December 21, 2020 - Issue: Vol. 166, No. 218 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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House of Representatives; Congressional Record Vol. 166, No. 218
(House of Representatives - December 21, 2020)
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[Pages H8311-H8851] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] [[Page H8311]] House of Representatives EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE COMMITTEE ON APPROPRIATIONS, REGARDING THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 133, CONSOLIDATED APPROPRIATIONS ACT, 2021 The following is an explanation of the Consolidated Appropriations Act, 2021. ______ DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 The following statement to the House of Representatives and the Senate is submitted in explanation of the agreed upon Act making appropriations for energy and water development for the fiscal year ending September 30, 2021, and for other purposes. The explanatory statement accompanying this division is approved and indicates congressional intent. Unless otherwise noted, the language set forth in House Report 116-449 carries the same weight as the language included in this explanatory statement and should be complied with unless specifically addressed to the contrary in this explanatory statement. While some language is repeated for emphasis, it is not intended to negate the language referred to above unless expressly provided herein. Additionally, where this explanatory statement states that the ``agreement only includes'' or ``the following is the only'' direction, any direction included in the House report on that matter shall be considered as replaced with the direction provided within this explanatory statement. In cases where the House has directed the submission of a report, such report is to be submitted to the Committees on Appropriations of both Houses of Congress. House reporting requirements with deadlines prior to or within 15 days of the enactment of this Act shall be submitted not later than 60 days after enactment of this Act. All other reporting deadlines not changed by this explanatory statement are to be met. Funds for the individual programs and activities within the accounts in this Act are displayed in the detailed table at the end of the explanatory statement for this Act. Funding levels that are not displayed in the detailed table are identified in this explanatory statement. In fiscal year 2021, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99- 177), the following information provides the definition of the term ``program, project, or activity'' for departments and agencies under the jurisdiction of the Energy and Water Development and Related Agencies Appropriations Act. The term ``program, project, or activity'' shall include the most specific level of budget items identified in the Energy and Water Development and Related Agencies Appropriations Act, 2021 and the explanatory statement accompanying this Act. The agreement reiterates House direction regarding the Salton Sea, California. Federal Law Enforcement.--The agreement notes that the explanatory statement accompanying the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021 directs the Attorney General to ensure implementation of evidence-based training programs on de-escalation and the use-of-force, as well as on police-community relations, that are broadly applicable and scalable to all federal law enforcement agencies. The agreement further notes that several agencies funded by this Act employ federal law enforcement officers and are Federal Law Enforcement Training Centers partner organizations. The agreement directs such agencies to consult with the Attorney General regarding the implementation of these programs for their law enforcement officers. The agreement further directs such agencies to brief the Committees on Appropriations of both Houses of Congress on their efforts relating to such implementation not later than 90 days after consultation with the Attorney General. In addition, the agreement directs such agencies, to the extent they are not already participating, to consult with the Attorney General and the Director of the FBI regarding participation in the National Use-of-Force Data Collection. The agreement further directs such agencies to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on their current efforts to so participate. No specific funds for rejecting any application for a grant available under funds appropriated by this Act because of the use of the term ``global warming'', the term ``climate change'', or the term ``sea level rise'' in the application are included for any agency funded in this Act. TITLE I--CORPS OF ENGINEERS--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil The summary tables included in this title set forth the dispositions with respect to the individual appropriations, projects, and activities of the Corps of Engineers (Corps). Additional items of this Act are discussed below. Advanced Funds Agreements.--Under the advanced funds authority, the Corps is authorized to accept, from a state or political subdivision thereof, all funds covering both the federal and non-federal share of total project costs required to construct an authorized water resources development project or separable element thereof. Based on the non- federal sponsor's commitment to provide all funds required to construct a project, or separable element thereof, the Corps may undertake construction of the project prior to a new start determination related to federal funding for the project. In light of a non-federal sponsor's commitment to provide all funding required for construction of the project, or separable element thereof, the agreement directs that federal funds should not be provided for such construction. Instead, for such projects, any federal funding may be provided only after completion of construction, as repayment of the federal share of such construction, from funding provided for reimbursements or repayments, and would be subject to a new start designation. This direction is not intended to apply to any project with an advanced funds project partnership agreement that is currently under construction. Asian Carp.--The Corps is currently engaged in a multipronged effort to stop Asian carp from reaching the Great Lakes. The long-term solution involves the Great Lakes and Mississippi River Interbasin Study [GLMRIS], which was authorized by Congress under Section 3061(d) of the Water Resources Development Act of 2007 (Public Law 110-114). Until that project is operational, a near-term solution is needed to bring the Chicago Sanitary Ship Canal (CSSC) Fish Barrier online to its full designed capacity. Per the GLMRIS, the Brandon Road Lock and Dam in Joliet, Illinois, is critical to keeping Asian carp out of the Chicago Area Waterways System, which is the only continuous connection between the Great Lakes [[Page H8312]] and Mississippi River basins. These efforts are essential to protecting the Great Lakes ecosystem and the $7,000,000,000 recreational fishing and $16,000,000,000 boating industries. Last year, the Corps sent Congress an approved Chief's Report, which included a positive recommendation for a plan to build a comprehensive suite of measures to counter Asian carp at the Brandon Road Lock and Dam, a critical choke point to halt the spread of invasive species in the Illinois River. In addition, the existing electric dispersal barrier in the CSSC is presently the only structural measure to deter Asian carp from reaching Lake Michigan. As the Corps prioritizes projects, it shall consider critical projects to prevent the spread of invasive species. The Corps is reminded that the GLMRIS Brandon Road project is eligible to compete for additional funding within the Investigations account for Pre-construction Engineering and Design (PED). The agreement notes that the Corps is finalizing an agreement with the State of Illinois to be the lead non-federal sponsor of the project and that the states of Illinois and Michigan have provided funding to allow PED to move forward. The Corps shall expeditiously work with the non-federal sponsor to execute a design agreement. The agreement also notes that the Corps has invested significant resources in building and maintaining a permanent electric barrier on the Chicago waterway system, the CSSC Fish Barrier. There is concern that the administration has not allocated funds to enable the Corps and the U.S. Coast Guard to complete safety assessments necessary to ensure that upgrades to the electric barrier are operational. The Corps is reminded that this project may compete for additional funding needed to complete the second electrode array, which would improve the effectiveness of the barrier system and provide operational redundancy. A complete CSSC Fish Barrier will ensure that the barrier can operate at its designed capacity. The Corps and other federal and state agencies are conducting ongoing research on additional potential Asian carp solutions. The Corps shall continue to collaborate at levels commensurate with previous years with the U.S. Coast Guard, the U.S. Fish and Wildlife Service, the State of Illinois, and members of the Asian Carp Regional Coordinating Committee, including identifying navigation protocols that would be beneficial or effective in reducing the risk of vessels inadvertently carrying aquatic invasive species, including Asian carp, through the Brandon Road Lock and Dam in Joliet, Illinois. The Corps is further directed to implement navigation protocols shown to be effective at reducing the risk of entrainment without jeopardizing the safety of vessels and crews. The Corps is directed to provide to the Committees on Appropriations of both Houses of Congress starting not later than 30 days after enactment of this Act quarterly updates on the progress and status of efforts to prevent the further spread of Asian carp, including the status of completing the upgrades to and testing of the CSSC Fish Barrier; of the design agreement; of implementing the Brandon Road Recommended Plan; the location and density of carp populations; the use of emergency procedures previously authorized by the Congress; and the development, consideration, and implementation of new technological and structural countermeasures, including beneficial navigational protocols. Budget Structure Changes.--The fiscal year 2021 budget request for the Corps proposed numerous structural changes, including the creation of two new accounts (Harbor Maintenance Trust Fund and Inland Waterways Trust Fund); the shifting of various studies and projects between accounts and business lines; and the consolidation of certain remaining items. The agreement rejects all such proposed changes and instead funds all activities in the accounts in which funding has traditionally been provided. Unless expressly noted, all projects and studies remain at the levels proposed in the budget request but may be funded in different accounts. In particular:Projects proposed for funding in the Harbor Maintenance Trust Fund account in the budget request are funded in the Construction, Mississippi River and Tributaries, and Operation and Maintenance accounts, as appropriate; Dam safety modification studies, proposed in the Investigations account in the budget request, are funded in the Dam Safety and Seepage/Stability Correction Program within the Construction account; Sand mitigation projects, proposed in the Harbor Maintenance Trust Fund account in the budget request, are funded in the Construction account; National Shoreline Management Study and Interagency and International Support activities are not consolidated within the Coordination with Other Water Resource Agencies remaining item in Investigations; Disposition studies will continue to be funded under the remaining item Disposition of Completed Projects in the Investigations account; Tribal Partnership Projects will continue to be funded under the Tribal Partnership Program remaining item in the Construction account, and these amounts may be used to cover necessary administrative expenses prior to agreement execution; Access to Water Data, Coastal Field Data Collection, Hydrologic Studies, Remote Sensing/Geographic Information System Support, Scientific and Technical Information Centers, and Tri-Service CADD/GIS Technology Center are not consolidated under the new proposed Technology Application Program in Investigations; Inspection of Completed Works, Project Condition Surveys, Scheduling of Reservoir Operations and Surveillance of Northern Boundary Waters will continue to be funded under States instead of consolidated into a national program as requested in the Operation and Maintenance account; Inspection of Completed Works will continue to be funded under the individual States instead of consolidated into a national program as requested in the Mississippi River and Tributaries; Dam Safety and Seepage/Stability Correction Program management costs, proposed in the Expenses account in the budget request, are funded in the program within the Construction account. The Poplar Island, Maryland, beneficial use of dredged material project has been re-categorized as within the environmental restoration business line as is appropriate and as was the case in previous years. For any fiscal year, if the Corps proposes budget structure changes, the budget proposal shall be accompanied by a display of the funding request in the traditional budget structure. Columbia River Treaty.-- House direction regarding the Columbia River Treaty is not included. Inland Waterways System.--The only direction in the agreement is included in the Construction account. Regional Dredge Demonstration Program.--The Corps shall continue to provide to the Committees on Appropriations of both Houses of Congress quarterly briefings on the status of the demonstration program, including regular updates on the effectiveness of the program, savings realized, and lessons learned. The Corps is encouraged to apply effective approaches and lessons learned under this program to other areas such as the Atlantic region that could also achieve cost and schedule savings. Reporting Requirement.--The Corps shall provide to the Committees on Appropriations of both Houses of Congress a quarterly report that shall include the total budget authority and unobligated balances by year for each program, project, or activity, including any prior year appropriations. The Assistant Secretary of the Army (Civil Works) shall provide to the Committees on Appropriations of both Houses of Congress a quarterly report that includes the total budget authority and unobligated balances by year for each activity funded in the Office of the Assistant Secretary of the Army (Civil Works) account, including any prior year appropriations. Unmanned Aerial Systems.--As follow-up to the reporting requirement found in the fiscal year 2019 Senate Report, the Corps shall brief the Committees on Appropriations of both Houses of Congress about its findings and subsequent actions as it relates to foreign-made small Unmanned Aerial Systems (sUAS). The briefing shall occur not later than 90 days after enactment of this Act and shall include the following: the total number of sUAS in inventory and operation, including a breakdown of those sUAS manufactured in or with critical components produced in the People's Republic of China; and the plan to source additional sUAS from American manufacturers. Additional Funding The agreement includes funding above the budget request to ensure continued improvements to our national economy, public safety, and environmental health that result from water resources projects. This funding is for additional work that either was not included in the budget request or was inadequately budgeted. The bill contains a provision requiring the Corps to allocate funds in accordance with only the direction in this agreement. In lieu of all House and Senate direction--under any heading--regarding additional funding, new starts, and the fiscal year 2021 work plan, the Corps shall follow the direction included in this explanatory statement. The executive branch retains complete discretion over project-specific allocation decisions within the additional funds provided, subject to only the direction here and under the heading ``Additional Funding'' or ``Additional Funding for Ongoing Work'' within each of the Investigations, Construction, Mississippi River and Tributaries, and Operation and Maintenance accounts. A study or project may not be excluded from evaluation for being ``inconsistent with administration policy.'' Voluntary funding in excess of legally-required cost shares for studies and projects is acceptable, but shall not be used as a criterion for allocating the additional funding provided or for the selection of new starts. The administration is reminded that these funds are in addition to the budget request, and administration budget metrics shall not be a reason to disqualify a study or project from being funded. It is expected that all of the additional funding provided will be allocated to specific programs, projects, or activities. The focus of the allocation process shall favor the obligation, rather than expenditure, of funds. The Corps shall evaluate all studies and projects only within accounts and categories consistent with previous congressional funding. When allocating the additional funding provided in this Act, the Corps shall consider [[Page H8313]] eligibility and implementation decisions under Public Law 115-123 and Public Law 116-20 so as to maximize the reduction of risk to public safety and infrastructure and the reduction of future damages from floods and storms nationwide. A project or study shall be eligible for additional funding within the Investigations, Construction, and Mississippi River and Tributaries accounts if: (1) it has received funding, other than through a reprogramming, in at least one of the previous three fiscal years; (2) it was previously funded and could reach a significant milestone, complete a discrete element of work, or produce significant outputs in calendar year 2021; or (3) as appropriate, it is selected as one of the new starts allowed in accordance with this Act and the additional direction provided below. None of the additional funding in any account may be used for any item where funding was specifically denied or for projects in the Continuing Authorities Program. Funds shall be allocated consistent with statutory cost share requirements. Work Plan.--Not later than 60 days after enactment of this Act, the Corps shall provide to the Committees on Appropriations of both Houses of Congress a work plan including the following information: (1) a detailed description of the process and criteria used to evaluate studies and projects; (2) delineation of how these funds are to be allocated; (3) a summary of the work to be accomplished with each allocation, including phase of work and the study or project's remaining cost to complete (excluding Operation and Maintenance); and (4) a list of all studies and projects that were considered eligible for funding but did not receive funding, including an explanation of whether the study or project could have used funds in calendar year 2021 and the specific reasons each study or project was considered as being less competitive for an allocation of funds. New Starts.--The agreement includes nine new starts for investigations (including one new study start in the Mississippi River and Tributaries account) and seven new starts in the Construction and Mississippi River and Tributaries accounts to be distributed across the authorized mission areas of the Corps. Of the new starts in the Investigations account three shall be for flood and storm damage reductions studies, of which one shall be for a coastal storm damage reduction study; two shall be for navigation studies; two shall be for environmental restoration studies; and one shall be for a multi-purpose watershed study to assess coastal resiliency. Of the new construction starts, three shall be for navigation projects, one of which shall be for an inland waterways lock and dam modernization project, and one of which shall be for a small or medium-sized harbor; one shall be for an environmental restoration project; one shall be for an environmental restoration project or a multi-purpose project; one shall be for a flood and storm damage reduction project; and one shall be for a flood and storm damage reduction project or a multi-purpose project. No funding shall be used to initiate new programs, projects, or activities in the Operation and Maintenance account. The Corps is reminded that public-private partnership (P3) pilot projects are eligible to compete for new starts in Construction. The Corps shall only allocate up to $500,000 for feasibility studies that are being funded in their first year. The Corps is directed to propose a single group of new starts as a part of the work plan. None of the funds may be used for any item for which the agreement has specifically denied funding. The Corps may not change or substitute the new starts selected once the work plan has been provided to the Committees on Appropriations of both Houses of Congress. Each new start shall be funded from the appropriate additional funding line item. Any project for which the new start requirements are not met by the end of calendar year 2021 shall be treated as if the project had not been selected as a new start; such a project shall be required to compete again for new start funding in future years. As all new starts are to be chosen by the Corps, all shall be considered of equal importance, and the expectation is that future budget submissions will include appropriate funding for all new starts selected. There continues to be confusion regarding the executive branch's policies and guidelines regarding which studies and projects require new start designations. Therefore, the Corps is directed to notify the Committees on Appropriations of both Houses of Congress at least seven days prior to execution of an agreement for construction of any project except environmental infrastructure projects and projects under the Continuing Authorities Program. Additionally, the agreement reiterates and clarifies previous congressional direction as follows. Neither study nor construction activities related to individual projects authorized under section 1037 of the Water Resources Reform and Development Act (WRRDA) of 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. In addition to the priority factors used to allocate all additional funding provided in the Investigations account, the Corps should give careful consideration to the out-year budget impacts of the studies selected and to whether there appears to be an identifiable local sponsor that will be ready and able to provide, in a timely manner, the necessary cost share for the feasibility and PED phases. The Corps is reminded that the flood and storm damage reduction mission area can include instances where non-federal sponsors are seeking assistance with flood control and unauthorized discharges from permitted wastewater treatment facilities and that the navigation mission area includes work in remote and subsistence harbor areas. Within the flood and storm damage reduction mission, the Corps is urged to strive for an appropriate balance between inland and coastal projects. In addition to the priority factors used to allocate all additional funding provided in the Construction account, the Corps also shall consider the out-year budget impacts of the selected new starts, the cost sharing sponsor's ability and willingness to promptly provide the cash contribution, if any, as well as required lands, easements, rights-of-way, relocations, and disposal areas. When considering new construction starts, only those that can execute a project cost sharing agreement not later than December 31, 2021, shall be chosen. To ensure that the new construction starts are affordable and will not unduly delay completion of any ongoing projects, the Secretary is required to submit to the Committees on Appropriations of both Houses of Congress a realistic out- year budget scenario prior to issuing a work allowance for a new start. It is understood that specific budget decisions are made on an annual basis and that this scenario is neither a request for nor a guarantee of future funding for any project. Nonetheless, this scenario shall include an estimate of annual funding for each new start utilizing a realistic funding scenario through completion of the project, as well as the specific impacts of that estimated funding on the ability of the Corps to make continued progress on each previously funded construction project, including impacts to the optimum timeline and funding requirements of the ongoing projects, and on the ability to consider initiating new projects in the future. The scenario shall assume a Construction account funding level at the average of the past three budget requests. INVESTIGATIONS The agreement includes $153,000,000 for Investigations. The agreement includes legislative language regarding parameters for new study starts. The allocation for projects and activities within the Investigations account is shown in the following table: [[Page H8314]] [GRAPHIC] [TIFF OMITTED] TH21DE20.321 [[Page H8315]] [GRAPHIC] [TIFF OMITTED] TH21DE20.322 [[Page H8316]] [GRAPHIC] [TIFF OMITTED] TH21DE20.323 [[Page H8317]] Additional Funding.