cease; cost implications of the
transition, including the Department's plan for maximizing
efficiencies and reducing duplication; the current and
planned DHA staffing model; and how the DHA will ensure that
the Services' Medical requirements are considered and met.
Additionally, the Assistant Secretary of Defense for Health
Affairs, along with the Director of the DHA and Service
Secretaries, is directed to provide a briefing to the
congressional defense committees not later than 60 days after
the enactment of this Act, detailing the method and metrics
used to evaluate medical and health contracts that had been
funded within the Services for fiscal year 2021 and/or fiscal
year 2022 to determine whether such contracts should be
retained.
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.
NEGATIVE AIR PRESSURE CONTAINMENT SYSTEMS
The Assistant Secretary of Defense for Health Affairs is
directed to explore commercial-off-the-shelf portable and
modular negative air room containment systems to increase
readiness and capacity to respond to pandemics and biological
events at Military Treatment Facilities (MTFs) worldwide, and
is further directed to provide a report to the congressional
defense committees, not later than 180 days after the
enactment of this
[[Page S8259]]
Act, on the Department's assessment of modular negative air
room containment system requirements in MTFs as well as a
detailed recommendations for the resources and acquisition of
necessary systems.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The agreement provides $1,059,818,000 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..................... 84,612 84,612
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 975,206 975.206
-------------------------
TOTAL, CHEMICAL AGENTS AND MUNITIONS 1,059,818 1,059,818
DESTRUCTION, DEFENSE.....................
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $970,764,000 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..................... 619,474 614,510
Program decrease--Project 1387.............. ........... -6,644
Program increase--USNORTHCOM and USSOUTHCOM ........... 1,680
operations.................................
DRUG DEMAND REDUCTION PROGRAM................. 130,060 130,060
NATIONAL GUARD COUNTER-DRUG PROGRAM........... 100,316 200,316
Program increase............................ ........... 100,000
NATIONAL GUARD COUNTER-DRUG SCHOOLS........... 5,878 25,878
Program increase............................ ........... 20,000
-------------------------
Total, Drug Interdiction and Counter-Drug 855,728 970,764
Activities, Defense......................
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The Secretary of Defense is directed to ensure that
international programs requested and supported by this
account do not duplicate programs funded by the Defense
Security Cooperation Agency in the Operation and Maintenance,
Defense-Wide account. Any congressional notification
submitted pursuant to 10 U.S.C. 284 shall identify any
resources within the Operation and Maintenance, Defense-Wide
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
Project Definitions (PB 47) budget exhibit of the fiscal year
2023 budget justification materials and other documentation
supporting the fiscal year 2023 budget request. The report
shall be submitted in unclassified form but may be
accompanied by a classified annex.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $485,359,000 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..................... 474,650 480,650
Program increase............................ ........... 6,000
OPERATION AND MAINTENANCE, CYBER.............. 1,321 1,321
PROCUREMENT................................... 1,524 1,524
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 1,864 1,864
-------------------------
Total, Office of the Inspector General.... 479,359 485,359
------------------------------------------------------------------------
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.
SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS
The agreement provides $10,377,000 for Support for
International Sporting Competitions.
TITLE VII--RELATED AGENCIES
The agreement provides $1,076,265,000 in Title VII, Related
Agencies, as follows:
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[[Page S8261]]
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,
2023.
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 $562,265,000, a decrease of
$72,735,000 below the fiscal year 2023 President's budget
request, for the Intelligence Community Management Account.
TITLE VIII--GENERAL PROVISIONS
Title VIII of the accompanying bill includes 144 general
provisions. A brief description of each provision follows.
Section 8001 provides that no funds made available in this
Act may be used for publicity or propaganda purposes not
authorized by Congress.
Section 8002 provides for conditions and limitations on the
payment of compensation to, or employment of, foreign
nationals.
Section 8003 provides that no funds made available in this
Act may be obligated beyond the end of the fiscal year unless
expressly provided for a greater period of availability
elsewhere in the Act.
Section 8004 limits the obligation of certain funds
provided in this Act during the last two months of the fiscal
year.
Section 8005 provides for the general transfer authority of
funds to other military functions.
Section 8006 provides that the tables titled ``Explanation
of Project Level Adjustments'' in the Committee report and
classified annex shall be carried out in the manner provided
by the tables to the same extent as if the tables were
included in the text of this Act.
Section 8007 provides for the establishment of a baseline
for application of reprogramming and transfer authorities for
the current fiscal year.
Section 8008 provides for limitations on the use of
transfer authority of working capital fund cash balances.
Section 8009 provides that none of the funds appropriated
in this Act may be used to initiate a special access program
without prior notification to the congressional defense
committees.
Section 8010 provides limitations and conditions on the use
of funds made available in this Act to initiate multiyear
procurement contracts.
Section 8011 provides for the use and obligation of funds
for humanitarian and civic assistance costs.
Section 8012 stipulates that civilian personnel of the
Department of Defense may not be managed on the basis of end
strength or be subject to end strength limitations.
Section 8013 prohibits funding from being used to influence
congressional action on any matters pending before the
Congress.
Section 8014 restricts the use of funds to reduce or
prepare to reduce the number of deployed and non-deployed
strategic delivery vehicles and launchers.
Section 8015 provides for the transfer of funds
appropriated in title III of this Act for the Department of
Defense Pilot Mentor-Protege Program.
Section 8016 provides for the Department of Defense to
purchase anchor and mooring chains manufactured only in the
United States.
Section 8017 prohibits funds made available in this Act for
the support of any non-appropriated activity of the
Department of Defense that procures malt beverages and wine
except under certain conditions.
Section 8018 prohibits funds made available to the
Department of Defense from being used to demilitarize or
dispose of certain surplus firearms and small arms ammunition
or ammunition components.
Section 8019 provides a limitation on funds being used for
the relocation of any Department of Defense entity into or
within the National Capital Region.
Section 8020 provides for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544).
Section 8021 provides for the conveyance, without
consideration, of relocatable housing units that are excess
to the needs of the Air Force.
Section 8022 provides for the availability of funds for the
mitigation of environmental impacts on Indian lands resulting
from Department of Defense activities.
Section 8023 provides that no funding for the Defense Media
Activity may be used for national or international political
or psychological activities.
Section 8024 provides funding in the Army's Working Capital
Fund to maintain competitive rates at the arsenals.
Section 8025 provides funding for the Civil Air Patrol
Corporation.
Section 8026 prohibits funding from being used to establish
new Department of Defense Federally Funded Research and
Development Centers (FFRDCs), with certain limitations, and
increases funding provided for FFRDCs. The agreement includes
$2.788 billion for the funding of FFRDCs. This funding level
is based on the Administration's revised request of $2.918
billion.
Section 8027 defines the congressional defense committees
as the Armed Services Committees of the House and Senate and
the Subcommittees on Defense of the House and Senate
Appropriations Committees.
Section 8028 defines the congressional intelligence
committees as being the Permanent Select Committee on
Intelligence of the House, the Select Committee on
Intelligence of the Senate, and the Subcommittees on Defense
of the House and Senate Appropriations Committees.
Section 8029 provides for competitions between private
firms and Department of Defense depot maintenance activities.
Section 8030 requires the Department of Defense to comply
with the Buy American Act, chapter 83 of title 41, United
States Code.
Section 8031 provides for the Department of Defense to
procure carbon, alloy, or armor steel plate melted and rolled
only in the United States and Canada.
Section 8032 provides for the revocation of blanket waivers
of the Buy American Act.
Section 8033 prohibits funding from being used for the
procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin.
Section 8034 appropriates funding for the National Defense
Stockpile Transaction Fund.
Section 8035 prohibits funding from being used to purchase
supercomputers which are not manufactured in the United
States.
Section 8036 provides for a waiver of ``Buy American''
provisions for certain cooperative programs.
Section 8037 prohibits the use of funds for the purchase or
manufacture of a United States flag unless such flags are
treated as covered items under section 4862(b) of title 10,
United States Code.
Section 8038 provides for the availability of funds
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account.
Section 8039 provides authority to use operation and
maintenance appropriations to purchase items having an
investment item unit cost of not more than $350,000.
Section 8040 provides authority to use operation and
maintenance appropriations for the Asia Pacific Regional
Initiative Program.
Section 8041 prohibits the sale of tobacco products in
military resale outlets below the most competitive price in
the local community.
Section 8042 prohibits the use of Working Capital Funds to
purchase specified investment items.
Section 8043 provides that none of the funds appropriated
for the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year except for
funds appropriated for the Reserve for Contingencies, the
Working Capital Fund, or other programs as specified.
Section 8044 provides funding for Sexual Assault Prevention
and Response Programs.
Section 8045 places certain limitations on the use of funds
made available in this Act to establish field operating
agencies.
Section 8046 places restrictions on converting to
contractor performance an activity or function of the
Department of Defense unless it meets certain guidelines
provided.
(RESCISSIONS)
Section 8047 provides for a total of $1,083,849,000 in
rescissions as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
2021 Appropriations:
Aircraft Procurement, Army:
ARL SEMA MODS...................................... $7,300,000
Other Procurement, Army:
Joint Information Environment...................... 3,177,000
Aircraft Procurement, Air Force:
H-60............................................... 8,458,000
KC-46A MDAP........................................ 63,057,000
Combat Rescue Helicopter........................... 44,289,000
2022 Appropriations:
Operation and Maintenance, Defense-Wide:
DSCA Security Cooperation.......................... 30,000,000
DSCA Coalition Support Funds....................... 25,000,000
DSCA Border Security............................... 50,000,000
Counter-ISIS Train and Equip Fund:
Counter-ISIS Train and Equip Fund.................. 65,000,000
Aircraft Procurement, Army:
ARL SEMA MODS...................................... 9,437,000
Other Procurement, Army:
Joint Effects Targeting System..................... 51,896,000
Contract Writing System............................ 12,671,000
Building, Pre-Fab, Relocatable..................... 6,977,000
Shipbuilding and Conversion, Navy:
CVN Refueling Overhauls (AP)....................... 191,000,000
Service Craft...................................... 6,092,000
Aircraft Procurement, Air Force:
E-3................................................ 30,000,000
H-60............................................... 2,000,000
KC-46A MDAP........................................ 31,514,000
Combat Rescue Helicopter........................... 32,144,000
B-52 TDL........................................... 14,200,000
Compass Call....................................... 23,693,000
E-8................................................ 6,600,000
MQ-9 Mods.......................................... 65,417,000
Other Procurement, Air Force:
Classified Adjustment.............................. 9,100,000
Procurement, Space Force:
National Security Space Launch..................... 7,000,000
Research, Development, Test and Evaluation, Army:
Information Technology Development................. 26,700,000
Research, Development, Test and Evaluation, Air
Force:
Advanced Technology and Sensors (C-ABSAA).......... 3,327,000
AWACS.............................................. 20,000,000
HC/MC-130 Recap.................................... 30,000,000
HH-60W Combat Rescue Helicopter.................... 14,400,000
Stand-in Attack Weapon............................. 50,000,000
Research, Development, Test and Evaluation, Space
Force:
EO/IR Weather Systems.............................. 35,400,000
GPS III Follow-On.................................. 38,000,000
Next-Generation OPIR............................... 40,000,000
No-Year Appropriations:
Defense Working Capital Funds:
Defense Counterintelligence and Security Agency $30,000,000
Working Capital Fund..............................
------------------------------------------------------------------------
[[Page S8262]]
Section 8048 prohibits funds made available in this Act
from being used to reduce authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve, and Air Force Reserve unless
such reductions are a direct result of a reduction in
military force structure.
Section 8049 prohibits funding from being obligated or
expended for assistance to the Democratic People's Republic
of Korea unless specifically appropriated for that purpose.
Section 8050 provides 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.
Section 8051 prohibits the transfer of Department of
Defense and Central Intelligence Agency drug interdiction and
counter-drug activities funds to other agencies.
Section 8052 provides funding for Red Cross and United
Services Organization grants.
Section 8053 provides funds for the Small Business
Innovation Research program and the Small Business Technology
Transfer program.
Section 8054 prohibits funding from being used for
contractor bonuses being paid due to business restructuring.
Section 8055 provides transfer authority for the pay of
military personnel in connection with support and services
for eligible organizations and activities outside the
Department of Defense.
Section 8056 provides for the Department of Defense to
dispose of negative unliquidated or unexpended balances for
expired or closed accounts.
Section 8057 provides conditions for the use of equipment
of the National Guard Distance Learning Project on a space-
available, reimbursable basis.
Section 8058 limits funds for the retirement of C-40
aircraft.
Section 8059 provides for the limitation on the use of
funds appropriated in title IV to procure end-items for
delivery to military forces for operational training,
operational use or inventory requirements.
Section 8060 prohibits funding in this Act from being used
for repairs or maintenance to military family housing units.
Section 8061 provides obligation authority for new starts
for advanced concept technology demonstration projects only
after notification to the congressional defense committees.
Section 8062 provides that the Secretary of Defense shall
provide a classified quarterly report on certain matters as
directed in the classified annex accompanying this Act.
Section 8063 provides for the use of National Guard
personnel to support ground-based elements of the National
Ballistic Missile Defense System.
Section 8064 prohibits the use of funds made available in
this Act to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and is designated as ``armor piercing'' except for
demilitarization purposes.
Section 8065 provides for a waiver by the Chief of the
National Guard Bureau or his designee for all or part of
consideration in cases of personal property leases of less
than one year.
Section 8066 provides for the transfer of funds made
available in this Act under Operation and Maintenance, Army
to other activities of the federal government for classified
purposes.
Section 8067 prohibits funding to separate, or to
consolidate from within, the National Intelligence Program
budget from the Department of Defense budget.
Section 8068 provides funding to expand cooperation or
improve the capabilities of allies and partners in the United
States Africa Command and the United States Southern Command
areas of responsibilities.
Section 8069 provides the authority to transfer funding
from operation and maintenance accounts for the Army, Navy,
and Air Force to the central fund for Fisher Houses and
Suites.
Section 8070 provides for the transfer of funds made
available in this Act under Operation and Maintenance, Navy
to the John C. Stennis Center for Public Service Development
Trust Fund.
Section 8071 prohibits the modification of command and
control relationships to give Fleet Forces Command
operational and administrative control of United States Navy
forces assigned to the Pacific fleet.
Section 8072 requires notification for the rapid
acquisition and deployment of supplies and associated support
services.
Section 8073 provides funding and transfer authority for
the Israeli Cooperative Programs.
Section 8074 provides for the funding of prior year
shipbuilding cost increases.
Section 8075 provides that funds made available in this Act
for intelligence and intelligence-related activities not
otherwise authorized by the Intelligence Authorization Act
for the current fiscal year are deemed to be specifically
authorized by Congress for purposes of section 504 of the
National Security Act of 1947.
Section 8076 prohibits funding from being used to initiate
a new start program without prior written notification.
Section 8077 provides grant authority for the construction
and furnishing of additional Fisher Houses to meet the needs
of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
Section 8078 prohibits funding from being used for the
research, development, test, evaluation, procurement, or
deployment of nuclear armed interceptors of a missile defense
system.
Section 8079 prohibits funds for the decommissioning of
certain ships.
Section 8080 prohibits funding from being used to reduce or
disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve.
Section 8081 prohibits funding from being used for the
integration of foreign intelligence information unless the
information has been lawfully collected and processed during
conduct of authorized foreign intelligence activities.
Section 8082 prohibits funding from being used to transfer
program authority relating to current tactical unmanned
aerial vehicles from the Army and requires the Army to retain
responsibility for and operational control of the MQ-1C
Unmanned Aerial Vehicle.
Section 8083 limits the availability of funding provided
for the Office of the Director of National Intelligence
beyond the current fiscal year, except for funds appropriated
for research and technology, which shall remain available for
the current and the following fiscal years.
Section 8084 provides limitations on the Shipbuilding and
Conversion, Navy appropriation.
Section 8085 provides for the establishment of a baseline
for application of reprogramming and transfer authorities for
the Office of the Director of National Intelligence for the
current fiscal year.
Section 8086 places limitations on the reprogramming of
funds from the Department of Defense Acquisition Workforce
Development Account.
Section 8087 provides for limitations on funding provided
for the National Intelligence Program to be available for
obligation or expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)).
Section 8088 provides that any agency receiving funds made
available in this Act shall post on a public website any
report required to be submitted to Congress with certain
exceptions.
Section 8089 prohibits the use of funds for federal
contracts in excess of $1,000,000 unless the contractor meets
certain conditions.
Section 8090 provides funds for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund.
Section 8091 prohibits the use of funds providing certain
missile defense information to certain entities.
Section 8092 provides for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $450,000 per
vehicle.
Section 8093 provides the Director of National Intelligence
with general transfer authority with certain limitations.
Section 8094 authorizes the use of funds in the
Shipbuilding and Conversion, Navy account to purchase two
used auxiliary vessels for the National Defense Reserve
Fleet.
Section 8095 directs the Secretary of Defense to post grant
awards on a public Web site in a searchable format.
Section 8096 prohibits the use of funds by the National
Security Agency targeting United States persons under
authorities granted in the Foreign Intelligence Surveillance
Act.
Section 8097 places restrictions on transfer amounts
available to pay salaries for non-Department of Defense
personnel.
Section 8098 provides that operation and maintenance funds
may be used for any purposes related to the National Defense
Reserve Fleet.
Section 8099 prohibits the use of funds for gaming or
entertainment that involves nude entertainers.
Section 8100 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.
Section 8101 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.
Section 8102 prohibits certain transfers from the
Department of Defense Acquisition Workforce Development
Account.
Section 8103 provides for the procurement of certain
vehicles in the United States Central Command area.
Section 8104 prohibits the use of funding for information
technology systems that do not have pornographic content
filters.
Section 8105 places restrictions on the use of funding for
military parades.
Section 8106 prohibits funds in the Act from being used to
enter into a contract or provide a loan to any corporation
that has any unpaid Federal tax liability.
Section 8107 provides funds for agile development, test and
evaluation, procurement, production and modification, and the
operation and maintenance for certain software pilot
programs.
Section 8108 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.
[[Page S8263]]
Section 8109 prohibits the use of funding in contravention
of the United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
Section 8110 provides security assistance for Ukraine.
Section 8111 provides for the obligation of funds in
anticipation of receipt of contributions from the Government
of Kuwait.
Section 8112 provides funding for International Security
Cooperation Programs.
Section 8113 provides funding to reimburse certain
countries for border security.
Section 8114 prohibits funding from being used in
contravention of the War Powers Resolution.
Section 8115 prohibits funding from being used in violation
of the Child Soldiers Prevention Act of 2008.
Section 8116 prohibits funds for any member of the Taliban.
Section 8117 provides that certain support to friendly
foreign countries be made in accordance with section 8005 of
this Act.
Section 8118 prohibits funds from being used to enter into
a contract with Rosoboronexport.
Section 8119 provides funding and the authority to address
the issues at Red Hill Bulk Fuel Storage Facility.
Section 8120 authorizes the Secretary of Defense to
transfer funds for the Bien Hoa dioxin cleanup in Vietnam.
Section 8121 provides additional appropriations to reflect
revised economic assumptions.
Section 8122 reflects savings due to favorable foreign
exchange rates.
Section 8123 allows for the transfer of equipment to those
authorized to receive assistance under the Counter-ISIS Train
and Equip Fund.
Section 8124 provides funding to reimburse key cooperating
nations for logistical, military, and other support.
Section 8125 provides guidance on the implementation of the
Policy for Assisted Reproductive Services for the Benefit of
Seriously or Severely Ill/Injured Active Duty Service
Members.
Section 8126 prohibits funds from being used to transfer
the National Reconnaissance Office to the Space Force.
Section 8127 provides the authority for the Edward M.
Kennedy Institute for the Senate to use certain funds for
facility operations and maintenance, and program activities.
Section 8128 requires notification of the receipt of
contributions from foreign governments.
Section 8129 requires the Chairman of the Joint Chiefs to
report on any unplanned activity or exercise.
Section 8130 requires notification if a foreign base is
opened or closed.
Section 8131 prohibits the use of funds with respect to
Iraq in contravention of the War Powers Resolution.
Section 8132 prohibits the use of funds with respect to
Syria in contravention of the War Powers Resolution.
Section 8133 provides that nothing in this Act may be
construed as authorizing the use of force against Iran or
North Korea.
Section 8134 prohibits the establishment of permanent bases
in Iraq or Afghanistan or United States control over Iraq or
Syria oil resources.
Section 8135 prohibits the use of funding under certain
headings to procure or transfer man-portable air defense
systems.
Section 8136 provides security assistance to the Government
of Jordan.
Section 8137 prohibits the use of funds to be used to
support any activity associated with the Wuhan Institute of
Virology.
Section 8138 prohibits the use of funds to provide arms,
training, or other assistance to the Azov Battalion.
Section 8139 prohibits the use of funds to transfer,
release, or assist in the transfer or release to or within
the United States of certain detainees.
Section 8140 prohibits 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.
Section 8141 prohibits the use of funds to construct,
acquire, or modify any facility in the United States to house
any individual detained at United States Naval Station
Guantanamo Bay, Cuba.
Section 8142 prohibits the use of funds to carry out the
closure of the United States Naval Station Guantanamo Bay,
Cuba.
Section 8143 prohibits funds for any work to be performed
by EcoHealth Alliance, Inc. in China on research supported by
the Government of the People's Republic of China.
Section 8144 directs the Secretary of Defense to allocate
amounts made available from the Creating Helpful Incentives
to Produce Semiconductors (CHIPS) for America Defense Fund
for fiscal year 2023 as follows:
DEPARTMENT OF DEFENSE ALLOCATION OF FUNDS: CHIPS AND SCIENCE ACT FISCAL
YEAR 2023
------------------------------------------------------------------------
------------------------------------------------------------------------
Research, Development, Test and Evaluation, Defense-
Wide Budget Activity 02, Applied Research:
Microelectronics Commons............................. 65,062,000
Budget Activity 03, Advanced Technology Development:
Microelectronics Commons............................. 269,256,000
Budget Activity 04, Advanced Component Development and
Prototypes:
Microelectronics Commons............................. 65,682,000
------------------------------------------------------------------------
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, 2023
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, 2023, 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 117-394 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 on that matter shall be
considered as replaced with the direction provided within
this explanatory statement. In cases where the House report
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
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 2023, 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,
2023 and the explanatory statement accompanying this Act.