--The Corps is expected to allocate the additional funding provided in this account primarily to specific feasibility and PED phases, rather than to Remaining Items line items as has been the case in previous work plans. Of the additional funding recommended in this account for environmental restoration or compliance, the Corps shall allocate not less than $6,500,000 for ecosystem restoration projects in the PED phase that have been funded for PED within the last three years and provide benefits to multiple states. Of the additional funding provided in this account for environmental restoration or compliance and other authorized project purposes, the Corps shall allocate not less than $2,340,000 for ecosystem restoration projects that are modifications to flood protection project authorizations to address degraded conditions due to prior flood protection work. Of the additional funding recommended in this account for shore protection, the Corps shall allocate not less than $1,500,000 for the PED phase of beach re-nourishment projects that have been authorized by Congress for construction. Of the additional funding provided in this account for flood and storm damage reduction, the Corps shall allocate not less than $1,500,000 for PED to projects that are located in economically disadvantaged communities where the per capita income is less than half of the state and national averages and that have previously experienced loss of life due to flooding. Of the additional funding recommended in this account, the Corps shall allocate not less than $1,100,000 to PED activities for ecosystem restoration projects that also provide additional flood storage capacity by restoring the natural habitat. Of the additional funding recommended in this account, not less than $3,500,000 shall be to continue progress on studies that address coastal resilience identified in the North Atlantic Coast Comprehensive Study. Of the additional funding recommended in this account, not less than $809,000 shall be to update project economics on the inland waterways system. Of the additional funding recommended in this account, not less than $500,000 shall be allocated to studies that would re-evaluate options to address eroding shorelines. When allocating the additional funding provided in this account, the Corps shall consider giving priority to completing or accelerating ongoing studies or to initiating new studies that will enhance the nation's economic development, job growth, and international competitiveness; projects located in areas that have suffered recent natural disasters; are for projects that protect life and property; projects to restore floodplain and aquatic habitat through cost-effective and tested means; studies with a primary focus on flood risk management within a basin that experiences recurring flash flooding; or projects to address legal requirements. The Corps shall use these funds for additional work in both the feasibility and PED phases. The agreement includes sufficient additional funding to undertake a significant amount of feasibility and PED work. The administration is reminded that a project study is not complete until the PED phase is complete and that no new start or new investment decision shall be required when moving from feasibility to PED. The Corps is reminded that activities related to innovative materials, as required under section 1208 of AWIA 2018 are eligible for funding under the Research and Development remaining item. The Corps is encouraged to consider studies that investigate the impacts of ship channels on beach nourishment projects. Arkansas River Flooding.--The Corps is directed to evaluate all of its authorities for assessing whether the purchase of additional flood easements along the Arkansas River in northeast Oklahoma and western Arkansas would significantly reduce the severity and duration of flood events. The Corps is directed to brief the Committee not later than 60 days after enactment of this Act on its findings. The agreement further directs the Corps to work with the Federal Emergency Management Agency on opportunities to implement such measures. Bubbly Creek.--There is disappointment that negotiations between the Corps, the Environmental Protection Agency, and the Department of Justice over remaining liability concerns have yet to produce an outcome that will allow the project to move forward. The parties are urged to expedite efforts to reach a resolution and the agreement reiterates House direction regarding a briefing on these negotiations. Central & South Florida Project.--The Corps is urged to maintain continued attention to the need of the South Florida economy and environment for a functioning flood control system. Chacon Creek, Texas.--The Corps is reminded that flood mitigation projects like Chacon Creek in Laredo, Texas, are eligible to compete for additional funding provided within this account. Chicago River.--The Corps is encouraged to work with the City of Chicago River Ecology and Governance Task Force toward a comprehensive ecosystem restoration solution for the restoration of the Chicago River. Chicago Shoreline.--Concerns persist that lake levels in the Great Lakes are predicted to surpass record high levels. The Corps is encouraged to reevaluate the conclusions of the original feasibility report to assess federal interest in providing additional coastal protection along the Chicago shoreline. Coastal Field Data Collection.-- The agreement includes an additional $1,000,000 above the budget request amount of $1,000,000 to continue data collection and research on the impact of extreme storms in coastal regions. The Corps is encouraged to include increased funding in future budget submissions. Disposition of Completed Projects.--The Corps is directed to provide to the Committee copies of disposition studies upon completion. Flood Policy in Urban Areas.--There is concern about the delay in receiving the Flood Policy Within Urban Areas report as required by section 1211 of America's Water Infrastructure Act of 2018 (Public Law 115-270). The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 45 days after enactment of this Act on the findings of this report. Great Lakes Coastal Resiliency Study.--The Corps is reminded that the Great Lakes Coastal Resiliency study is eligible to compete for a new start as provided in this Act. Great Lakes Mississippi River Interbasin Study [GLMRIS].-- The budget request does not reflect the urgency of moving forward as quickly as possible on interim steps to prevent the upstream movement of Asian carp through the Illinois River toward Lake Michigan. Hartford and East Hartford, Connecticut Levee Systems.--The Corps is encouraged to consider the urgency of this effort when allocating the additional funding recommended in this account. Kanawha River Basin Study.--Severe flooding in the Kanawha River Basin continues to be an issue, with a recent flood event in June 2016 claiming 23 lives and damaging over 4,600 homes. A 2017 report approved by the Corps recommended a comprehensive flood risk management study to address residual risk and flooding in areas not protected by current Corps projects, where there are significant life and safety concerns. The Corps is reminded this study is eligible to compete for additional funding provided in this account and the Corps is encouraged to include appropriate funding in future budget submissions. Kenai Bluffs Erosion.--The Corps is encouraged to move as expeditiously as possible to PED and urged to include appropriate funding in future budget submissions. Laurel, Maryland.--The Corps is encouraged to continue its partnership with the city of Laurel, Maryland to provide assistance in updating tools needed to develop flood risk reduction alternatives to assist local communities in flood resiliency efforts along the Patuxent River. Lower Missouri River Basin.--In the Spring of 2019, the Missouri River Basin experienced record flooding as result of saturated soils and high water levels from unprecedented rainfall and snowmelt runoff. This resulted in billions of dollars in damage to homes, businesses, and levees along the river. In response to these events, Congress provided resources and the Corps included in its work plan a new start for a flood risk management study, the Lower Missouri Basin Flood Risk and Resiliency Study, IA, KS, NE and MO. Flooding in the Lower Missouri River Basin continues to increase, proving the need for a more comprehensive, system-wide plan for long-term flood risk reduction. The Corps is urged to work with pertinent state and federal agencies and stakeholders to identify authorities, resources, and opportunities available to support such an effort. The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 60 day after enactment of this Act on recommendations for development of a comprehensive, system-wide plan for the Lower Missouri Basin. This briefing shall include what resources and additional authorities would be needed; the challenges and limitations, including policy and funding concerns; and an overview of the steps that would be necessary to complete the comprehensive system plan. McClellan-Kerr Arkansas River Navigation System [MKARNS].-- There is understanding that this project has capability in fiscal year 2021 to update the economic impacts of the project. The Corps is reminded that this project can compete for additional funding provided in this account and encouraged to include appropriate funding in future budget submissions. McMicken Dam, Arizona.--The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on how it considers the value of national security in prioritizing and formulating studies and projects. National Historic Landmarks.--The Corps is encouraged to expedite the completion of flood and storm damage reduction studies related to preserving National Historic Landmarks that are immediately threatened by shoreline erosion, such as the bridge in Selma, Alabama. Natural Infrastructure Options.--The Corps is directed to engage with state and local governments and non-profit organizations, where appropriate, on projects in diverse geographic areas that incorporate natural infrastructure, and is encouraged to incorporate such features into projects during the project formulation phase, where appropriate and effective. Nome, Alaska.--The Corps is reminded that projects such as the Port of Nome, Alaska, are eligible to compete for additional funding provided in this account. North Atlantic Coast Focus Area Studies.--There is significant disappointment that the [[Page H8318]] administration discontinued funding for several ongoing studies to address flood damage and loss of life along the Atlantic coastline. In the wake of Hurricane Sandy, the North Atlantic Coast Comprehensive Study was authorized to address coastal storm and flood risk to vulnerable populations, property, ecosystems, and infrastructure, including the Baltimore Coastal Storm Risk Management, the Nassau County Back Bays, the New Jersey Back Bays, the New York-New Jersey Harbor and Tributaries, the Delaware Inland Bays, Delaware Bay Coast focus area studies. Completion of these focus area studies, is critical to determining the best course of action to mitigate future damage. The Corps is reminded that these studies are eligible to compete for additional funding provided in this account, and the Corps is encouraged to include appropriate funding for these studies in future budget submissions. North Atlantic Division Report on Hurricane Barriers and Harbors of Refuge.--The Corps is directed to brief Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on the status and path forward for the North Atlantic Division report on hurricane barriers and harbors of refuge mandated under Section 1218 of America's Water Infrastructure Act of 2018 (Public Law 115- 270). Planning Assistance to States.--The Corps is reminded that this program encompasses many types of studies and technical assistance dealing with a number of water resource issues, including but not limited to, sediment management, state water planning, water distribution, and water supply evaluations. Planning Assistance to States, Vulnerable Coastal Communities.--The Corps is encouraged to continue building capacity to provide this assistance to vulnerable coastal communities, including tribal communities. Puget Sound Nearshore Study.--The Corps is encouraged to proceed with the tiered implementation strategy using all existing authorities as outlined in the Puget Sound Nearshore Ecosystem Restoration Project Feasibility Study, Completion Strategy Guidance dated June 2015. The Corps is directed to recognize the Puget Sound Nearshore Study as the feasibility component for the purposes of section 544 of the Water Resources Development Act of 2000 (Public Law 106-541) and is reminded that this study is eligible to compete for additional funding provided in this account. Research and Development.--The Corps is encouraged to engage in monitored field trials of coastal restoration optimized for blue carbon CO 2 sequestration. The agreement notes that certain machine learning and artificial intelligence initiatives are underway, including the Numerical Modeling Modernization and Data25 initiatives, and urges the Corps to continue this work. Lastly, the Corps is encouraged to collaborate with university partners to improve the capabilities for improving the integrity and performance of the nation's levee systems. Research and Development, Biopolymers.--The agreement notes the importance of earthen infrastructure to support safety, flood control, and water distribution systems (dams and levees). The agreement notes the value of research into the use of biopolymers to rehabilitate these deteriorating structures, reduce the costs of rehabilitating and maintaining these structures, and increase resiliency of these structures against potential threats. The agreement includes $4,000,000 for these activities. Research and Development, Freshwater Intrusion.--The Committee recognizes the need to develop tools to assess, forecast, and proactively manage the hydrodynamic and environmental impacts of large-scale freshwater intrusion into the Mississippi Sound and surrounding waters. These consistent freshwater intrusions have been detrimental to the Mississippi Sound and the U.S. blue economy. The Corps is encouraged to partner with academia with expertise in coastal processes and ocean and hydrodynamic modeling to develop these tools. Research and Development, Future Work.--The agreement recognizes the value of research topics currently being addressed by the Army Engineer Research and Development Center [ERDC]. ERDC and the Corps have identified a series of critical research categories that will advance the efficient implementation of the Civil Works mission and provide value to the nation, including by leveraging the expertise of universities through partnerships. ERDC is directed to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on future research needs, including multi-year funding requirements, and potential university partnerships related to strategic goals to advance the Civil Works mission. Potential specific topics include, but are not limited to: increasing resilience through natural infrastructure on drought-prone lands; the use of biopolymers to improve the integrity of earthen structures; forecasting coastal processes to protect infrastructure; developing capabilities to improve the structural integrity of levees and dams; the opportunities for polymer composites to increase the durability of infrastructure; and the impacts of freshwater intrusion into estuaries. Research and Development, Innovative Technologies for Resilient Infrastructure.--There is recognition that research is needed to test and refine use of rapid, repeatable, and remote methods for long-term monitoring of critical water infrastructure. The Corps is encouraged to partner with academia to research and manage emerging threats to attain resilient flood control structures. Research and Development, Modeling.--The recommendation provides $2,000,000 to support research into predictive models and field-based research into geochemical, geophysical, and sedimentological analysis and modeling of diverse field sites on contemporary and historic time frames. It is understood that with continued funding, this effort will be completed in four years. Research and Development, Oyster Reefs.--The agreement provides $2,220,000 for the Corps to partner with research universities to conduct oyster reef restoration research and understand that with continued funding this effort will be completed in fiscal year 2022. Research and Development--Urban Flood Damage Reduction and Stream Restoration in Arid Regions.--The agreement includes an additional $3,000,000 in the Research and Development remaining item for the Corps' Flood and Coastal Systems R&D Program for Post-Wildfire and Debris Flow Urban Flood Damage Reduction in Arid Regions. The tools and technologies developed under this program should also be applicable to other parts of the country. The Corps is encouraged to collaborate with research partners on these efforts. There is understanding that with continued funding this effort will be completed in four years. Salton Sea, California.-- The Corps is reminded that this study is eligible to compete for a new start as provided in this Act. San Diego County, California (Formerly Encinitas and Solana Beach, California).--In the project vicinity, eight people have lost their lives of the past several years due to multiple bluff collapses caused by coastal erosion. Therefore, the Corps is reminded that this project (formerly known as the Encinitas and Solana Beach Coastal Storm Damage Reduction Project) is eligible to compete for additional funding provided in this account. South Atlantic Coastal Study.--The Corps shall consult with industry groups, academia, and non-governmental organizations who can provide specialized expertise and coordinate appropriate attention and interest in the study's design and implementation from relevant stakeholders, including coastal state agencies, local officials, and private coastal scientists and engineers. The Corps is urged to ensure due consideration of near-shore marine habitat with potential impacts of coastal flooding and inundation within the scope of this study and where possible, ensure the full interoperability of modeling work and data analysis conducted for this study and other inland flood control and aquatic ecosystem restoration projects bordering the study area. Upper Des Plaines River and Tributaries Project, Illinois and Wisconsin.--The Corps is urged to cooperate with the non- federal sponsor as it prepares to advance work on a number of flood features under section 204 of the Water Resources Development Act of 1986. There is also awareness of local concerns about the impact the proposed Foxconn project in Wisconsin may have on flooding in communities downriver in Illinois surrounding the Des Plaines River. As the Corps re-evaluates the project, it is encouraged to take the impacts of the proposed Foxconn project into consideration. Upper Mississippi River-Illinois Waterway System.--There is recognition of the importance of advancing the Navigation and Ecosystem Sustainability Program (NESP), as authorized in Title VIII of the Water Resources and Development Act of 2007 (Public Law 110-114), for the Upper Mississippi region and the nation's economy. Congress has already appropriated more than $66,000,000 in PED funding for this program. The Corps is reminded that this project is eligible to compete for additional funding provided in this account. Upper Missouri River Basin Flood and Drought Monitoring.-- To prevent additional unnecessary delays to the implementation of this program, a new remaining item in the O&M account titled ``Soil Moisture and Snowpack Monitoring'' has been created for these activities. The Corps is directed to use the funding provided in fiscal year 2020 in the Hydrologic Studies remaining item along with the additional funding provided in the new remaining item in the Operation and Maintenance account to carry out the activities authorized in section 4003(a) of the Water Resources Reform and Development Act of 2014. Upper Ohio Navigation System.--There is understanding of the importance of the Upper Ohio Navigation system and of modernizing its facilities. The Corps is encouraged to include continued PED work in future budget requests. Watertown, South Dakota.--The Corps is reminded that this study is eligible to compete for additional funding provided in this account. Water Quality and Salinity Impacts on Oyster Reefs.--The Corps is encouraged, when conducting or reviewing environmental assessments or environmental impact statements for navigation or coastal restoration projects in areas where oyster reefs exist, to consider water quality and salinity impacts on those reefs and, when appropriate, to mitigate any negative impacts. Willamette River.--The Corps is directed to prioritize environmental restoration for urban area floodplain and aquatic habitat through cost effective means, such as fish passage and culvert replacement. These efforts should benefit all Columbia River and [[Page H8319]] Willamette River salmon and steelhead listed under the Endangered Species Act (ESA) and Pacific Lamprey, which is a culturally, and ecologically important species and treaty- reserved resource to the Pacific Northwest Tribal Nations. CONSTRUCTION The agreement includes $2,692,645,000 for Construction. The agreement includes legislative language regarding the Inland Waterways Trust Fund. The allocation for projects and activities within the Construction account is shown in the following table: [[Page H8320]] [GRAPHIC] [TIFF OMITTED] TH21DE20.324 [[Page H8321]] [GRAPHIC] [TIFF OMITTED] TH21DE20.325 [[Page H8322]] [GRAPHIC] [TIFF OMITTED] TH21DE20.326 [[Page H8323]] Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information. Additional Funding.--The agreement includes additional funds for projects and activities to enhance the nation's economic growth and international competitiveness. Of the additional funding provided in this account for environmental restoration or compliance and other authorized project purposes, the Corps shall allocate not less than $25,000,000 for multistate ecosystem restoration programs for which a comprehensive restoration plan is in development or has been completed, of which not less than $5,000,000 shall be for projects or programs that restore and rehabilitate native oyster reefs. Of the additional funds provided in this account for flood and storm damage reduction, navigation, and other authorized project purposes, the Corps shall allocate not less than $35,000,000 to authorized reimbursements for projects with executed project partnership agreements and that have completed construction or where non-Federal sponsors intend to use the funds for additional water resource development activities. Of the additional funds provided in this account, the Corps shall allocate not less than $39,638,000 to projects with riverfront development components. Of the additional funding provided in this account for navigation and other authorized project purposes, the Corps shall allocate not less than $59,200,000 to continue activities to construct new navigation infrastructure for locks not on the inland waterways system and Corps-owned bridges. Of the additional funding provided in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than $29,000,000 to continue construction of projects that principally address drainage in urban areas. Of the additional funding provided in this account for flood and storm damage reduction and flood control, the Corps shall allocate not less than $10,000,000 to additional nonstructural flood control projects. Of the additional funding provided in this account, the Corps shall allocate not less than $15,400,000 to hurricane and storm damage risk reduction projects in a comprehensive plan with authorized environmental restoration components. Public Law 115-123 and Public Law 116-20 included funding within the Flood Control and Coastal Emergencies account to restore authorized shore protection projects to full project profile. That funding is expected to address most of the current year capability. Therefore, to ensure funding is not directed to where it cannot be used, the agreement includes $50,204,000 for construction of shore protection projects. The Corps is reminded that if additional work can be done, these projects are also eligible to compete for additional funding for flood and storm damage reduction. When allocating the additional funding provided in this account, the Corps is encouraged to evaluate authorized reimbursements in the same manner as if the projects were being evaluated for new or ongoing construction. The Corps shall not condition these funds, or any funds appropriated in this Act, on a non-federal interest paying more than their required share in any phase of a project. When allocating the additional funding provided in this account, the Corps shall consider giving priority to the following: 1. benefits of the funded work to the national economy; 2. extent to which the work will enhance national, regional, or local economic development; 3. number of jobs created directly and supported in the supply chain by the funded activity; 4. significance to national security, including the strategic significance of commodities; 5. ability to obligate the funds allocated within the calendar year, including consideration of the ability of the non-federal sponsor to provide any required cost share; 6. ability to complete the project, separable element, or project phase with the funds allocated; 7. legal requirements, including responsibilities to Tribes; 8. for flood and storm damage reduction projects (including authorized nonstructural measures and periodic beach renourishments), a. population, economic activity, or public infrastructure at risk, as appropriate; b. the severity of risk of flooding or the frequency with which an area has experienced flooding; and c. preservation of historically significant communities, culture, and heritage; 9. for shore protection projects, projects in areas that have suffered severe beach erosion requiring additional sand placement outside of the normal beach renourishment cycle or in which the normal beach renourishment cycle has been delayed, and projects in areas where there is risk to life and public health and safety, and risk of environmental contamination; 10. for navigation projects, the number of jobs or level of economic activity to be supported by completion of the project, separable element, or project phase; 11. for projects cost shared with the Inland Waterways Trust Fund (IWTF), the economic impact on the local, regional, and national economy if the project is not funded, as well as discrete elements of work that can be completed within the funding provided in this line item; 12. for other authorized project purposes and environmental restoration or compliance projects, that include the beneficial use of dredged material; and 13. for environmental infrastructure, projects with the greater economic impact, projects in rural communities, projects in communities with significant shoreline and instances of runoff, projects in or that benefit counties or parishes with high poverty rates, projects owed past reimbursements, projects in financially-distressed municipalities, projects that improve stormwater capture capabilities, projects that provide backup raw water supply in the event of an emergency, and projects that will provide substantial benefits to water quality improvements. The following is the only direction with regard to the availability of additional funds for IWTF cost-shared projects. The agreement provides funds making use of all estimated annual revenues, which includes a total appropriation of $113,000,000 from the IWTF for ongoing construction projects and one new IWTF cost-shared project to be started in fiscal year 2021. The Corps shall continue to prioritize ongoing construction projects and allocate all funds provided in the IWTF Revenues line item along with the statutory cost share from funds provided in the Navigation line item prior to allocating the remainder of funds in the Navigation line item. The agreement rejects the budget request's proposal to reform Inland Waterways financing by increasing the amount paid by commercial navigation users of inland waterways. The Corps shall continue to use, as appropriate, the Inland and Intracoastal Waterways Twenty- Year Capital Investment Strategy dated March 2016, as the applicable 20-year plan. The Corps is reminded that it was directed to develop metrics for the selection of environmental infrastructure projects that receive funds and provide a report on such metrics to Congress. The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on the status of these efforts. Additionally, the Corps shall include in this briefing: a comprehensive listing of all authorized environmental infrastructure authorities, including total costs; a snapshot of all environmental infrastructure authorities funded in the last 10 years; and a plan for how the metrics for prioritization of environmental infrastructure projects may guide the Corps' future funding considerations under the program. Notwithstanding the direction on new starts in the front matter of Title I, the Corps may allocate funds to at least one, but not more than two environmental infrastructure authorities not previously funded, which may include regional environmental infrastructure authorities. Advanced Measures.