The Comptroller General of the United States is directed to
review the management and operations of the Offices of
Inspector General (OIG) for the Nuclear Regulatory Commission
and the Department of Energy (DOE) to assess their strategic
planning, quality assurance processes, and overall
effectiveness in carrying out their statutory
responsibilities. For the DOE OIG, GAO is directed to review
their strategic planning, especially with respect to carrying
out audits that would previously have been conducted under
the cooperative audit strategy. The GAO is directed to brief
the Committees on its preliminary findings not later than 180
days after enactment of this Act.
TITLE I--CORPS OF ENGINEERS--CIVIL DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers (Corps).
Additional items of this Act are discussed below.
Advanced Funds Agreements.--In light of a non-federal
sponsor's commitment to provide all funding required for
construction of the project, or separable element thereof,
federal funds shall not be provided for such construction.
Instead, for such projects, any federal funding may be
provided only after completion of construction, as repayment
of the federal share of such construction, from funding
provided in this or subsequent acts for reimbursements or
repayments, and would be subject to a new start designation.
This direction is not intended to apply to any project with
an advanced funds project partnership agreement that was in
place prior to December 20, 2019.
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 2023 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;
Dredged Material Management Plans, requested in
the Investigations account, are funded in the Operation and
Maintenance 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;
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;
Inspection of Completed Works will continue to be
funded under the individual states instead of consolidated
into a national program as requested in the Operation and
Maintenance account and the Mississippi River and Tributaries
account; and
Dam Safety Modification Studies, requested in the
Investigations account, will be funded under the Dam Safety
and Seepage/Stability Correction Program remaining item in
the Construction account.
For any fiscal year, if the Corps proposes budget structure
changes, the budget request 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 as described in Engineer Circulars 11-2-221
and 11-2-222, and an Incremental Funding Clause (DFARS
252.2327-7007). The Administration is directed to continue
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
$2,318,000,000 for HMTF eligible activities in accordance
with the changes in the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136) and the Water Resources
Development Act (WRDA) of 2020 (Public Law 116-260). The
agreement provides $56,000,000 for the program authorized by
section 2106 (c) of the Water Resources and Reform
Development Act (WRRDA) of 2014 (Public Law 113-121).
Invasive Carp.--The Corps is undertaking multiple efforts
to stop invasive carp from reaching the Great Lakes. There is
appreciation that the Corps' spend plan for fiscal year 2022
funding provided under the Infrastructure Investment and Jobs
Act (IIJA) (Public Law 117-58) included $225,838,000 to
initiate construction of the Brandon Road Lock and Dam,
Aquatic Nuisance Species Barrier project. Further, the fiscal
year 2023 budget request includes $47,880,500 for the project
to continue this important effort. 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
preconstruction engineering and design (PED) and construction
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. 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.
Reprogramming.--The reprogramming legislation provided in
the Energy and Water Development and Related Agencies
Appropriations Act, 2020 (Public Law 116-94) is retained.
[[Page S8287]]
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
direction--under any heading--regarding additional funding,
new starts, and the fiscal year 2023 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.
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 2023. 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. Also,
funding associated with each category of Additional Funding
may be allocated as appropriate to any eligible study or
project within that category; funding associated with each
subcategory may be allocated only to eligible studies or
projects, within that subcategory.
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 2023 and the specific reasons each study or
project was considered as being less competitive for an
allocation of funds.
The Administration shall not delay apportioning the funding
for Community Project Funding and Congressionally Directed
Spending while developing the work plan for additional
funding.
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.
While there remains significant need for new investments in
water resources projects, decisions regarding the processes
by which projects may be made eligible for funding or the
manner in which projects are funded can only be made by the
Committees.
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 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 $172,500,000 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 agreement includes additional
funds for projects and activities to enhance the nation's
economic development, job growth, and international
competitiveness.
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 some of the
current year capability. 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 Corps is reminded that projects in the non-contiguous
states and U.S. territories such as Hawaii are eligible for
funding in this account.
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:
benefits of the funded work to the national
economy;
extent to which the work will enhance national,
regional, or local economic development;
number of jobs created directly and supported in
the supply chain by the funded activity;
significance to national security, including the
strategic significance of commodities;
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;
ability to complete the project, separable
element, or project phase with the funds allocated;
legal requirements, including responsibilities to
tribes;
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;
for flood and storm damage reduction projects
(including authorized nonstructural measures and periodic
beach renourishments):
population, safety of life, economic activity, or
public infrastructure at risk, as appropriate;
the severity of risk of flooding or the frequency
with which an area has experienced flooding; and
preservation of historically significant communities,
culture, and heritage;
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;
for mitigation projects, projects with the purpose
to address the safety concerns of coastal communities
impacted by federal flood control, navigation, and defense
projects;
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;
for projects cost shared with the IWTF, the
economic impact on the local, regional, and national economy
if the project is not funded, as well as discrete segments of
work that can be completed within the funding provided in
this line item;
for other authorized project purposes and
environmental restoration or compliance projects, to include
the beneficial use of dredged material; and
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.
Alternative Delivery.--The agreement supports alternative
delivery approaches such as P3s and split delivery methods
that leverage public and private resources to reduce cost and
risk to populations by delivering infrastructure sooner. The
use of P3s and split delivery methods can be a viable
strategy to help address the Corps' backlog of projects while
reducing scheduling and funding risk to the federal
government. The Corps is reminded that projects which use
these methods are eligible to compete for additional funding
recommended in this account.
Aquatic Plant Control Program.--Of the additional funding
provided for the Aquatic Plant Control Program, $16,000,000
shall be for watercraft inspection stations and rapid
response, as authorized in section 104 of the River and
Harbor Act of 1958 (Public Law 85-500), distributed to carry
out subsections (d)(1)(A)(i), (d)(1)(A)(ii), (d)(1)(A)(iii),
and (d)(1)(A)(iv), and $3,000,000 shall be for related
monitoring as authorized by section 1170 of AWIA. The
agreement provides $2,000,000 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, and the Corps
is encouraged to consider work to address invasive aquatic
plants in the Northern Everglades region. The Corps is
encouraged to consider work to address and prevent the threat
of hydrilla infestation within the states of Florida and
Georgia. The agreement also provides $500,000 to continue
activities authorized under section 509 of WRDA of 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.
Aquatic Plant Control Program, Connecticut River Basin.--
Additional funding of $6,000,000 is provided for hydrilla
control, research, and demonstration work in the Connecticut
River basin. The Corps is encouraged to consider the benefits
of establishing a rapid response task force to cover the
multistate watershed.
Aquatic Plant Control Program, Mississippi River Basin.--
The Corps is engaged in a multipronged effort to combat
invasive species in the country's waterways and protect the
Mississippi River Basin, which is one of the most valued
ecosystems in the world. The agreement provides $500,000 for
the Corps, in partnership with other federal partners, to
continue planning, designing, initial engineering and project
management activities for construction of carp barriers in
the Mississippi River Basin and the Tennessee-Tombigbee
waterway.
Beneficial Use of Dredged Material Pilot Program.--The
agreement provides $4,173,000 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. The Corps is further directed to brief the Committees
prior to any effort to solicit or select any additional pilot
projects as authorized by AWIA.
Bird Drive Basin Conveyance, Seepage Collection, and
Recharge.--The Corps is encouraged to work with the
Department of the Interior and the South Florida Water
Management District to quickly identify a consensus project
footprint between SW 8th Street and the C-1W Canal to the
south, immediately east of Krome Avenue. This work is
intended to enable Miami-Dade County and the Miami-Dade
Expressway Authority to begin necessary land acquisitions in
support of the creation of a West Kendall Everglades Buffer
and progress toward completing this important element of the
Comprehensive Everglades Restoration Plan (CERP).
Biscayne Bay Coastal Wetlands Project.--The Corps is
encouraged to consider the incorporation of highly treated,
reclaimed wastewater as an additional source of freshwater
into further study, design, and construction of the project
and to evaluate the potential to use additional volumes of
reclaimed wastewater to restore freshwater artesian springs
within the Bay through underground injection to the shallow,
underlying aquifer.
Central Everglades Planning Project.--The Corps is strongly
encouraged to expedite the required validation reports for
PPA North. The Corps is also encouraged to design and
construct the recently-authorized Everglades Agricultural
Area Storage Reservoir as quickly as possible to utilize the
expanded water delivery capabilities of completed PPA South
elements.
Central and South Florida Project.--The Corps is urged to
maintain continued attention to the need of the South Florida
economy and environment for a functioning flood control
system.
CERP--Indian River Lagoon-South.--The Corps is urged to
expedite design work on the C-23 and C-24 Reservoirs that
will serve as crucial elements of the Indian River Lagoon-
South CERP project.
Charleston Harbor.--The funding provided is for
reimbursement of the advanced funds provided by the non-
federal sponsor to cover the federal share of the cost of the
National Economic Development plan. The non-federal sponsor
may be eligible for additional reimbursement in the future.
Chesapeake Bay Comprehensive Water Resources and
Restoration Plan.--The Corps is reminded that the Chesapeake
Bay Environmental Restoration and Protection Program 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.
Chicago Sanitary and Ship Canal Dispersal Barrier,
Illinois.--No funds recommended in this Act may be used for
construction of hydrologic separation measures.
Columbia River Treaty.--The Corps is directed to brief, in
a classified setting and in coordination with the Department
of State, not later than 60 days after enactment of this Act
on post-fiscal year 2023 flood control operations as dictated
by the Columbia River Treaty. Further, not later than 90 days
after enactment of this Act the Corps shall provide a
classified detailed assessment, in coordination with
Department of State, of its funding requirements and plan for
post-fiscal
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year 2023 flood control operations as dictated by the
Columbia River Treaty.
Construction Funding Schedules.--A complete and reliable
cost estimate with an out-year funding schedule is essential
to understanding current funding and future funding
requirements within the Corps' construction portfolio. A
comprehensive outlook of these dynamic requirements is
necessary for Congress to consider and balance funding
allocations annually, and to assess the long-term effects of
new investment decisions. Therefore, not later than 90 days
after enactment of this Act and annually thereafter, the
Chief of Engineers shall submit directly to the Committees, a
breakdown, by fiscal year, of the full and efficient federal
funding needs for each ongoing construction project in the
Corps' Civil Works program. For each project identified, the
Corps shall also provide the total project cost with a
breakdown between the federal and non-federal costs, and any
applicable authorization ceiling. For the purposes of this
report, an active project shall mean any project which has
received construction account appropriations, including those
funded in a supplemental, and has remaining costs to be
funded from the Construction account. These funding
requirements shall be based on technical construction
sequencing, and realistic workflow and shall not be altered
to reflect administrative policies and priorities or any
assumed limitation on funding available.
Continuing Authorities Program (CAP).--Funding is provided
for nine CAP sections at a total of $72,285,000. 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 section 205 of CAP. Within the
section 1135 CAP authority, and to the extent already
authorized by law, the Corps is reminded that projects that
restore degraded wetland habitat and stream habitat impacted
by construction of Corps levees or channels, including those
with executed Feasibility Cost Share Agreements, and projects
that will divert significant pollutant nutrient runoff from
entering wetland habitats, are eligible to compete for
funding.
Environmental Infrastructure.--The Corps is reminded that
environmental infrastructure authorities include caps on
federal participation, but do not provide a guarantee that
the project authorization level will be met.
Everglades Agricultural Area.--The agreement reiterates
House direction.
Friendswood, TX.--The agreement reiterates House direction.
Implementation of Projects Receiving Supplemental Funds.--
The Committees continue to have significant concerns with the
Administration's implementation of funding provided via
supplemental appropriations Acts. As stated in the fiscal
year 2022 Act, the Committees are troubled by the continued
challenges with execution, cost overruns, and significant
delays in completing projects funded under the Bipartisan
Budget Act of 2018 (Public Law 115-123). As the BBA 2018
program progresses, it is possible that projects will not be
completed within previously available supplemental funds. The
Committees do not intend for those projects to be delayed.
The Corps is directed to provide to the Committees not later
than 90 days after enactment of this Act an out-year plan for
completion of all BBA 2018 projects by identifying funding
shortfalls by project and fiscal year.
In addition, the Administration, without notice or
explanation to Congress, changed its interpretation of bill
language that had not changed from previous supplemental
appropriations Acts when allocating funding under the
Disaster Relief Supplemental Appropriations Act of 2022
(DRSAA) (Public Law 117-43). Specifically, it has ignored
congressional intent and its own previous interpretation that
construction projects be funded to completion using
supplemental funds and that ongoing construction projects be
completed at full federal expense. By allocating only
incremental funding for some ongoing construction projects,
the Administration's decision means that the non-federal
sponsors remain responsible for significant costs. The lack
of forethought and consideration for the impact to non-
federal sponsors that likely do not have funding available to
cost-share these lifesaving projects according to the normal
rules is unreasonable and contrary to congressional intent
apparent in the expressed provisions of DRSAA.
Not later than 30 days after enactment of this Act, the
Administration shall provide to the Committees a briefing on
the legal and policy justification for the changed
interpretation of law, plans for completing all construction
projects funded under DRSAA, and options for addressing cost
share issues that have arisen as a result of the
Administration's decision. Further, the Corps shall brief the
Committees quarterly on the status of all supplemental
programs and the plan for completion of related projects.
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 Public
Law 117-58 that the Administration states will physically
complete and fiscally close out the project. The Corps is
strongly urged to expedite construction.
Lake Isabella, California.--The Corps is directed to work
with the U.S. Forest Service (USFS) to expeditiously finalize
the site location for the USFS visitor center and to
undertake all requirements to evaluate, update, and finalize
any necessary statutorily-required review and compliance
activities with the goal of commencing construction by
December 31, 2023, or at the earliest possible date.
McClellan-Kerr Arkansas River Navigation System (MKARNS).--
MKARNS is recognized as an established Marine Highway for
waterborne commerce to include agriculture and aggregate
commodities (sand, gravel, and rock) from the Gulf Coast to
the Mid-West. Deepening the MKARNS to a consistent 12-foot
navigation channel will provide tow drafts that are more
compatible with navigation on the Mississippi River, which
will reduce inefficient barge operations and transportation
costs. The Corps is urged to prioritize this project in
fiscal year 2023 to accelerate construction. The Corps is
also encouraged to provide funds for nonstructural
activities, such as channel deepening, with low annual
funding needs in years where appropriated funds for IWTF cost
shared projects are sufficient to accommodate such projects
without impacting ongoing construction projects. Lastly, the
Corps is encouraged to prioritize inland waterways projects
consistent with the update to the Capital Investment
Strategy, pursuant to section 2002(d) of WRRDA of 2014.
New Savannah Bluff Lock and Dam, Georgia and South
Carolina.--The Corps is encouraged to work with all
stakeholders toward a mutually beneficial resolution that
will ensure waters levels for existing activities and
functions are maintained, as detailed in section 1319 of the
WIIN Act.
Non-Federal Implementation Pilot Program.--Due to ongoing
concerns initially expressed in the fiscal year 2020 Senate
Report, the Corps shall notify the Committees upon receiving
any proposal from a non-federal interest requesting to
utilize the section 1043 (b) of WRRDA of 2014 authority. The
Corps shall not negotiate or enter into a project partnership
agreement to transfer funds to a non-federal interest
utilizing this authority unless approval is received from the
Committees. None of the funds recommended in this Act shall
be used under this authority for a project where construction
has been started but not completed.
Port of Brownsville Deepening Project, Texas.--The Corps is
encouraged to include appropriate funding for this project in
future budget submissions.
Raritan River Basin, Green Brook Sub-Basin, New Jersey.--
The Corps is encouraged to expeditiously move forward with
construction of the Lower Basin and Stony Brook portions of
the project.
Restoration of Abandoned Mine Sites, Tribal Partnerships.--
Additional funding is recommended to provide technical,
planning, and design assistance to federal and non-federal
interests carrying out projects to address water quality
problems caused by drainage and related activities from
abandoned and inactive noncoal mines under section 560 of
WRDA of 1999 (Public Law 106-53). Additionally, the Corps is
directed to develop an action plan to proactively engage with
tribal communities in the western United States and brief the
Committees no later than 90 days after enactment of this Act
on such plan.
Riverbank Erosion.--The Corps is encouraged to prioritize
projects to stabilize the Indiana shoreline of the Ohio River
damaged by the operation of federally-owned dams on the Ohio
River as authorized in section 9 of the Flood Control Act of
1946 (33 USC 701q).
Soo Locks, Sault Ste. Marie, Michigan.--The Corps is
strongly encouraged to move forward expeditiously to complete
this critical project and to include appropriate funding for
these activities in future budget submissions.
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 2023, the Corps is directed to make publicly
available a comprehensive snapshot of all SFER cost share
accounting down to the project level and to ensure the
accuracy of all budget justification sheets that inform
SFER Integrated Financial Plan documents by October 31,
2023.
Tulsa and West-Tulsa Levee System (TWTLS).--The Corps is
encouraged to expeditiously complete construction since the
TWTLS protected area is home to a substantial population of
elderly and low income residents, and was classified by the
Corps as a high risk of failure and life loss in 2019.
Unified Facilities Guide Specifications.--The Corps is
encouraged to continue to work with the Air Force and Navy to
update the criteria included in the Unified Facilities Guide
Specifications as appropriate. The Corps is encouraged to
consider using lower carbon building materials, including
cements such as portland-limestone cement, in order to reduce
the environmental footprint of infrastructure projects.
Upper Mississippi River Restoration Program (UMRR), Quincy
Bay.--The Corps is encouraged to prioritize the environmental
restoration project in Quincy Bay near Quincy, Illinois as a
Tier 1 project for immediate commencement through the UMRR
Program.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $370,000,000 for Mississippi River
and Tributaries.
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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. This may include
work on remaining unconstructed features of projects
permitted and authorized by law, in response to recent flood
disasters.
When allocating additional funds provided in this account,
the Corps is directed to give adequate consideration to
cooperative projects addressing watershed erosion,
sedimentation, flooding, and environmental degradation. Also,
the importance of erosion control in headwater streams and
tributaries, and the environmental, water quality, and
sediment reduction benefits it provides downstream is
recognized.
Comprehensive Management Studies.--Comprehensive management
studies that are fully within the boundaries of this account
are authorized under the requirements, including cost share,
of the Mississippi River and Tributaries project.
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.--Funding is
provided for mitigation of previously constructed features.
OPERATION AND MAINTENANCE
The agreement includes $5,078,500,000 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 for other authorized project
purposes, the Corps shall allocate not less than $300,000 for
efforts to address terrestrial noxious weed control and
sediment removal activities pursuant to section 503 of WRDA
of 2020.
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.
Of the additional funding provided in this account, the
Corps shall also allocate funds according to the direction
under the headings ``Water Control Manuals''.
There is not support for a level of funding that does not
fund operation and maintenance of our nation's aging
infrastructure sufficiently to ensure continued
competitiveness in a global marketplace. Federal navigation
channels maintained at only a fraction of authorized
dimensions and navigation locks and hydropower facilities
being used well beyond their design life results in economic
inefficiencies and risks infrastructure failure, which can
cause substantial economic losses.
When allocating the additional funding provided in this
account, the Corps shall consider giving priority to the
following:
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;
ability to address critical maintenance backlog;
presence of the U.S. Coast Guard;
extent to which the work will enhance national,
regional, or local economic development, including domestic
manufacturing capacity;
extent to which the work will promote job growth
or international competitiveness;
number of jobs created directly by the funded
activity;
ability to obligate the funds allocated within the
fiscal year;
ability to complete the project, separable
element, project phase, or useful increment of work within
the funds allocated;
ability to address hazardous barriers to
navigation due to shallow channels;
dredging projects that would provide supplementary
benefits to tributaries and waterways in close proximity to
ongoing island replenishment projects;
risk of imminent failure or closure of the
facility;
extent to which the work will promote recreation-
based benefits, including those created by recreational
boating;
improvements to federal breakwaters and jetties
where additional work will improve the safety of navigation
and stabilize infrastructure to prevent continued
deterioration; and
for harbor maintenance activities:
total tonnage handled;
total exports;
total imports;
dollar value of cargo handled;
energy infrastructure and national security needs
served;
designation as strategic seaports;
maintenance of dredge disposal activities;
lack of alternative means of freight movement;
savings over alternative means of freight movement;
and
improvements to dredged 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 $5,000,000 for this purpose. The agreement provides
$5,000,000 to continue work on the Harmful Algal Bloom
Demonstration Program, as authorized by WRDA of 2020, and the
Corps is directed to provide to the Committees not later than
60 days after enactment of this Act a briefing on the status
of this effort.
Additional funding recommended in this remaining item is to
supplement and advance Corps activities to address harmful
algal blooms 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 collaboratively 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.
Arkansas Red River Chloride Control.--The Corps is reminded
of their existing obligations to continue operations and
maintenance activities for the Red River Chloride Control
project, Oklahoma and Texas, at federal expense and is also
reminded that this project is eligible to compete for
additional funding in this account.
Asset Management/Facilities and Equipment Maintenance
(FEM).--The agreement provides $2,000,000 to continue
research on novel approaches to repair and maintenance
practices that will increase civil infrastructure
intelligence and resilience. The Corps is directed to provide
to the Committees not later than 60 days after enactment of
this Act a report on the status of this effort. The Corps was
previously provided $1,000,000 under the Asset Management/FEM
remaining item to complete a study of their inventory in
accordance with section 6002 of WRRDA of 2014. There is
frustration regarding how long it has taken the Corps to make
progress on this effort. Nonetheless, the second phase of
inventory and assessment are currently ongoing, and the Corps
is directed to provide to the Committees not later than 60
days after enactment of this Act a briefing that includes
details on the percentage of the work that has already been
done and a timeline for completion of the inventory.
Chicago Sanitary and Ship Canal Dispersal Barrier.--The
Chicago Sanitary and Ship Canal (CSSC) dispersal barrier at
Des Plaines River is a key control mechanism for protecting
the Great Lakes from invasive carp. Over the last decade, the
Corps has invested significant resources in building a
permanent electric barrier on the Chicago Area Waterways
System. Maximizing effectiveness of the CSSC can have
significant immediate benefits for preventing spread of
aquatic invasive species into the productive and ecologically
diverse Great Lakes system.
Coastal Inlets Research Program.--Communities,
infrastructure, and resources tied to coastal regions are
vulnerable to damage from extreme coastal events and long-
term coastal change. 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; for efforts 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 NOAA's National Water Center on
protecting the nation's water resources.
Civil Works Water Management System.--Additional funding is
included for incorporation of ensemble forecasts within the
suite of numerical modeling tools in support of water
management operations to advance the Forecast-Informed
Reservoir Operations (FIRO) effort.