--The Corps is encouraged to fully use the authorities granted to it under the Advanced Measures program to mitigate impacts expected to occur in the Great Lakes Basin as a result of record-high and near-record-high water levels. Alternative Delivery.--The Corps is reminded that Public- Private Partnerships and projects that utilize a split- delivery approach are eligible for additional funding in this account. Aquatic Plant Control Program.--Of the additional funding provided for the Aquatic Plant Control Program, $15,000,000 shall be for watercraft inspection stations, as authorized in section 104 of the River and Harbor Act of 1958, equally distributed to carry out subsections (d)(1)(A)(i), (d)(1)(A)(ii), and (d)(1)(A)(iii), and $3,000,000 shall be for related monitoring. The agreement provides $1,000,000 for nationwide research and development to address invasive aquatic plants, and activities for monitoring, surveys, and control of flowering rush and hydrilla verticillate and $6,000,000 shall be for nationwide research and development to address invasive aquatic plants, within which the Corps is encouraged to support cost-shared aquatic plant management programs. The agreement also includes House direction, including a briefing, on mechanical harvesting. Barrow Alaska Coastal Erosion.--The flooding and erosion experienced in Barrow, Alaska presents significant risk to life and safety, threatens the community's only drinking water source, and creates risk from environmental contamination. The Corps is reminded this project is eligible to compete for additional funding provided in this account and is encouraged to include appropriate funding in future budget submissions. Beneficial Use of Dredged Material Pilot Program.--The agreement reiterates House direction on this topic. Bird Drive Basin Conveyance, Seepage Collection, and Recharge.--The Corps is encouraged to work with the Department of the Interior and the South Florida Water Management District to quickly identify a consensus project footprint between SW 8th Street and the C-1W Canal to the south, immediately east of Krome Avenue, to enable Miami-Dade County and the Miami-Dade Expressway Authority, or any successor organization, to begin necessary land acquisitions in support of the creation of a West Kendall Everglades Buffer and progress towards completing an important element of the Central Everglades Restoration Plan. Biscayne Bay Coastal Wetlands Project.--The Corps is encouraged to consider all available opportunities to increase environmental benefits to the coastal estuarine and glades habitats included in the study area. [[Page H8324]] Camp Ellis Beach, Saco, Maine.--The Corps is directed to continue collaborative efforts to address the continued erosion. Cano Martin Pena, Puerto Rico.--The agreement notes the environmental degradation and persistent flooding that disadvantages communities abutting the channel, as evidenced by Hurricanes Irma and Maria. There remains interest in the timely advancement of this project given the years of significant planning that have been undertaken and its purpose in restoring a critical watershed and the natural functioning of the tidal system in the San Jose Lagoon and the San Juan Bay Estuary. There is concern about the lost opportunities and delays arising due to the lack of funding to start construction of this important project. The Corps is encouraged to include appropriate funding for this project in future budget submissions and to work with the non-federal sponsor to advance the project to the next phase at the earliest practicable opportunity. The agreement reiterates House direction regarding briefing requirements. Central Everglades Planning Project [CEPP].--The Corps is urged to expedite the required validation reports for PPA North and PPA New Water and to begin design and construction of components for PPA South and PPA New Water as soon as practicable to complement the efforts of the South Florida Water Management District. The Everglades Agricultural Area (EAA) Storage Reservoir is considered an element of CEPP, consistent with section 1308 of America's Water Infrastructure Act of 2018 (Public Law 115-270) which anticipated the EAA Storage Reservoir to be designed and constructed as a component of CEPP, rather than as a discrete project. CERP-Indian River Lagoon-South.--The Corps is encouraged to move on to the final construction of the C-44 Reservoir, and to expedite design work on the C-23 and C-24 Reservoirs that, along with the C-44 Reservoir, will serve as crucial elements of the Indian River Lagoon-South project to collect and clean Lake Okeechobee discharges and basin runoff before excess nutrients are able to enter the fragile lagoon ecosystem. Chesapeake Bay Comprehensive Water Resources Restoration Plan and Oyster Recovery.--The Corps is reminded that the Chesapeake Bay Comprehensive Water Resources and Restoration Plan and the Chesapeake Bay Oyster Recovery Program are eligible to compete for the additional funding provided in this account, and the Corps is encouraged to provide appropriate funding in future budget submissions. Construction Funding Schedules.--A complete and reliable cost estimate with an out-year funding schedule is essential to understanding current funding and future funding requirements within the Corps' Construction portfolio. A comprehensive outlook of these dynamic requirements is necessary for Congress to consider and balance funding allocations annually, and to assess the long-term effects of new investment decisions. Therefore, not later than 90 days after enactment of this Act and annually thereafter, the Chief of Engineers shall submit directly to the Committees on Appropriations of both Houses of Congress, a breakdown, by fiscal year, of the full and efficient federal funding needs for each active construction project in the Corps' Civil Works program. For each project identified, the Corps shall also provide the total project cost with a breakdown between the federal and non-federal costs, and any applicable authorization ceiling. For the purposes of this report, an active project shall mean any project with an expressed capability in the current or following fiscal year, which has received construction account appropriations, including those funded in a supplemental, and has remaining costs to be funded from the construction account. These funding requirements shall be based on technical construction sequencing and realistic workflow and shall not be altered to reflect administrative policies and priorities or any assumed limitation on funding available. Continuing Authorities Program.--Funding is provided for nine CAP sections at a total of $69,500,000. The management of CAP shall continue consistent with direction provided in previous fiscal years. Not later than 90 days after enactment of this Act, the Corps shall brief the Committee on how the Corps prioritizes CAP projects for funding and on program execution. The Corps shall allow for the advancement of flood control projects in combination with ecological benefits using natural and nature-based solutions alone, or in combination with, built infrastructure where appropriate for reliable risk reduction during the development of projects under CAP 205. Within the section 1135 CAP authority, and to the extent already authorized by law, the Corps is reminded that projects that restore degraded wetland habitat and stream habitat impacted by construction of Corps levees or channels, including those with executed Feasibility Cost Share Agreements, are eligible to compete for funding. The Corps is reminded that projects that restore degraded wetland habitat and stream habitat impacted by construction of Corps levees or channels, and projects that will divert significant pollutant nutrient runoff from entering wetland habitats, are eligible to compete for funding. The Corps is encouraged to expedite the implementation of feasibility studies approved in 2019 under section 206 of the Flood Control Act of 1958 and reminded that projects approved in 2019 are eligible to compete for funds provided under section 206. Deep Creek Bridge Replacement.--The Corps is reminded that the ongoing Atlantic Intracoastal Waterway bridge replacement project is eligible to compete for additional funding provided in this account. Duwamish River at South Park, Washington.--The Corps is urged to continue its ongoing work with local stakeholders to determine appropriate flood risk mitigation measures and is reminded that this project is eligible to compete for additional funding recommended in CAP section 205. Gulf Coast Oyster Restoration.--The Corps is encouraged to include appropriate funding in future budget submissions. Howard Hanson Dam, Washington.--The Corps is directed to work expeditiously on this project in order to meet the 2030 deadline established in the Biological Opinion. Lake Champlain Watershed.--The Corps is reminded that section 542 of Water Resources Development Act of 2000 (Public Law 106-541) as amended, authorizes the Corps to provide assistance to non-federal interests to address a range of environmental issues in the Lake Champlain Watershed in Vermont and New York. The Corps is further reminded that projects in the Lake Champlain Watershed are eligible to compete for additional funding provided in this account. Lakes Marion and Moultrie, South Carolina.--The Corps is reminded that the Lakes Marion and Moultrie regional water supply project is eligible to compete for additional funding provided in this account. McClellan-Kerr Arkansas River Navigation System, Arkansas and Oklahoma.--The Committee recognizes the importance of the 12-foot navigational channel project to the McClellan-Kerr Arkansas River Navigation System. The Corps is encouraged to continue working with stakeholders and is reminded that this project is eligible to compete for additional funding provided in this account. Mud Mountain Dam.--The Corps is encouraged to uphold the agency's ESA and Tribal treaty responsibilities by completing construction of the fish passage facility and fully implementing the Biological Opinion requirements by the end of 2020. Murrieta Creek.--The non-federal sponsor intends to pursue a section 221 In-Kind Credit Contribution Agreement with the Corps to do the design work to optimize the multi-purpose basin so as to eliminate or reduce the need for perimeter levees, optimize costs and benefits, and facilitate interim uses of the property. The Corps is encouraged to move forward with timely approval of the agreement. The non-federal sponsor also is moving forward with the Corps to address the outdated information in the Corps' economic side-by-side analysis for the project in order to identify the most cost- effective project. The Corps is directed to coordinate closely with the non-federal sponsor in the economic update in order to have a strong basis for the development of a decision document that focuses on identifying the remaining justified features for construction completion. New Buffalo, Michigan.--The agreement reiterates House direction regarding a briefing on this issue. New Programs Requested in the Budget Proposal.--The budget request includes a proposal for $250,000,000 for projects carried out under section 1043 of the Water Resources Reform and Development Act of 2014, ``Non-federal Implementation Pilot Program.'' This pilot program was authorized to allow the transfer of federal funds to non-federal interests for them to perform studies and construct projects. The agreement rejects the idea that the method of project execution should be used to prioritize projects for federal funding and provides no funds for such an effort. The Corps is directed to provide the briefing required in the fiscal year 2020 Act not later than 45 days after enactment of this Act. Due to ongoing concerns, the Corps shall notify the Committees on Appropriations of both Houses of Congress upon receiving any proposal from a non-federal interest requesting to utilize the section 1043 authority. The Corps shall not negotiate or enter into a project partnership agreement to transfer funds to a non-federal interest utilizing this authority unless approval is received from the Committees on Appropriations of both Houses of Congress. None of the funds provided in this Act shall be used under this authority for a project where construction has been started but not completed. The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 45 days after enactment of this Act on activities carried out under the section 1043 pilot program, including the Corps' implementation guidance and any existing or potential agreements. The budget request also includes $250,000,000 for an Innovative Funding Partnerships Program to be used along with funds from non-federal interests ``in excess of the sponsor's statutory cost share requirements'' to carry out certain authorized projects. This is a blatant attempt to require funding in excess of legally required cost share as a criterion for funding decisions, which is contrary to long- standing congressional direction. No funds are provided for this proposal. The agreement notes, however, that any project that could have received funding under such a program is eligible to compete for the additional funding provided in this account based on the project performance criteria described in this report. New Savannah Bluff Lock and Dam, Georgia and South Carolina.--The agreement reiterates House direction regarding a briefing on this project. [[Page H8325]] Norfolk Harbor and Channels Deepening, Virginia.--The Corps is reminded that the Norfolk Harbor and Channels Deepening project is eligible to compete for funding from the additional funds provided in this account and eligible to compete for a new construction start provided in this Act. Port of Brownsville Deepening Project, Texas.--The Corps is reminded this project is eligible to compete for a new construction start as provided in this Act. Portsmouth and Piscataqua River, New Hampshire.--The Corps is reminded this project is eligible to compete for a new construction start as provided in this Act. Projects in Drought-Stricken Areas.--The Corps is reminded that any authorized projects that would alleviate water supply issues in areas that have been afflicted by severe droughts in the last three fiscal years are eligible to compete for additional funding provided in this account. Salton Sea, California.--The Corps is encouraged to expeditiously move forward to carry out section 3032 of Public Law 110-114. South Florida Ecosystem Restoration (SFER).--As in previous years, the agreement provides funding for all study and construction authorities related to Everglades restoration under the line item titled ``South Florida Ecosystem Restoration, Florida.'' This single line item allows the Corps flexibility in implementing the numerous activities underway in any given fiscal year. For fiscal year 2021, the Corps is directed to make publicly available a comprehensive snapshot of all SFER cost share accounting down to the project level and to ensure the accuracy of all budget justification sheets that inform SFER Integrated Financial Plan documents by September 30, 2021. Strategic Arctic Port.--The Corps is urged to move expeditiously on this project and is reminded that this project is eligible to compete for additional funding provided in this account, to decrease risks to life and safety from the increased traffic in the region, and to provide a port to military assets. The Dalles Dam, Tribal Housing.--The Corps is encouraged to complete the Village Development Plan in consultation with affected Columbia River tribes and the Bureau of Indian Affairs. Upper Mississippi River Restoration Program [UMRR], Quincy Bay.--Over the past 70 years, river traffic has led to the environmental degradation of Quincy Bay, and the Corps included funding to start this restoration project in its budget request. Therefore, the Corps is encouraged to include appropriate funding for this project in future budget submissions. West Sacramento Project.--The Corps is reminded that this project is eligible to compete for a new construction start as provided in this Act and is encouraged to include appropriate funding for this project in future budget submissions. Whittier Narrows, California.--The agreement reiterates House direction regarding a reporting requirement. MISSISSIPPI RIVER AND TRIBUTARIES The agreement includes $380,000,000 for Mississippi River and Tributaries. The allocation for projects and activities within the Mississippi River and Tributaries account is shown in the following table: [[Page H8326]] [GRAPHIC] [TIFF OMITTED] TH21DE20.327 [[Page H8327]] [GRAPHIC] [TIFF OMITTED] TH21DE20.328 [[Page H8328]] Additional Funding.--When allocating the additional funding provided in this account, the Corps shall consider giving priority to completing or accelerating ongoing work that will enhance the nation's economic development, job growth, and international competitiveness or are for studies or projects located in areas that have suffered recent natural disasters. While this funding is shown under Remaining Items, the Corps shall use these funds in investigations, construction, and operation and maintenance, as applicable. This may include work on remaining unconstructed features of projects permitted and authorized by law, in response to recent flood disasters. Additional funding is also provided in this account to initiate a new feasibility study. When allocating the additional funding recommended in this account, the Corps shall allocate not less than $30,000,000 for additional flood control construction projects, of which $15,560,000 shall be for those projects with flood control, water quality, and sediment reduction. Of the additional funds recommended in this account for other authorized project purposes, the Corps shall allocate not less than $1,160,000 for operation and maintenance of facilities that are educational or to continue land management of mitigation features. Delta Headwaters Project.--The agreement recognizes the importance of erosion control in headwater streams and tributaries, and the environmental, water quality, and sediment reduction benefits it provides downstream. When allocating additional funds recommended in this account, the Corps is directed to give adequate consideration to cooperative projects addressing watershed erosion, sedimentation, flooding, and environmental degradation. Lower Mississippi River Watershed.--The agreement notes negative impacts in the Mississippi River system as a result of multiple high-water events in recent years. The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on actions taken to manage the river over the past three years and any impacts of such actions on ecosystem restoration, navigation, flood control, water quality, and others. Congress has heard from stakeholders that the construction of new water resources development projects, improved data collection methods, and structural and operation modifications to existing projects are critical to better understand changing hydraulic features and to effectively manage and respond to future high-water events, and that a study is necessary to fully understand such opportunities. Congress acknowledges that authorized comprehensive studies are eligible to compete for additional funding provided in the account. Congress expects any studies, updates, and changes to be made with the appropriate public involvement. Mississippi River Commission.--No funding is provided for this new line item. The Corps is directed to continue funding the costs of the commission from within the funds provided for activities within the Mississippi River and Tributaries project. OPERATION AND MAINTENANCE The agreement includes $3,849,655,000 for Operation and Maintenance. The allocation for projects and activities within the Operation and Maintenance account is shown in the following table: [[Page H8329]] [GRAPHIC] [TIFF OMITTED] TH21DE20.329 [[Page H8330]] [GRAPHIC] [TIFF OMITTED] TH21DE20.330 [[Page H8331]] [GRAPHIC] [TIFF OMITTED] TH21DE20.331 [[Page H8332]] [GRAPHIC] [TIFF OMITTED] TH21DE20.332 [[Page H8333]] [GRAPHIC] [TIFF OMITTED] TH21DE20.333 [[Page H8334]] [GRAPHIC] [TIFF OMITTED] TH21DE20.334 [[Page H8335]] [GRAPHIC] [TIFF OMITTED] TH21DE20.335 [[Page H8336]] [GRAPHIC] [TIFF OMITTED] TH21DE20.336 [[Page H8337]] [GRAPHIC] [TIFF OMITTED] TH21DE20.337 [[Page H8338]] [GRAPHIC] [TIFF OMITTED] TH21DE20.338 [[Page H8339]] [GRAPHIC] [TIFF OMITTED] TH21DE20.339 [[Page H8340]] [GRAPHIC] [TIFF OMITTED] TH21DE20.340 [[Page H8341]] [GRAPHIC] [TIFF OMITTED] TH21DE20.341 [[Page H8342]] [GRAPHIC] [TIFF OMITTED] TH21DE20.342 [[Page H8343]] [GRAPHIC] [TIFF OMITTED] TH21DE20.343 [[Page H8344]] [GRAPHIC] [TIFF OMITTED] TH21DE20.344 [[Page H8345]] [GRAPHIC] [TIFF OMITTED] TH21DE20.345 [[Page H8346]] [GRAPHIC] [TIFF OMITTED] TH21DE20.346 [[Page H8347]] [GRAPHIC] [TIFF OMITTED] TH21DE20.347 [[Page H8348]] [GRAPHIC] [TIFF OMITTED] TH21DE20.348 [[Page H8349]] [GRAPHIC] [TIFF OMITTED] TH21DE20.349 [[Page H8350]] Updated Capability.--The agreement adjusts some project- specific allocations downward from the budget request based on updated information regarding the amount of work that could be accomplished in fiscal year 2021. Additional Funding for Ongoing Work.--Of the additional funding provided in this account for other authorized project purposes, the Corps shall allocate not less than $2,000,000 for efforts to combat invasive mussels at Corps-owned reservoirs. When allocating the additional funding provided in this account, the Corps shall consider giving priority to the following: 1. ability to complete ongoing work maintaining authorized depths and widths of harbors and shipping channels (including small, remote, or subsistence harbors), including where contaminated sediments are present; 2. ability to address critical maintenance backlog; 3. presence of the U.S. Coast Guard; 4. extent to which the work will enhance national, regional, or local economic development, including domestic manufacturing capacity; 5. extent to which the work will promote job growth or international competitiveness; 6. number of jobs created directly by the funded activity; 7. ability to obligate the funds allocated within the calendar year; 8. ability to complete the project, separable element, project phase, or useful increment of work within the funds allocated; 9. ability to address hazardous barriers to navigation due to shallow channels; 10. dredging projects that would provide supplementary benefits to tributaries and waterways in close proximity to ongoing island replenishment projects; 11. risk of imminent failure or closure of the facility; 12. extent to which the work will promote recreation-based benefits, including those created by recreational boating; 13. improvements to federal breakwaters and jetties where additional work will improve the safety of navigation and stabilize infrastructure to prevent continued deterioration; 14. for small, remote, and subsistence harbors, a. low-use ports with unexpected levels of deterioration since their last dredging; and b. projects with public safety concerns; and 15. for harbor maintenance activities, a. total tonnage handled; b. total exports; c. total imports; d. dollar value of cargo handled; e. energy infrastructure and national security needs served; f. designation as strategic seaports; g. maintenance of dredge disposal activities; h. lack of alternative means of freight movement; i. savings over alternative means of freight movement; and j. improvements to dredge disposal facilities that will result in long-term savings, including a reduction in regular maintenance. Additional funding provided for donor and energy transfer ports shall be allocated in accordance with 33 U.S.C. 2238c. The Corps is encouraged to include funding for this program in future budget submissions. The Corps is directed to fully execute subsection (c) of 33 U.S.C. 2238c not later than 90 days after enactment of this Act. Concerns persist that the administration's criteria for navigation maintenance do not allow small, remote, or subsistence harbors and waterways to properly compete for scarce navigation maintenance funds. The Corps is directed to revise the criteria used for determining which navigation projects are funded in order to develop a reasonable and equitable allocation under this account. The agreement supports including criteria to evaluate the economic impact that these projects provide to local and regional economies. Aquatic Nuisance Control Research.--Harmful Algal Blooms [HABs] continue to threaten local communities, ecosystems, human health, drinking water sources, and local outdoor economies across the nation. These algae overgrowths produce dangerous toxins in fresh and marine waters that can sicken or kill people and animals, create dead zones, and raise treatment costs for drinking water. The devastating effects of HABs occur across multiple ecoregions from large freshwater lakes like Lake Erie in the Great Lakes, the Finger Lakes in New York, and Lake Okeechobee in Florida, to large inland waterways like the Ohio River where a 2015 event persisted for over a month involving over 700 miles of waterway. The recommendation provides $4,000,000 to supplement activities related to harmful algal blooms and directs the Corps to target freshwater ecosystems. The recommendation also provides $3,500,000 to supplement activities related to harmful algal blooms and directs the Corps to work collaboratively with appropriate university partners to address harmful algal blooms formation, detection, and remediation to enhance protection of vital U.S. water resources. There is awareness of the need to develop next generation ecological models to maintain inland and intracoastal waterways and the agreement provides $7,325,000 for this purpose. The Corps shall submit to the Committee not later than 90 days after enactment of this Act a report on these activities. Not later than 180 days after enactment of this Act, the Corps shall develop a comprehensive research plan for addressing the various and abundant HAB-related research needs. Included in this plan shall be a scope for each activity identified; the required annual funding needs and timeline to complete each research activity; how this research will provide specific value to the Corps' mission; how the Corps will balance needs across multiple regions and system types; and what opportunities will be available to partner with academia, outside organizations, and other federal agencies, where appropriate. Not later than 90 days after enactment of this Act, the Corps shall brief the Committees on Appropriations of both Houses of Congress on the status of this plan. Additional funding recommended in this remaining item is to supplement and advance Corps activities to address HABs and develop the comprehensive plan. Within these funds, the Corps is encouraged to continue investigating successful methods for combatting HABs; investigate harmful algal blooms across multiple ecoregions to predict HAB occurrence and toxicity, including in riverine ecosystems; identify and develop improved strategies for early detection, prevention, and management techniques and procedures to reduce the occurrence and impacts of harmful algal blooms in the nation's water resources; facilitate collaboration with university partners to assess the impacts of environmental triggers in riverine ecosystems to advance prediction, avoidance, and remediation efforts for harmful algal blooms; and improve early warning capabilities, which may include the use of UAS/drones to detect and monitor HABs. Asset Management/FEM.--The recommendation provides $2,000,000 above the request for research on novel approaches to repair and maintenance practices that will increase civil infrastructure intelligence and resilience. The agreement reiterates House direction on a briefing requirement. The agreement includes $1,000,000 in additional funding to continue the review of its inventory as required by section 6002. Additional funding is provided to continue to assess the inventory of the structural condition of federal breakwaters and jetties protecting harbors and inland harbors. The Corps shall brief the Committees on how much of this work has been accomplished, a timeline for completion of the inventory and preliminary cost estimates for federal breakwaters and jetties listed in poor or critical condition, not later than 60 days after enactment of this Act. Funds are also included to develop new approaches in materials research, mechanical engineering, manufacturing that leverages integrated advances in novel computational materials engineering, atomic-scale materials physics, data science, and additive manufacturing to transform the maintenance and repair process, including the ability to remotely rehabilitate infrastructure. Asset Management/FEM, Infrastructure Resilience.--The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on opportunities to research novel repair and maintenance approaches that will increase Civil Works infrastructure intelligence and resilience. Cape Cod Canal Bridges.--The agreement recognizes the urgent need and magnitude of this project, and encourages the Corps to continue supporting the Commonwealth of Massachusetts in efforts to develop a strategy to replace the bridges based on the findings of the March 2020 Cape Cod Canal Highway Bridges Major Rehabilitation Evaluation Report. The Corps is reminded that this project is eligible to compete for additional funding provided in this account. Central Louisiana Ecosystem Protection and Restoration Task Force.--The Corps is encouraged to establish the Task Force authorized by section 7004 of the Water Resources Development Act of 2007 to improve coordination of ecosystem restoration in the Louisiana Coastal Area. Coastal Inlet Research Program.--The agreement includes additional funding for the Corps-led, multi-university effort to identify engineering frameworks to address coastal resilience needs; to develop adaptive pathways that lead to coastal resilience; that measure the coastal forces that lead to infrastructure damage and erosion during extreme storm events; and to improve coupling of terrestrial and coastal models. Additional funding is also provided for the Corps to continue work with the National Oceanic and Atmospheric Administration's National Water Center on protecting the Nation's water resources. Coos Bay, Oregon Jetties.--The Coos Bay North Jetty is losing 20 feet a year and has receded more than 750 feet since its construction and the channel condition is degraded, which is impeding the U.S. Coast Guard's ability to carry out search and rescue missions. The Corps is reminded that these much-needed improvements are eligible to compete for additional funding provided in this account. Debris Removal.--The Corps reminded that ongoing bridge removal projects are eligible to compete for additional funding provided in this account. The Corps is also encouraged to consider removing other pilings and obstructions in close proximity to the bridge, and in or adjacent to the federal navigation channel pursuant to this authority when removing bridges and bridge pilings. Dredging Operations Technical Support Program.--Additional funding is included for the further development of the INAV platform [[Page H8351]] related to the operation and maintenance of the U.S. Marine Transportation System. Emerging Harbor Projects.--The recommendation includes funding for individual projects defined as emerging harbor projects (in section 210(f)(2) of the Water Resources Development Act (WRDA) of 1986) that exceeds the funding levels envisioned in sections 210(c)(3) and 210(d)(1)(B)(ii) of WRDA 1986. Engineering With Nature.-- The agreement includes $12,500,000 as a new remaining item in this account to support the Corps' Engineering with Nature (EWN) initiative. With the funds recommended, the Corps is encouraged to continue collaboration across research programs on nature- based infrastructure. The agreement provides $5,000,000 to support ongoing research and advance work with university partners to develop standards, design guidance, and testing protocols to improve and standardize nature-based and hybrid infrastructure solutions. The agreement also provides $5,000,000 for research into natural infrastructure options focused on drought, flood- prone lands and post fire recovery areas in western landscapes as directed in the House report. The Corps is encouraged to leverage academic partners, state and local agencies, and non-profit organizations in the southwestern United States in this effort. Additionally, the Corps is encouraged to expand the EWN initiative to support science and engineering practices that support long-term resilience and sustainability of water infrastructure and their supporting systems. Funding under this line item is intended for EWN activities having a national or regional scope or which benefit the Corps' broader execution of its mission areas. It is not intended to replace or preclude the appropriate use of EWN practices at districts using project-specific-funding, or work performed across other Corps programs that might involve EWN. The Corps is encouraged to identify EWN efforts in future budget requests. Enhanced Options for Sand Acquisition for Beach Renourishment Projects.--The Corps is urged to provide states with guidance and recommendations to implement cost effective measures and planning for sand management. Federal Breakwaters and Jetties.--The Corps is encouraged to continue progress towards revising its policy and thresholds related to major maintenance and major rehabilitation of federal jetties and breakwaters. The Corps shall brief the Committees on Appropriations of both Houses of Congress on this topic not later than 90 days after enactment of this Act. Fish Hatchery Facilities.--The Corps is reminded that activities at mitigation fish hatcheries constructed, owned, or operated by the Corps that are necessary to provide support conditions suitable to rear and release fish needed to meet the Corps' mitigation responsibilities are eligible to compete for additional funding provided in this Act. Great Lakes Navigation System.--The recommendation includes funding for individual projects within this System that exceeds the funding level envisioned in section 210(d)(1)(B)(ii) of WRDA 1986. Harmful Algal Bloom and Hypoxia Research and Control Act.-- The agreement reiterates House direction on this topic. Integrated Navigation Analysis and Systems Enhancements.-- The agreement provides additional funds in the remaining item Dredging Data and Lock Performance Monitoring System and in the remaining item Dredging Operations Technical Support Program to continue work laying the foundation for prototype applications for machine learning techniques as it relates to sedimentation-dredging patterns, dredging operations trends, and lock operations, including enhancements to systems to provide additional analytical capabilities and integrates data across enterprise navigation systems. Inspection of Completed Environmental Projects.--The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 60 days after of enactment of this Act on the status of funds in the program, guidance the Corps provides to district offices on how to implement the program and share lessons-learned from inspections, and a five-year plan for funding for the program by state. Invasive Mussels.--The agreement recognizes that dreissenid mussels, highly invasive species, threaten water delivery systems and hydroelectric facilities operated by the Corps. The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on how funds provided to date have been used for this purpose and a plan for any future needs. Isle of Shoals North and Cape Arundel Dredged Material Placement Site.--It is understood that the EPA finalized the designation of the new Isles of Shoals North Disposal Site in September 2020, and the Corps is encouraged to use the new facility for placement of material dredged from southern Maine and New Hampshire. Kennebec River Long-Term Maintenance Dredging.--There is continued support for Memorandum of Agreement signed in January 2020 denoting responsibilities between the Department of the Army and the Department of the Navy for the regular maintenance of the Kennebec River Federal Navigation Channel. Maintenance dredging of the Kennebec is essential to the safe passage of newly constructed Navy guided missile destroyers to the Atlantic Ocean. The Corps is directed to continue its collaboration with the Department of the Navy to ensure regular maintenance dredging of the Kennebec. Keystone Lake, Oklahoma.--Northeast Oklahoma sees high amounts of rainfall during many spring seasons, oftentimes creating flooding concerns for residents and businesses in this region. This nearly annual occurrence is particularly problematic around Keystone Lake. Recreation areas that support the local economy can see closures ranging from several days or weeks to the entire recreation season, and residential roads can become impassable. To assist the local community and its economy, the Corps is encouraged to examine modifications that could be made to the management of Keystone Lake that would reduce the frequency and severity of flooding events. The Corps is directed to provide a briefing on possible actions to the Committees on Appropriations of both Houses of Congress not later than 60 days after enactment of this Act. Lake Champlain-Gordon's Breakwater.--The Corps is reminded that the study pursuant to section 216 of the Flood Control Act of 1970 (Public Law 91-611) is eligible to compete for additional funding provided in this account to address necessary improvements to the Corps-owned Gordon's Landing breakwater on Lake Champlain. The Corps is encouraged to pursue the next phase of the project using applicable authorities. There is awareness that this structure is important spawning habitat for lake trout and the Corps is encouraged to consult with the U.S. Fish and Wildlife Service. Levee Safety.-- In fiscal year 2020, Congress provided $15,000,000 to implement levee safety initiatives to meet the requirements under section 3016 of WRRDA. The Committee understands these funds are sufficient to complete Phase II activities. The additional funding provided for the Inspection of Completed Federal Flood Control Projects remaining item shall be used for the assessment of high risk federally authorized levees. Within 90 days of enactment of this act, the Corps shall brief the Committees on the status of these activities and activities associated with section 3016 of WRRDA, including any additional funding needs identified to complete and a timeline for implementation of the next phase. Locks and Dams Levels of Service.--There remains concern about the level of service reductions and proposed level of service reductions at locks and dams along our nation's inland waterways and the adverse economic effects this has on impacted communities. The Corps is reminded that remote lock operations at locks and dams in the Ohio River System are eligible to compete for additional funding provided in this account. Mississippi River Basin Coordination.--The Corps is urged to participate in and coordinate as an essential federal stakeholder with the Environmental Protection Agency on developing a Mississippi River restoration and resiliency strategy focused on improving water quality, restoring habitat and natural systems, improving navigation, eliminating aquatic invasive species, and building local resilience to natural disasters. Monitoring of Completed Navigation Projects.--The Corps is directed to continue research on the impact of reduced lock operations on riverine fish at not less than the fiscal year 2020 level. The goal of the continued funding is to support the ongoing research and, where appropriate, expand the work to look at ecosystem level impacts and additional waterways, lock structures, lock operation methods, and fish species that will more fully inform the Corps' operations. An additional $4,000,000 in funding is provided to support the structural health monitoring program to facilitate research to maximize operations, enhance efficiency, and protect asset life through catastrophic failure mitigation. Mount St. Helens Sediment Monitoring.--The agreement notes that Mount St. Helens Sediment Monitoring activities have not been funded in the Corps work plan for the sixth consecutive year. Yearly monitoring is vital to ensure that the sediment retention structure can properly protect the communities in Cowlitz County, Washington. There is awareness that the lack of federal funding has led to local communities funding sediment monitoring and encourages the Corps to include appropriate funding in future budget submissions for this effort. Multimodal Utilization of Marine Transportation.--Aging infrastructure poses enormous challenges to the Corps mission and advances in navigation optimization modeling tools to integrate rail and road modes of transit with the marine transportation system is critical in meeting increased demand. The Corps is encouraged to continue efforts to improve the performance, efficiency, and resilience of the nation's navigation and flood risk management system and develop innovative system optimization technologies for reliable water resources infrastructure. The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on these opportunities. National Coastal Mapping Program.--The agreement includes $3,800,000 for Arctic coastal mapping needs currently not met by existing mapping programs due to gaps caused when mapping agencies distinguish between land mapping and water charting. The Corps shall use these funds to prioritize, coordinate and conduct Arctic coastal mapping operations, data processing, product development, and data dissemination, to identify and meet priorities in the Arctic region. [[Page H8352]] The Corps is directed to work closely with the Alaska Mapping Executive Committee, the State of Alaska, and relevant federal agencies to ensure that mapping efforts are coordinated and adhere to the priorities identified in the Alaska Coastal Mapping Strategy. Not later than 90 days after enactment of this Act, the Corps shall brief the Committee on the status of these activities including future anticipated funding needs, how the Corps will partner with non-Federal stakeholders, and how the Corps will ensure adequate competition for any acquisition requirements. National Dam Safety Program.--The Corps is directed to brief the Committees on Appropriations of both Houses of Congress as soon as the Independent External Peer Review (IEPR) of risk-informed dam safety practices is completed. The briefing shall include the review's findings, any follow- up actions to implement those findings planned by the Federal agencies, and any potential responses to the findings that Congress could take. If the IEPR review is not completed by Dec 31, 2020, the Corps shall brief the Committees on the schedule to complete this review. Operation and Maintenance of Corps Dams.--The agreement reiterates House direction. Performance Based Budgeting Support Program.--Of the funding provided for this remaining item, $2,000,000 shall be to support performance based methods that enable robust budgeting of the hydropower program through better understanding of operation and maintenance impacts leveraging data analytics. Providence, Rhode Island.--The Corps reminded that the Dredged Material Management Plan for Providence River, Rhode Island, is eligible to compete for additional funding provided in this account. Regional Dredge Contracting.--In accordance with section 1111 of the America's Water Infrastructure Act of 2018 (Public Law 115-270), the Corps is encouraged to enter into regional contracts to support increased efficiencies in the deployment of dredges for all Civil Works mission sets, prioritizing deep draft navigational projects. Regional Sediment Management.--The agreement provides $5,000,000 to continue Corps research and development into enhanced forecasting capabilities to implement proactive strategies for flood risk management to enhance the resiliency of coastal communities and mitigate socioeconomic and environmental consequences of extreme coastal hazards. Funds are also provided to support cooperative efforts between the Corps and academia to address compound flooding issues. Response to Climate Change at Corps Projects.--The agreement includes $5,000,000 to position water resources projects to be managed as systems due to the implications of a changing climate. Salt Cedar.--The Corps is encouraged to prioritize funding for projects that will remove non-native plant species like Salt Cedars, replace non-native plant species with native plants, and monitor riparian areas where non-native plant species have been removed and replaced. The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act detailing its work to remove, replace, and monitor to prevent the spread of non-native plant species along riparian areas. San Rafael Channel, California.--Lack of dredging is becoming a public safety issue at the San Rafael Police and Fire Departments, which are based in the channel and need access and capacity for bay patrols, rescues, and other public safety activity. The Corps is reminded that dredging of the San Rafael Channel is eligible to compete for additional funding provided in this account. Scheduling of Reservoir Operations.--The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than January 31, 2021, on the progress in expending the additional $4,000,000 provided in the Scheduling of Reservoir Operations remaining item in fiscal year 2020 for a water control manual update. Small, Remote, or Subsistence Harbors.--The agreement emphasizes the importance of ensuring that our country's small and low-use ports remain functional. The Corps is encouraged to consider expediting scheduled maintenance at small and low use ports that have experienced unexpected levels of deterioration since their last dredging. Soil Moisture and Snowpack Monitoring Program.--The additional funds provided shall be used along with the $3,000,000 the Corps reprogrammed to the Hydrologic Studies remaining item on June 2, 2020, in the Investigations account. Tennessee-Tombigbee Waterway.--During the height of this shoaling in 2019, more than a dozen tows were stuck waiting for emergency channel work to restore traffic. Limited availability of emergency funds caused several weeks of additional delays. The Corps is directed to evaluate opportunities to improve operational scenarios that lead to reduced interruptions in commerce due to waterborne navigation corridor flooding, other silting activities, and unplanned lock closures. Toledo and Lorain Harbors, Ohio.--The Corps is reminded that the Toledo and Lorain Harbors are eligible to compete for additional funding provided in this account. Water Control Manuals.--Many water control manuals are decades old and in need of updating, particularly in light of recent dam disasters and improvements in forecast-informed reservoir operations (FIRO). Last year, Congress funded the development of a comprehensive list of water control manuals at Corps-owned projects located in states where a Reclamation project is also located, including a prioritized list of needed updates of those manuals. The agreement recommends $7,500,000 in additional funds to complete water control manual updates at projects identified on the list, including in regions impacted by atmospheric rivers and where improved forecasting can improve water operations. If needed, funds shall also be used to operationalize a FIRO-compatible component of the Corps Water Management System to process ensemble and synthetic forecasts to ensure continuous implementation of improvements in forecast skill for water operations. The Corps is directed to brief the Committees on Appropriations of both Houses of Congress prior to executing any water control manual updates. Water Operations Technical Support (WOTS).--The agreement includes $5,000,000 in addition to the budget request to continue research into atmospheric rivers first funded in fiscal year 2015. The Corps is encouraged to operationalize a Forecast-Informed Reservoir Operations compatible component of the Corps Water Management System to process ensemble and synthetic forecasts to ensure continuous implementation of improvements in forecast skill for water operations. Westport (Saugatuck River), Connecticut.--The Corps is reminded that this project is eligible to compete for additional funding provided in this account. regulatory program The agreement includes $210,000,000, for the Regulatory Program. Additional Funding.--Using additional funds provided in this account the Corps shall ensure the timely processing of shellfish aquaculture permitting activities, and the agreement reiterates the House direction regarding quarterly briefings. Additional funds above the budget request are also included to address capacity needs related to staffing in Corps districts that handle high a high volume of wetland permitting. Compensatory Mitigation Rule.--There is concern that the Corps may not be consistent in its implementation of the 2008 Compensatory Mitigation Rule, based on the Corps' publicly available data. There are concerns that particular districts have failed to adhere to the mitigation hierarchy in the Rule as it pertains to the preference for mitigation bank credits. The Corps is reminded that although the Rule provides some discretion, the Rule is clear that this discretion is limited and deviations from the mitigation hierarchy must be based on scientific and technical analysis. The Corps is directed to properly and consistently implement the Rule, including adherence to its mitigation hierarchy and documentation of decisions by the District Engineer regarding which mitigation mechanism is appropriate to offset impacts under the Rule and which sections of the Rule justify the particular decision. The Corps shall brief the Committees on Appropriations of both Houses of Congress not later than one year after the enactment of this Act on steps taken to ensure proper and consistent application of the Rule across districts, consistent with this direction. formerly utilized sites remedial action program The agreement includes $250,000,000 for the Formerly Utilized Sites Remedial Action Program. flood control and coastal emergencies The agreement includes $35,000,000 for Flood Control and Coastal Emergencies. As the nation experiences severe weather events more frequently, there is appreciation for the work the Corps undertakes with this funding. The agreement notes that traditionally funding for disaster response has been provided in supplemental appropriations legislation, including recently in 2018 (Public Law 115-123) and 2019 (Public Law 116-20) and that amounts necessary to address damages at Corps projects in response to natural disasters can be significant. The Administration is reminded that it has been deficient in providing to the Committee statutorily- required detailed estimates of damages to Corps projects. expenses The agreement includes $206,000,000 for Expenses. A properly staffed organizational structure is essential for the Corps to efficiently and effectively accomplish the Corps' Civil Works mission. Additional funds recommended in this account shall be used to support implementation of the Corps' Civil Works program, including hiring additional FTEs. This includes developing and issuing policy guidance; managing Civil Works program; and providing national coordination of and participation in forums and events within headquarters, the division offices, and meeting other enterprise requirements and operating expenses. The Corps is encouraged to pursue updating the 2011 U.S. Manpower Analysis Agency staffing analysis based on current Civil Works needs. The Administration is urged to include in future budget requests funding commensurate with these needs. Deauthorizations and Inventory of Corps Projects.