Dredging Operations and Environmental Research,
Contaminated Sediment Management.--The assessment and
management of contaminated sediments represents a significant
cost to the federal government and impacts the nation's
inland and coastal navigation system affecting the free flow
of commerce. There is a critical need for investment in
technology and approaches to enable more cost effective and
sustainable practices for the assessment and management of
contaminated sediments. The Corps is directed to develop a
public-private partnership focused on research, development,
and implementation of solutions for the assessment and
management of contaminated sediments through the Dredging
Operations and Environmental Research program.
Dredging Operations Technical Support Program.--The
agreement provides $2,200,000 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. The agreement also includes additional
funds to support the research and application of artificial
intelligence, machine learning, and advanced modeling
capabilities to improve streamflow forecasting for channel
shoaling and dredging to help reduce interruptions in
waterborne inland commerce as a result of flooding and other
silting activities. The Corps is directed to provide to the
Committees not later than 90 days after enactment of this Act
a briefing on the potential need for evaluation of whether
deeper and wider channels would improve supply chain
performance throughout the southeast region of the country.
Emerging Harbor Projects.--The agreement includes funding
for individual projects defined as emerging harbor projects
in section 210(f)(2) of WRDA of 1986 (Public Law 99-662) that
exceeds the funding levels envisioned in sections 210(c)(3)
and 210(d)(1)(B)(ii) of WRDA of 1986.
Engineering With Nature.--The agreement provides
$20,000,000 for the Engineering with Nature (EWN) initiative.
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, $10,000,000
is provided to support research and development of natural
infrastructure solutions for the nation's bays and estuaries
to reduce costs, environmental and aesthetic impacts, and
improve access and health outcomes for the communities,
economies, ecosystems, and defense installations that
concentrate in the nation's bays and estuaries, and to design
innovative nature-based infrastructure with landscape
architecture, coastal modeling, and engineering. 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-
[[Page S8335]]
based and hybrid infrastructure solutions, including those in
drought and fire-prone lands and post-fire recovery areas.
Enhanced Options for Sand Acquisition for Beach
Renourishment Projects.--The Corps is urged to provide states
with guidance and recommendations to implement cost effective
measures and planning for sand management.
Flood and Earthquake Modeling.--Last fiscal year additional
funds were provided in the Earthquake Hazards Reduction
Program to facilitate coordination with the National Levee
Safety program to develop a plan for leveraging existing
knowledge related to potential seismic concerns related to
levees. The Corps is evaluating whether earthquake models
would aid in assessment and if collaboration with
universities would be beneficial. The Corps is directed to
provide to the Committees not later than 90 days of enactment
of this Act a briefing on the progress to date and any
recommended future work.
Harmful Algal Bloom and Hypoxia Research and Control Act.--
The Corps is directed to provide to the Committees not later
than 90 days after enactment of this Act a briefing on the
effort to coordinate the federal response to harmful algal
bloom activities.
Hiram M. Chittenden Locks, Washington.--The agreement
reiterates House direction.
Inland Water Navigation Charts.--The agreement provides
$2,000,000 for the eHydro program to modernize and enhance
the distribution of the navigation charts and an additional
$2,000,000 to support the transition of the National Dredging
Quality Management Program's automated dredging monitoring
data to a cloud environment.
Jim Woodruff Lock and Dam.--The agreement reiterates House
direction.
Kennebec River Long-Term Maintenance Dredging.--There is
continued support for the Memorandum of Agreement signed in
January 2019 denoting responsibilities between the Department
of the Army and the Department of the Navy for the regular
maintenance of the Kennebec River Federal Navigation Channel.
Maintenance dredging of the Kennebec is essential to the safe
passage of newly constructed Navy guided missile destroyers
to the Atlantic Ocean. The Secretary is directed to continue
collaborating with the Department of the Navy to ensure
regular maintenance dredging of the Kennebec.
Lake Okeechobee, Florida.--The Corps is encouraged to use
the best available science and appropriately weigh the
concerns of all water users to ensure the ecosystem is
preserved, water supply for the eight million residents in
South Florida is maintained, and the safety of all residents
of the region is upheld.
Lake Providence Harbor, Louisiana.--The agreement
reiterates House direction.
Lake Sakakawea & Lake Oahe Recreation Facilities.--There is
support for the coordinated efforts by the Corps with state
and local stakeholders to maintain recreational areas and
related infrastructure at mainstem Missouri River reservoirs
during drought conditions. However, there is disappointment
in the fact that the Corps has not provided a long-term plan
to restore and maintain recreational facilities near Lake
Sakakawea and Lake Oahe as recommended in fiscal year 2020.
The Corps is directed to report not later than 60 days after
enactment of this Act with a plan that identifies funding
sources to address the deferred maintenance backlog in these
areas and repair boat ramps and access roads to these
facilities.
Levee Safety.--The agreement provides additional funding
for the National (Levee) Flood Inventory, including
$3,150,000 to expedite work on non-federal levees in meeting
the requirements of section 131 of WRDA of 2020. The Corps is
directed to provide to the Committees not later than 30 days
after enactment of this Act a briefing on this effort. In
fiscal year 2020, Congress provided $15,000,000 to implement
levee safety initiatives to meet the requirements under
section 3016 of WRRDA of 2014. These funds are sufficient to
complete Phase II activities. The Corps is directed to
provide to the Committees not later than 30 days after
enactment of this Act a briefing on the status of these
activities and activities associated with section 3016 of
WRRDA of 2014, including any additional funding needs
identified to complete and a timeline for implementation of
the next phase.
Missouri River Operations.--The Corps intends to conduct a
test flow regarding releases of water from the Missouri River
mainstem dams in the future. The Corps is directed to provide
to the Committees not later than 30 days prior to such a
release a report that includes 1) the rationale for
conducting such a test flow; 2) the expected implications for
water access along the Missouri River; and 3) steps the Corps
has taken to reduce or mitigate the effects of a test flow on
water access.
Mobile Bay Beneficial Use of Dredged Material.--The Corps
is encouraged to examine beneficial uses of dredged material
in Mobile Bay, Alabama.
Monitoring of Completed Navigation Projects, Fisheries.--
There is concern that a reduction in or elimination of
navigational lock operations on the nation's inland waterways
is having a negative impact on river ecosystems, particularly
the ability of endangered, threatened, and game fish species
to migrate through waterways, particularly during critical
spawning periods. Preliminary research successfully indicates
that reduced lock operations on certain Corps-designated low-
use waterways are directly impacting migration and that there
are effective means to mitigate the impacts. Maximizing the
ability of fish to use these locks to move past the dams has
the potential to restore natural and historic long-distance
river migrations that may be critical to species survival.
Within available funds for ongoing work, the Corps is
directed to continue this research at not less than the
fiscal year 2022 level. The agreement provides $4,000,000 to
expand the research to assist the Corps across all waterways,
lock structures, lock operation methods, and fish species
that will more fully inform the Corps' operations.
Additionally, the agreement provides $2,000,000 for the NICE
effort by the Corps to expand, on a national basis, the
ongoing research on the impact of reduced lock operations on
riverine fish.
Monitoring of Completed Navigation Projects, Structural
Health Monitoring.--The agreement provides $4,000,000 to
support the structural health monitoring program to
facilitate research to maximize operations, enhance
efficiency, and protect asset life through catastrophic
failure mitigation.
Mount St. Helens Sediment Monitoring.--The Corps is
encouraged to include appropriate funding for sediment
monitoring activities in future budget submissions.
National Coastal Mapping Program.--The agreement provides
$5,000,000 for Arctic coastal mapping needs. The Corps has
responsibility for some mapping but, in general, does not
include shoreline. Before the Corps obligates funds to map
shoreline in Alaska, the Assistant Secretary of the Army for
Civil Works shall provide notice to the Committees. The
notice shall include certification that the effort is
coordinated with NOAA and complements those efforts.
Okatibbee Lake, Mississippi.--The agreement reiterates
House direction.
Ohio Harbors.--The Corps is reminded that the Toledo,
Huron, Port Clinton, Lorain, and Sandusky Harbors are
eligible to compete for additional funding in this account.
Performance Based Budgeting Support Program.--Of the
funding provided for this remaining item, $3,500,000 shall be
used to support performance-based methods that enable robust
budgeting of the hydropower program through better
understanding of operation and maintenance impacts leveraging
data analytics.
Recreational Facilities.--The Corps is directed to provide
to the Committees not later than 30 days after enactment of
this Act a report including an analysis of current lease
terms and the effects these terms have on concessionaire
financing.
Regional Dredge Contracting.--In accordance with section
1111 of AWIA and the Gulf Coast Regional Dredge Demonstration
Program established by Public Law 116-94, the Corps is
encouraged to enter into regional contracts to support
increased efficiencies in the deployment of dredges for all
civil works mission sets, prioritizing deep draft
navigational projects.
Regional Sediment Management.--The agreement provides
$4,000,000 to develop integrated tools that build coastal
resilience across navigation, flood risk management, and
ecosystem projects within the program, integrate existing and
emerging physical coastal processing tools that focus on
sediment management, and apply optimization principles to
placement in order to gain greater value and benefit from
dredged sediments, particularly for Civil Works business
lines and missions. The Corps is directed to conduct a study
and provide a report to the Committees not later than one
year after enactment of this Act on how the Corps could
apply dredged sediments to better increase coastal
resilience and what resources are needed to implement
these practices. Additionally, the agreement provides
$600,000 for cooperation and coordination with the Great
Lakes states to develop sediment transport models for
Great Lakes tributaries that discharge to federal
navigation channels.
Response to Climate Change at Corps Projects.--The
agreement provides $2,000,000 to update policies to enhance
the consideration of benefit categories equally and improve
efforts to identify and consider impacts to disadvantaged,
rural/urban, tribal, and other minority communities
throughout the Corps planning and decision-making processes.
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 urged
to consider expediting scheduled maintenance at small and
low-use ports that have experienced unexpected levels of
deterioration since their last dredging. There is concern
that the Administration's criteria for navigation maintenance
disadvantage small, remote, or subsistence harbors and
waterways from competing for scarce navigation maintenance
funds. The Corps is directed to revise the criteria used for
determining which navigation maintenance projects are funded
and to develop a reasonable and equitable allocation under
the Operation and Maintenance account. There is support for
including criteria to evaluate economic impact that these
projects provide to local and regional economies.
Stakeholder Engagement.--The agreement reiterates House
direction.
Tampa Harbor, Florida.--The agreement reiterates House
direction.
Tangier Island, Beneficial Use.--Additional funding
recommended for Baltimore Harbor and Channels (50 foot)
project is for environmental coordination as well as plans
and
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specifications to add Tangier Island as a beneficial use
placement site for dredged material.
Tenkiller Ferry Lake.--The Corps' effort to use flows out
of the surge tank to feed the fishery downstream of the
Tenkiller Ferry Lake is encouraging, and the Corps is
strongly encouraged to complete the assessment as soon as
possible.
Tuttle Creek Lake, KS.--The additional funding provided is
for Water Injection Dredging efforts.
Upper St. Anthony Falls, Minnesota.--The Corps is reminded
that the Upper St. Anthony Falls project remains an
authorized federal project and is encouraged to continue to
operate and maintain the lock and keep it in a state of good
repair. There is concern that the Corps is attempting to
divest the entire federal project at once without a willing
non-federal partner for the disposition study. The Corps is
directed to continue the disposition study at full federal
expense.
Walter F. George, George W. Andrews, and Jim Woodruff Locks
and Dams.--The Corps is reminded that repair and maintenance
needs for the Walter F. George Lock and Dam, the George W.
Andrews Lock and Dam, and the Jim Woodruff Lock and Dam are
eligible to compete for additional funding provided in this
account and is encouraged to include appropriate funding for
these activities in future budget submissions. The Corps is
directed to provide to the Committees not later than 60 days
after enactment of this Act a briefing on these projects and
the status of dredging in the lower Apalachicola River.
Water Control Manuals.--The Corps is encouraged to continue
to update water control manuals across its projects. The
agreement provides additional funding of $5,700,000 in this
account for other authorized project purposes, for water
control manual updates at projects located in states where a
Reclamation facility is also located, in regions where FIRO
projects exist, and where atmospheric rivers cause flood
damages. The agreement also provides $1,000,000 of additional
funding provided in this account for other authorized project
purposes to expand the scope of the water control manual
update prioritization report funded in fiscal year 2020 to
other projects within the Corps portfolio to ensure that
actions being conducted for water control manual updates and
incorporation of FIRO-based principles are properly aligned
with one another.
Water Control Manuals, Section 7 Dams.--The agreement
provides $2,200,000 of additional funding provided in this
account for other authorized project purposes to update water
control manuals for non-Corps owned high hazard dams 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 FIRO technology.
Water Operations Technical Support (WOTS).--The agreement
provides $5,000,000 in addition to the budget request to
continue developing and incorporating improved weather
forecasting for Corps reservoirs and waterway projects
through the multiagency, multidisciplinary FIRO research
effort by completing Phase 2 and starting Phase 3. The Corps
is encouraged to consider applying FIRO to additional section
7 dams, including the Seven Oaks Dam in California.
REGULATORY PROGRAM
The agreement includes $218,000,000 for the Regulatory
Program. Funds above the budget request are included to
address capacity needs across the Corps related to staffing
shortages in Corps districts. The Corps is encouraged to
budget appropriately in order to process permits in a timely
fashion.
Chehalis Basin.--The agreement reiterates House direction.
Mitigation Banking.--The Corps is encouraged to ensure
sufficient staffing levels to efficiently and expeditiously
process mitigation bank applications.
Permit Application Backlogs.--The agreement reiterates
House direction. The Corps is directed to provide to the
Committees not later than 90 days after enactment of this Act
a report on staffing levels and permit backlogs in each of
the last five years, as well as a plan for rectifying the
staffing shortages. The Corps is directed to brief the
Committees on the results of the report upon completion.
Shellfish Permitting.--The Corps is encouraged to work with
Clean Water Act enforcing agencies to uphold a fair
permitting system that protects the nation's waters and
balances the needs of the economy and communities.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $400,000,000 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, the agreement notes 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 2021
(Public Law 117-43), 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 Committees detailed
estimates of damages to Corps projects as required by Public
Law 115-123 and shall submit such report not later than 15
days after enactment of this Act and monthly thereafter.
EXPENSES
The agreement includes $215,000,000 for Expenses.
Additional funds recommended in this account shall be used
to support implementation of the Corps' Civil Works program,
including hiring additional full-time equivalents. This
includes developing and issuing policy guidance; managing
Civil Works program; and providing national coordination of
and participation in forums and events within headquarters,
the division offices, and meeting other enterprise
requirements and operating expenses. The Corps is encouraged
to pursue updating the 2011 U.S. Army Manpower Analysis
Agency staffing analysis based on current Civil Works needs.
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. Funds
are provided for program development, administration, and
oversight, including but not limited to finalizing the
proposed rule, and publishing the Notice of Funding
Availability. The Administration is strongly encouraged to
expeditiously finalize efforts to stand up the program to
provide the financial assistance envisioned in the
legislation. The Corps is directed to provide to the
Committees not later than 30 days after enactment of this Act
a briefing on the status of this effort and opportunities to
expand this program in the future, to include levees.
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 AWIA.
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.
[[Page S8337]]
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
$16,400,000 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 $1,600,000 for
necessary expenses of the Secretary of the Interior. The
agreement allows up to $1,880,000 for the Commission's
administrative expenses. This allows the Department of the
Interior to develop water supply facilities that will
continue to sustain economic growth and an enhanced quality
of life in the western states, the fastest growing region in
the United States. The agreement notes commitment to complete
the Central Utah Project, which would enable the project to
initiate repayment to the federal government.
Bureau of Reclamation
In lieu of all House direction regarding additional funding
and the fiscal year 2023 work plan, the agreement includes
direction under the heading ``Additional Funding for Ongoing
Work'' in the Water and Related Resources account.
Reclamation shall provide not later than 120 days after
enactment of this Act a quarterly report to the Committees,
which includes the total budget authority and unobligated
balances by year for each program, project, or activity,
including any prior year appropriations.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,787,151,000 for Water and Related
Resources.
The agreement for Water and Related Resources is shown in
the following table:
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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 advancing and
completing ongoing work, including preconstruction activities
and where environmental compliance has been completed;
improving water supply reliability; improving water
deliveries; enhancing national, regional, or local economic
development; promoting job growth; advancing tribal and non-
tribal water settlement studies and activities; or addressing
critical backlog maintenance and rehabilitation activities.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $134,000,000 shall be
for water storage projects as authorized in section 4007 of
the Water Infrastructure Improvements for the Nation (WIIN)
Act (Public Law 114--322).
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $50,000,000 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
$17,500,000 shall be for the planning, pre-construction, or
construction activities related to projects found to be
feasible by the Secretary and that are ready to be initiated
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 ``Fish
Passage and Fish Screens'', $6,000,000 shall be for the
Anadromous Fish Screen Program.
Of the additional funding provided under the heading
``Environmental Restoration or Compliance'', not less than
$20,000,000 shall be for activities authorized under sections
4001 and 4010 of the WIIN Act or as set forth in federal-
state plans for restoring threatened and endangered fish
species affected by the operation of Reclamation's water
projects.
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;
the last two remaining priority unscreened diversions on the
Sacramento River and high priority diversions in the San
Joaquin River Basin; and activities authorized under section
206 of Public Law 113--235.
Aging Infrastructure Account.--The agreement does not
support allowing increases or decreases in transfer amounts
at this time. Reclamation is directed to provide to the
Committees a report detailing implementation plans for this
program.
Aquatic Ecosystem Restoration Program.--Reclamation is
directed to provide to the Committees not later than 30 days
after enactment of this Act a briefing on the plan to
implement this program.
Aquifer Recharge.--Reclamation is directed to work closely
with project beneficiaries to identify and resolve any
barriers to aquifer recharge projects when appropriate while
utilizing full authority to prioritize funds for ongoing
projects through completion. Of the additional funds provided
in this account, $20,000,000 shall be for Aquifer Storage and
Recovery projects focused on ensuring sustainable water
supply and protecting water quality of aquifers in the Great
Plains Region with shared or multi-use aquifers, for
municipal, agricultural irrigation, industrial, recreation,
and domestic users.
Calfed Water Storage Feasibility Studies.--Reclamation is
strongly encouraged to expeditiously complete financial
assistance projects requested by non-federal sponsors of the
Calfed water storage projects that have been under study for
over a decade.
Columbia Basin Project.--Reclamation is urged to move
forward to implement the Odessa Groundwater Replacement
Program to provide farmlands in Central and Eastern
Washington with surface water supply through operational
changes in the storage and delivery system.
Drought Contingency Plans.--Reclamation is encouraged to
provide sufficient funding for activities that support
drought contingency plans to conserve water and reduce risks
from ongoing drought for the Upper and Lower Colorado River
basins.
Friant-Kern Canal.--The Secretary is encouraged to include
funding in future budget submissions for construction
activities related to projects found to be feasible by the
Secretary and which are ready to initiate repairs.
Reclamation canals where operational conveyance capacity has
been seriously impaired by factors such as age or land
subsidence, especially those that would imminently jeopardize
water delivery obligations, should be prioritized.
Klamath Basin Project.--Reclamation is encouraged to
continue to collaborate on agreements with state agencies to
support groundwater monitoring efforts in the Klamath Basin.
Lake Powell.--Reclamation is encouraged to work closely
with relevant stakeholders as the current severe drought
situation develops.
Municipal Water Districts.--Reclamation is encouraged to
fully consider water districts that supply water to
municipalities when developing work plans.
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $12,000,000 shall be for desalination projects as
authorized in section 4009(a) of the WIIN Act.
Research and Development: Science and Technology Program:
Airborne Snow Observatory Program.--The agreement provides an
additional $4,000,000 for this program, which advances snow
and water supply forecasting, of which at least $1,500,000
shall be to implement this research at projects.
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 NOAA's 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.
Rural Water Project--Dry-Redwater, Montana.--Reclamation is
strongly encouraged to engage with the Dry-Redwater Regional
Water Authority to complete the feasibility study for the
project authorized in PL 116-260.
Salton Sea.--The agreement reiterates House direction.
Salton Sea Restoration.--Reclamation is encouraged to
partner with federal, state, and local agencies and
coordinate use of all existing authorities and funding
sources to support the State of California's Salton Sea
Management Program and reduce the likelihood of severe health
and environmental impacts and to include appropriate funding
for these efforts in future budget submissions.
San Joaquin River Restoration.--Permanent appropriations
should not supplant continued annual appropriations.
Reclamation is encouraged to include adequate funding in
future budget requests.
St. Mary's Diversion Dam and Conveyance Works.--Reclamation
is urged to continue working with local stakeholders to
complete its ability to pay study for the rehabilitation of
the St. Mary's Diversion Dam. Further, Reclamation is
encouraged to complete its work to develop a Milk River
Project model as expeditiously as possible.
Tualatin Project, Scoggins Dam, Oregon.--Reclamation is
urged to expediently complete the dam safety modification
report.
Water Treatment Pilots.--Reclamation is encouraged to look
for innovative and cost-effective ways to evaluate treatment
solutions in advance of significant infrastructure
investments, including pilots for water treatment projects.
WaterSMART Program: Drought Responses & Comprehensive
Drought Plans.--The agreement provides an additional
$10,000,000 for this program for authorized drought response
activities in the California and Oregon Klamath Basin.
WaterSMART Program: Open Evapotranspiration System.--The
fiscal year 2022 Act directed Reclamation to provide a
briefing on the potential application of the Open
Evapotranspiration system to Reclamation missions.
Reclamation is directed to provide it not later than 15 days
after enactment of this Act.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the additional funding provided for this
program, not less than $20,000,000 shall be for water
recycling and reuse projects as authorized in section 4009(c)
of the WIIN Act.
Yakima River Basin Water Enhancement Project, Washington.--
Reclamation is encouraged to budget appropriately for this
work in order to move forward on implementing authorized
components of the plan and is reminded that activities within
this program are eligible to compete for additional funds
provided in this account.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides an indefinite appropriation, which
allows Reclamation to expend funds collected in fiscal year
2023. The
[[Page S8347]]
estimate of collections in fiscal year 2023 is $45,770,000.
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 $65,079,000 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
(Public Law 111-11).
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 WRDA of 2000
(Public Law 106-541).
The agreement includes a provision prohibiting the use of
funds in this Act for certain activities.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $46,243,359,000 for the Department
of Energy to fund programs in its primary mission areas of
science, energy, environment, and national security.
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 President's budget request is submitted, a future-years
energy program that covers the fiscal year of the budget
submission and the four succeeding years, as directed in the
fiscal year 2012 Act. While the Committees appreciate the
small progress of including some information in the budget
request, the information provided was inadequate because it
clearly was not a ``meaningful and comprehensive multi-year
budget'' as required. 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 75 percent of amounts provided to the Office of the
Secretary until the Department briefs the Committees on
options for ways to provide future-years energy program
information.