--In fiscal years 2019 and 2020, Congress directed the Corps to provide a list of all projects that have been deauthorized or will be deauthorized in the next two fiscal years as a result of section 1302 of the WIIN Act (Public Law 114-322) and a list of all authorized Corps studies and projects in each [[Page H8353]] state. The Corps has yet to provide either of these requirements. Therefore, the Corps is directed to develop and submit to the Committees on Appropriations of both Houses of Congress not later than 120 days after the enactment of this Act the statutorily-required deauthorization lists and to brief the Committees not later than 30 days after the enactment of this Act on the status of these activities. office of the assistant secretary of the army for civil works (including rescission of funds) The agreement includes $5,000,000 for the Office of the Assistant Secretary of the Army for Civil Works. The agreement also includes a rescission of $500,000 in prior- year unobligated balances, for a net appropriation of $4,500,000. The agreement includes legislative language that restricts the availability of funding until the Secretary submits the required baseline report and a work plan that allocates at least 95 percent of the additional funding provided in each account (i.e., 95 percent of additional funding provided in Investigations, 95 percent of additional funding provided in Construction, etc.). This restriction shall not affect the roles and responsibilities established in previous fiscal years of the Office of the Assistant Secretary of the Army for Civil Works, the Corps headquarters, the Corps field operating agencies, or any other executive branch agency. A timely and accessible executive branch in the course of fulfilling its constitutional role in the appropriations process is essential. The requesting and receiving of basic, factual information, such as budget justification materials, is vital in order to maintain a transparent and open governing process. The agreement recognizes that some discussions internal to the executive branch are pre- decisional in nature and, therefore, not subject to disclosure. However, the access to facts, figures, and statistics that inform these decisions are not subject to this same sensitivity and are critical to the budget process. The administration shall ensure timely and complete responses to these inquiries. There continues to be concerns about the bureaucratic process for renewing leases under 10 U.S.C. 2667 and 16 U.S.C. 460d. Therefore, the Secretary is urged to consider the efficiencies that may be gained by allowing Corps districts to authorize lease renewals under this section, including lease applications in excess of 25 years. Administrative Costs.--To support additional transparency in project costs, the Secretary is directed to ensure that future budget submissions specify the amount of anticipated administrative costs for individual projects. water infrastructure finance and innovation program The agreement recommends $14,200,000 for the Water Infrastructure Finance and Innovation Program, an increase of $14,200,000 above the budget request. The financial assistance the Secretary is authorized to provide pursuant to the Water Infrastructure Finance and Innovation Act (Public Law 113-121) [WIFIA] can play an important role in improving the nation's infrastructure. The Corps is directed to complete the administrative actions necessary to stand up the WIFIA program (the Corps Water Infrastructure Financing Program) and to provide the financial assistance envisioned in the legislation. The recommendation makes $2,200,000 available to the Secretary for program development, administration, and oversight, including but not limited to, publishing the final fee and program rules, criteria for project eligibility and Notice of Funding Availability, as well as issuance of guidance to clarify, as Congress intended, that an eligible project to reduce flood damages, includes measures to prevent significant loss of life and property from the failure of high hazard dams, and that the financial assistance program authorized in WIFIA applies to all non-Federal projects and any authorized project that is non-federally owned, operated, and maintained. The recommendation includes $12,000,000 for the financial assistance authorized by WIFIA. General Provisions--Corps of Engineers--Civil (including transfer of funds) The agreement includes a provision relating to reprogramming. The agreement includes a provision regarding the allocation of funds. The agreement includes a provision prohibiting the use of funds to carry out any contract that commits funds beyond the amounts appropriated for that program, project, or activity. The agreement includes a provision concerning funding transfers related to fish hatcheries. The agreement includes a provision regarding certain dredged material disposal activities. The Corps is directed to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on dredged material disposal issues. The agreement includes a provision prohibiting funds for reorganization of the Civil Works program. Nothing in this Act prohibits the Corps from contracting with the National Academy of Sciences to carry out the study authorized by section 1102 of the America's Water Infrastructure Act of 2018 (P.L. 115-270). The agreement includes a provision regarding eligibility for additional funding. Whether a project is eligible for funding under a particular provision of additional funding is a function of the technical details of the project; it is not a policy decision. The Chief of Engineers is the federal government's technical expert responsible for execution of the Civil Works program and for offering professional advice on its development. Therefore, the provision in this agreement clarifies that a project's eligibility for additional funding shall be solely the professional determination of the Chief of Engineers. The agreement includes a provision regarding reallocations at a project. The agreement includes a provision addressing new starts. TITLE II--DEPARTMENT OF THE INTERIOR Central Utah Project central utah project completion account The agreement includes a total of $21,000,000 for the Central Utah Project Completion Account, which includes $17,700,000 for Central Utah Project construction, $1,800,000 for transfer to the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission, and $1,500,000 for necessary expenses of the Secretary of the Interior. Bureau of Reclamation In lieu of all House and Senate direction regarding additional funding and the fiscal year 2021 work plan, the agreement includes direction under the heading ``Additional Funding for Water and Related Resources Work'' in the Water and Related Resources account. Drought Resiliency.--The agreement recommends $206,000,000 for the drought resiliency programs authorized in the WIIN Act. There is the belief that a solution to chronic droughts is a combination of additional storage, substantial investments in desalination and recycling, improved conveyance, and increased efficiencies in the uses of water both for agriculture and potable purposes. Reclamation is directed to continue working with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and relevant State agencies to undertake comprehensive, around the clock, real-time monitoring of water supply conditions and their impact on endangered species during critical periods in the winter and spring. Unmanned Aerial Systems.--The agreement acknowledges receipt of the October 2019 memo indicating that the Department of the Interior (Interior) does not operate any small Unmanned Aerial Systems (sUAS) that share data outside the system without specific consent of DOI. However, in January 2020, DOI grounded non-emergency UASs due to cybersecurity concerns. Given this development, Reclamation shall brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on the total number of sUAS in inventory and operation, including a breakdown of those sUAS manufactured in or with critical components produced in the People's Republic of China. The briefing shall also include: the justification for the January 2020 grounding of all sUAS by the Department, the number of exceptions made for emergency missions, and the plan to source additional sUAS from American manufacturers. water and related resources (including transfers of funds) The agreement provides $1,521,125,000 for Water and Related Resources. The agreement includes legislative language, in accordance with Public Law 114-322, to allow the use of certain funding provided in fiscal years 2017, 2018, 2019 and 2020. The agreement for Water and Related Resources is shown in the following table: [[Page H8354]] [GRAPHIC] [TIFF OMITTED] TH21DE20.350 [[Page H8355]] [GRAPHIC] [TIFF OMITTED] TH21DE20.351 [[Page H8356]] [GRAPHIC] [TIFF OMITTED] TH21DE20.352 [[Page H8357]] [GRAPHIC] [TIFF OMITTED] TH21DE20.353 [[Page H8358]] [GRAPHIC] [TIFF OMITTED] TH21DE20.354 [[Page H8359]] [GRAPHIC] [TIFF OMITTED] TH21DE20.355 [[Page H8360]] [GRAPHIC] [TIFF OMITTED] TH21DE20.356 [[Page H8361]] Aamodt Litigation Settlement Act.--The agreement directs Reclamation to use funds on hand for this settlement to initiate construction of features necessary to prevent additional cost overruns. Additional Funding for Water and Related Resources Work.-- The agreement includes funds above the budget request for Water and Related Resources studies, projects, and activities. This funding is for additional work that either was not included in the budget request or was inadequately budgeted. Priority in allocating these funds should be given to advance and complete ongoing work, including preconstruction activities and where environmental compliance has been completed; improve water supply reliability; improve water deliveries; enhance national, regional, or local economic development; promote job growth; advance tribal and nontribal water settlement studies and activities; or address critical backlog maintenance and rehabilitation activities. Funding provided under this heading, ``Additional Funding for Ongoing Work'' may be utilized for ongoing work, including preconstruction activities, on projects that provide new or existing water supplies through additional infrastructure. Of the additional funding provided under the heading ``Water Conservation and Delivery,'' $134,000,000 shall be for water storage projects as authorized in section 4007 of the WIIN Act (Public Law 114-322). Of the additional funding recommended under the heading ``Water Conservation and Delivery,'' not less than $8,000,000 shall be for construction activities related to projects found to be feasible by the Secretary and which are ready to initiate for the repair of critical Reclamation canals where operational conveyance capacity has been seriously impaired by factors such as age or land subsidence, especially those that would imminently jeopardize Reclamation's ability to meet water delivery obligations. Of the additional funding recommended under the heading ``Water Conservation and Delivery,'' $40,000,000 shall be for water conservation and banking or infrastructure projects in areas that are experiencing extended drought conditions; and with priority for activities related to the implementation of the agreements authorized by the Colorado River Drought Contingency Plan Authorization Act of 2019 (Public Law No. 116-14). These water conservation activities shall include well construction and irrigation-related structural or other measures; programs and projects that result in conservation of surface water or groundwater; or improve water system efficiency, resiliency, reliability, delivery, and conveyance, including canal system improvements. Reclamation is directed to brief the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act on the status of carrying out these activities. Of the additional funding provided under the heading ``Environmental Restoration or Compliance,'' not less than $40,000,000 shall be for activities authorized under sections 4001 and 4010 of the WIIN Act (Public Law 114-322) or as set forth in federal-state plans for restoring threatened and endangered fish species affected by the operation of Reclamation's water projects. Funding associated with each category may be allocated to any eligible study or project, as appropriate, within that category; funding associated with each subcategory may be allocated only to eligible studies or projects, as appropriate, within that subcategory. Not later than 45 days after enactment of this Act, Reclamation shall provide to the Committees on Appropriations of both Houses of Congress a report delineating how these funds are to be distributed, in which phase the work is to be accomplished, and an explanation of the criteria and rankings used to justify each allocation. Reclamation is reminded that the following activities are eligible to compete for funding under the appropriate heading: activities authorized under Indian Water Rights Settlements; aquifer recharging efforts to address the ongoing backlog of related projects; all authorized rural water projects, including those with tribal components, those with non-tribal components, and those with both; conjunctive use projects and other projects to maximize groundwater storage and beneficial use; ongoing work, including preconstruction activities, on projects that provide new or existing water supplies through additional infrastructure; and activities authorized under section 206 of Public Law 113-235. Reclamation is further reminded that feasibility studies and projects within the Central Valley Project Restoration fund, including those capable of improving water security from drought and natural disasters, are eligible to compete for additional funding provided in this account. Airborne Snow Observatory Program.--Reclamation has historically supported for snowpack surveys through the Airborne Snow Observatory (ASO) program and is encouraged to continue support of this important program. Anadromous Fish Screen Program.--Concerns persist that insufficient resources are being devoted to completing work on the last two remaining priority unscreened diversions on the Sacramento River, both of which have been specifically identified as priorities in the California Natural Resources Agency Sacramento Valley Salmon Resiliency Strategy. Reclamation is reminded that these diversions are eligible to compete for the additional funding provided in this account. Additionally, Reclamation is encouraged to maintain its focus on screening high priority diversions in the San Joaquin River Basin. Aquifer Recharge.--Reclamation is directed to work closely with project beneficiaries to identify and resolve any barriers to aquifer recharge projects when appropriate, while utilizing full authority to prioritize funds for ongoing projects through completion. Of the funds provided in this account above the budget request, $20,000,000 shall be for Aquifer Storage and Recovery projects focused on ensuring sustainable water supply and protecting water quality of aquifers in the Great Plains Region with shared or multi-use aquifers, for municipal, agricultural irrigation, industrial, recreation and domestic users. Buried Metallic Water Pipe.--Reclamation shall continue following its temporary design guidance. CALFED Water Storage Feasibility Studies.--There is recognition that these studies have taken more than 15 years and it is expected that Reclamation will take necessary steps to ensure that each of these studies is completed as soon as possible. Reclamation is directed to expeditiously complete financial assistance agreements requested by the non-Federal sponsors of these projects to help move the projects forward more efficiently. Columbia Basin Project.--The Odessa Groundwater Replacement project, part of the larger Columbia Basin Project, exists to address the severely declining Odessa groundwater aquifer within the Columbia Basin Irrigation Project boundary. The 2013 Odessa Groundwater Replacement Project Environmental Impact Statement and Record of Decision provides the legal and regulatory framework to implement the Odessa Groundwater Replacement Project. Reclamation is encouraged to move forward on implementing authorized components of the plan. Drought Contingency Plans.--Reclamation, the Department of Interior, and the seven Colorado River Basin states are to be commended for completing drought contingency plans to conserve water and reduce risks from ongoing drought for the Upper and Lower Colorado River basins. The completion of these plans marks a major milestone in protecting a critical water source in the western United States. Reclamation is encouraged to provide sufficient funding in future budget requests for activities that support these plans. Lower Colorado River Operations Program.--Reclamation is reminded that activities within this program are eligible to compete for additional funds provided under ``Water Conservation and Delivery.'' Pick-Sloan Ability-to-Pay.--Concerns persist that more than 30 Pick-Sloan irrigation districts served by Reclamation may experience significant financial impacts should Reclamation move forward with the proposal to change the eligibility requirements for the program related to user's ability to pay. Reclamation shall review the Pick-Sloan Missouri Basin Program authorizing legislation and brief the Committees on Appropriations of both Houses of Congress on its findings, including the extent to which Congress authorized relief from operation maintenance, and replacement costs for project use power in that program based on an irrigation district's ability to pay, how that authority has been applied over time, and the impacts of the currently proposed changes. For federal projects, Reclamation is directed to continue to consider irrigation district ability to pay consistent with the original intent of Congress and the 1944 Flood Control Act. Research and Development: Desalination and Water Purification Program.--Of the funding provided for this program, $12,000,000 shall be for desalination projects as authorized in section 4009(a) of Public Law 114-322. Reclamation is encouraged to give special consideration to drought-prone regions and in collaboration with possible partners in the Middle East, including Israel. Rural Water Projects.--Voluntary funding in excess of legally required cost shares for rural water projects is acceptable, but shall not be used by Reclamation as a criterion for allocating additional funding provided in this agreement or for budgeting in future years. Salton Sea Restoration.--Reclamation is encouraged to partner with federal, state, and local agencies and coordinate use of all existing authorities to support the State of California's Salton Sea Management Program. Reclamation is reminded that these activities are eligible to compete for additional funds provided in this account. Salton Sea Research Program.--Reclamation is reminded that activities and projects associated with habitat improvement, water quality, and system development, projects with a public health benefit that will benefit economically disadvantaged communities, and projects that take a multi-agency approach are eligible to compete for additional funds provided in this act. San Joaquin River Restoration.--Concerns persist that Reclamation's fiscal year 2021 budget request proposes only $28,300,000 for the San Joaquin River Restoration Program, even though Reclamation's 2018 Funding-Constrained Framework for Implementation identifies over $643,000,000 in needed program work through fiscal year 2024. Reclamation is encouraged to continue to seek annual funding at recent levels for the program. Permanent appropriations, newly available for the program in fiscal year 2020 should not supplant continued annual appropriations. [[Page H8362]] San Justo Reservoir, California.--Reclamation is reminded that the San Justo Reservoir Mussel Eradication Project is eligible to compete for the additional funding provided in ``Water Conservation and Delivery.'' Snow Modeling Data Processing.--Of the additional funding recommended in this account, $3,000,000 shall be to support Reclamation's efforts to support the U.S. Department of Agriculture and National Oceanic and Atmospheric Administration efforts to improve real-time and derived snow water equivalent information such that it can be immediately used for water resources decision-making. Reclamation is directed to continue and expand its partnerships with other Federal water management agencies on the use of new technologies related to improved direct measurements and derived Reclamation is encouraged to use innovative techniques for the purposes of forecasting timing, duration, and quantities of snow-fed water supplies to provide accurate information on water supply levels in the 17 western states, including, but not limited to, synthetic aperture radar and laser altimetry. St. Mary's Diversion Dam and Conveyance Works.--Given the recent drop structure failure and the potential impacts to Reclamation's ability to deliver water, Reclamation is directed to continue working with local stakeholders to find innovative ways to maintain and repair this infrastructure without undue impact to water users. Tualatin Project, Scoggins Dam, Oregon.--The agreement includes House direction regarding finalization of the Joint Project Contributed Funds Act agreement. Further, Reclamation shall brief the Committees on Appropriations of both Houses of Congress not later than 60 days after enactment of this Act on the status of the dam safety activities, including a timeline for completion and any challenges to addressing the safety concerns in the most efficient manner. Water and Energy Efficiency Grants.--Water and Energy Efficiency Grants are an important tool for building drought resiliency in the West. However, there is concern that many of the Water and Energy Efficiency Grants fund projects that may increase water scarcity at the basin scale by allowing conservation grant recipients to use conserved water for consumptive use. The agreement directs Reclamation to ensure that all projects funded under 42 U.S.C. 10364 comply with 42 U.S.C. 10364(a)(3)(B) and to articulate the use of the conserved water with its annual award announcement. Reclamation is directed to report to the Committees on Appropriations of both Houses of Congress not later than September 1, 2021, on how much water each activity awarded a grant in fiscal year 2020 and 2021 anticipated the activity would conserve annually and how the grantee was, or would be, using the conserved water, or was or would be ensuring that the conserved water did not go to increase consumptive use. WaterSMART Program.--Reclamation is encouraged to prioritize eligible water conservation projects that will provide water supplies to meet the needs of threatened and endangered species. WaterSMART Program: Title XVI Water Reclamation & Reuse Program.--Of the funding provided for this program, $20,000,000 shall be for water recycling and reuse projects as authorized in section 4009(c) of Public Law 114-322. White Mountain Apache Rural Water System Project.-- Reclamation is directed to continue to work with the White Mountain Apache Tribe on the White Mountain Apache Rural Water System project, and is reminded that this project is eligible to compete for the additional funding provided in ``Water Conservation and Delivery.'' Yakima River Basin Integrated Water Resource Management Plan.--This innovative water management plan represents years of collaboration in the Yakima River Basin among stakeholders including Reclamation, the State of Washington, the Yakama Nation, irrigators and farmers, conservation organizations, recreationists, and local governments to address water supply needs for agriculture, fish and wildlife, and municipal use. Reclamation is reminded that these activities are eligible to compete for additional funding provided in this account. central valley project restoration fund The agreement provides $55,875,000 for the Central Valley Project Restoration Fund. Anadromous Fish Screen Program.--The recommendation includes not less than $1,200,000 for the Anadromous Fish Screen Program, in accordance with the budget request. There continues to be concern about the disconnect between funding levels requested and ultimately allocated for the Anadromous Fish Screen Program. Reclamation is urged to maintain its focus on screening the remaining high priority diversions from within funds made available under the Central Valley Project Restoration Fund. california bay-delta restoration (including transfers of funds) The agreement provides $33,000,000 for the California Bay- Delta Restoration Program. policy and administration The agreement provides $60,000,000 for Policy and Administration. Reclamation Project Reimbursability Decisions.--In September 2017, the Department of the Interior's Office of Inspector General released a report calling into question the transparency of Reclamation's financial participation in the State of California's Bay-Delta Conservation Plan. Although Reclamation disputed several findings and recommendations in the report, Reclamation has taken steps to update its current practices and internal guidelines to better align with report recommendations. Reclamation is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 10 days after enactment of this Act, or after finalizing these updates, written copies of the relevant documents, and not later than February 28, 2021, a list of instances of redirecting appropriated funds from the intended purpose outlined in the previous year's budget request. Concerns remain regarding administrative delays and excessive review times in the award and implementation of financial assistance agreement funding. Reclamation is urged to address factors related to these issues, including lags in completing contracts, in a timely and efficient manner. administrative provision The agreement includes a provision limiting Reclamation to purchase not more than five passenger vehicles for replacement only. General Provisions--Department of the Interior The agreement includes a provision outlining the circumstances under which the Bureau of Reclamation may reprogram funds. The agreement includes a provision regarding the San Luis Unit and Kesterson Reservoir in California. The agreement includes a provision regarding section 9504(e) of the Omnibus Public Land Management Act of 2009. The agreement includes a provision regarding the CALFED Bay-Delta Authorization Act. The agreement includes a provision regarding section 9106(g)(2) of the Omnibus Public Land Management Act of 2009. The agreement includes a provision regarding the Cooperative Watershed Management Program. The agreement includes a provision regarding the Reclamation States Emergency Drought Relief Act of 1991. The agreement includes a provision prohibiting the use of funds in this Act for certain activities. TITLE III--DEPARTMENT OF ENERGY The agreement provides $39,625,025,000 for the Department of Energy to fund programs in its primary mission areas of science, energy, environment, and national security. Congressional Direction The Committees on Appropriations of both Houses of Congress count on a timely and accessible executive branch in the course of fulfilling its constitutional role in the appropriations process. Requesting and receiving basic, factual information, including budget justification materials and responses to inquiries, is vital in order to ensure transparency and accountability. While some discussions internal to the executive branch may be pre-decisional in nature and therefore not subject to release, the Committees' access to the facts, figures, and statistics that inform the decisions of the executive branch are not subject to those same sensitivities. The Committees shall have ready and timely access to information from the Department, Federally Funded Research and Development Centers, and any recipient of funding from this Act. Further, the Committees appreciate the ability for open and direct communication with all recipients of funding from this Act, and the Department shall not interfere with such communication. Reprogramming Requirements The agreement carries the Department's reprogramming authority in statute to ensure that the Department carries out its programs consistent with congressional direction. The Department shall, when possible, submit consolidated, cumulative notifications to the Committees on Appropriations of both Houses of Congress. Definition.