Commonly Recycled Paper.--The agreement reiterates House
direction on this topic.
Congressional Reporting Requirements.--The Department is
directed to provide quarterly updates to the Committees on
congressional reporting requirements. 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.
Cost Share Waivers.--The agreement reiterates House
direction on this topic.
Notification of Funding Availability.--The agreement
includes no direction on this topic.
WORKFORCE DEVELOPMENT AND DIVERSITY
Workforce Development.--The agreement reiterates House
direction on this topic.
The Department is encouraged to prioritize training and
workforce development programs that assist and support
workers in trades and activities required for the continued
growth of the U.S. energy efficiency and renewable energy
sectors, including training programs focused on building
retrofit, the construction industry, and the electric vehicle
industry. The Department is encouraged to continue to work
with 2-year, community and technical colleges, labor, and
nongovernmental and industry consortia to pursue job training
programs, including programs focused on displaced fossil fuel
workers, that lead to an industry-recognized credential in
the renewable energy and energy efficiency workforce. The
agreement recognizes the Department's collaborations with the
Department of Defense to address national security priorities
including climate change and electric infrastructure. The
agreement recognizes the Department's individual education
and workforce development programs relating to the
intersection of national security and energy but encourages
interdepartmental coordination on the creation or
modification of these programs.
CROSSCUTTING INITIATIVES
Carbon Dioxide Removal.--The agreement provides not less
than $140,000,000 for research, development, and
demonstration of carbon dioxide removal technologies,
including not less than $20,000,000 from the Office of Energy
Efficiency and Renewable Energy (EERE), not less than
$70,000,000 from Office of Fossil Energy and Carbon
Management (FECM), and not less than $50,000,000 from the
Office of Science.
The Department is encouraged to carry out activities under
the Carbon Dioxide Removal Research, Development, and
Demonstration Program authorized in section 5001 of the
Energy Act of 2020. The Department is directed to coordinate
these activities among FECM, EERE, the Office of Science, and
any other relevant program offices or agencies, including the
Environmental Protection Agency and Department of
Agriculture.
The agreement reiterates House direction on the development
of diverse carbon management technologies and methods.
The agreement reiterates House direction on the development
and commercialization of carbon dioxide removal technologies
at significant scale.
The agreement reiterates House direction on the carbon
removal implementation plan and the roles and
responsibilities of each program participating in the
implementation plan.
The Department is directed to establish a competitive
purchasing pilot program for the purchase of carbon dioxide
removed from the atmosphere or upper hydrosphere, in support
of carbon dioxide removal projects authorized in section 969D
of the Energy Policy Act of 2005.
Critical Minerals and Materials.--The agreement provides
not less than $248,500,000 for research, development,
demonstration, and commercialization activities on the
development of alternatives to, recycling of, and efficient
production and use of critical minerals and materials,
including not less than $112,000,000 from EERE, not less than
$50,000,000 from FECM, not less than $25,000,000 from the
Office of Science, and not less than $61,500,000 from the
Office of Nuclear Energy (NE).
The agreement reiterates House direction on university
initiatives for critical mineral extraction; the Critical
Materials Institute and the Critical Materials Consortium;
the Critical Materials Supply Chain Research Facility; and
workforce needs in critical minerals and materials
industries.
The Department is encouraged to carry out these activities
pursuant to sections 7001 and 7002 of the Energy Act of 2020.
Energy Storage.--The agreement provides not less than
$540,000,000 for research, development, demonstration,
commercialization, and deployment of energy storage,
including not less than $347,000,000 from EERE, not less than
$95,000,000 from the Office of Electricity (OE), not less
than $5,000,000 from FECM, not less than $10,000,000 from NE,
and not less than $83,000,000 from the Office of Science.
The Department is directed to carry out these activities in
accordance with sections 3201 and 3202 of the Energy Act of
2020.
The agreement notes support for the Department's Energy
Storage Grand Challenge (ESGC) and Long-Duration Storage Shot
Initiatives, which includes cost-shared demonstrations of
energy storage technologies.
Energy-Water Nexus.--The agreement reiterates House
direction on this topic.
Industrial Decarbonization.--The agreement provides not
less than $685,000,000 for industrial decarbonization
activities, including not less than $420,000,000 from EERE,
not less than $200,000,000 from FECM, and not less than
$65,000,000 from the Office of Science. The Department is
directed to establish the Industrial Emissions Reduction
Technology Development Program authorized in section 6003 of
Public Law 116--206 for clean industrial research,
development, and demonstrations that are both sector-specific
and technology-inclusive. The program shall coordinate with
EERE, FECM, the Office of Science, Office of Clean Energy
Demonstrations, and other relevant program offices. Not later
than 60 days after enactment of this Act, the Department is
directed to detail on how it will improve coordination and
align different program offices to implement the recently
released Industrial Decarbonization Roadmap strategy,
including who within the Department will lead this work. The
funds provided are for the development of a suite of
technologies to strengthen the competitiveness of America's
industrial sector, with an emphasis on heavy industrial
sectors, including iron, steel, steel mill products,
aluminum, cement, concrete, glass, pulp, paper, industrial
ceramics, and chemicals. Within available funds, the
agreement provides not less than $25,000,000 for clean heat
alternatives for industrial processes.
Further, the agreement notes a lack of coordination across
the Department regarding Industrial Decarbonization
activities. Not later than 60 days after enactment of this
[[Page S8348]]
Act, the Department is directed to detail on how it will
improve coordination and align different program offices to
implement the recently released Industrial Decarbonization
Roadmap strategy, including who within the Department will
lead this work. The Department is encouraged to specify the
value-added roles that distinct federal funding streams will
play in achieving the emissions reduction goals of the
Industrial Decarbonization Roadmap, including across the
Department's program offices.
Alternative Modes of Transportation.--The agreement notes
the Department's ongoing efforts to develop technologies and
low carbon fuels that will reduce emission in shipping,
aviation, agricultural, and long-distance transportation.
The agreement provides not less than $380,000,000 to
further the research, development, testing, and demonstration
of innovative technologies and solutions for low- or no-
emission alternative fuels for ongoing efforts to develop
technologies and low carbon fuels that will reduce emission
in shipping, aviation, agricultural, and long-distance
transportation. This funding level includes not less than
$300,000,000 from EERE, not less than $35,000,000 from FECM,
not less than $35,000,000 from OE, and not less than
$10,000,000 from the Office of Science.
Further, there are technologies that will reduce emissions
in existing locomotive fleets, such as different blends of
renewable diesel and biodiesel, as well as to accelerate the
commercial viability of innovative technologies and
alternatives to traditional diesel fuel, including batteries
and hydrogen fuel cells. The agreement notes that hastening
the availability of low- and no-carbon alternatives to diesel
fuel for locomotives will be essential to addressing climate
change while also meeting our nation's projected 50 percent
growth in freight transportation demand by 2050. Further, the
agreement notes that the decarbonization of the rail industry
will be essential to achieving a net-zero emissions economy
as rail will continue to play a vital role in such a broad
cross-section of industrial economic sectors well into the
future. Further, the Department is encouraged to accelerate
its work on sustainable aviation fuels, with a focus getting
feedstocks and biorefining processes for net-zero emission
fuels into demonstration as it works to meet the goals of the
Sustainable Aviation Fuel Grand Challenge. The Department is
encouraged to develop a clear framework for evaluating the
emissions reduction potential of different sustainable
aviation fuel pathways and to prioritize research and
development of fuels with the greatest potential to reduce
GHG emissions while avoiding unintended consequences on
forests and food supply chains. The Department is encouraged
to work with other federal agencies and the national labs to
coordinate efforts to advance sustainable aviation fuels.
DOE and USDA Interagency Working Group.--The agreement
reiterates House direction on this topic.
Fluoropolymers.--The agreement reiterates House direction
on this topic.
Grid Modernization.--The agreement reiterates House
direction on this topic.
The Department is directed to develop a plan for a pipeline
of students, graduates, and professors to sustain a robust
grid modernization research, design, and operations
capability over the long-term.
Further, the agreement notes the value of a diverse range
of clean distributed energy resources, and the Department is
encouraged to evaluate opportunities to deploy multi-resource
microgrids that incorporate dispatchable, fuel-flexible,
renewable fuel-compatible, distributed generation
technologies, including but not limited to linear generator
technology, paired with variable output renewable resources
and battery storage technology, in order to simultaneously
achieve substantial carbon and criteria emissions reductions,
ensure multi-day resilience, and improve energy security and
independence.
Harmful Algal Blooms.--The agreement reiterates House
direction on this topic.
Hydrogen.--The Department is directed to coordinate its
efforts in hydrogen energy and fuel cell technologies across
EERE, FECM, NE, OE, the Office of Science, the Office of
Clean Energy Demonstrations, the Advanced Research Projects
Agency--Energy, and any other relevant program offices to
maximize the effectiveness of investments in hydrogen-related
activities.
The agreement provides not less than $316,000,000 for the
Hydrogen crosscut, including not less than $163,000,000 from
EERE, not less than $113,000,000 from FECM, not less than
$23,000,000 from NE, and not less than $17,000,000 from the
Office of Science.
The agreement provides not less than $15,000,000 for
technologies to advance hydrogen use for heavy-duty
transportation, industrial, and hard-to-electrify
transportation applications including trains, maritime
shipping, and aviation.
Integrated Energy Systems.--The agreement reiterates House
direction on this topic.
Landfill Emissions.--The agreement reiterates House
direction on this topic.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
The agreement provides $3,460,000,000 for Energy Efficiency
and Renewable Energy.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The agreement supports the budget request for the
Communities to Clean Energy Program.
Aquatic Decarbonization.--The agreement provides not less
than $40,000,000 for crosscutting efforts that will
contribute to multiple areas of ocean- and water-based energy
technologies and include support for research, development,
and infrastructure that leverages the Department's existing
ocean-based assets and infrastructure. The Department is
directed to provide to the Committees prior to the obligation
of these funds a detailed spending plan highlighting which
offices are contributing to this effort and the planned
investments in research, development, and deployment,
including infrastructure needs.
Database of State Incentives for Renewables and
Efficiency.--The Department is directed to support needed
security and software upgrades for the Database of State
Incentives for Renewables and Efficiency (DSIRE), a program
that provides U.S. homeowners, businesses, policymakers, and
others with vital information relating to clean energy
incentives and policies across the country.
Energy Transitions Initiative.--The agreement provides not
less than $15,000,000 for the Energy Transitions Initiative
(ETI), including the Technology-to-Market and Communities
subprogram, to support initiatives to address high energy
costs, reliability and inadequate infrastructure challenges
faced by island and remote communities. The Department is
directed to support stakeholder engagement and capacity
building and reiterates House direction on community-based
initiatives. Additionally, the agreement notes that without a
plan to support communities that have or are receiving
technical assistance through cohorts 1 and 2, the federal
investment risks being stranded. The Department should
provide some level of support and program continuity for
these communities from locally relevant technical assistance
providers. To facilitate improvement of this initiative, the
Department is directed to provide to the Committees not later
than 90 days after enactment of this Act a report detailing:
1) current status of projects supported through this program;
2) plans to ensure ETIPP program continuity and follow-up
support through regional project partners; 3) offboarding
processes for cohorts 1 and 2 as well as how the offboarding
processes build a pipeline of projects for other programs in
the Department; 4) plans for recruiting and supporting a
third cohort of communities; and 5) recommendations on the
inclusion of additional geographies supported with additional
regional partners.
Workforce Development.--The agreement provides $5,000,000
to support expanding efforts to include students from
underserved institutions in the technology development
programs within the Department's portfolio of manufacturing,
solar, transportation and grid/energy storage through a
university which has existing partnerships with several
Historically Black Colleges and Universities and Minority
Serving Institutions, and participants in several
Departmental applied energy research programs.
The Department is encouraged to continue to work with two-
year, community and technical colleges; labor; and
nongovernmental and industry consortia to pursue job training
programs, including programs focused on displaced fossil fuel
workers, that lead to an industry-recognized credential in
the energy workforce. The Department is encouraged to update
and publish on its website the list of credentials that are
recognized by the Department through its Better Buildings
Workforce Guidelines and additional credentials that are
relevant to designing, building, and operating building
energy systems.
University Research Consortium on Resilience.--In fiscal
year 2021 and fiscal year 2022, the agreement directed
$20,000,000 in total for a competitive solicitation which the
Department was expected to release in Fall 2022. The
Department is directed to release the funding opportunity and
award funds expeditiously.
SUSTAINABLE TRANSPORTATION
The agreement provides not less than $35,000,000 to
continue the SuperTruck III vehicle demonstration program and
further address the energy efficiency, carbon dioxide
emissions reduction potential, and freight efficiency of
heavy and medium duty long- and regional-haul vehicles.
Vehicle Technologies.--The Department is encouraged to
prioritize projects in states where the transportation sector
is responsible for a higher percentage of the state's total
energy consumption and is the largest source of greenhouse
gases.
Within available funds, the agreement supports a
solicitation to further develop and demonstrate advanced
wireless charging technologies, including charging coils,
that reduce cost and improve performance of wireless power
transfer and to demonstrate opportunity wireless vehicle
charging in northern climates, in areas with high ratio of
renewable energy deployment.
The agreement provides up to $250,000,000 for Battery and
Electrification Technologies.
The Vehicle Technologies Office is encouraged to prioritize
recycling funding awards for projects that demonstrate
recycling of all battery components, including casings and
enclosures made from plastics and polymer composites.
The agreement provides $10,000,000 for research and
development of engine architectures that integrate low-carbon
fuels like
[[Page S8349]]
ethanol and biodiesel, including the performance of these
engines on higher blends of renewable fuels.
The agreement provides up to $25,000,000 to advance energy
efficiency and low-emission technologies for off-road
application vehicles, including up to $5,000,000 for fluid
power systems. The Department is directed to prioritize
applications in ports, warehouses, and railyards. These funds
shall be awarded through a competitive solicitation in which
university and industry teams are eligible to apply.
The agreement provides not less than $100,000,000 for
Technology Integration and Deployment.
Within available funds for Technology Integration and
Deployment, the agreement provides not less than $10,000,000
be made available to advance the development and
demonstration of technologies for electric aircraft for the
cargo and logistics industry with the dual purpose of
supporting electric delivery trucks.
The Department is directed to continue to support the Clean
Cities alternative fuels deployment program focused on
vehicles that can deliver lower greenhouse gas emissions and
meet customer needs, which can include vehicles powered by
biofuels, electricity, hydrogen, natural gas, renewable
natural gas, propane, and renewable propane. Within available
funds, the agreement provides not less than $65,000,000 for
deployment through the Clean Cities program, including not
less than $20,000,000 in direct cooperative agreements with
the Clean Cities Coalitions and not less than $40,000,000 for
competitive grants to support alternative fuel,
infrastructure, new mobility, and vehicle deployment
activities. When issuing competitive grants in support of
these activities, the Department is encouraged to include
some awards that range from $500,000 to $1,000,000 each and
encourage at least one Clean Cities coalition partner. The
Department is encouraged to ensure balance in the award of
funds to achieve varied aims in fostering broader adoption of
clean vehicles and installation of supporting infrastructure.
The Department is encouraged to prioritize projects that can
contribute the greatest reductions in lifecycle greenhouse
gases and other harmful air pollutants. The Department is
encouraged to work with the Department of Transportation and
industry on coordinating efforts to deploy electric vehicle
(EV) charging infrastructure. The Department is encouraged to
explore ways in which the Clean Cities Program can leverage
funding to provide greater support, including through grants,
technical assistance, and community engagement, for clean
fuels and vehicles in underserved or disadvantaged
communities so they can benefit from the emissions reductions
and public health benefits delivered by electrification.
The agreement provides not less than $5,000,000 for
electric vehicle workforce development activities. The
Department is encouraged to build upon its existing
partnerships with the GridEd workforce training program to
advance a national electric vehicle workforce. The Department
is encouraged to include engagement with the electric
industry; auto industry; labor unions; university and
community colleges, including Historically Black Colleges and
University and other Minority Serving Institutions; and
training institutes.
The agreement reiterates House direction on the report
directed by the fiscal year 2022 Act on challenges in cost-
effective and safe operation of vehicles. The Department is
directed to coordinate with the Department of Transportation
and the Joint Office of Energy and Transportation to develop
a roadmap for electric vehicle transition and workforce
training. The Department is also directed to coordinate with
the Clean Cities Program, the Department of Transportation,
and the Joint Office of Energy and Transportation to ensure
all activities are aligned to meet the goals of widespread
adoption of electric vehicles.
The agreement provides not less than $54,000,000 for Energy
Efficient Mobility Systems, including not less than
$34,000,000 to conduct early-stage research and development
at the vehicle, traveler, and system levels and not less than
$20,000,000 for pilot and demonstration projects pairing
self-driving technology with zero-emission vehicles to help
ensure mobility does not come at the cost of increased
tailpipe pollution.
The agreement provides up to $10,000,000 to improve 12-volt
lead batteries for safety-critical electric vehicle
applications.
The agreement provides $10,000,000 for novel engine designs
that can achieve significant efficiency improvements in
hydrogen combustion. The Department is encouraged to support
research and development for hydrogen combustion by two-
stroke opposed piston engines.
The Department is encouraged to work with the Department of
Transportation and industry on coordinating efforts to deploy
hydrogen fueling infrastructure.
The Department, in coordination with the Joint Office of
Energy and Transportation, is encouraged to assess if the
capacity of electricity distribution can meet anticipated
electricity demand at proposed charging locations. The
Department is encouraged to consult with stakeholders and
entities tasked with overseeing the U.S. electric grid in
this assessment.
The Department, in coordination with the Environmental
Protection Agency, is encouraged to consider the benefits of
a competitive voucher program to continue improving the
energy efficiency of commercial long-haul vehicles with
active emission-reducing technology.
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, with a focus on those utilizing non-fossil based,
renewable natural gas. Technical barriers include
demonstrations of advanced natural gas vehicles and fueling
infrastructure, medium and heavy duty on-road natural gas
engine research and development, energy efficiency
improvements, emission reduction technologies, fueling
infrastructure optimization, and renewable gas production
research and development.
The Department is directed to prioritize recycling funding
awards for projects that demonstrate recycling of all battery
components, including casings and enclosures made from
plastics and polymer composites.
The Department is directed to prioritize funding and
technical assistance through its grant programs for electric
vehicle car share programs at public housing facilities.
The Department is directed, in coordination with the
Department of Transportation and the Joint Office of Energy
and Transportation, to focus on increasing availability of
and access to publicly accessible charging infrastructure
that can support both personal vehicle uses and ride-share
services, particularly in underserved or disadvantaged
communities that lack convenient access to such
infrastructure.
The Department is encouraged in its position in the Joint
Office of Energy and Transportation to increase deployment
and accessibility of electric vehicle charging infrastructure
in underserved or disadvantaged communities through grants,
technical assistance, and community engagement and to address
``soft costs'' of installing EV charging infrastructure, such
as permitting and interconnection challenges, to accelerate
deployment. The Department is encouraged to develop and
submit a roadmap to the Committees to provide voluntary
technical assistance to municipalities aimed at reducing the
time and costs for permitting, inspecting, and
interconnecting publicly available EV supply equipment
through standardized requirements, online application
systems, recognition programs, and technical assistance.
Bioenergy Technologies.--The agreement supports research to
develop the foundation for scalable techniques to use carbon
dioxide produced in various plants, such as in biorefineries,
to produce higher value fuels, chemicals, or materials.
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.
The agreement provides not less than $44,000,000 for
feedstock technologies research and the Biomass Feedstock
National User Facility and $40,000,000 for algae-related
activities.
The agreement provides not less than $23,000,000 for the
Agile BioFoundry to accelerate the Design-Build-Test-Learn
cycle for biofuels and bioproducts with a focus on
sustainable aviation fuels.
The agreement provides not less than $100,000,000 for
Conversion Technologies. 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 $6,000,000 to support
research, at commercially relevant processing scales, into
affordable preprocessing of forest residue technologies,
forest residue fractionation technologies, and other
processing improvements relevant to thermal deoxygenation
biorefineries in order to enable economic production of
sustainable aviation fuels and economic upgrading of
hemicelluloses and lignin.
The agreement provides not less than $70,000,000 for System
Development and Integration, including for demonstration
activities. The agreement reiterates House direction on
feedstocks and biorefining processes for sustainable aviation
fuels.
The Department is directed to address research challenges
to maximize use of atmospheric carbon dioxide, including in
highly alkaline conditions to maximize carbon capture. This
research shall aim to eliminate the requirement for co-
location of algal production facilities with power plants or
costly, low-volume pipelines; increase algal productivity
levels; and lower the cost of biofuel production.
Hydrogen and Fuel Cell Technologies.--The Department is
directed to maintain a diverse program that focuses on early-
, mid-, and late-stage research and development and
technology acceleration, including market transformation.
The agreement provides not less than $100,000,000 for
H2@Scale.
The agreement provides not less than $60,000,000 for
technologies to advance hydrogen use for hard-to-electrify
transportation applications, including trains, maritime
shipping, and aviation.
[[Page S8350]]
The agreement provides up to $30,000,000 for Fuel Cell
Technologies.
The agreement provides $10,000,000 for perovskites and
other catalysts and catalyst supports for hydrogen carriers.
The Department should prioritize efforts that couple
computational modeling, experimental characterization, and
controlled synthesis, along with durability and degradation
science. The Department is encouraged to prioritize efforts
that include partnerships between at least one academic
partner and one national laboratory.
The agreement provides not less than $10,000,000 for solar
fuels research and development for hydrogen generation. The
Department is encouraged to leverage research and technology
advances from the Fuels from Sunlight Hub.
The agreement supports the Department's continued
activities for high temperature electrolyzer development and
integrated pilot level technology testing and validation,
including at national laboratories.
The agreement reiterates House direction on alkaline and
proton exchange membrane (PEM) electrolyzers.
The Department is directed to continue to consider the
economic and environmental impacts of various modes used to
transport hydrogen in its decision-making process.
The Department is directed to prioritize opportunities to
advance a network of pipelines to reliably deliver adequate
supplies of hydrogen for end users.
The Department is directed to continue efforts aimed at
reducing the cost of hydrogen production, storage, and
distribution including novel onboard hydrogen tank systems,
trailer delivery systems, and development of systems and
equipment for hydrogen pipelines.
The agreement provides not less than $15,000,000 for
Safety, Codes, and Standards to maintain a robust program and
engage with state and local agencies to support their
technical needs relative to hydrogen infrastructure and
safety.
RENEWABLE ENERGY
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, aquaculture
assessments, community outreach, and planning for long term
environmental monitoring for applications of marine energy
and floating offshore wind technologies to support
sustainable, scalable aquaculture production.
Solar Energy Technologies.--The agreement provides not less
than $60,000,000 for Concentrating Solar Power Technologies
and not less than $77,000,000 for Photovoltaic Technologies.
The agreement provides not less than $45,000,000 for
Balance of System Soft Costs efforts focused on reducing the
time and costs for permitting, inspecting, and
interconnecting distributed solar and storage projects
installed behind the customer's meter through standardized
requirements, online application systems, and grant awards to
localities which voluntarily adopt the Solar Automated Permit
Processing platform.
The agreement provides up to $40,000,000 to continue and
expand work to lower barriers to solar adoption for low-
income households, renters, multifamily homes, and minority
communities. The Department is encouraged to explore and
provide resources on financing and business models that are
well-suited to these households and communities.
The agreement provides not less than $5,000,000 for the
National Community Solar Partnership program.
The agreement provides up to $10,000,000 for technology
development, testing and verification of technologies that
help solar energy projects avoid, minimize, and mitigate
impacts on wildlife and ecosystems, including through
improved scientific research into avian-solar interactions.
The agreement provides not less than $55,000,000 for
Systems Integration and not less than $70,000,000 for
Manufacturing and Competitiveness.
The agreement provides not less than $25,000,000 for
research, development, demonstration, and commercial
activities related to cadmium telluride (CdTe). This work
shall align with the goals of the technology roadmap for
research: reducing CdTe module manufacturing costs,
addressing supply chain challenges, achieving greater cell
and module efficiency, cutting CdTe solar costs while
extending solar panel life, and increasing the global market
share of domestically produced photovoltaics.
The agreement provides not less than $25,000,000 for
perovskites.
The Department is directed to support the development of
small-scale pilot manufacturing plants for perovskite
photovoltaics. The Department is encouraged to issue awards
to commercial-ready solar perovskite entities that are
prepared to scale up solar technologies.
The agreement notes support for the recently established
Perovskite Accelerator for Commercializing Technologies
(PACT) Center, which has been established for testing the
durability of perovskite photovoltaics. The Department is
encouraged to consider establishment of a companion research
accelerator to advance the underpinnings of the technology,
following the model established for the CdTe Consortium that
was announced by the Department in 2020. A perovskite R&D
accelerator could be focused on nucleation and degradation,
the science of inherent material stability, new substrates,
energy loss mechanisms, ultra-high efficiency bifacial and
tandem devices, and inherently scalable production methods
such as solution processing and roll-to-roll manufacturing.
The Department is directed to continue supporting the
regional demonstration sites under the Solar Energy
Technologies Office.
Wind Energy Technologies.--The agreement provides not less
than $13,000,000 for distributed wind technologies.
The Department is directed to give priority to stewarding
the assets and optimizing the operations of the Department-
owned wind energy research and development facilities. The
Department should continue to prioritize mission readiness
and optimization of the operations of the National Wind
Technology Center. The agreement provides not less than
$5,000,000 for research and operations of the Integrated
Energy System at Scale, a large-scale research platform using
high-performance computing, modeling and simulation,
including improved models that can be used to understand
atmospheric and wind power plant flow physics, and
reliability and grid integration efforts.
The agreement provides up to $30,000,000 to initiate the
establishment of a university-based development and testing
facility capable of supporting industrial prototyping and
manufacturing of turbine systems capable of producing upwards
of 30 megawatts of power per unit. The Department is further
directed to support the accompanying electric grid
integration of these offshore wind turbine capabilities.
The agreement provides not less than $65,000,000 for
offshore wind. The Department is directed to support
innovative offshore wind demonstration projects to optimize
their development, design, construction methods, testing
plans, and economic value proposition. Within available funds
for offshore wind, the agreement provides not less than
$6,000,000 for advanced technology demonstration of floating
offshore wind projects.
Within available funds for offshore wind, the agreement
provides up to $6,000,000 for Centers of Excellence focused
on the offshore wind energy engineering, infrastructure,
supply chain, transmission, and other pertinent issues
required to support offshore wind in the United States.
Within available funds for offshore wind, the agreement
provides not less than $30,000,000 for floating offshore
research, development, and demonstration, including
activities to facilitate interconnection between offshore
generation facilities and the grid.
The Department is encouraged to continue to support
research and development related to siting and environmental
permitting issues, which if not properly addressed may lead
to unnecessary delays in achieving the national goal to
deploy 30 gigawatts of offshore wind generation by 2030. In
considering research and development funding related to
siting and environmental permitting issues, the Department
shall prioritize the development of technologies and
capabilities related to minimizing impacts to coastal
communities, federal radar missions, and living marine
resources.
The Department is encouraged to continue focusing efforts
with non-profit and academic partners to conduct coastal
atmospheric boundary layer characterization that will help
optimize and inform efforts of the Department of Interior's
Bureau of Ocean Energy Management and assist the growing
domestic coast wind energy industry.
Water Power Technologies.--The agreement provides not less
than $59,000,000 for Hydropower Technologies and not less
than $120,000,000 for Marine Energy. The Department is
encouraged to utilize existing authorities to waive cost
share for water power technologies research, development,
demonstration, and deployment activities.
The agreement provides up to $10,000,000 for demonstration
of a modular pumped storage project. The agreement provides
up to $35,000,000 to expand the HydroWIRES program to enhance
the flexibility of America's hydropower and pumped storage
hydropower resources, including support for research,
development, and demonstration to advance pumped storage
hydropower projects. The Department is encouraged to continue
efforts that support and demonstrate increased grid
reliability and integration of other renewable energy
resources, including applications to optimally integrate
small hydropower with advancements in battery storage and
other grid services.
The agreement provides up to $10,000,000 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 $5,000,000
for innovative analytics to optimize hydropower applications
such as machine learning-based hydrologic forecasts and
operations optimization technology advancement.
The agreement provides up to $15,000,000 for small
hydropower innovation, testing, and initiatives, including
industry-led competitive solicitations for advanced turbine
demonstrations; improved environmental performance;
standardized or modular project deployment applications; and
advanced manufacturing and supply chain innovations. The
Department is encouraged to
[[Page S8351]]
support innovative analytics to optimize hydropower
applications such as machine learning-based hydrologic
forecasts and operations optimization technology advancement.
The agreement provides up to $10,000,000 for design and
engineering based on the outcome of the Department's ongoing
scoping activities toward a network of hydropower testing
facilities. The fiscal year 2022 Act directed the Department
to provide a briefing on its strategy for establishing these
facilities. The Department is directed to provide it not
later than 30 days after enactment of this Act.
The agreement provides up to $5,000,000 for irrigation
modernization demonstration and deployment activities
including physical sites and digital tools that advance
energy, water, environmental, community, and agricultural
benefits.
The agreement provides up to $10,000,000 for the purposes
of sections 242 and 243 of the Energy Policy Act of 2005 as
being carried out by the Grid Deployment Office.
Within available funds for Marine Energy, the agreement
provides not less than $50,000,000 for industry-led
competitive solicitations to increase energy capture, improve
reliability, and to assess and monitor environmental effects
of marine energy systems and components at a variety of
scales, including full-scale prototypes. Within available
funds for Marine Energy, the agreement provides up to
$20,000,000 for continuation of foundational research
activities led by universities and research institutions
affiliated with the National Marine Energy Centers. Within
available funds for Marine Energy, the agreement provides up
to $10,000,000 for operations at the National Marine Energy
Centers in order to accelerate the transition of marine
energy technologies to market.
Within available funds for Marine Energy, the agreement
provides not less than $27,000,000 address infrastructure
needs at marine energy technology testing sites, including
general plant projects and planning activities for the staged
development of an ocean current test facility and upgrades to
facilities that provide cost effective open water access for
prototype testing. Within available funds for infrastructure
needs at marine energy technology testing sites, the
agreement provides up to $5,000,000 for the development and
construction of an open water, fully energetic, grid
connected ocean current energy test facility, not less than
$5,000,000 for general purpose plant projects, and not less
$22,000,000 to complete construction of the grid connected
wave energy test facility.
The agreement provides not less than $5,000,000 for the
Department's Marine and Coastal Research Laboratory. The
agreement provides up to $8,000,000 for continuation of the
Testing Expertise and Access for Marine Energy Research
initiative. The agreement supports the Atlantic Marine Energy
Center. 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 $24,000,000 for the Powering the
Blue Economy initiative. The Department is directed to
continue leveraging existing core capabilities at national
laboratories to execute this work, in partnership with
universities and industry.
The Department is encouraged to use its cost share waiver
authority under section 988 of the Energy Policy Act of 2005,
when applicable and as appropriate, for water power
technology research, development, demonstration, and
deployment activities.
The agreement recognizes the challenges of decarbonizing
remote communities and the maritime sector. The Department is
encouraged to continue to focus on activities addressing the
integration of clean energy systems for remote communities
and port electrification, including the demonstration of
marine, distributed wind, solar, energy storage, improved
microgrids, and local production of zero-carbon fuels.
Geothermal Technologies.--The agreement supports research,
development, and demonstration, including implementation of
the recommendations outlined in the GeoVision study and
authorized in the Energy Act of 2020.
The agreement provides up to $100,000,000 for enhanced
geothermal system demonstrations (EGS) and next-generation
geothermal demonstration projects in diverse geographic
areas. The Department is directed to include demonstration
projects in an area with no obvious surface expression or to
develop deep, direct use geothermal technologies to
distribute geothermal heat through an integrated energy
system or district heating system. The Department is directed
to consider Superhot Rock geothermal demonstrations in which
water, at that depth, would reach supercritical conditions
and demonstrate incremental improvements toward producing
supercritical water at the surface.
Renewable Energy Grid Integration.--The agreement provides
$45,000,000 for activities to facilitate the integration of
grid activities among renewable energy technologies and to
include integrated system analysis, technical assistance, and
innovative municipal or community-driven initiatives to
increase the use and integration of renewable energy in the
United States. 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 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 not less
than $185,000,000 for Industrial Efficiency and
Decarbonization.
The agreement reiterates House direction related to the
conversion and retooling of industrial facilities.
Within available funds for Industrial Efficiency and
Decarbonization, the agreement provides $20,000,000 for
continued research for energy efficiency improvement and
emissions reduction in the chemical industry including
dynamic catalyst science coupled with data analytics.
Within available funds for Industrial Efficiency and
Decarbonization, the agreement provides up to $10,000,000 for
the issuance of a competitive solicitation for university and
industry-led teams to improve the efficiency of industrial
drying processes.
The agreement provides not less than $105,000,000 for Clean
Energy Manufacturing.
Within available funds for Clean Energy Manufacturing, the
agreement provides $25,000,000 for the Manufacturing
Demonstration Facility (MDF) and the Carbon Fiber Technology
Facility. Within available funds for the MDF, the agreement
includes $5,000,000 for the development of processes for
materials solutions.
Within available funds for Clean Energy Manufacturing, 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 Department is directed to further foster the partnership
between the MDF, universities, and industry in the Great
Lakes region for economic growth and technology innovation
and manufacturing scale up related to mobility and advanced
electric vehicles, thereby accelerating technology deployment
and increasing the competitiveness of U.S. manufacturing
industries.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $15,000,000 to provide ongoing
support for the Combined Heat and Power (CHP) Technical
Assistance Partnerships and 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.
Within available funds for Clean Energy Manufacturing, the
agreement provides $5,000,000 for advanced manufacturing of
large wind blades.
Within available funds for Clean Energy Manufacturing, the
agreement provides $3,000,000 for advanced manufacturing of
large iron and steel castings and forgings for offshore wind
turbines.
The agreement supports additive manufacturing technologies
for wind energy applications.
The agreement notes the important role large-area additive
manufacturing can play in helping to advance the deployment
of building, transportation, and clean 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.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $5,000,000 for university-led
research and development of catalytic processes to transform
low value feedstocks into carbon-neutral liquid fuels and
chemical products.
Within available funds for Clean Energy Manufacturing, the
agreement provides $10,000,000 to support sustainable
chemistry research and development. The fiscal year 2021 Act
directed the Department to provide a report exploring how
incorporating sustainable chemistry in consumer and
commercial manufacturing processes fits within its research
and development portfolio and can benefit these processes.
The Department is directed to provide the report immediately.
Within available funds for Clean Energy Manufacturing, 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.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $20,000,000 to continue development
of additive manufacturing involving nanocellulose feedstock
materials made from forest products. This work shall be
conducted in partnership with the MDF to leverage expertise
and capabilities for large scale additive manufacturing.
Within available funds for Clean Energy Manufacturing, the
agreement provides $2,000,000 to fund lithium-ion battery
rejuvenation, recycling, and reuse programs that will focus
on research, education, and workforce development to help the
economy and national energy security. The agreement
reiterates House direction on these efforts.
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Within available funds for Clean Energy Manufacturing, the
agreement provides up to $12,000,000 for research in silicon
carbide and gallium nitride power electronics.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $5,000,000 to continue development
of low-cost polymer infiltration processes for the
fabrication of ceramic matrix composites and other advanced
material processes for high-temperature components, including
silicon carbide components.
The Department is directed to support the expeditious
development and production of lithium battery technology to
scale up the domestic battery supply chain. Within available
funds for Clean Energy Manufacturing, the agreement provides
up to $10,000,000 for solid state lithium metal battery
storage demonstration projects that are U.S.-controlled,
U.S.-made, and North American sourced and supplied. The
Department is directed to prioritize battery technology that
is compatible with existing and next generation cathodes,
including nickel and cobalt free cathodes, will further
enhance energy density, and is intrinsically nonflammable.
The agreement notes the Department's efforts to expand the
capabilities of the United States in advanced battery
manufacturing for long-duration grid-scale energy storage. As
the Department continues its efforts to scale up a domestic
advanced battery supply chain, including battery
manufacturing demonstration projects, the Department is
encouraged to seek a broad spectrum of battery chemistries
not wholly exclusive to lithium-ion based battery technology
and encourages the Department to craft-grant solicitations
widely enough to include all compelling emerging technologies
such as multi-day storage (MDS) chemistries such as iron-air
batteries or other new configurations.
The agreement provides not less than $80,000,000 for
Material Supply Chains.
Within available funds for Material Supply Chains, the
agreement provides up to $5,000,000 to increase participation
in databases used in generating environmental product
declarations (EPDs), the disclosure tool measuring the
embodied carbon of a product or service, in coordination with
the Environmental Protection Agency.
Within available funds for Material Supply Chains, the
agreement provides up to $15,000,000 for a competitive grant
program to improve the sustainability and competitiveness of
U.S. mining operations, including the beneficial use of
byproducts such as capturing excess nitrogen oxide and
utilizing it to produce ammonium sulfate fertilizer suitable
for agricultural use.
Within available funds for Material Supply Chains, 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 manufacturing processes for aerostructures and
other large composite structures.
The agreement provides not less than $45,000,000 for
Technical Assistance and Workforce Development.
Within available funds for Technical Assistance and
Workforce Development, the agreement provides $5,000,000 to
expand the technical assistance provided for water and
wastewater treatment. Within available funds for Technical
Assistance and Workforce Development, 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 advanced technology, as
appropriate.
The Department is encouraged to support innovation in water
technologies that will incentivize technology developments
for the blue economy, including consideration of establishing
a Center of Excellence, with a focus on the Great Lakes
region.
Within available funds for Technical Assistance and
Workforce Development, the agreement provides not less than
$10,000,000 for the Lab-Embedded Entrepreneurship Program
(LEEP) and reiterates House direction on this topic.
Building Technologies.--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 not less than $70,000,000 for
Commercial Building Integration for core research and
development of more cost-effective integration techniques and
technologies that could help the transition toward deep
retrofits, not less than $60,000,000 for Residential
Buildings Integration, and not less than $75,000,000 for
Equipment and Building Standards.
The Department is directed to advance building upgrades and
weatherization of homes, as well as to advance work in grid-
integrated efficient buildings and inclusion of smart grid
systems, demand flexibility and new initiatives in workforce
training to ensure the technology and research findings reach
practitioners. The Department is encouraged to concentrate
funding on industry teams to facilitate research, demonstrate
and test new systems, and facilitate widespread deployment
and dissemination of information and best practices through
direct engagement with builders, the construction trades,
equipment manufacturers, smart grid technology and systems
suppliers, integrators, and state and local governments and
other market transformation activities.
The agreement provides up to $30,000,000 for the Building
Energy Codes Program to increase training, including
certifications, and provide technical assistance to states,
local governments, regional collaboratives, workforce
development providers, homebuilders, office builders,
architects and engineers, and other organizations that
develop, adopt, or assist with the adoption or compliance
with model building energy codes and standards to improve
energy efficiency and resilience.
The agreement provides not less than $30,000,000 to
continue to invest in transactive energy and control research
and development efforts to support demonstrations in which
renewable energy and energy efficiency elements connected to
the electric grid, such as buildings; wind and solar; energy
storage; including batteries; hydrogen technologies; and
electric vehicle charging stations, work together seamlessly
to enhance reliability, security, and efficiency of the
nation's electric grid. The Department is directed to
prioritize market-based transactive energy principles, from
the individual energy generation/consumption nodes to the
wholesale and energy distribution markets. The Department is
directed to establish efforts in various parts of the country
where prevailing weather and market constructions differ. The
Department is further directed to prioritize projects that
connect multiple physically separated sites with multiple
topologies.
The Department is directed to carry out the Grid-
interactive Efficient Buildings (GEB) program to ensure that
a high level of energy efficiency is a core element of the
program and a baseline characteristic for GEBs, which are
also connected, smart, and flexible. EERE shall engage with
the public and private sectors, including the building and
manufacturing industries and state and local governments, to
share information on GEB technologies, costs, and benefits,
and to provide information to position American companies to
lead in this area.
The agreement provides up to $50,000,000 for solid-state
lighting.
The agreement provides up to $40,000,000 to facilitate deep
whole-house energy efficiency retrofits, particularly those
using innovations from the Advanced Building Construction
Initiative, such as demonstrations, outreach, engagement, and
training to private sector contractors, including continuing
efforts to advance smart home technology.
The Department is directed to develop programs to support a
skilled, robust, diverse, and nationally representative
building energy efficiency and building energy retrofit
workforce. The agreement provides up to $40,000,000 for these
activities.
The agreement provides up to $30,000,000 for energy-related
research and development in buildings.
The Department is encouraged to expand efforts within the
Advanced Building Construction initiative to scale
development and adoption of innovative technologies to
produce affordable, energy efficient buildings and retrofits
with low lifecycle carbon impacts. The Department is directed
to support technical assistance to state, local, and tribal
governments to reduce emissions from buildings through
efficient electrification strategies.
The Department is encouraged to concentrate funding on
industry teams to facilitate research, demonstrate and test
new systems, and facilitate widespread deployment and
dissemination of information and best practices through
direct engagement with builders, the construction trades,
equipment manufacturers, smart grid technology and systems
suppliers, integrators, and state and local governments and
other market transformation activities. Further, the
Department is encouraged to support deep whole-house energy
efficiency retrofits, particularly those using innovations
from the Advanced Building Construction Initiative, such as
demonstrations, outreach, engagement, and training to private
sector contractors, including continuing efforts to advance
smart home technology. The agreement notes support for
continued efforts to address property rating and valuation in
commercial and residential buildings as a way to improve
transparency of energy utilization in buildings for persons
and companies buying or leasing property.
The Department is encouraged to support university
research, in partnership with national labs, for developing,
building, and evaluating cross-laminated timber wall systems
for embodied energy content, operating energy efficiency,
wall moisture profiles, structural connector durability, and
health monitoring sensors.
The agreement notes support for continued research to
quantify the resilience impacts of energy codes for
buildings, occupants, and communities. Recognizing that the
pandemic has presented challenges to permit processing for
building departments reliant on paper-based systems, the
Department is encouraged to develop cloud-based software that
can facilitate permit processing for projects that conserve
energy or promote resilience as well as efforts to help
departments modernize systems.
The Department is directed to prioritize energy efficiency
measures that reduce energy consumption, especially among
high energy-burden households within communities
[[Page S8353]]
of color. The Department is directed further to focus on
increasing availability of and access to publicly,
individually, and community-owned heat pumps.
The Department is directed to support collaborative
projects with the Department of Agriculture's Agricultural
Research Service to improve the energy efficiency in
controlled environmental agriculture (CEA).
The Department is encouraged to work with two-year
community and technical colleges, labor, and nongovernmental
and industry consortia to advance job training programs and
to collaborate with the Department of Education, the
Department of Labor, and the residential and commercial
efficiency building industry to ensure support is reaching
small energy efficiency businesses that have had difficulty
accessing federal workforce support.
The agreement provides up to $5,000,000 for novel earlier-
stage research, development, and demonstration of
technologies to advance energy efficient, high-rise Cross-
Laminated Timber (CLT) building systems.
STATE AND COMMUNITY ENERGY PROGRAMS
The Department is directed to coordinate and expand
activities to convene municipal governments, provide robust
and tailored technical assistance to municipal governments,
and provide funding and support to municipal governments or
national and local partner organizations to implement best
practices to advance energy efficiency adoption, building and
vehicle electrification, grid modernization, distributed
electricity generation, and workforce development at the
local level. The Department is directed to include work with
organizations that convene and support municipal governments.
The Department is directed to obligate funds for State and
Community Energy Programs expeditiously to grantees.
The Department is directed to achieve staffing levels that
will allow it to provide robust training, technical
assistance, and oversight for the Weatherization Assistance
Program (WAP) and the State Energy Program (SEP).
Weatherization.--The Department is directed to provide to
the Committees not later than 30 days after enactment of this
Act a briefing regarding ongoing efforts at the Department to
collaborate with the Department of Health and Human Services'
Low Income Home Energy Assistance Program (LIHEAP) program
and the Department of Housing and Urban Development's HOME
Investment Partnerships Program (HOME). The Department is
encouraged to work collaboratively with other federal
agencies and to outline ways the various weatherization and
home assistance programs can better integrate assistance for
structurally deficient but weatherable residences.
Within available funds, the agreement provides $1,000,000
for 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.
The agreement supports WAP's continued participation in the
interagency working group on Healthy Homes and Energy with
the Department of Housing and Urban Development. The
Department is encouraged to further coordinate with the
Office of Lead Hazard Control and Healthy Homes on energy-
related housing projects occurrence of window replacements,
which supports the reduction of lead-based paint hazards in
homes.
The agreement notes that the Department is working to
update the Weatherization Assistance Program and encourages
the Department to update the calculation of the Savings-to-
Investment Ratio (SIR) to reflect total whole home savings
and to account for the total value measures that keep homes
prepared for future climate conditions. The Department is
encouraged to continue its work enabling states to create
priority lists of measures to reduce energy audit time and
increase the rate of production.