--A reprogramming includes the reallocation of funds from one program, project, or activity to another within an appropriation. For construction projects, a reprogramming constitutes the reallocation of funds from one construction project to another project or a change of $2,000,000 or 10 percent, whichever is less, in the scope of an approved project. Financial Reporting and Management The Department is still not in compliance with its statutory requirement to submit to Congress, at the time that the President's budget request is submitted, a future-years energy program that covers the fiscal year of the budget submission and the four succeeding years, as directed in the fiscal year 2012 Act. In addition, the Department has an outstanding requirement to submit a plan to become fully compliant with this requirement. The Department is directed to provide these requirements not later than 30 days after enactment of this Act. Concerns persist that the Department is not considering carryover balances during the budget formulation process. The Department is directed to submit, with its budget submission to the Committees on Appropriations of both Houses of Congress, a plan to reduce its carryover balances to applicable thresholds by the end of fiscal year 2021. The Comptroller General of the United States shall assess the adequacy of the Department's plan and its interpretation of the application thresholds. Further, the Comptroller General is directed to assess the methodology by which carryover is calculated with special attention to contracting [[Page H8363]] vehicles and associated funding requirements. The Comptroller General shall brief the Committees on its findings not later than 60 days after submission of the budget. Working Capital Fund.--The agreement reiterates House direction regarding the Working Capital Fund. Alleviation of Poverty.--In each year since fiscal year 2016, the Department has been directed to provide a report detailing all domestic and international projects and programs within its jurisdiction that contribute to the alleviation of poverty. The report has not been provided, and the Department is directed to provide this report not later than 30 days after enactment of this Act. Contract Auditing and Management.--The agreement reiterates House direction to the Department and the Government Accountability Office (GAO) regarding the Cooperative Audit Strategy. In keeping with the Department's concurrence on GAO's recommendation, the Department is directed to track improper payment information in the Agency Financial Report and include the cumulative amounts of improper payments made in a given year to determine whether the annual total exceeds $100 million. Not later than 120 days after enactment of this Act, the Department shall brief the Committees on Appropriations of both Houses of Congress on the Department's plan to implement GAO's recommendation. Congressional Reporting Requirements.--Given the Department's often lengthy delays in meeting its Congressional reporting requirements, the Department is directed to establish a tracking mechanism for all Congressional reporting requirements, to be led by the Office of the Chief Financial Officer. The Department shall brief the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act on this effort. Workforce Development and Diversity Workforce Development.--The agreement reiterates House direction regarding a reporting requirement. Workplace Diversity.--The agreement reiterates House direction regarding reporting requirements. Research and Development Policy The Department is directed to maintain a diverse portfolio of early-, mid-, and late-stage research, development, and market transformation activities in each applied energy research and development program office. The Department is further directed to fully execute the funds appropriated in a timely manner and to keep the Committees on Appropriations of both Houses of Congress apprised of progress in implementing funded programs, projects, and activities. Crosscutting Initiatives The agreement provides no direction with respect to funding amounts for Crosscutting Initiatives except as explicitly included in this statement. Grid Modernization.--The agreement strongly recommends that the Grid Modernization Initiative (GMI) include efforts to develop regional predictive models of weather-caused power outages in its next Grid Modernization Lab Call and Multi- Year Program Plan to address this pressing need. Energy Storage.--The Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act and make publicly available a crosscutting research and development roadmap and implementation plan to illustrate the Energy Storage Grand Challenge's goals through 2030. The roadmap shall be focused on reducing costs and improving the performance of a diverse set of grid-scale storage technologies to meet industry needs, improve reliability and environmental performance of the electricity grid, and reduce greenhouse gas emissions. The roadmap shall include a focus on the technical, regulatory, and market issues necessary to achieve technology goals, and the implementation plan shall include a breakdown of the roles and responsibilities of each participating program office to ensure coordination among EERE, OE, FE, NE, and the Office of Science. Additionally, the roadmap and implementation plan shall include long- duration energy storage in all its forms, including chemical, electrochemical, thermal, and mechanical, as a critical enabler of high volumes of renewables on the grid. The Department is directed to provide quarterly briefings to the Committees on the Energy Storage Grand Challenge efforts, starting not later than 90 days after enactment of this Act. The Department is directed to coordinate efforts among various existing Department programs to maximize efficiency of funds and expand vital research. Critical Minerals.--With respect to the newly established Critical Minerals Initiative, the Department is directed to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on the funding profiles, portfolio of funding opportunities, programmatic investments, and roles and responsibilities of each participating program office. Plastics Innovation Challenge and Revolutionizing Polymer Upcycling.--The Department is directed to provide to the Committees on Appropriations of both Houses of Congress a report that describes a coordinated research plan for activities within EERE, the Office of Science, and any other relevant program office. The research plan shall include the roles and responsibilities for each program office. The report shall be provided not later than 90 days after enactment of this Act and prior to any funds being obligated for these purposes. Integrated Energy Systems.--The Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a report that details a potential research agenda of integrated energy systems activities, including estimated funding levels for those activities and the roles and responsibilities of each participating program office. The Department is directed to coordinate all integrated energy systems activities across FE, NE, EERE, and any other relevant program office. Emissions Reductions.--The Department is directed to take into consideration the projected reductions in greenhouse gas emissions when selecting activities and projects for funding within EERE, NE, and FE. Arctic Energy Office.--The agreement supports the promotion of research, development, and deployment of electric power technology that is cost-effective and well-suited to meet the needs of rural and remote regions of the United States, especially where permafrost is present or located nearby. The Department is directed to continue the renewed focus on the Arctic region, and as a crosscutting activity, use the Arctic Energy Office as a centralized area to support the use of energy resources, but also innovative activities, including microgrids and integrated energy systems. Researching effects of Per- and polyfluoroalkyl substances [PFAS].--The agreement recognizes the potential impacts of PFAS contamination in humans and that supercomputers are critical in this field of research. Therefore, the agreement urges the Department, in coordination with the Environmental Protection Agency and the National Institute of Environmental Health Sciences Superfund Research Program, to use supercomputers to study the computational toxicology of PFAS. Dislocated Coal Miners Assistance The Secretary is directed to coordinate with the Secretary of Labor to ensure dislocated coal miners receive re- employment services they are currently eligible for under the Workforce Innovation and Opportunity Act Programs. Ethane Long Term Trends The Secretary, in consultation with the heads of other relevant federal departments or agencies and stakeholders, as appropriate, is encouraged to conduct not later than one year after enactment of this Act a study assessing the long-term trends related to the domestic production and consumption of ethane, the export of ethane, and the opportunities for and economic benefit of investments for further domestic use. The study should include an examination of the following questions: (i) what is the potential value (direct investment, direct and indirect job creation, tax generation, etc.) of domestic manufacturing growth based on available domestic ethane supply; (ii) given demonstrated historical investment in ethane-based domestic manufacturing, and assuming it will continue given sufficient projected ethane supply, what is the opportunity cost of exporting available ethane supply in support of foreign manufacturing; (iii) what is the impact of progressive import tariffs (such as those imposed by China where value-added goods are tariffed at higher rates than the raw materials used to make them are tariffed) on ethane, ethylene and polyethylene; (iv) could these strategies by other countries, result in capital flight from the U.S. to other countries where U.S. raw materials will be upgraded to higher value-added goods and sold back to America; and (v) have other countries enacted policies around use versus exporting purity ethane. Contract Competition The Comptroller General is directed to assess aspects of the Department's and National Nuclear Security Administration's (NNSA) acquisition processes. The assessment should include the following issues: --Competition in recent awards: information on how many companies in recent years have bid on and received awards for large DOE and NNSA contracts, and the extent to which the companies are bidding on multiple solicitations. --Barriers to entry: whether there are systemic impediments that affect whether companies will do business with DOE and NNSA, whether DOE and NNSA are aware of these impediments, and if so, what the agencies have done to address them. --Selection criteria: selection criteria DOE and NNSA have used for their large contracts, how the agencies determine the selection criteria to use for a solicitation, and how the agencies determine the relative priority of those criteria. --Past performance information: how DOE and NNSA use information on past performance in making awards, particularly when many large DOE and NNSA contracts are awarded to several companies that come together to form a single purpose limited liability company, and how reliable the information in the Contractor Performance Assessment Reporting System is for making determinations about companies' past performance. The Comptroller General shall provide a briefing to the Committees on Appropriations of both Houses of Congress on GAO's plan for addressing these issues not later than 180 days after enactment of the Act. [[Page H8364]] Freedom of Information Act Review Requests The Department is directed to provide sufficient funding to increase the number of classifiers to review document requests submitted to the Department through the Freedom of Information Act. ENERGY PROGRAMS Energy Efficiency and Renewable Energy (including rescission of funds) The agreement provides $2,864,000,293 for Energy Efficiency and Renewable Energy. The agreement also includes a rescission of $2,240,293 of unused, previously appropriated funds, for a net appropriation of $2,861,760,000. Direction related to Department-wide crosscutting initiatives is provided under the heading ``Crosscutting Initiative'' in the front matter of ``Department of Energy.'' Congressional Direction.--The Department is directed to give priority to stewarding the assets and optimizing the operations of EERE-designated user facilities across the Department's complex. In future budget requests, the Department is directed to demonstrate a commitment to operations and maintenance of facilities that support the Department's critical missions. Research and Development Policy.--The Department is reminded that the research and development (R&D) policy contained in the front matter of Title III of this report specifically applies to each program within EERE. The Department shall provide the Committees on Appropriations of both Houses of Congress with the specific breakdowns for R&D stages for both funds that are allocated according to this report and any funds that are not allocated by this report for each program. Renewable Energy Grid Integration.--To facilitate the oversight of grid integration activities, the agreement provides $40,000,000 to be provided from across the Solar Energy, Wind Energy, Water Power, and Geothermal Technologies programs. Further, within available funds, the agreement provides $10,000,000 for development and demonstration of an ``energyshed'' management system that addresses a discrete geographic area in which renewable sources currently provide a large portion of electric energy needs, where grid capacity constraints result in curtailment of renewable generation, and with very substantial existing deployment of interactive smart meters. The ``energysheds'' design should achieve a high level of integration resilience and reliability among all energy uses, including both on-demand and long-time energy scales, transmission and distribution of electricity. Cybersecurity.--Within funds recommended for EERE, not less than $20,000,000 is provided to bring cybersecurity into early-stage technology research and development so that it is built into new technology. North American Energy Research.--Within available funds, the agreement provides $10,000,000 for a consortium of universities in the United States that has established agreements with universities in Canada and Mexico to conduct research on a broad array of energy sources and topics. Clean Energy Workforce Development.--EERE programs are encouraged to allocate funding to training and workforce development programs that assist and support workers in trades and activities required for the continued growth of the U.S. energy efficiency and clean energy sectors, with an emphasis on training programs focused on building retrofit and the construction industry. The Department is encouraged to continue to work with two-year, community and technical colleges, labor, and non-governmental and industry consortia to pursue job training programs, including programs focused on displaced fossil fuel workers, that lead to an industry- recognized credential in the energy workforce. Energy Star.--The Department is directed to continue ongoing Energy Star activities in their current form. The Department is reminded that Public Law 115-141 directed a report to review the 2009 Memorandum of Understanding related to the Energy Star Program on whether the expected efficiencies for home appliance products have been achieved. This report has not been received, and the Department has not provided a sufficient update on why the report is delayed. The Department shall provide a briefing to the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act on the status of the report and is directed to subsequently provide the report. Reduced Emissions Study.--The Department is directed to conduct a study evaluating potential pathways to reducing emissions from the home and small commercial heating and cooling sector through the use of advanced biofuels and biofuels blends, geothermal district heating and cooling system, electric heat pumps and low-emission refrigerants. The Department is directed to provide this report to the Committees on Appropriations of both Houses of Congress not later than one year after the enactment of this Act. Zero Emissions Energy Credit.--The fiscal year 2018, 2019, and 2020 Acts required the Department to produce a report to evaluate the effects of a Zero Emissions Energy Credit. The Department is directed to provide this report to the Committees on Appropriations of both Houses of Congress not later than 15 days after the enactment of this Act. SUSTAINABLE TRANSPORTATION Vehicle Technologies.--Within available funds, the agreement includes not less than $175,000,000 for Battery and Electrification Technologies, not less than $70,000,000 for Advanced Engine and Fuel Technologies, not less than $40,000,000 for Materials Technologies, and $66,300,000 for Outreach, Deployment, and Analysis. The agreement provides not less than $40,000,000 for electric drive research and development, of which not less than $7,000,000 is to enable extreme fast charging and advanced battery analytics. Furthermore, the agreement includes not less than $7,000,000 for operations and maintenance of the National Transportation Research Center, including not less than $2,000,000 for early-stage industry technical collaborations; $20,000,000 to launch the SuperTruck III program to further improve the energy and freight efficiency of heavy and medium duty long- and regional-haul vehicles; and $2,500,000 for EcoCAR 4. Within available funds for Advanced Engine and Fuel Technologies, $12,500,000 is provided for the Co-Optimization of Engine and Fuels Multi-Laboratory Consortium. Within available funds for Materials Technology, $35,000,000 is provided for early-stage research on metals and research on carbon fiber-reinforced composites at the Carbon Fiber Technology Facility. Within available funds for Outreach, Deployment, and Analysis, the agreement provides $40,000,000 for deployment through the Clean Cities Program. The Department is encouraged to foster broader adoption of clean vehicles and installation of supporting infrastructure. The Department is encouraged to explore ways in which the Clean Cities Program can leverage funding to provide greater support for electrification efforts. Within Outreach, Deployment, and Analysis, but outside of the Clean Cities Program, $20,000,000 is for up to five competitive grant awards to develop Electric Vehicle Community Partner Projects. Further, the Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act a plan for establishing and implementing a Clean School Bus Grant Program. The plan shall prioritize awards of funds to school districts serving disadvantaged communities and those that are located in air quality non-attainment areas and include options for contracting, schedule, and funding that extend resources to the greatest number of school districts and students. Further, the Department is encouraged to collaborate with the Department of Transportation and the U.S. Environmental Protection Agency. The agreement provides $10,000,000 to continue to support improving the energy efficiency of commercial off-road vehicles, of which up to $5,000,000 is for fluid power systems. The funds shall be awarded through a competitive solicitation in which university and industry teams are eligible to apply. The agreement further provides $15,000,000 to address technical barriers to the increased use of natural gas vehicles for medium- and heavy-duty on-road natural gas engine research and development, including energy efficiency improvements, emission after-treatment technologies, fuel system enhancements, and new engine development, natural gas storage natural gas engines, and fueling infrastructure optimizations. In Public Law 115-244, the Department was directed to undertake a study on natural gas vehicle deployment in on- and off-road transportation, which has not yet been provided. The Department is directed to provide an update on the status of this study and subsequently provide this study. The agreement further provides $5,000,000 for research on direct injection, engine technology, and the use of dimethyl ether as fuel, and encourages continued research and development as appropriate in advanced combustion and vehicle engine technology efficiency in propane engines used for light and medium-duty applications. Within available funds, $5,000,000 is provided to support research and development on two-stroke opposed piston engines to be conducted by industry-led teams. The agreement provides $10,000,000 for section 131 of the 2007 Energy Independence and Security Act for transportation electrification. The Department is directed to conduct a study on how to increase the reuse, recycling, and manufacturing of electric vehicle batteries in the United States. The Department is directed to provide this study to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act. The Department is encouraged to continue outreach and deployment activities of renewable natural gas and natural gas-powered vehicles. The Department is encouraged to continue efforts to improve cost, performance, and charging time of plug in vehicles. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 270 days after the enactment of this Act a report with recommendations to enhance domestic manufacturing battery technologies to include recommendations on reducing the size of vehicle batteries and reducing the use of cobalt. The agreement recognizes the need for clarity regarding the availability, affordability, and reliability of direct current fast chargers for electric vehicles. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act a report on the technologies and calculation methods that meet [[Page H8365]] the tentative code for EV charger metering and testing published in the National Institute of Standards and Technology Handbook 44, Section 3.40. The Department is encouraged to continue the Programs for Energy Efficient Mobility Systems, Batteries, Charging, & Electric Vehicles, and Technology Integration. These investments, which include initiatives in SMART Mobility and Big Data Solutions for Mobility, are critical to expanding U.S. energy security, economic vitality, and quality of life. Therefore, the agreement supports continued funding for research that allows the U.S. to continue its leadership in advancing state-of-the-art transportation systems science and technology. The Department is encouraged to conduct early stage research to lower the cost of batteries for electric vehicles, including research on extreme fast charging. With an abundant source of low-cost domestic natural gas, this resource as a transportation fuel is becoming an alternative fuel of choice for high fuel use fleets and off- road vehicles and provides a substantial reduction in nitrogen oxide emissions. Further research is needed on natural gas storage, engines, and fueling infrastructure optimization. Bioenergy Technology.--Within available funds, the agreement provides not less than $40,000,000 for Feedstock Technologies, not less than $40,000,000 for Advanced Algal Systems, $110,000,000 for Conversion Technologies, $50,000,000 for System Development and Integration, and $9,500,000 for Data, Modeling, and Analysis. The Department is directed to recognize all commercially available feedstock in their research projects. Within funds for Feedstock Technologies, $5,000,000 is provided for upgrades at the Biomass Feedstock National User Facility. Within available funds for Advanced Algal Systems, $10,000,000 is provided to continue research and development activities to support carbon dioxide capture from the atmosphere into highly alkaline solutions using algae-to- energy technologies. The Department is directed to continue collaboration with the Office of Science and the Office of Fossil Energy in this area. Within available funds for Conversion Technologies, $20,000,000 is provided to continue activities of the Agile Biology Foundry. The Department is directed to continue efforts to make full and innovative use of biomass, municipally derived biosolids, and other carbon already available and impacting the environment, such as municipal solid waste, plastics, and livestock waste. The agreement provides $5,000,000 to demonstrate the use of and improve the efficiency of community-scale digesters. Within available funds for System Development and Integration, $37,500,000 is provided to support the multiyear strategy for pre-pilot, and demonstration projects. Within available funds, not less than $12,500,000 is recommended for the Co-Optimization of Engine and Fuels Multi-Laboratory Consortium. Within available funds, $5,000,000 is provided to develop and test new domestic manufactured low-emission, high efficiency, residential wood heaters, and $10,000,000 is provided to perform research and development to advance the deployment of conversion processes to advance the supply of renewable natural gas as a clean fuel option. The agreement reiterates House direction regarding continued research on carbon storage in forest lands. The Department is encouraged to focus on defining and meeting technical targets that reduce cost of sustainable aviation fuels through the conversion of low-cost waste carbon as feedstocks. These efforts should consider relevant global supply chains and should be coordinated with other Federal agencies, the aviation industry, national laboratories, and universities. Hydrogen and Fuel Cell Technologies.--Within available funds, the agreement provides $25,000,000 for Fuel Cell Technologies, $70,000,000 for Hydrogen Technologies, and $35,000,000 for Systems Development and Integration. The agreement recommends not less than $45,000,000 for technologies to advance hydrogen use for heavy-duty transportation and industrial applications. Within available funds for Systems Development and Integration, the agreement provides $3,000,000 for manufacturing research and development; up to $10,000,000 for manufacturing research development with a focus on fuel cell stack manufacturing cost reduction; $7,000,000 for industry- led efforts to demonstrate a hydrogen-focused integrated renewable energy production, storage, transportation fuel distribution and retailing system, and fuel cell system development; and $3,000,000 for research on in-situ metrology for process control systems for manufacturing of key hydrogen system components. The Department is encouraged to engage with industry on codes and standards for developing fuel cell and hydrogen markets such as heavy-duty trucks. The Department is also encouraged to continue coordination between U.S. and international standard bodies to ensure there is one set of open (non-proprietary) global standards for fuel cell and hydrogen technologies. Within available funds, $15,000,000 is provided for high temperature electrolysis research and development and to cost share the Office of Nuclear Energy hydrogen demonstration activities. The agreement provides not less than $80,000,000 for these [email protected] activities. The Department shall continue research on novel onboard hydrogen tank systems, as well as trailer delivery systems to reduce cost of delivered hydrogen. Further, the Department is directed to support research and development activities that reduce the use of platinum group metals, provide improvements in electrodes and membranes and balance-of-plant components and systems. The Department is encouraged to conduct regular consultation with industry to avoid duplication of private- sector activities and ensure retention of fuel cell technology and systems development in the United States. The Secretary is encouraged to work with the Department of Transportation and industry on coordinating efforts to deploy hydrogen fueling infrastructure. renewable energy Solar Energy.--The agreement provides not less than $60,000,000 for Concentrating Solar Power, not less than $72,000,000 for Photovoltaic Technologies, $46,500,000 for Systems Integration, $35,000,000 for Balance of Systems Soft Cost Reduction, and not less than $60,000,000 for Manufacturing and Competitiveness. Within available funds for Concentrating Solar Power, $5,000,000 is provided for a demonstration on advanced thermal desalination technologies. Within available funds for Balance of Systems Soft Costs, $5,000,000 is for the National Community Solar Partnership program. The Department is directed to align the National Community Solar Partnership Program with other existing federal programs that serve low-income communities. The Department is further directed to provide technical assistance to states and local and tribal governments for projects to increase community solar, including assistance in the development of new and innovative financial and business models that leverage competition in the marketplace in order to serve community solar, and to use national laboratories to collect and disseminate data that assists private entities in the financing of, subscription to, and operation of community solar projects. Within available funds for Manufacturing and Competitiveness the agreement provides $20,000,000 for research and development focused on perovskites, including inherently scalable production methods, such as solution processing, roll-to-roll manufacturing, the science of inherent material stability, and ultra-high efficiency through tandem manufacturing. Additionally, the agreement provides $20,000,000 for research and development focused on cadmium telluride based solar cell technologies. The Department is directed to provide a briefing to the Committees on Appropriations of both Houses of Congress not later than 120 days after the enactment of this Act on its efforts to work cooperatively with industry, university, and laboratory partners and efforts to develop strategies and technologies to support the continued evolution and success of cadmium telluride based solar cell technologies. The briefing shall include an outline of a research roadmap to demonstrate how this domestic industry can remain competitive globally while ensuring that cadmium telluride is produced as part of a robust American supply chain and include how funds provided in fiscal year 2020 were used for cadmium telluride technologies. Within available funds, the agreement provides $1,500,000 for competitively selected projects focused on floating solar powered aeration systems. In coordination with the Offices of Solar Energy Technologies, Strategic Program, Wind Energy Technologies, and Electricity, the Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 240 days after the enactment of this Act a report exploring the impact of alternative rate design options in scenarios with high penetrations of variable renewable energy. The Department is encouraged to develop modeling and planning tools for distributed energy resources and continue its focus within SunShot on the resilience and reliability of solar systems, as well as continue and expand programs to reduce both market barriers and soft costs, including through research on market and regulatory analysis and new techno- economic tools and methodologies for distributed energy resources. The Department is encouraged to continue work to improve co-siting of solar photovoltaics with ecosystem restoration activities and to reduce the environmental impact of solar photovoltaics. The Department is encouraged to develop programs that support a skilled, robust, and diverse solar energy workforce, including indirect solar workers in jobs related to financing and permitting. The Department is encouraged to continue research and development of solar power technologies and the potential for expansion across the rural landscape. Programs such as the Community Solar Power Choice Program may offer pathways to achieve both greater energy independence and support for rural communities. Therefore, further research is required to determine best methods to improve generation and access to markets through transmission and distribution while incentivizing landowner economic participation. In addition, the Department is encouraged to consult with the Department of Agriculture to examine opportunities for collaboration toward this shared objective. Wind Energy.--The agreement provides $31,800,000 for Land- Based Wind, $63,200,000 for Off-Shore Wind, $10,000,000 for Distributed [[Page H8366]] Wind, and $5,000,000 for Grid Integration and Analysis. Within available funds, the agreement includes $1,000,000 for the Wind for Schools Program, and $15,000,000 to continue work on the next generation, high-efficiency lightweight turbine generators. The Department is directed to support the advancement of innovative technologies for offshore wind development including freshwater, deep water, shallow water, and transitional depth installations. Further, the agreement recommends not less than $30,000,000 for the Department to prioritize early-stage research on materials and manufacturing methods and advanced components that will enable accessing high quality wind resources, on research and development that will enable these technologies to compete in the marketplace without the need for subsidies, and on activities that will accelerate fundamental offshore specific research and development such as those that target technology and deployment challenges unique to U.S. waters. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act a report that outlines regional and national strategies to accelerate and maximize the effectiveness, reliability, and sustainability of U.S offshore wind deployment and operation with partners from institutions of higher education, research institutions, national laboratories, the private sector, and state and local governments. The study shall address the need for expanded work in this area to potentially include an additional offshore wind consortium. In addition, the Department is directed to support innovative offshore wind demonstration projects to optimize their development, design, construction methods, testing plans, and economic value proposition. The agreement recommends not less than $10,000,000 to support additional project development and pre-construction activities for offshore wind demonstration projects to help ensure success. The Department is directed to give priority to stewarding the assets and optimizing the operations of the Department- owned wind energy research and development facilities. Within available funds, the agreement recommends not less than $30,000,000 for the National Wind Technology Center and not less than $5,000,000 for research and operations of the Integrated Energy System at Scale. The Department is encouraged to prioritize distributed wind technologies that reduce costs and improve performance and to collaborate with industry to invest in the development and demonstration of technologies and practices that advance distributed wind. Research using high-performance computing, modeling and simulation, including improved models can be used to understand atmospheric and wind power plant flow physics, and reliability and grid integration efforts. Water Power.--The agreement provides $109,000,000 for Marine and Hydrokinetic Technologies and not less than $41,000,000 for Hydropower Technologies. The agreement supports research and development, testing, and partnership activities for the Powering the Blue Economy Initiative and provides not less than $24,000,000 for these activities. The Department is directed to use existing core capabilities within its national laboratories to execute this work, in partnership with universities and industry. The Department is encouraged to use existing authorities to waive cost share for small businesses and maximize competitively awarded solicitations for industry-led research and development initiatives and project deployment. The Committee recognizes the challenges of decarbonizing remote communities and the maritime sector. The Department is encouraged to focus on activities addressing the integration of clean energy systems for remote communities and port electrification, including the demonstration of marine, distributed wind, solar, energy storage, improved microgrids, and local production of zero- carbon fuels. Within funding for marine and hydrokinetic technologies, $60,000,000 is for a balanced portfolio of competitive solicitations to support industry- and university-led research, development, demonstrations and commercialization of wave and current (ocean, river, tidal) systems and component technologies to increase energy capture, reliability, survivability, and integration into local or regional grids for lower costs and to assess and monitor environmental effects. The Department is encouraged to consider the need to create a pipeline of well-trained students when determining competitive solicitations. The agreement recommends not more than $10,000,000 is for the Testing Expertise and Access for Marine Energy Research Program and related infrastructure investments. Within available funds, up to $10,000,000 is provided to address infrastructure needs at marine energy technology testing sites. The Department is directed to continue its coordination with the U.S. Navy on marine energy technology development for national security applications at the Wave Energy Test Site and other locations. The agreement provides up to $5,000,000 to continue operations at the Atlantic Marine Energy Center. The agreement provides not less than $15,000,000 for hydropower and pumped storage modernization initiatives, including technologies, models, and analytical capabilities to support integration of intermittent generation, increase grid resilience and reliability, and improve access to electricity in remote communities or those with inadequate service. Within available funds, $3,000,000 is provided to identify opportunities for improvements in hydropower infrastructure, operations, and methods of deployment to provide benefits to other managed water systems, such as irrigation and municipal water supply. Within available funds, the agreement provides $5,000,000 for small hydropower technology innovation, testing, and initiatives. The agreement also recommends funding for new data collection and analysis to improve operations and maintenance by better understanding the impacts of changing operations on equipment failure rates, reduced availability and costs, including long-term and short-term inflow modeling work. Within available funds, $1,500,000 is provided to accelerate development and demonstration of environmental mitigation technologies to address dissolved oxygen, water quality and fish passage, including for invasive species management. Within available funds, $5,000,000 is provided for the environmental analyses and engineering of potential run-of- river hydrokinetic facilities at two sites with high electricity costs and diesel use, as determined by the Department. Funding may be used for such related field work, engineering, and analysis necessary for a future Federal Energy Regulatory Commission License. The Department is encouraged to continue science and modeling efforts to advance hydroelectric turbine design to increase energy production while reducing environmental impacts, including field data collection and improvements to fish tagging technology. Geothermal Technologies.--The agreement provides not less than $64,000,000 for Enhanced Geothermal Systems, $20,000,000 for Hydrothermal Resources, $15,000,000 for Low Temperature and Coproduced Resources, and $6,000,000 for Data, Modeling, and Analysis. The agreement provides $10,000,000 for the Wells of Opportunity Program. Within available funds, $10,000,000 is provided to fund at least one demonstration project in an area with no obvious surface expression. The Department is further directed to fund at least one demonstration of geothermal technologies for innovative distribution of heat through ground-source heating and cooling of district heating. ENERGY EFFICIENCY Advanced Manufacturing.--The agreement provides $25,000,000 for the Energy-Water Desalination Hub, $25,000,000 for the Critical Materials Institute, and $25,000,000 for the Manufacturing Demonstration Facility (MDF) and the Carbon Fiber Technology Facility. Within available funds for MDF, $5,000,000 is provided for the development of processes for hybrid materials solutions with prescribed microstructural and mechanical properties to enable precise property profiles for born qualified and certified components. Funding is necessary to improve and increase activities at all levels of the critical materials supply chain, including technologies for mining and metallurgy. Furthermore, water and energy are critical resources that are inextricably linked, and that understanding the interdependencies and vulnerabilities is increasingly critical for the Department's mission. The Committee provides $28,000,000 for the Clean Energy Manufacturing Innovation Institutes (CEMI). Within available funds, the agreement provides $14,000,000 for the final year of funding for the recently awarded Cybersecurity in Energy Efficient Manufacturing Institute. Furthermore, within available funds, $14,000,000 is provided to create one new institute. CEMIs are integral to the growth and security of the Nation's manufacturing base and the REMADE Institute, specifically its five distinct research areas. However, the agreement objects to the Department's attempts to change originally agreed upon and awarded areas of CEMI focus. The Department shall not require a CEMI, like REMADE, to spend appropriated funds without a specific timeframe that does not best support ongoing research and development. To that end, of amounts previously appropriated, not more than $15,000,000 of awarded funds in the fourth round of solicitations shall be committed to the Plastics Innovation Challenge. The Department is directed to provide a briefing to the Committees on Appropriations of both Houses of Congress not later than 60 days after the enactment of this Act on its efforts to support ongoing projects at CEMIs. The agreement provides not less than $5,000,000 for improvements in the steel industry. The agreement provides $20,000,000 for process-informed science, design, and engineering materials and devices in harsh environments, including nuclear environments, and $10,000,000 for dynamic catalyst science coupled with data analytics. The agreement provides $45,000,000 for Industrial Technical Assistance. Within this amount, the agreement provides $12,000,000 for Combined Heat and Power (CHP) Technical Assistance Partnerships (TAPs), including $5,000,000 for the TAPs and $7,000,000 for CHP activities; $12,000,000 for 32 Industrial Assessment Centers (IACs); and $5,000,000 for wastewater treatment technical assistance. The Department is encouraged to expand on the technical assistance provided by the IACs to address these needs, including by equipping the directors of the IACs with [[Page H8367]] the training and tools necessary to provide technical assistance on energy savings to these facilities. The agreement provides $20,000,000 for research and development on technologies to achieve energy efficiency of water and wastewater treatment plants as provided in the House report. Within available funds, $10,000,000 is provided for the development of advanced tooling for lightweight automotive components to lead the transition to electric vehicle and mobility solutions to meet the national urgency for market adoption. This funding shall also support activities to carry out industry outreach to identify and report on the breadth of need and potential applicants for such grants. Within available funds, the agreement provides not less than $10,000,000 for continued work on battery manufacturing research and development that includes strong end user participation. The agreement provides up to $10,000,000 for the issuance of a competitive solicitation for university or industry-led teams to improve the efficiency of industrial drying processes and foster new and innovative drying technologies. The agreement provides $4,000,000 for additive manufacturing work on large wind blades that will allow for rapid prototyping, tooling, fabrication, and testing. Further, $7,000,000 is provided for additive manufacturing of wind turbine components and $18,000,000 is provided for advanced wind turbine blade manufacturing research including additive composite tip technology, automation, and sustainability. Within available funds, the agreement provides $5,000,000 for the development of thermoplastic resin systems research for wind turbine manufacturing. The agreement provides $5,000,000 to continue to develop and industrialize a low-cost polymer infiltration process for the fabrication of silicon carbide components. The agreement recognizes the Department's expertise in developing materials and processes for very high temperature applications. Silicon carbide ceramic matrix composites are a proven, capable material for high temperature applications. The agreement provides not less than $5,000,000 to apply the Office of Science's leadership computing facility expertise in machine learning to increase efficiencies in large scale, high rate, aerostructures manufacturing. The Department is encouraged to leverage best practices from large-scale, high-rate commercial composite aerostructure manufacturing. Within available funds, the Committee recommends not less than $10,000,000 to support research, development, and demonstration projects to advance the development and commercialization of direct air capture technologies. The program is directed to continue collaboration with the Office of Science and the Office of Fossil Energy in this area. The agreement provides $5,000,000 for continued work on the development of aluminum alloy. The Department is directed to further foster the partnership between the national laboratories universities, and industry to use bio-based thermoplastics composites, such as micro- and nanocellulosic materials, and large-area 3-D printing to overcome challenges to the cost and deployment of building, transportation, and energy technologies. The agreement provides $20,000,000 to continue the development of additive manufacturing involving nanocellulosic feedstock materials made from forest products to overcome challenges to the cost and deployment of building, transportation, and energy technologies, and encourages the Department to leverage expertise and capabilities for large-scale additive manufacturing through partnerships between universities and the MDF. The agreement provides $10,000,000 for district heating, within which the Department shall make grants to support capital construction costs of demonstration projects that deploy community district energy projects in association with a renewably fueled municipal generating station. The Department is reminded that biomass is a viable energy source for district energy and directs the Department to take that into consideration in its funding opportunity announcements The agreement provides $5,000,000 to continue technology development to convert lithium chloride from geothermal brine into lithium hydroxide that will inform the design of a commercial-scale facility that will both extract lithium from geothermal brine and convert the lithium in geothermal brine into the lithium hydroxide. Within available funds, the agreement provides $10,000,000 to continue the development of alternatives to fossil fuel- based process heating technologies for use in manufacturing, including technologies that could be used to reduce emissions from industrial drying processes. The agreement recognizes that meeting growing global demands for the use of more sustainable chemistry in consumer and commercial products has the potential to create significant economic opportunities for U.S. manufacturing that can be enhanced by ensuring that sustainability factors are considered in new chemicals development. Within available funds, $5,000,000 is provided for activities to support chemistry research and development. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after the enactment of this Act a report exploring how incorporating sustainable chemistry in consumer and commercial manufacturing processes fits within its research and development portfolio. The Department is directed to produce a report on the opportunities for technological development in the production of advanced Si-C anode materials for Li-on batteries and how the Department would promote integration of a domestic supply chain. The Department is directed to provide this report to the Committees on Appropriations of both Houses of Congress within 90 days after the enactment of this Act. The Department has not produced the national smart manufacturing plan directed in Public Law 115-244 and is directed to provide this plan to the Committees on Appropriations of both Houses of Congress not later than 60 days after the enactment of this Act. Building Technologies.--The agreement provides $40,000,000 for Residential Buildings Integration, $50,000,000 for Commercial Buildings Integration, $140,000,000 for Building Energy R&D, also known as Emerging Technologies, and not less than $55,000,000 for Equipment and Building Standards. Within funds for Equipment and Building Standards, not less than $10,000,000 is provided for Building Energy Codes. The Department is missing legal deadlines for over 25 energy efficiency standards mandated by Congress. The Department is directed to finalize these standards as soon as practicable and report to the Committees on Appropriations of both Houses of Congress not later than 30 days after the enactment of this Act on the status of each of these standards and any funding or staffing barriers to finalizing these standards. The agreement directs the Department to maintain existing transactive control research efforts and provides not less than $30,000,000 for building-grid integration research and development consistent with a transactive energy system and in coordination with the Office of Electricity transactive energy systems program, integration of renewable energy assets, such as photovoltaics, associated hardware and software development, and the establishment of a living- learning laboratory that integrates education for training of new and current professionals. Within available funds, $8,000,000 is provided to continue promoting regional demonstrations of new, utility-led, residential Connected Communities advancing smart grid systems. Further, within funds available for Building Energy R&D, the agreement provides not less than $18,000,000 for heating, ventilation, and air conditioning and refrigeration R&D, including sourced heat pumps, water heaters, and boilers. Within funds for Building Energy R&D, the agreement provides $14,000,000 for Building Envelope and $5,300,000 for Building Energy Modeling. The Department is encouraged to include field evaluation efforts in these programs. Further, the Department is encouraged to focus R&D efforts to address whole building energy performance and cost issues for air source heat pumps to inform efforts to advance electrification without compromising building energy performance. Within available funds, $25,000,000 is provided for solid- state lighting. If the Secretary finds solid-state lighting technology eligible for the Twenty-First Century Lamp prize, specified under section 655 of the Energy Independence and Security Act of 2007, $5,000,000 shall be made available to fund the prize or additional projects for solid-state lighting research and development. Within available funds, $5,000,000 is provided for novel earlier-stage research, development, and demonstration of technologies to advance energy efficient, high-rise Cross- Laminated Timber (CLT) building systems. The Department is directed to support university research in partnership with national labs, for developing, building, and evaluating CLT wall systems for embodied energy content, operating energy efficiency, wall moisture profiles, structural connector durability, and health monitoring systems. Within available funds, the agreement provides $10,000,000 for a competitive solicitation focused on the development and integration of energy efficient building techniques and technologies suitable for environments with extremely high or low temperatures. Priority shall be given to applicants with prior experience serving low-income residents living in extreme environments. The agreement provides $5,000,000 to continue to demonstrate the use of ice storage technology to enable load- shifting to offset electrical grid capacity peaks at lower costs than electrochemical storage at public-use buildings such as state office buildings, hospitals, and schools. The agreement supports continued innovative housing research that encourages the design, construction, and retrofitting of energy efficient, fire resistant, and resilient residential homes and commercial buildings, and encourages the Building America Program to prioritize funding for resiliency solutions that also meet the energy code and reach codes. The Department is encouraged to collaborate with national laboratories, industry, other agencies, community- based organizations, and local communities that are making notable progress in developing construction techniques, building materials, and building assemblies to address risks presented by wildfires. The Department is encouraged to continue to explore research and development that can advance future natural gas and propane [[Page H8368]] gas systems and appliances to meet consumer demand for high efficiency and environmentally friendly products. The agreement recommends continued research, development, and market transformation programs on energy efficiency efforts related to the direct use of natural gas and propane gas in residential applications, including gas heat pump heating with power generation and water heating, on-site combined heat and power, and gas appliance venting, and on site (micro) combined heat and power to include integration with renewables. Thermally driven heat pumps [THPs] offer the next generation of space conditioning and/or water heating for low-load buildings and have the potential to reduce greenhouse gas emissions by 40 percent or greater from a condensing gas efficiency baseline. Further work is needed to test and evaluate these technologies in the field. The Department is encouraged to establish a Thermal Heat Pump Consortium, led by a non-profit, to integrate and deploy new THP technologies in a joint industry partnership. The Department is directed to provide a briefing to the Committees on Appropriations of both Houses of Congress not later than 90 days after the enactment of this Act regarding the potential need for a consortium. Federal Energy Management Program.