The Department is encouraged to work with all relevant
stakeholders to identify efficiencies for delivering
weatherization services and examine options to streamline
policies and procedures when other funding sources are
utilized in conjunction with funds from the Department. The
Department is encouraged to prioritize initiatives that
promote green, healthy, and climate resilient schools,
libraries, and other public buildings.
State Energy Program.--The Department is directed to
support technical assistance on energy and related air
quality in schools.
The Department is encouraged to prioritize initiatives that
promote green, healthy, and climate resilient schools,
libraries, and other public buildings.
MANUFACTURING AND ENERGY SUPPLY CHAINS
The agreement provides up to $15,000,000 to support the
Industrial Assessment Center (IAC) program. The Department is
directed to apply the additional funding to support regions
that are currently designated as underserved through the IAC
program.
FEDERAL ENERGY MANAGEMENT PROGRAM
The agreement provides up to $2,000,000 for workforce
development and the Performance Based Contract National
Resource Initiative.
The Department is directed to continue the consideration of
all AFFECT grant funding to be leveraged through private
sector investment in federal infrastructure to ensure maximum
overall investment in resiliency, efficiency, emissions
reductions, and security. The Department is encouraged to
prioritize funding to projects that attract at least ten
dollars for each federal dollar invested and that utilize
public-private partnerships like energy savings performance
contracts (ESPCs) and utility energy service contracts
(UESCs).
The agreement supports the Net-Zero Laboratory Initiative
to achieve ambitious, real-world pathways to net-zero
emissions with enhanced resilience. The Department is
directed to continue this effort. The Department is
encouraged to prioritize funding projects from the national
laboratory pilot's established roadmaps to catalyze adoption
not only for other national laboratories but also to the
entire federal agencies' operational footprints.
CORPORATE SUPPORT
Program Direction.--The agreement provides not less than
$22,000,000 for the Office of State and Community Energy
Programs, not less than $1,000,000 for the Office of
Manufacturing and Energy Supply Chains, not less than
$14,000,000 for the Federal Energy Management Program, and
not less than $180,000,000 for the Office of Energy
Efficiency and Renewable Energy.
Cybersecurity, Energy Security, and Emergency Response
The agreement provides $200,000,000 for Cybersecurity,
Energy Security, and Emergency Response (CESER).
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Department is directed to include an itemization of
funding levels below the control point in future budget
submissions.
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.
In light of documented cyber targeting of utilities,
including by state actors, the agreement encourages the
Department to incorporate pilot programs with private sector
participants to demonstrate active defense cybersecurity
protection.
The Department is encouraged to develop cybersecurity
consortiums of public-private-partnerships between public
universities, local and state government, and private
industry to develop a community of relevance in cybersecurity
workforce development for the energy sector.
The Department is encouraged to expand student research
participant opportunities within its cyber workforce
development programs and projects by expanding its
utilization of the DOE Scholars Program.
Risk Management Technology and Tools.--The agreement
provides $20,000,000 for the Cyber Testing for Resilient
Industrial Control System (CyTRICS) program.
The agreement provides $5,000,000 for consequence-driven
cyber-informed engineering, and $5,000,000 to support efforts
to enable security by design through execution of the
national cyber-informed engineering strategy.
The agreement provides not less than $6,800,000 to expedite
development and testing of secure inputs, processing, and
outputs of systems utilizing novel cybersecurity technology.
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.
This activity should be conducted in coordination with the
Office of Electricity.
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 Department is encouraged to establish partnerships
among universities and national laboratories to advance
research on cyber-immune critical infrastructure.
The agreement provides up to $2,500,000 for regional-scale
high-performance computer simulations of earthquake analysis
of the energy system.
Preparedness, Policy, and Risk Analysis.--The Department is
encouraged to continue trusted partnerships with information
sharing platform providers which reduce security risks by not
collecting and centralizing sensitive data such as IP
addresses, logs, packet captures and file names and keep
participants' data on premises. The recommendation provides
up to $10,000,000 to expand collective defense and community-
wide visibility programs designed for operational technology
and industrial control system networks.
The agreement supports Departmental initiatives focused on
cybersecurity risk information-sharing and secure data
anonymization and analysis for both operational and
information technology components of equipment commonly
utilized in both the bulk power system and distribution
systems. The Department is encouraged to prioritize enrolling
under-resourced electric utilities in such programs,
particularly rural electric cooperatives and municipally-
owned entities.
[[Page S8354]]
Electricity
The agreement provides $350,000,000 for Electricity. Given
concerns about the longstanding lack of clarity on the
Department's cyber research and development responsibilities,
the Office of Electricity (OE) 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
OE's research, development, demonstration, and deployment
activities. The Department is directed to provide the
Committees quarterly updates on these topics.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Department is directed to include an itemization of
funding levels below the control point in future budget
submissions.
The agreement provides up to $15,000,000 for energy storage
technology and microgrid assistance to assist electric
cooperatives and municipal power utilities in deploying
energy storage and microgrid technologies.
The Department is directed to provide to the Committees not
later than 180 days after enactment of this Act a report
related to the ability of the electric system to meet the
demand of new electric vehicle charging infrastructure. The
report should anticipate the growth in the use of light duty,
medium duty, and heavy duty electric vehicles and assess how
much additional electric generation, transmission, and
distribution capacity will need to be added to the electric
system to meet demand. Further, the Department is encouraged
to develop a plan on how the Department can assist the
electric system in meeting the anticipated increase in
demand, and then provide Congress with recommendations on how
the study can be supported legislatively. The Department is
directed to provide to the Committees not later than 90 days
after submission of the report a plan, including
recommendations, on how the Department can assist the
electric system in meeting the anticipated increase in
demand. For the report and plan, OE is directed to coordinate
with the Grid Deployment Office, the Vehicle Technologies
Office, and the Joint Office of Energy and Transportation.
GRID CONTROLS AND COMMUNICATIONS
Resilient Distribution Systems.--The Department is directed
to continue efforts to support the integration of sensors
into the nation's electric distribution systems, fundamental
research and field validation of microgrid controllers and
systems, and transactive energy concepts, including studies
and evaluations of energy usage behavior in response to price
signals. The agreement places a high priority on addressing
the challenges facing the electric power grid by advancing
the deployment of innovative technologies, tools, and
techniques to modernize and increase the resiliency of the
distribution portion of the electricity delivery system. The
Department is encouraged to work with national laboratories
and industry to advance best practices to technology
deployment and adoption across the country.
The Department is encouraged to pursue strategic
investments to improve reliability, resilience, outage
recovery, and operational efficiency, building upon previous
and ongoing grid modernization efforts.
In addition to emerging fuel technologies for distributed
grids, the Department is directed to evaluate currently
available distributed fuels, such as propane-fueled
microgrids and their ability to be paired with renewable
technology.
The Department is directed to focus on identifying and
addressing technical and regulatory barriers impeding grid
integration of distributed energy systems to reduce energy
costs and improve the resiliency and reliability of the
electric grid and funds provided for the Advanced Grid
Research and Development Division for these activities. The
agreement supports advanced control concepts and open test
beds for new distribution control tools for enhanced
distribution system resilience.
The agreement provides up to $5,000,000 to evaluate and
identify a standard approach to modeling distributed energy
resources.
OE is encouraged to focus on identifying and addressing
technical and regulatory barriers impeding grid integration
of distributed energy systems to reduce energy costs and
improve the resiliency and reliability of the electric grid.
The Department is directed to support the COMMANDER
(Coordinated Management of Microgrids and Networked
Distributed Energy Resources) National Test Bed to establish
a data link for a back-up operations center that can benefit
utility companies across the country and support the North
American Energy Resilience Model.
The agreement provides not less than $15,000,000 for a
demonstration project with the Department's Grid Sensors and
Sensor Analytics program. The demonstration activities may
focus on utilizing data from distribution utilities that have
deployed advanced metering infrastructure.
The agreement provides $10,000,000 for coordinated
research, development, deployment, and training related to
advanced microgrid-enabling technologies, with a focus on
underserved and Indigenous communities in remote and islanded
areas. The Department is directed to partner with
organizations with specialized experience addressing local
energy challenges, including community-based organizations
and institutions of higher education, with a priority for
minority-serving institutions.
Cyber Resilient and Secure Utility Communications
Networks.--The agreement provides $10,000,000 for the DarkNet
project to explore opportunities for getting the nation's
critical infrastructure off the Internet and shielding the
nation's electricity infrastructure from disruptive cyber
penetration, including expansion of the communications
network architecture and development of cutting-edge
networking technologies.
OE is directed to coordinate with CESER on 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 up to $5,000,000 for OE to partner
with utility-led facilities to evaluate and commission new
distribution communications and control technologies for a
secure smart grid.
GRID HARDWARE, COMPONENTS, AND SYSTEMS
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.
Transformer Resilience and Advanced Components.--The
agreement provides up to $5,000,000 for the Grid Research
Integration and Demonstration Center.
The Department is directed to develop a high voltage direct
current (HVDC) moonshot initiative to support research and
development to reduce the costs of HVDC technology and long-
distance transmission, including for nascent superconducting
technology.
The Department is encouraged to conduct research to reduce
costs associated with high voltage direct current converter
stations. The agreement recognizes the Department's role in
the development of a standardized power electronic converter
applied across a range of grid applications, coupled with the
need to reduce transmission costs and improve reliability
through advanced technological research. The agreement
emphasizes the security and economic imperative of fostering
and maintaining a robust domestic supply chain of
transformers and components, including the largest capacity
transformers.
The agreement reiterates concerns about the escalating cost
of rebuilding utility infrastructure in regions subject to
the effects of extreme weather and climate change and
considers the most appropriate strategy to rebuild federally
funded utility infrastructure only to specifications that can
withstand foreseeable environmental outcomes.
The Department is directed to continue to support research
and development for advanced components and grid materials
for low-cost power flow control devices, including both
solid-state and hybrid concepts that use power electronics to
control electromagnetic devices and enable improved
controllability, flexibility, and resiliency. Because there
are limited viable alternatives to Sulfur Hexafluoride (SF6)
in power generation and transmission equipment above 72kV,
the Department is encouraged to support research and
development to advance safe and effective capture and reuse
technologies for the use of SF6 in components like circuit
breakers. Below 72kV power generation and distribution
equipment is fully capable of being designed and manufactured
without SF6; therefore, 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.
GRID DEPLOYMENT
The Department is encouraged to provide public utility
commissions and state energy offices with technical
assistance for understanding distribution planning,
interconnection, and modeling of distributed energy sources.
The Department is encouraged to deploy transmission
facilities and related technologies by enhancing the
reliability and resilience of the bulk power system,
including HVDC transmission networks and interregional
connections, and integrating power-generating resources into
the electric grid. Further, the Department is encouraged to
develop opportunities for connecting areas of high energy
resources to areas of high energy demand, including offshore
transmission, and for linking together transmission planning
regions and other activities that would ensure deployment of
bulk power across a national electric grid.
Wholesale Electricity Market Technical Assistance and
Grants.--The Department is directed to provide technical and
financial assistance to states and regions to develop market
governance, planning and policy, and regulatory development
assistance related to the formation, expansion, or
improvement of grid regions to ensure a clean, reliable,
resilient, and equitable grid.
[[Page S8355]]
Nuclear Energy
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,473,000,000 for Nuclear Energy.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Department is reminded that it does not have authority
to redirect any appropriations between control points.
Transfer or reprogramming of funds requires congressional
approval. The Department may not repurpose or re-scope
projects identified in control points without prior
congressional notification.
The Department has not provided the report directed by the
fiscal year 2022 Act related to thorium molten-salt reactors.
The Department is directed to provide the report not later
than 15 days after enactment of this Act.
The fiscal year 2020 Act required the Department to
contract with the National Academy of Sciences on a report to
study the non-proliferation and security risks and
international safeguards challenges associated with advanced
nuclear reactors and related fuel cycle technologies,
including the fuel cycle for small modular reactors. The
Department is directed to provide to the Committees not later
than 90 days after enactment of this Act a report and
briefing describing how it plans to implement recommendations
from the report, including how it would propose to fund
advanced reactors that produce lower waste yields, compared
to traditional reactors.
Nuclear Energy University Program (NEUP).--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. Within available funds for NEUP,
SBIR/STTR, and TCF, the agreement provides $6,500,000 for the
University Nuclear Leadership Program, previously funded as
the Integrated University Program. The agreement supports the
diversification of financial assistance it provides through
the program to include supporting nontechnical nuclear
research that serves to increase community participation and
confidence in nuclear energy systems. Within available funds
for NEUP, SBIR/STTR, and TCF, the agreement provides
$17,500,000 for University Fuel Services, previously funded
as Research Reactor Infrastructure. The Department is
directed to provide to the Committees not later than 180 days
after enactment of this Act a report detailing the needs of
university reactor refurbishments and the potential need to
upgrade or build additional university reactors. The report
shall include a detailed plan including total lifecycle costs
and associated funding profiles for potential new university
reactors. The agreement does not provide any funds for the
planning and construction of new university nuclear reactors.
Within available funds for NEUP, SBIR/STTR, and TCF, the
agreement provides up to $12,000,000 to revitalize existing
university nuclear research infrastructure, especially in
support of nuclear cyber-physical protection, new digital
technologies in advanced nuclear reactors, and the
development and safety assessments of small modular reactors.
Advanced Reactor Licensing.--The agreement provides up to
$5,000,000 for the Advanced Nuclear Licensing Energy Cost-
Share Grant Program as authorized under 42 U.S.C. 16280.
The agreement recognizes the importance of creating a
domestic graphite supply for the nuclear energy industry. The
Department is encouraged to explore activities to secure a
domestic supply of nuclear grade graphite at synthetic
graphite facilities that are U.S.-based and U.S.-owned.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
The agreement provides $12,000,000 for integrated energy
systems.
Nuclear Science User Facilities.--The agreement provides
not less than $12,000,000 for computational support.
Joint Modeling and Simulation Program.--The agreement
continues the requirement that use and application of the
codes and tools shall be funded by the end user, not the
Joint Modeling and Simulation Program.
FUEL CYCLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION
The agreement supports availability of high-assay low-
enriched uranium (HALEU) and other advanced nuclear fuels,
consistent with section 2001 of the Energy Act of 2020.
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 Department is
directed to disburse these funds on a competitive basis.
The Department is encouraged to utilize a competitive
solicitation process to send a signal to potential domestic
and international customers that the United States strongly
supports the deployment of advanced reactors on the earliest
possible schedule. Upon approval from the Committee, the
Department may proceed with issuing a solicitation, awarding
selections, and expeditiously executing the contracts without
any further delays.
The Department is directed to provide to the Committees not
later than 30 days after enactment of this Act and not less
than 60 days prior to the obligation of Advanced Nuclear Fuel
Availability funds the report required by section 2001(b)(2)
of the Energy Act of 2020. This report shall include, at a
minimum, a plan for the program that includes specific
milestones and timelines for completion of the program, as
well as expected out-year costs.
The Department is directed to provide to the Committees not
later than 30 days after enactment of this Act a report
explaining how the Department plans to support the first core
loads needed by the Advanced Reactor Demonstration Program
(ARDP) awardees to maintain and not delay the scheduled
timelines of the demonstration projects.
The Department is encouraged to ensure that all federally-
funded transfers and shipments of uranium hexafluoride and
depleted uranium hexafluoride shall, to the extent
practicable, use American manufactured shipping cylinders and
transportation casks.
Material Recovery and Waste Form Development.--The
agreement provides not less than $27,000,000 for EBR-II
Processing for HALEU. The Department is encouraged to
continue activities related to the ZIRCEX process.
Accident Tolerant Fuels.--The agreement provides
$114,000,000 for development of nuclear fuels with enhanced
accident-tolerant characteristics to significantly mitigate
the potential consequences of a nuclear accident. The
agreement provides not less than $15,000,000 for further
development of silicon carbide ceramic matrix composite fuel
cladding for light water reactors. The agreement notes a
concern that funding for the industry-led portions of the
Accident Tolerant Fuels program is not being obligated by the
Department in a timely manner. The Department is reminded
reallocation or reprograming of funds require the Committees'
approval. The Department is directed to align its contracts
with the three industry-lead teams with the provided funding.
The Department is directed to provide to the Committees not
later than 15 days after enactment of this Act a table
summarizing the allocation of fiscal year 2023 funds.
TRISO Fuel and Graphite Qualification.--The agreement
provides $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.
Fuel Cycle Laboratory R&D.--The agreement provides not less
than $10,000,000 for an advanced metallic fuels program.
Used Nuclear Fuel Disposition R&D.--The agreement provides
$5,000,000 for advanced reactor used fuel disposition.
The Department is directed to develop an integrated
strategy between the Office of Nuclear Energy and the Office
of Environmental Management to establish a road-ready, dry
storage packaging configuration capability for Department-
owned spent fuel. The Department is directed to provide to
the Committees not later than 180 days after enactment of
this Act a briefing, including participation from the Office
of Nuclear Energy and the Office of Environmental Management,
on an implementation strategy for these activities.
Integrated Waste Management System.--The Department is
directed to move forward under existing authority to identify
a site for a federal interim storage facility. The Department
is further directed to use a consent-based approach when
undertaking these activities.
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, DEVELOPMENT, AND DEMONSTRATION
Advanced Small Modular Reactor RD&D.--The agreement
provides $165,000,000 for ongoing demonstration activities.
Within these funds, consistent with the budget request not
more than $30,000,000 is provided consistent with the
existing cooperative agreement DENE0008928. Prior to the
obligation of more than 95 percent of fiscal year 2023
funding, the Department is directed to conduct independent
cost and project management analyses of ongoing demonstration
activities through the Office of Clean Energy Demonstrations,
similar to the demonstrations of the Advanced Reactor
Demonstration Program.
Advanced Reactor Technologies.--The agreement provides not
less than $8,500,000 for Advanced Reactor Concepts and up to
$20,000,000 for MARVEL. The agreement provides not less than
$5,000,000 for continued work on the Supercritical
Transformational Electric Power Research and Development. The
agreement supports the collaboration between the national
laboratories and industry partners to develop and validate
sCO2 power conversion specifically for modular micronuclear
reactors by spring of 2023. This work should continue to be
coordinated with the Office of Fossil Energy and Carbon
Management.
ADVANCED REACTOR DEMONSTRATION PROGRAM
The Department is directed to continue to ensure the ARDP
moves forward expeditiously and to clearly articulate future
funding needs for the programs within the ARDP in future
budget requests. The Department is directed to continue to
focus resources on partners capable of project delivery in
the next four to six years.
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National Reactor Innovation Center.--The agreement supports
capital design and construction activities for demonstration
reactor test bed preparation at Idaho National Laboratory
supporting advanced reactor demonstration activities.
Construction.--Funds above the request are provided to
complete preliminary design and initiate construction for the
Safeguards Category 1 advanced reactor testbed at the Idaho
National Laboratory.
INFRASTRUCTURE
ORNL Nuclear Facilities Operations and Maintenance.--The
agreement provides $20,000,000 to be transferred to the
Office of Science for the continued safe operations and
maintenance of the Oak Ridge National Laboratory hot cells.
INL Facilities Operations and Maintenance.--The agreement
provides $318,924,000 for INL Facilities Operations and
Maintenance.
Fossil Energy and Carbon Management
The agreement provides $890,000,000 for Fossil Energy and
Carbon Management.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The agreement does not support the closure of any National
Energy Technology Laboratory (NETL) site and provides no
funds to plan, develop, implement, or pursue the
consolidation or closure of any of the NETL sites.
The agreement includes not less than $5,000,000 for
integrated energy systems.
The Department is directed to continue efforts to support
natural gas demand response pilot programs.
The Department is directed to support research,
development, and demonstration activities to show the
increased viability of renewable LPG and to pursue new
production pathways from sustainable aviation fuel
production, landfill waste, and animal waste.
The Department is directed to support pilot and
demonstration activities for chemical looping hydrogen
production and carbon capture. The Department is encouraged
to support a chemical looping hydrogen production and carbon
capture commercial demonstration project using natural gas,
biomass, or coal to demonstrate the technical, operational,
and economic advantages of chemical looping for clean
hydrogen production and carbon capture.
The agreement supports the Department's efforts to offer
undergraduate, graduate, and post-graduate students majoring
in scientific, technology, engineering, and mathematics
(STEM) disciplines the opportunity to learn about programs,
policies, and research, development, demonstration, and
deployment initiatives within the Office of Fossil Energy and
Carbon Management.
The Department is encouraged to prioritize Carbon Capture
Utilization and Storage (CCUS) funding on projects and
research that look to reduce the cost of these technologies
for commercial deployment.
Solid Oxide Fuel Cell Systems & Hydrogen.--The agreement
provides not less than $121,000,000 for the research,
development, and demonstration of solid oxide fuel cell
systems and hydrogen production, transport, storage, and use
systems.
The agreement provides up to $50,000,000 to assess
solutions to decrease potential emissions of nitrogen oxides
from the direct combustion of hydrogen in natural gas fired
power plants.
The agreement supports the continuation of the Energy
Department's Cooperative Agreements to develop cost sharing
partnerships to conduct basic, fundamental, and applied
research that assist industry in developing, deploying, and
commercializing efficient, low-carbon, nonpolluting energy
technologies that could compete effectively in meeting
requirements for clean fuels, chemical feedstocks,
electricity, and water resources.
National Carbon Capture Center.--The agreement provides
funding for the Department's National Carbon Capture Center
consistent with the cooperative agreement. The Department is
directed to use funds within CCUS and Power Systems for
research and development across a broad range of technology
and fuel applications as it determines to be merited.
The agreement provides $10,000,000 for a laboratory
demonstration project for carbon-neutral methanol synthesis
from direct air capture and carbon-free hydrogen production.
Interagency Working Group on Coal and Power Plant
Communities.--The agreement supports the Administration's
efforts to assist coal communities through their Interagency
Working Group on Coal and Power Plant Communities and
Economic Revitalization which is led by the Department. The
agreement provides $3,000,000 for these efforts.
CARBON MANAGEMENT TECHNOLOGIES
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 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 encouraged to assess environmental issues
that are common to carbon management infrastructure projects
and, where appropriate, consider proposing criteria for
required environmental reviews, in consultation with the
Council on Environmental Quality, as they relate to carbon
management technologies.
The Department is directed to conduct research,
development, and demonstration activities, including studies
and pilots, to identify categories of possible mineral and
waste feedstocks across the United States suitable for use in
CCUS technologies; assess the feasibility for technology
deployment using such feedstocks to enable the production of
low carbon cement/concretes, building materials, consumer
items and other manufactured products; and identify
applications and validate and quantify the low carbon
attributes of these products. The Department is encouraged to
carry out these activities in consultation with leading
industry specialists and in collaboration with national
laboratories. The Department is encouraged to continue
supporting activities to assist communities in the design and
construction of pilot-scale equipment and systems necessary
to demonstrate CCUS at waste to energy plants.
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 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 not less than
$15,000,000 for research and optimization of carbon capture
technologies at industrial facilities and not less than
$20,000,000 for research and optimization of carbon capture
technologies for natural gas power systems.
The agreement provides up to $75,000,000 to support front-
end engineering and design studies, including for the
development of a first-of-its-kind carbon capture project at
an existing natural gas combined cycle plant, large pilot
projects, and demonstration projects. The Department is
encouraged to prioritize entities that are primarily engaged
in the generation of electricity from natural gas in
competitive power markets.
Carbon Dioxide Removal.--The agreement provides up to
$15,000,000 for research, development and demonstration
activities related to the indirect sequestration of carbon
dioxide in ocean waters.
Carbon Utilization.--The agreement supports carbon
utilization research, development, and demonstration
activities to advance valuable and innovative uses of
captured carbon, including conversion to products such as
chemicals, plastics, building materials, and fuels. The
Department is directed to support the evaluation of carbon
utilization pathways for consideration under section 45Q of
Title 26 CFR.
The Department is encouraged to support technologies that
significantly improve the efficiency, effectiveness, costs,
emissions reductions, and environmental performance of carbon
dioxide captured from coal, natural gas, industrial
facilities, and other sources to produce fuels and other
valuable products.
The agreement provides not less than $10,000,000 for
research and development of carbon utilization using algal
systems.
The Department is encouraged to support research and
development activities in the Carbon Utilization Program to
support valuable and innovative uses of captured carbon,
including biological utilization by the conversion of carbon
dioxide to high value products such as chemicals, plastics,
building materials, curing for cement, and the integration of
carbon utilization technologies with fossil fuel power
plants, such as biological conversion systems.
Carbon Transport and Storage.--The agreement provides not
less than $40,000,000 for CarbonSAFE and not less than
$20,000,000 for the Regional Carbon Sequestration
Partnerships (the Regional Initiatives). The Department is
directed to expeditiously award the fiscal year 2022 funds
and to provide the Committees regular updates on these
activities.
The agreement supports the Department's efforts to support
front-end engineering and design for carbon dioxide transport
infrastructure necessary to deploy CCUS technologies.
Within the amounts provided for Carbon Storage, the
Department is encouraged to support surveys and site
characterization of promising ocean-based geologic
formations, and to partner with non-federal entities with the
technological capabilities to accelerate and improve this
process.
Hydrogen with Carbon Management.--The Department is
encouraged to support hydrogen research, development, and
demonstration activities that support fossil fuel-derived
hydrogen production equipped with CCUS technologies that
results in significantly reduced carbon dioxide intensity.
The agreement supports continued collaboration with the
Office of Energy Efficiency and Renewable Energy, the Office
of Electricity, and the Office of Nuclear Energy.
The agreement provides not less than $30,000,000 for
Advanced Turbines to carry out research, development, and
demonstration to develop near-zero-emission advanced turbine
technologies.
The agreement provides up to $50,000,000 for materials
research and development. The
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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.
The Department is encouraged to continue work on coal and
coal biomass to both liquids and solids activities and
encourages the Department to focus on research and
development to improve cost and efficiency of coal-to-fuels
technology implementation and polygeneration.
The agreement provides $1,500,000 to accelerate development
and deployment of wireless sensor systems for coal-fired
power generation in order to improve generative efficiency,
reduce emissions, and lower maintenance costs.
The agreement supports competitively awarded research and
development activities, coordinated with the Offices of
Nuclear Energy and Energy Efficiency and Renewable Energy, to
advance the use of supercritical power cycles.
RESOURCE TECHNOLOGIES AND SUSTAINABILITY
The agreement provides up to $30,000,000 for the Department
to assist in the discovery, identification, and
characterization of undocumented orphan oil and gas wells.
Advanced Remediation Technologies.--The agreement provides
up to $20,000,000 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.
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 though public
private partnerships with the energy industry to develop and
assess commercially viable technology to achieve the same.
The agreement provides up to $7,000,000 for the Risk Based
Data Management System. The agreement supports the continued
funding of the Risk Based Data Management System, and in
particular, its functions under FracFocus. FracFocus should
maintain its autonomy and not be incorporated into any
federal agency.
Methane Mitigation Technologies.--The agreement provides
$60,000,000 for Methane Mitigation Technologies, which
includes activities previously funded through Emissions
Mitigation from Midstream Infrastructure and Emissions
Quantification from Natural Gas Infrastructure.
The Department is encouraged to support activities to
develop and demonstrate an easily implementable,
maintainable, and low-cost integrated methane monitoring
platform. The Department is encouraged to accelerate
development and deployment of high-temperature harsh-
environment sensors, sensor packaging, and wireless sensor
hardware for power generation.
The Department is encouraged to collaborate with external
stakeholders in making use of commercial assets to monitor
methane emissions from satellites and other methane emissions
detection technologies to isolate the source of emissions at
the individual facility level and to explore technologies,
including in coordination with public-private partnerships,
that promote innovative approaches, such as detection
technologies in support of reducing methane gas emissions.
The agreement provides up to $5,000,000 for advanced
observational technologies, as validated in peer-reviewed
publications, to globally identify and mitigate methane and
volatile organic compound emissions from existing operations
assisting worldwide partners and governments deploy targeted
reduction measures.
Natural Gas Decarbonization and Hydrogen Technologies.--The
agreement provides up to $10,000,000 for a demonstration
project focused on producing hydrogen from the processing of
produced water and mineral substances and transporting
hydrogen using existing energy infrastructure.
The agreement provides up to $10,000,000 for research to
develop hydrogen transportation and storage infrastructure,
including the safety, mechanical integrity and regulatory
impacts of blending hydrogen into existing natural gas
pipelines. Comprehensive planning approaches for
transitioning segments of natural gas users to increased
hydrogen use should be part of the program, including
analysis of the infrastructure required to transport
hydrogen.
The agreement supports the Department's efforts to utilize
natural gas and related infrastructure more effectively for
decarbonization solutions, including research to convert
natural gas, natural gas liquids and other gas streams to
low-carbon, sustainable products, including chemicals and
fuels, such as ammonia and hydrogen. Further, the agreement
supports comprehensive planning approaches for transitioning
segments of the economy using hydrogen and other low-carbon
fuels. This planning should include both production, storage,
and transportation of these fuels. The Department is
encouraged to establish the Center for Sustainable Fuels and
Chemicals at the National Energy Technology Lab.
Mineral Sustainability.--The Department is directed to
submit to the Committees not later than 180 days after
enactment of this Act an assessment of the vulnerabilities to
the U.S. energy system from foreign reliance for critical and
strategic minerals and the actions the Department is taking
to bolster domestic mineral production.
The Department is directed to conduct research and
development to develop and assess advanced separation
technologies for the extraction and recovery of rare earth
elements and other critical materials from coal and coal
byproducts. Further, the Department is directed to determine
and mitigate any potential environmental or public health
impacts that could arise from the recovery of rare earth
elements from coal-based resources. 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
should 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. The Department is encouraged to
partner with universities in these efforts.
The agreement provides up to $5,000,000 for university-led
consortium for research and development of biofilm-based
barrier technologies to reduce methane emissions from orphan
wells.
The Department is directed to continue its external agency
activities to develop and test advanced separation
technologies and accelerate the advancement of commercially
viable technologies for the recovery of rare earth elements
and minerals from byproduct sources. Research should support
pilot-scale and experimental activities for near-term
applications, which encompass the extraction and recovery of
rare earth elements and minerals.
The Department is directed to continue the Carbon Ore, Rare
Earths, and Critical Minerals (CORE-CM) Program.
The agreement provides up to $10,000,000 for utilizing coal
as a precursor for high-value added products at the Carbon
Fiber Technology Facility.
NETL INFRASTRUCTURE
Within available funds for NETL Infrastructure, the
Department is directed to prioritize funds for Joule, site-
wide upgrades for safety, and addressing and avoiding
deferred maintenance.
The agreement supports the Human Resources Shared Service
Center.
Energy Projects
The agreement provides $221,968,652 for the Energy Projects
account for Community Project Funding and Congressionally
Directed Spending at the Department for the following list of
projects.
The Committees remind recipients that statutory cost
sharing requirements may apply to these projects.
The Department may use program direction funds from the
appropriate program offices to implement these projects.
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Naval Petroleum and Oil Shale Reserves
The agreement provides $13,004,000 for the operation of the
Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement includes $207,175,000 for the Strategic
Petroleum 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 $100,000 for the SPR Petroleum
Account.
Northeast Home Heating Oil Reserve
The agreement provides $7,000,000 for the Northeast Home
Heating Oil Reserve.
Energy Information Administration
The agreement provides $135,000,000 for the Energy
Information Administration.
The agreement provides up to $3,000,000 to conduct a
monthly survey of electric and heating service providers of
final termination notices sent due to bill non-payment,
service disconnections due to bill non-payment, and Service
reconnections of customers disconnected for bill non-payment,
in a form and manner determined by the agency.
Non-Defense Environmental Cleanup
The agreement provides $358,583,000 for Non-Defense
Environmental Cleanup.
Gaseous Diffusion Plants.--The agreement provides
$130,938,000 for cleanup activities at the Gaseous Diffusion
Plants, including an additional $7,500,000 above the budget
request for infrastructure improvements required for the
shipping and disposal of oxide cylinders, as well as to
advance the near-term shipment of cylinders and may be used
to demonstrate multicar oxide rail shipment at Paducah.
Small Sites.--The agreement provides $132,463,000 for Small
Sites cleanup. Within this amount, $26,409,000 is for the
Energy Technology Engineering Center, $13,500,000 is for
Idaho National Laboratory, $15,000,000 is for work on the B71
complex at Lawrence Berkeley National Laboratory, $67,000,000
is for Moab, and $10,554,000 is for excess Office of Science
facilities.
The agreement reiterates House direction regarding a
briefing on historic preservation efforts associated with the
deactivation and decommissioning of the S1W prototype
reactor.
Uranium Enrichment Decontamination and Decommissioning Fund
The agreement provides $879,052,000 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 includes
$500,000 above the budget request to maintain community
liaison activities and to provide technical and regulatory
assistance to the local community and surrounding counties.
Further, the agreement includes $20,000,000 above the budget
request to provide support for community-focused education
and training opportunities and economic development
initiatives in the local community and surrounding counties.
The agreement reiterates House direction on air and ground
water monitoring and reporting and land use planning.
Paducah Site.--Within available funding, $2,000,000 is
directed for a reindustrialization study to assess how the
Department's efforts complement the community's long-term
plans for reindustrialization and workforce development. The
Department is encouraged to utilize the additional funds to
advance deactivation work on the C-333 Process Building, one
of the four large process buildings at the site. The
agreement notes the progress of the workforce development
partnership with labor unions to train workers in the fields
of radiation protection and the Resource Conservation and
Recovery Act to build up the next generation of field
workers. The Department is encouraged to continue
prioritizing partnerships by utilizing local community
colleges and universities to train local citizens to advance
the deactivation of C-333.
Science
The agreement provides $8,100,000,000 for Science.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in front matter for the Department
of Energy.
Artificial Intelligence and Machine Learning.--The
agreement includes not less than $135,000,000 for Artificial
Intelligence and Machine Learning across the Office of
Science Programs.
Biomedical Sciences.--The Department is encouraged to
expand its relationships with NIH, including NIMH, to work
together more strategically to leverage the Department's
research capabilities, including instrumentation, materials,
modeling and simulation, and data science. The facilities and
equipment funded in this Act support applications in many
areas of biomedical research. Better coordination between the
Department and NIH could be instrumental in assisting to
develop the nation's health, security, and technologies with
novel biomedical application. The agreement includes not less
than $2,000,000 for collaboration with NIH within the
Department's data and computational mission space.
Established Program to Stimulate Competitive Research.--The
agreement provides not less than $35,000,000 for EPSCoR. The
Department is directed to continue annual or at minimum,
biennial implementation grant solicitations. Further, EPSCoR
shall be implemented and funded across all the Department of
Science Programs.
Facility Operations.--The agreement notes disappointment
with the Department's lack of support for robust user
facility operations in the budget request. Supporting these
vital user facilities should be a top priority for the
Department to advance scientific discovery. The Department is
directed to prioritize the stewardship of the user facilities
in fiscal year 2023 and in future budget requests.
HBCU/MSI Engagement.--The agreement provides not less than
$60,000,000, including through the Reaching a New Energy
Sciences Workforce (RENEW) and Funding for Accelerated,
Inclusive Research (FAIR) programs, in support of the Office
of Science's engagement with Historically Black Colleges and
Universities (HBCUs) and other Minority Serving Institutions
(MSIs) to build research capacity and workforce development.
Quantum Information Sciences.--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 Department shall continue its
coordination efforts with the National Science Foundation,
other federal agencies, private sector stakeholders, and the
user community to promote researcher access to quantum
systems, enhance the U.S. quantum research enterprise,
develop the U.S. quantum computing industry, and educate the
future quantum computing workforce. Further, the Department
is directed to provide to the Committees not later than 90
days after enactment of this Act a report of near-term
application developments and of the research funding
breakdown across the five National Quantum Information
Science Research Centers.
ADVANCED SCIENTIFIC COMPUTING RESEARCH
High Performance Computing and Network Facilities.--The
agreement provides not less than $175,000,000 for the Argonne
Leadership Computing Facility, not less than $255,000,000 for
the Oak Ridge Leadership Computing Facility, and not less
than $130,000,000 for the National Energy Research Scientific
Computing Center at Lawrence Berkeley National Laboratory.
The agreement includes not less than $90,000,000 to support
necessary infrastructure upgrades and operations for ESnet.
The Department is directed to support continued planning
and design for the High Performance Data Facility.
Mathematical, Computational, and Computer Sciences
Research.--The agreement provides not less than $300,000,000
for Mathematical, Computational, and Computer Sciences
Research.
The agreement includes not less than $15,000,000 and up to
$45,000,000 for the development of advanced memory
technologies to advance artificial intelligence and analytics
for science applications by a U.S.-based manufacturer of
memory systems and memory semantic storage.
The agreement supports the Center for Advanced Mathematics
for Energy Research Applications (CAMERA) and encourages the
Department to support the creation of a crosscutting research
program that leverages applied math, computer science and
computational science to deliver artificial intelligence
research, development, and deployment to increase the
scientific productivity of the user facilities.
The agreement provides not less than $20,000,000 for
computational sciences workforce programs.
BASIC ENERGY SCIENCES
The agreement provides not less than $130,000,000 for
Energy Frontier Research Centers, $25,000,000 for the
Batteries and Energy Storage Hub, and not less than
$20,000,000 for the Fuels from Sunlight Hub.
The agreement provides $1,000,000 to establish a center,
with coordination between the national laboratories and
universities, focused on computational research for precision
design of materials. This research should be focused on
developing computational research relevant to the Materials
Genome Initiative, the National Quantum Initiative and
Computational Materials Science in order to discover and
understand advanced materials with unique properties that are
able to develop new quantum device capabilities, such as
enhanced resolution in imaging, sensors, and detectors, as
well as significantly larger computational capabilities.
The agreement provides not less than $566,000,000 for
facilities operations of the nation's light sources, not less
than $311,000,000 for facilities operations of the high-flux
neutron sources, and not less than $149,000,000 for
facilities operations of the Nanoscale Science Research
Centers (NSRC).
The agreement provides not less than $17,500,000 for other
project costs, including $5,000,000 for Advanced Photon
Source Upgrade, $4,000,000 for Linac Coherent Light Source-
II-HE, $5,000,000 for the Second Target Station, not less
than $2,000,000 for HFIR Pressure Vessel Replacement, and
$1,500,000 NSLS-II Experimental Tools III.
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The agreement includes $25,000,000 for NSRC
Recapitalization and not less than $25,000,000 for NSLS-II
Experimental Tools-II.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The agreement includes not less than $405,000,000 for
Biological Systems Science and not less than $425,000,000 for
Earth and Environmental Systems Sciences.
The agreement provides up to $20,000,000 to support low-
dose radiation research. The Department is directed to
coordinate this work with the Office of Environment, Health,
Safety, and Security.
The agreement provides not less than $110,000,000 for the
Bioenergy Research Centers to accelerate research and
development needed for advanced fuels and products.
The Department is directed to maintain Genomic Science as a
top priority, and the agreement provides not less than
$109,000,000 for Foundational Genomics Research. Further, the
agreement includes not less than $45,000,000 for Biomolecular
Characterization and Imaging Science. The agreement provides
not less than $90,000,000 for the Joint Genome Institute.
The Department is directed to support activities to advance
Artificial Intelligence for Earth System Processes (AI4ESP)
for integrating diverse observations and models, with a focus
on water cycles, extreme hydrology in vulnerable watersheds
critical for U.S. water resilience in a changing climate, and
atmospheric cloud aerosols.
The Department is directed to support activities to develop
integrated mountainous hydroclimate modeling and
observational capabilities. The Department is directed to
leverage activities supported by other federal agencies who
are also active in investigating how the snow dominated Upper
Colorado mountainous systems are responding to extreme events
and gradual warming and the implications for water resilience
in the western United States.
The Department is encouraged to support activities for
academia to perform independent evaluations of climate models
using existing data sets and peer-reviewed publications of
climate-scale processes in order to determine various models'
ability to reproduce the actual climate.
The agreement provides $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, by leveraging
national laboratories' assets as well as local infrastructure
and expertise at universities and other research
institutions. The Department is directed to provide the ten-
year research plan to the Committees not later than 30 days
after enactment of this Act.
The agreement provides not less than $36,000,000 to improve
the understanding of key cloud, aerosol, precipitation, and
radiation processes. The Department is encouraged to
coordinate with the Department of Homeland Security to
improve modernization and adaptation of capabilities from the
National Infrastructure Simulation and Analysis Center to
support climate impacts on infrastructure and communities.
The Department is encouraged, in cooperation with other
agencies as relevant, to implement a pilot program providing
instrumentation for observing marine aerosols, greenhouse
gases, and other environmental factors as relevant, deployed
on commercial or other non-dedicated ocean vessels, and to
evaluate a sustained observing network using such platforms.
The agreement notes support for the Department's activities
to support the previously-directed five-year plan and
accompanying scientific assessment led by the Office of
Science and Technology Policy on solar and other climate
interventions.
The agreement supports the development and prototyping of
fabricated ecosystem testbeds, sensing systems and data
capabilities to enable interrogation of biological-
environmental interactions across molecular to ecosystem-
relevant scales-under controlled laboratory conditions and
through remote connections to field observatories.
The agreement provides $2,000,000 for academia to perform
independent evaluations of climate models using existing data
sets and peer-reviewed publications of climate-scale
processes to determine various models' ability to reproduce
the actual climate.
The agreement provides not less than $120,000,000 for
Environmental System Science.
The Department is directed to continue to support the
Environmental System Science Focus Areas and enabling
infrastructure, such as the SPRUCE manipulation site and
management of the AmeriFLUX project.
The Department is directed to give priority to optimizing
the operation of Biological and Environmental Research User
Facilities. The agreement provides not less than $65,000,000
for operation of the Environmental and Molecular Sciences
Laboratory and supports investment in the microbial molecular
phenotyping capability project. The agreement supports
activities for the Atmospheric Radiation Measurement (ARM)
User Facility.
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, and the Committees' endeavor to provide funding that
reflects the prioritization developed through the community's
consensus process. The Department is directed to include an
explanation in future budget requests how the Department is
aligning its Fusion Energy Sciences program with the
recommendations of the ``Powering the Future: Fusion and
Plasmas'' report.
The agreement provides not less than $45,000,000 for Theory
& Simulation and not less than $81,000,000 for Burning Plasma
Science Long Pulse.
The agreement provides not less than $104,000,000 for NSTX-
U, including NSTX-U Operations and NSTX-U Research.
The agreement provides not less than $130,000,000 for DIII-
D, including DIII-D Operations and DIII-D Research. The
Department is encouraged to support activities to enable
completion of planned facility enhancements, revitalization
of critical equipment, and critical new tools to address
critical research needs and secure U.S. leadership in support
of ITER and a potential future fusion pilot plant. The
Department is encouraged to provide increased research
operations and enable broader participation in the DIII-D
program by university researchers and graduate students, to
fully exploit the world leading capabilities developed at the
facility. Further, the Department is encouraged to support
training activities at DIII-D for the next generation of
fusion scientists.
The agreement includes not less than $25,000,000 for the
Milestone-Based Development Program.
The Department is encouraged to prioritize high-performance
computation activities for fusion energy research.
The agreement provides up to $32,000,000 for the High-
Energy-Density Laboratory Plasmas to advance cutting-edge
research in extreme states of matter, support and expand the
capabilities of the LaserNetUS facilities, and continue
investments in new intense, ultrafast laser technologies and
facilities needed to implement the recommendations of the
Brightest Light Initiative Workshop Report in order to retain
U.S. leadership in these fields.
The agreement provides not less than $14,000,000 for the
Materials Plasma Exposure eXperiment.
The agreement provides $5,000,000 to support research for
facility enhancements and new development and test facilities
for university-based fusion experiments.
The agreement provides $242,000,000 for the ITER project.
Within available funds for ITER, the agreement provides not
less than $70,000,000 for cash contributions.
The Department is encouraged to develop and support a
national team for ITER research, operations, and
commissioning, which is required to take full advantage of
ITER when it is completed.
The agreement includes no direction regarding the FY22
required ITER information.
HIGH ENERGY PHYSICS
The agreement provides not less than $35,000,000 for the
Sanford Underground Research Facility. The agreement includes
up to $10,000,000 for the Cosmic Microwave Background-Stage
4.
The Department is encouraged to fund facility operations at
levels for optimal operations. The Department is encouraged
to fund facility operations and MIEs at optimal levels.
NUCLEAR PHYSICS
The Department is directed to give priority to optimizing
operations for all Nuclear Physics user facilities.
The agreement provides not less than $20,000,000 for other
project costs for the Electron Ion Collider.
ISOTOPE R&D AND PRODUCTION
The agreement provides up to $4,000,000 to increase their
inventory of Sr-90 in light of the nation's growing demand
for Sr-90 for multiple applications.
WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS
The Department is encouraged to continue to work with 2-
year, community and technical colleges, labor, and
nongovernmental and industry consortia to pursue job training
programs, including programs focused on displaced fossil fuel
workers, that lead to an industry-recognized credential in
the energy workforce.
Nuclear Waste Disposal
The agreement provides $10,205,000 for Nuclear Waste
Disposal for Nuclear Waste Fund (NWF) oversight activities,
which is derived from the NWF.
The Department is directed to provide to the Committees not
later than 90 days after enactment of this Act a briefing on
anticipated future-year requirements for NWF oversight
activities.
Technology Transitions
The agreement provides $22,098,000 for Technology
Transitions.
The agreement provides not less than $5,000,000 to support
the Energy Program for Innovation Clusters Program.
The Department is directed to provide the Committees not
later than 180 days after enactment of this Act a report
outlining the office's five-year roadmap to achieving its
goal of commercializing the Department's technology.
Clean Energy Demonstrations
The agreement provides $89,000,000 for Clean Energy
Demonstrations.
The agreement notes support for the Department's activities
to build capacity to implement large-scale funding
opportunities
[[Page S8365]]
as well as prepare for long-term operation of the office. The
Office of Clean Energy Demonstrations (OCED) represents an
opportunity for the Department to provide dedicated expertise
and focus to successfully implement large-scale, pre-
commercial clean energy technology demonstrations. The
Department is encouraged to prioritize technology
demonstrations for the highest emitting sectors.
The agreement notes support for the Department's efforts to
demonstrate the technical and economic viability of carrying
out alternative energy projects on current and former mine
land compatible in a manner with existing operations.
The Department is directed to continue to provide the
Committees quarterly briefings on efforts to conduct
administrative and project management activities for
technology demonstrations.
The Department is directed to conduct OCED activities on a
competitive basis and include cost-share requirements
pursuant to section 988 of the Energy Policy Act of 2005. The
Department is encouraged to conduct these activities through
technology neutral solicitations focused on crosscutting
energy challenges. It is expected that the Department avoid
the practice of making awards dependent on funding from
future years' appropriations.
Advanced Research Projects Agency--Energy
The agreement provides $470,000,000 for the Advanced
Research Projects Agency--Energy.
The budget request proposes to expand ARPA-E's scope to
focus on climate innovations, adaptation, and resilience. The
agreement notes that ARPA-E already has the ability to fund
this work through section 5012 of the America COMPETES Act.
This includes climate-related innovations, and further, the
agreement notes that ARPA-E already funds such activities.
Title 17 Innovative Technology Loan Guarantee Program
The agreement provides a net appropriation of $31,206,000
in administrative expenses for the Title 17 Innovative
Technology Loan Guarantee Program.
As provided in 42 U.S.C. 16511, the Secretary may make
guarantees under this section only for projects that avoid,
reduce, or sequester air pollutants or anthropogenic
emissions of greenhouse gases and employ new or significantly
improved technologies as compared to commercial technologies
in service in the United States upon issuance of the loan
guarantee.
Advanced Technology Vehicles Manufacturing Loan Program
The agreement provides $9,800,000 for the Advanced
Technology Vehicles Manufacturing Loan Program.
Tribal Energy Loan Guarantee Program
The agreement provides $4,000,000 for the Tribal Energy
Loan Guarantee Program.
Indian Energy Policy and Programs
The agreement provides $75,000,000 for Indian Energy Policy
and Programs.
The agreement provides up to $45,000,000 to advance
technical assistance, demonstration, and deployment of clean
energy for households and communities in tribal nations to
improve reliability, resilience, and alleviate energy
poverty.
The agreement provides up to $8,000,000 for coordinated
research, development, deployment, and training related to
advanced microgrid-enabling technologies, with a focus on
underserved and Indigenous communities in remote and islanded
areas.
The Department is encouraged to use its cost share waiver
authority under section 2602 of the Energy Policy Act of
1992, as modified by section 8013 of the Energy Act of 2020,
when appropriate.
The Department is encouraged to partner with organizations
with specialized experience addressing local energy
challenges, including community-based organizations and
institutions of higher education, with a priority for
minority-serving institutions.
The agreement notes support for the Office of Indian
Energy's efforts to utilize local Subject Matter Experts to
assist Indian Tribes and Alaska Native Villages in
development energy projects and providing support for energy
planning.
The Department is encouraged to design funding opportunity
announcements that do not exclude tribes based on local land
ownership structures, consistent with expanded authority
under section 2602 of the Energy Policy Act of 1992, as
modified by section 8013 of the Energy Act of 2020.
Departmental Administration
The agreement provides $283,000,000 for Departmental
Administration.
Control Points.--The agreement includes eight reprogramming
control points in this account to provide flexibility in the
management of support functions. The Other Departmental
Administration activities include Management, Project
Management Oversight and Assessments, Chief Human Capital
Officer, Office of 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 $125,000,000 for cybersecurity and cyber modernization
across the Department. The agreement provides up to
$10,000,000 for the IM Office of Architecture, Engineering,
Technology, and Innovation to expand low-code application
development across the Department and establish a Low-Code
Platform Factory that improves the efficiency of custom
application development, improves cybersecurity posture,
reduces operation and maintenance costs associated with
legacy applications, and empowers Department personnel who
are closest to problems to create solutions, selecting low-
code application development options that are most
appropriate for each mission need pursuant to IM's market
research.
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 $35,000,000 for the Chief Human Capital
Officer, not less than $13,500,000 for Project Management
Oversight and Assessments, and not less than $20,000,000 for
the Office of Policy.
U.S. Energy and Employment Report.--The Department is
directed 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. The information collected shall include data
relating to employment figures and demographics in the U.S.
energy sector using methodology approved by the Office of
Management and Budget in 2016. The Department is directed to
produce and release this report annually.
The agreement is supportive of the work on the CIO Business
Operations Support Services (CBOSS) program, and the
Department is directed to provide regular updates on any
developments regarding this effort.
The Arctic Energy Office is encouraged to explore the
feasibility, scalability, and potential commercialization of
utilizing data server waste heat from immersion cooling
technologies as a heat source for integration with other
renewable energy resources for heat pump district heating
purposes.
Office of the Inspector General
The agreement provides $86,000,000 for the Office of the
Inspector General.
The Inspector General is directed to continue providing
quarterly briefings to the Committees on implementation of
the independent audit strategy.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $22,162,564,000 for the National
Nuclear Security Administration (NNSA). The agreement
continues funding for recapitalization of our nuclear weapons
infrastructure, while modernizing and maintaining a safe,
secure, and credible nuclear deterrent without the need for
underground testing. The agreement supports continuing
important efforts to secure and permanently eliminate
remaining stockpiles of nuclear and radiological materials
both here and abroad to reduce the global danger from the
proliferation of weapons of mass destruction. The agreement
also supports Naval Reactors and the important role they play
in enabling the Navy's nuclear fleet.
A highly skilled and diverse workforce is required to
maintain and modernize the nuclear weapons stockpile and
execute the global nonproliferation initiatives of the NNSA.
The agreement commends the NNSA for considerable progress
made to recruit and retain this unique workforce but reminds
NNSA to remain within authorized staffing levels in the
coming fiscal year.
The agreement notes concern with NNSA's lack of
transparency and inability to proactively communicate with
the Committees. NNSA is directed to provide to the Committees
not later than 30 days after enactment of this Act a briefing
on its plan for improved communication and outreach with the
Committees.
NNSA Reorganization.--The agreement notes concern that NNSA
has not clearly defined a compelling rationale that justifies
its May 2022 announced reorganization. Reorganizations are
often disruptive to work and difficult on the workforce,
which in turn can decrease overall performance and
productivity. Further, NNSA's high-level goals for the
reorganization are unspecific, and NNSA may find it difficult
to determine whether the reorganization is successful. NNSA
should take additional action while it continues to implement
its July 2022 reorganization.
Therefore, NNSA is directed to establish not later than 90
days after enactment of this Act specific goals and
performance measures for its July 2022 reorganization. NNSA
is further directed to report to the Committees not later
than one year after enactment of this Act and annually
thereafter for five years on its progress to meeting the
specific goals for the July 2022 reorganization using the
established performance measures.
Enhanced Mission Delivery Initiative.--The agreement
recognizes the unique challenges associated with the
operations of the nuclear security enterprise. Given its
current workload, recruiting and retention concerns, and the
importance of the relationship between the federal personnel
and the M&O contractors, NNSA action on recommendations in
its recent Enhanced Mission Delivery Initiative (EMDI) may be
prudent. Prior to NNSA's implementation of any EMDI
recommendations, the Comptroller General of the United States
is directed to evaluate the
[[Page S8366]]
proposed implementation and brief the Committees on its
findings at a schedule to be determined in consultation with
the Committees.
Project Management.--The agreement notes NNSA's inability
to properly estimate costs and timelines for large projects.
The NNSA is encouraged to assess and reassess as needed
current performance on projects costing more than
$750,000,000 and make appropriate project management changes.
When reassessing, the NNSA is encouraged to identify problems
in cost and schedule estimates early, and provide updated
information to the Committees immediately.
Weapons Activities
The agreement provides $17,116,119,000 for Weapons
Activities.
The agreement urges the Administration to ensure that
military requirements align to what the NNSA can
realistically achieve.
University Collaboration.--The agreement notes progress in
establishing the Center of Excellence regarding lifetime
extension and materials degradation issues, including its
expansion to the entire nuclear security enterprise. NNSA is
encouraged to continue these efforts, including developing a
recruiting pipeline capability across the enterprise, in
consultation with institutions that have an existing track
record with institutions traditionally underrepresented in
the nuclear security industry, including Minority Serving
Institutions and Historically Black Colleges and
Universities.
Cattle.--The agreement notes the presence of unauthorized
and unbranded cattle on Department land near Los Alamos
National Laboratory. The cattle pose health, safety, and
environmental risks. NNSA is encouraged to remove all
unauthorized and unbranded cattle between Water Canyon and
Frijoles Canyon not later than 12 months after enactment of
this Act. NNSA is directed to provide to the Committees not
later than 12 months after enactment of this Act a plan for
removal of all unauthorized and unbranded cattle from
Department property near Los Alamos National Laboratory,
including statutory impediments to that plan.
Plutonium Pit Production.--NNSA is directed to provide to
the Committees not later than 180 days after enactment of
this Act a plan to establish a two-site Integrated Master
Schedule covering the entirety of the work required to
produce 80 pits per year and a timeline that NNSA has high
confidence will achieve this critical requirement.
NNSA is further directed to provide to the Committees not
later than 180 days after enactment of this Act a contingency
plan coordinated with the Department of Defense for meeting
strategic deterrent requirements based on current pit
production timelines.
Plutonium Modernization.--The agreement provides not less
than $10,000,000 for workforce development and training
partnerships with Historically Black Colleges and
Universities (HBCUs), Hispanic-Serving Institutions, and
Tribal Colleges and Universities in South Carolina and New
Mexico to support plutonium pit production.
Academic Programs.--The agreement provides $45,000,000 for
the Minority Serving Institution Partnership Program and
$10,000,000 for the Tribal Education Partnership Program.
Inertial Confinement Fusion (ICF) and High Yield.--The
agreement provides $630,000,000 for ICF. Within available
funds, the agreement provides not less than $380,000,000 for
the National Ignition Facility (NIF), not less than
$86,100,000 for OMEGA, and not less than $82,600,000 for the
Z Facility. Within funds provided for Facility Operations,
the agreement provides not less than $35,000,000 for NNSA to
manage target development and acquisition. The fiscal year
2022 Act directed NNSA to provide to the Committees a
strategic plan for recapitalizing, upgrading, and maintaining
ICF facilities. NNSA is directed to provide the report to the
Committees not later than 30 days after enactment of this
Act.
Advanced Simulation and Computing.--The agreement provides
$35,000,000 for research in advanced memory technology and
near-memory computing architectures by a U.S.-based
manufacturer of very large-scale memory systems and memory
semantic storage from 100s of terabytes to petabytes that
will inspire advancements in data marshaling technologies
that will dramatically improve effective performance for NNSA
mission applications.
Contractor Pensions.--The agreement provides $114,632,000
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 $2,490,000,000 for Defense Nuclear
Nonproliferation.
NNSA is encouraged to continue to cooperate and support the
Office of Nuclear Energy in developing safeguards concepts,
policies, and technologies to address the proliferation
challenges unique to advanced nuclear reactors. NNSA is
further encouraged to cooperate with the national
laboratories and industry to support the implementation of
``safeguards-by-design'' features in advanced nuclear
reactors.
The agreement provides $51,200,000 to pack and ship
material from Y-12 to a domestic commercial processor to
begin production of limited quantities of HALEU.
The agreement provides $30,000,000 to remove HALEU from a
partner country.
The agreement provides not less than $25,000,000 for the
Green Border Security Initiative within the Nuclear Smuggling
Detection and Deterrence program.
The agreement provides $20,000,000 for the University
Consortia for Nonproliferation Research.
NNSA Bioassurance Program.--The agreement reiterates House
direction regarding initial and quarterly reporting on
Bioassurance activities.
Contractor Pensions.--The agreement provides $55,708,000
for payments into the legacy UC defined benefit pension
plans, the Requa settlement reached in 2019, and the pension
plan at the SRS.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,081,445,000 for Naval Reactors.
Naval Reactors Development.--Naval Reactors is directed to
provide quarterly briefings to the Committees outlining its
research and development program's direction and plan for the
future.
Federal Salaries and Expenses
The agreement provides $475,000,000 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 not later than 30
days a report justifying the excess.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $7,025,000,000 for Defense
Environmental Cleanup.
Future Budget Requests.--The Department is directed to
include out-year funding projections in the annual budget
request by control point for Environmental Management, and an
estimate of the total cost and time to complete each site.
Richland.--The agreement provides $1,006,519,000 for
Richland Operations in order to fund the Department's
compliance with its legal obligations under the Tri-Party
Agreement. As a signatory to the Tri-Party Agreement, the
Department is required to meet specific compliance milestones
toward the cleanup of the Hanford site. Among other things,
the Department committed to provide the funding necessary to
enable full compliance with its cleanup milestones. The
agreement recognizes that significant progress has been made
at the Hanford site, but greater funding will be necessary to
meet compliance milestones.
In additional to annual operations funding to support the
national historical park mission, the agreement funds B
Reactor roof replacement and other preservation efforts as
well as all other operations and maintenance requirements for
the B Reactor facility.
The Department is directed to support the Hanford Workforce
Engagement Center to provide education and advocacy to
current and former Hanford employees on all available federal
and state compensation programs as well as the Hazardous
Materials and Emergency Response facilities, which provide
valuable training to Hanford employees.
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 provides
$1,730,408,000 for the Office of River Protection. The
Department is reminded that meeting the Consent Decree
milestone for operations of Direct Feed Low Activity Waste
must remain the Department's top focus within the Office of
River Protection. 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.
Idaho National Laboratory.--The agreement notes efforts
underway at the Idaho National Laboratory Site to collaborate
across all programs and contractors to address respective
missions. The agreement encourages the Office of Nuclear
Energy, the Office of Environmental Management, and Naval
Reactors to continue this integration to ensure existing
facilities, capabilities, and workforce are being utilized
efficiently and effectively. As part of this integration
effort, the Department is directed to develop an Idaho
Sitewide Spent Nuclear Fuel Management Plan and shall analyze
the use of the Naval Reactors spent fuel packaging facility
to support EM's packaging needs in lieu of new construction.
The agreement notes that funding was provided in the fiscal
year 2022 Act to pilot a road-ready, dry storage packaging
capability and the Department is encouraged to move forward
expeditiously with these activities in coordination with the
Office of Nuclear Energy. Further, the Department is directed
to provide to the Committees not later than 60 days after
enactment of this Act a briefing, coordinated between the
Offices of Environmental Management and Nuclear Energy, to
address elimination of mixed waste streams identified in the
Idaho National Laboratory Site Treatment Plan.
Program Direction.--The agreement recognizes the need to
prepare the next generation
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of environmental management workforce and encourages the
Department to continue mentoring, training, and recruiting
the next generation of environmental management workforce. As
part of its workforce strategies, the Department is
encouraged to leverage the DOE Scholars Program to enable the
training of technicians to support cleanup and remediation
activities across the program.
Technology Development.--The agreement provides $5,000,000
for the National Spent Nuclear Fuel Program to address issues
related to storing, transporting, processing, and disposing
of Department-owned and managed spent nuclear fuel. The
agreement provides up to $7,000,000 for work on
qualification, testing and research to advance the state-of-
the-art containment ventilation systems.
Defense Uranium Enrichment Decontamination And Decommissioning
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $586,035,000 for Defense Uranium
Enrichment Decontamination and Decommissioning.
Other Defense Activities
The agreement provides $1,035,000,000 for Other Defense
Activities.
The agreement notes the importance of the Environment,
Health, Safety, and Security mission to inform worker health
and safety decisions. The Department is encouraged to support
efforts to further engage subject matter experts, knowledge
sharing tools, and health database innovations allowing for
continuous improvement in this important area.
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 $10,608,000
for the Southwestern Power Administration.
Construction, Rehabilitation, Operation And Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of $98,732,000
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 $508,400,000 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 TRANSFER OF FUNDS)
The agreement includes a provision prohibiting the use of
funds provided in this title to initiate requests for
proposals, other solicitations, or arrangements for new
programs or activities that have not yet been approved and
funded by Congress; requires notification or a report for
certain funding actions; prohibits funds to be used for
certain multi-year ``Energy Programs'' activities without
notification; and prohibits the obligation or expenditure of
funds provided in this title through a reprogramming of funds
except in certain circumstances. The notification
requirements in the provision also apply to the modification
of any grant, contract, or Other Transaction Agreement where
funds are allocated for new programs, projects, or activities
not covered by a previous notification.
The agreement includes a provision authorizing intelligence
activities of the Department of Energy for purposes of
section 504 of the National Security Act of 1947.
The agreement includes a provision prohibiting the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The agreement includes a provision prohibiting the use of
funds in this title to approve critical decision-2 or
critical decision-3 for certain construction projects, unless
a separate independent cost estimate has been developed for
that critical decision.
The agreement includes a provision regarding authority to
release refined petroleum product from the Strategic
Petroleum Reserve.
The agreement includes a provision to prohibit certain
payments.
The agreement includes a provision transferring certain
funds that may only be used for cleanup related activities at
the Paducah, KY and Portsmouth, OH gaseous diffusion plants.
The agreement includes a provision related to the loan
programs.
The agreement includes a provision regarding property
disposition.
The agreement includes a provision that prohibits the use
of certain funds in this title unless project management is
conducted.
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TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement provides $200,000,000 for the Appalachian
Regional Commission (ARC).
The agreement provides $8,000,000 for Local Development
Districts.
The agreement provides $10,000,000 to continue the program
of high-speed broadband deployment in distressed counties
within the Central Appalachian region that have been most
negatively impacted by the downturn in the coal industry.
The agreement provides not less than $15,000,000 for
counties within the Northern Appalachian region to support
economic development, manufacturing, and entrepreneurship.
The agreement provides $16,000,000 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 provides $65,000,000 is for the POWER Plan.
The agreement includes $13,000,000 to address the substance
abuse crisis that disproportionally affects Appalachia.
The agreement provides not less than $16,000,000 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.
The agreement provides $15,000,000 to continue a program of
high-speed broadband deployment in economically distressed
counties within the North Central and Northern Appalachian
regions.
The agreement reiterates House direction regarding high-
poverty areas.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The agreement provides $41,401,000 for the Defense Nuclear
Facilities Safety Board (DNFSB).
Congress permanently authorized the Inspector General for
the Nuclear Regulatory Commission to serve as the Inspector
General for the DNFSB. The agreement includes $1,520,000
within the Office of Inspector General of the Nuclear
Regulatory Commission to perform these services.
Delta Regional Authority
SALARIES AND EXPENSES
The agreement provides $30,100,000 for the Delta Regional
Authority.
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.
Denali Commission
The agreement provides $17,000,000 for the Denali
Commission.
The agreement reiterates House direction regarding high-
poverty areas.
Northern Border Regional Commission
The agreement provides $40,000,000 for the Northern Border
Regional Commission (NBRC).
The agreement provides not less than $4,000,000 for
initiatives that seek to address the decline in forest-based
economies throughout the region and $1,250,000 for the State
Capacity Building Grant Program authorized in the 2018 Farm
Bill, provided that the funds support dedicated in-state
resources focused on NBRC programs.
The agreement reiterates House direction regarding high-
poverty areas.
Southeast Crescent Regional Commission
The agreement provides $20,000,000 for the Southeast
Crescent Regional Commission.
The agreement reiterates House direction regarding high-
poverty areas.
Southwest Border Regional Commission
The agreement provides $5,000,000 for the Southwest Border
Regional Commission.
The agreement supports targeted investment in impoverished
areas to promote economic development in communities where it
has been scarce, both in persistent poverty counties and in
other high-poverty areas.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $911,384,000 for the Nuclear
Regulatory Commission. This amount is offset by estimated
revenues of $777,498,000, resulting in a net appropriation of
$133,886,000.
Budget Execution Plan.--The Commission is directed to
provide to the Committees not later than 30 days after
enactment of this Act a specific budget execution plan. The
plan shall include details at the product line level within
each of the control points.
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 $23,800,000 for the development of
regulatory infrastructure for advanced nuclear technologies,
which is not subject to the Commission's general fee recovery
collection requirements. The Commission is encouraged to
incorporate nuclear safeguards and security requirements into
its development of the advanced reactor regulatory
infrastructure and to work with the Department of Energy, the
International Atomic Energy Agency, and other groups in the
formulation of its licensing requirements.
Accident Tolerant Fuels Program.--The Commission is
directed to submit a report to the Committees on the
preparedness for accident tolerant fuel licensing with a
focus on what steps are being taken to ensure that licensing
activities (including higher burnup and enrichment) support
projected deployment schedules.
(Dollars in thousands)
------------------------------------------------------------------------
Account Final Bill
------------------------------------------------------------------------
Nuclear Reactor Safety................................. $490,673
Integrated University Program.......................... 16,000
Nuclear Materials and Waste Safety..................... 111,594
Decommissioning and Low-Level Waste.................... 23,866
Corporate Support...................................... 285,251
Use of Prior-Year Balances............................. -16,000
----------------
Total, Nuclear Regulatory Commission............... 911,384
------------------------------------------------------------------------
OFFICE OF INSPECTOR GENERAL
The agreement provides $15,769,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is offset by revenues of $12,655,000, resulting in a
net appropriation of $3,114,000.
The agreement provides $1,520,000 to provide inspector
general services for the Defense Nuclear Facilities Safety
Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The agreement provides $3,945,000 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.
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.
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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