--The agreement provides $2,000,000 for the Performance-Based Contract National Resource Collaborative Initiative and reiterates House direction regarding a report. The agreement provides $11,000,000 for the Assisting Federal Facilities with Energy Conservation Technologies program. Weatherization and Intergovernmental Program.--The agreement provides $310,000,000 for Weatherization Assistance Grants, $5,000,000 for Training and Technical Assistance, and $62,500,000 for the State Energy Program. Within available funds, $500,000 is provided for technical assistance to continue the Sustainable Wastewater Infrastructure of the Future Accelerator. Within available funds, the agreement provides $1,000,000 for WAP grant recipients that have previously worked with the Department through the Weatherization Innovation Pilot Program to now implement and demonstrate programs to treat harmful substances, including vermiculite, at the state and regional level. The agreement provides $1,500,000 within funds for technical assistance to create a pilot that supports community and neighborhood scale weatherization, including the feasibility of integrating renewable and alternative energy infrastructure, and reiterates House direction on this matter and regarding a report. The Department is encouraged to work with all relevant stakeholders to identify efficiencies for delivering weatherization services and examine options to streamline policies and procedures when other funding sources are used, such as Low Income Home Energy Assistance Program (LIHEAP) funds in conjunction with funds from the Department. Further, a top priority shall be to provide federal funds in a timely manner to avoid any undue delay of services to eligible low- income households, and to encourage local high-impact energy efficiency and renewable energy initiatives and energy emergency preparedness. Similarly, it is important for states to provide funding to local weatherization implementers as quickly as appropriate, and for the local providers to implement projects as quickly as possible. The Department's continued participation in the interagency working group on Healthy Homes and Energy is appreciated, and the Department is encouraged to further coordinate with the Office of Lead Hazard Control and Healthy Homes on energy- related housing projects. The Department is directed to track the occurrence of window replacements, which supports the reduction of lead-based paint hazards in homes. Strategic Programs.--The agreement provides $3,000,000 for the Energy Transition Initiative to develop a cross-sector initiative alongside community-based organizations pursuing energy transition efforts that will address energy challenges, build capacity, accelerate the sharing of best practices and innovations between similarly-situated regions, and to leverage specialized, local expertise into commercial opportunity. The Department is directed to support community- based initiatives by partnering with community-based organizations and leverage the Department's previously developed tool to build cost-effective resilient energy infrastructure on island and remote communities. Facilities and Infrastructure.--The Department is directed to proceed with project engineering and design for the Energy Materials and Processing at Scale research capability at the National Renewable Energy laboratory. Not less than $6,000,000 is recommended for Other Project Costs and to commence Project Engineering and Design. Cybersecurity, Energy Security, and Emergency Response The agreement provides $156,000,000 for Cybersecurity, Energy Security, and Emergency Response. Additional direction related to Department-wide crosscutting initiatives is provided under the heading Crosscutting Initiatives in the front matter of Department of Energy. The Department is directed to collaborate with other federal agencies on cybersecurity efforts to ensure effective contributions to the overall success of the federal critical infrastructure security mission. The agreement places a high priority on ensuring the protection of the grid against cyberattacks and extreme weather events caused by climate change. Many different actors, governmental and private, play a role in preventing and responding to threats to the nation's energy infrastructure. The Department is expected to continue coordinating its efforts with all stakeholders to ensure the highest priority areas are being addressed effectively in its ongoing efforts to protect the grid. Grid security and resiliency are issues of paramount importance to national security. The nation continues to face global cybersecurity threats from nations such as Iran, Russia, and North Korea, which have launched documented cyberattacks against the country. U.S. electric grid infrastructure remains a top target, and the Department is encouraged to work with electric cooperatives, public utility districts, investor-owned utilities, and municipal utilities to plan and build out needed cybersecurity infrastructure. The agreement notes the use of an advanced cyber analytics tool currently utilized within the Department that maps classified and unclassified networks, and the Department is encouraged to consider this tool for other applications within the Department, as appropriate. The agreement notes support for the extension of cyber-risk information sharing tools to close remaining vulnerabilities in the distribution and transmission system. The Department is encouraged to continue existing work within ongoing programs and to invest in research addressing power system vulnerabilities in supply chain and life cycle management for critical power system components and advanced adaptive defensive methods for grid control systems. The agreement notes support for departmental initiatives focused on cybersecurity risk information-sharing and secure data anonymization and analysis for both operational and information technology components of equipment commonly utilized in both the bulk power system and distribution systems. The Department is encouraged to prioritize enrolling under-resourced electric utilities in such programs, particularly rural electric cooperatives and municipally- owned entities. Within available funds for Cybersecurity for Energy Delivery Systems (CEDS), the agreement provides $5,000,000 for Consequence-driven Cyber-informed Engineering. Within available funds for CEDS, the agreement provides $10,000,000 for the DarkNet project to explore opportunities for getting the nation's critical infrastructure off the internet and shielding the nation's electricity infrastructure from disruptive cyber penetration, including expansion of the communications network architecture and development of cutting-edge networking technologies. This effort shall be closely coordinated with the Office of Electricity. Within available funds for CEDS, the agreement provides $4,000,000 for university-based R&D of scalable cyber- physical platforms for resilient and secure electric power systems that are flexible, modular, self-healing, and autonomous. Within available funds for CEDS, the agreement provides up to $10,000,000 to establish a network of university-based, regional electric power cybersecurity centers. The centers should address interrelated research and development challenges of cybersecurity and critical energy infrastructure and develop a trained, globally competitive workforce. The centers should be distributed regionally across the country to leverage regional utilities, national laboratories, and regulatory bodies and consider the distinctive characteristics of each region's electricity system, network of infrastructure, and workforce expertise. Within available funds for CEDS, the agreement supports a pilot project to demonstrate cybersecurity best practices and collaborations in deploying and operating cybersecure electric vehicle charging facilities. Within available funds for Infrastructure Security and Energy Restoration, the agreement provides not less than $6,000,000 for the continued advancement of EAGLE-I to further develop energy sector situational awareness capabilities. The Department has refused to provide both factual and timely information or notification to the Committees on Appropriations of both Houses of Congress regarding the leasing of space for a Department of Energy Integrated Security Center, which has not been requested by the Administration in any prior budget request. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act a briefing to convey the purpose of this project and mission need; details regarding the lease, including length and cost of obligated and future funding needs; and current and future staffing plans. Electricity The agreement provides $211,720,000 for Electricity. Additional direction related to Department-wide crosscutting initiatives is provided under the heading Crosscutting Initiatives in the front matter of Department of Energy. The agreement supports planning and contingency analyses that address vulnerabilities in the North American energy system. This work will help to identify [[Page H8369]] transmission infrastructure investments, strategic uses and placement of energy storage systems, and other strategies to help mitigate risk and ensure the security and resilience of the grid. Within available funds for Transmission Reliability and Resilience, the agreement provides $5,000,000 for the Grid Research Integration and Demonstration Center to advance technologies in support of modernizing the electric delivery system and understanding the Nation's electricity infrastructure using real-time data. The agreement supports continued investment in advanced grid modeling algorithms and tool development to ensure resilient grid controls and protection systems that meet the challenges of the emerging smart grid. The fiscal year 2020 Act directed the Department to provide a report outlining the barriers and opportunities for technologies that provide increased, more efficient, or more effective delivery over the existing transmission network. The Department is directed to provide the report not later than 30 days after enactment of this Act. Within available funds for Resilient Distribution Systems, the Department is directed to continue efforts to support the integration of sensors into the nation's electric distribution systems, fundamental research and field validation of microgrid controllers and systems, and transactive energy concepts, including studies and evaluations of energy usage behavior in response to price signals. A high priority should be placed on addressing challenges that could compromise the electric power grid by developing the innovative technologies, tools, and techniques to modernize the distribution portion of the electricity delivery system. Further, the Department should continue to pursue strategic investments to improve reliability, resilience, outage, recovery, and operational efficiency, building upon previous and ongoing grid modernization efforts. In addition to emerging fuel technologies for distributed grids, the Department should evaluate fuels commonly available across the United States, such as propane and other diesel alternatives. The Department is directed to focus on identifying and addressing technical and regulatory barriers impeding grid integration of distributed energy systems to reduce energy costs and improve the resiliency and reliability of the electric grid and funds provided for the Advanced Grid Integration Division for these activities. The agreement supports advanced control concepts and open test beds for new distribution control tools for enhanced distribution system resilience. Within available funds for Resilient Distribution Systems, the agreement provides $10,000,000 for the COMMANDER (Coordinated Management of Microgrids and Networked Distributed Energy Resources) National Test Bed Laboratory to establish a data link for a back-up operations center that can benefit utility companies across the country and support the North American Energy Resilience Model. Within available funds for Resilient Distribution Systems, the agreement provides $5,000,000 for a demonstration project with the Department's Grid Sensors and Sensor Analytics program. The demonstration should include a focus on utilizing data from distribution utilities that have deployed advanced metering infrastructure. Within available funds for Energy Storage, the Department should continue to support development of an operational energy storage test facility capable of performance-driven data in a utility environment. The Department is encouraged to allocate resources to provide training and technical assistance to firefighters and code inspectors on battery storage, such as through scenario-based in-person or online training. The agreement is supportive of research for novel materials and system components to resolve key cost and performance challenges for electrochemical energy storage systems based on earth abundant advanced chemistries. In addition, the agreement supports continued materials research that will improve the understanding and predictability of energy storage systems and components, as well as enable safer and more reliable materials and systems to be developed. Within available funds for Energy Storage, the agreement provides not less than $5,000,000 for battery storage demonstration projects that are located in areas where grid capacity constraints result in curtailment of renewable generation; improve grid resilience for a public utility that is regularly affected by weather related natural disasters; and provide rate reduction and renewable energy benefits to businesses, farms, and residents in an economically-stressed rural area. Direct storage from solar generation may also be incorporated. With available funds for Energy Storage, the agreement provides for not less than one pilot energy storage project that demonstrates business model innovation targeted at cost- effective deployment through aggregation in rural electric cooperatives. The Department is encouraged to focus on reducing the soft costs of novel project design and optimization and developing legal and power purchase model agreements that can be replicated in cooperatives elsewhere in the nation, reducing future costs for deployment of energy storage projects. Within available funds for Transformer Resilience and Advanced Components, the Department is directed to continue to support research and development for advanced components and grid materials for low-cost power flow control devices, including both solid-state and hybrid concepts that use power electronics to control electromagnetic devices and enable improved controllability, flexibility, and resiliency. The Department is directed to support research and development to find safe and effective capture and reuse technologies, or safe and effective alternatives, for the use of sulfur hexafluoride in power generation and transmission equipment, including circuit breakers, switchgear, and gas insulated lines. Nuclear Energy The agreement provides $1,507,600,000 for Nuclear Energy. The agreement prioritizes funding for programs, projects, and activities that will ensure a strong future for nuclear power in the United States. The Department can and should play a more active role in supporting the revitalization of the U.S. nuclear industrial base. Without a clear vision and broad commitment across government and industry, nuclear power in the United States will become nonexistent. Additional direction related to Department-wide crosscutting initiatives is provided under the heading Crosscutting Initiatives in the front matter of Department of Energy. The agreement continues to include additional control points for fiscal year 2021, and the Department is directed to submit its fiscal year 2022 budget request using this budget structure. The Department, in consultation with the National Nuclear Security Administration, is directed to contract with the National Academy of Sciences (NAS) not later than 60 days after enactment of this Act to conduct a comprehensive, independent study on the non-proliferation and security risks and international safeguards challenges associated with advanced nuclear reactors and related fuel cycle technologies. The NAS shall convene a committee whose members have expertise in advanced nuclear reactors, nuclear non- proliferation and security, enrichment and reprocessing, and other areas of expertise that the NAS deems essential for completion of the study. The NAS committee's consensus study report shall also provide findings and recommendations that may consider policy options as long as the recommendations do not involve non-technical value judgments. The study shall include assessments of the proliferation implications of high-assay low-enriched uranium, uranium-plutonium mixed oxide fuel, and advanced fuel cycles that require separating plutonium from spent fuel. The study shall also address the extent to which advanced reactors and associated fuel cycle facilities, in their design and operations, support International Atomic Energy Agency safeguard activities, particularly those related to nuclear material accounting and control as well as containment, surveillance, monitoring, and timeliness of detection of diversion. Advanced reactor technologies shall include the designs under consideration by the Generation IV International Forum and by the Department and any related fuel cycle technologies. The study shall be submitted to the Committees on Appropriations of both Houses of Congress not later than 18 months after the Department and NAS enter into a contractual agreement. Integrated University Program.--The agreement notes the alarming statistics highlighting the severe shortage of highly trained nuclear specialists and the lack of academic programs to train and prepare individuals for work in the nuclear sector. The budget request again attempts to defund this program, despite continued success in developing highly qualified nuclear specialists to meet national needs. The agreement provides $5,000,000 to continue the Integrated University Program, which is critical to ensuring the nation's nuclear science and engineering workforce in future years. Nuclear Energy University Program (NEUP).--Since 2009, the Department has allocated up to 20 percent of funds appropriated to Nuclear Energy Research and Development programs to fund university-led R&D and university infrastructure projects through an open, competitive solicitation process using formally certified peer reviewers. The Department is directed to continue this practice, with not less than $40,000,000 for R&D activities to be performed at U.S. colleges and universities. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress quarterly briefings on the status of NEUP and the university work being funded. Supercritical Transformational Electric Power.--The agreement supports the collaborative efforts between the national laboratories and industry partners to develop test capabilities and validate grid-compatible supercritical carbon dioxide Brayton cycle systems by April 2021. Uranium Reserve.--The only direction regarding the Uranium Reserve is provided in the Weapons Activities account. nuclear energy enabling technologies Crosscutting Technology Development.--The agreement provides $5,000,000 for research collaborations between research universities and national laboratories utilizing existing capabilities and infrastructure focused on the benefits, as well as vulnerabilities of digital instrumentation for existing and future nuclear reactors, including the use of new approaches, such as predictive analytics, machine learning, and artificial intelligence, to improve reactor safety and performance and address cybersecurity issues. The agreement provides $5,000,000 for a new program to [[Page H8370]] strengthen the pipeline of new materials that can make the current fleet, as well as new advanced reactors, more resilient and more economically competitive. The agreement provides not less than $10,000,000 for hybrid integrated energy systems. Joint Modeling and Simulation Program.--Use and application of the codes and tools should be funded by the end user, not by the Joint Modeling and Simulation Program. Nuclear Science User Facilities.--The agreement provides not less than $10,000,000 for nuclear energy computation system and support and not less than $3,000,000 for Nuclear Materials Discovery and Qualification. The agreement provides $2,000,000 to begin preconceptual design of a secure, separate, and shielded beamline at the NSLS II at Brookhaven National Laboratory to examine radioactive materials. fuel cycle research and development Material Recovery and Waste Form Development.--The agreement provides not less than $10,000,000 for EBR-II Processing for HALEU and up to $10,000,000 to continue work on the ZIRCEX process to recover Highly Enriched Uranium from used naval fuel or unirradiated research reactor fuel. Accident Tolerant Fuels.--The agreement continues to place a high priority on this program and urges the Department to maintain focus and priority on achieving results in these efforts. The agreement provides not less than $55,600,000 to continue the participation of three industry-led teams in Phase 2B of the cost-shared research and development program; not less than $20,000,000 to support accident tolerant fuels development at the national laboratories and other facilities; not less than $15,000,000 for testing, code development, and licensing of higher-enriched and higher burnup fuels; and not less than $5,000,000 for further development of silicon carbide ceramic matrix composite fuel cladding for light water reactors. The agreement continues to place a high priority on this silicon carbide program and urges the Secretary to maintain focus and priority on modernization that provides maximum safety benefit. The agreement notes concern that funding for the industry-led portions of the Accident Tolerant Fuels program, and for the testing and development of higher-enriched and higher burnup fuels, is not being obligated by the Department in a timely manner. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress a briefing on its plan to allocate and obligate funds required in this Act and fiscal year 2020 and any negative schedule impacts caused by the delays in allocating or obligating funding. The Department is encouraged to evaluate accident tolerant fuel irradiation testing capability gaps resulting from the closure of the Halden reactor. TRISO Fuel and Graphite Qualification.--The agreement provides up to $6,000,000 to continue the transition of TRISO fuel to a multiple-producer market, ensuring that more than one industry source would be available to the commercial and government markets. Used Nuclear Fuel Disposition R&D.--The Department is directed to study the behavior of spent fuel under transportation conditions and opportunities to improve safety of spent fuel rods during transportation. Integrated Waste Management Systems.--The Department is directed to continue site preparation activities at stranded sites, to evaluate the re-initiation of regional transport, and undertake transportation coordination efforts. Additionally, it is noted that spent nuclear fuel is in many cases located in or near cities and Indian reservations. As the Department continues to plan for an integrated waste management system for our nation's spent nuclear fuel, the Department is encouraged to include planning for the removal of spent nuclear fuel from sites located near cities and Indian reservations. reactor concepts research and development Advanced Small Modular Reactor RD&D.--The agreement includes $115,000,000 for ongoing work to support regulatory development, design, and demonstration activities. Consistent with the budget request, no funds are provided for the Joint Use Modular Program. Light Water Reactor Sustainability.--The most cost- effective way for the United States to maintain low-cost, carbon-free electricity is to safely extend the lives of the nation's existing nuclear reactors from 60 to 80 years. Therefore, the agreement recommends additional funding above the budget request for this activity as a priority. The agreement provides $10,000,000 to support new or previously awarded hydrogen demonstration projects. Advanced Reactor Technologies.--The agreement provides $16,000,000 to support current and previously awarded Advanced Reactor Concepts industry agreements and not less than $15,000,000 for MW-scale reactor research and development. The Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a report outlining a strategy for siting a microreactor at an institution of higher education with existing infrastructure to support the reactor siting, perform fundamental research, test enabling technologies and cyber security solutions for grid integration, train the future workforce, and de-risk deployment for future private sector applications. versatile test reactor The Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act a plan for executing the Versatile Test Reactor project via a public-private partnership with an option for a payment-for-milestones approach. advanced reactor demonstration program The agreement provides $250,000,000 for the Advanced Reactor Demonstration Program. The agreement notes the importance of the deployment of advanced reactors to the nation's ability to regain its leadership in nuclear energy. In fiscal year 2020, Congress directed the Secretary to commence the Advanced Reactor Demonstration Program. The agreement strongly supports the Department's intent to move quickly on the solicitation and award of these demonstration programs, and the Department is directed to continue to streamline its procurement process and aggressively act to ensure implementation is not delayed. National Reactor Innovation Center.--The agreement provides up to $15,000,000 for capital design and pre-construction activities for demonstration reactor test bed preparation at Idaho National Laboratory supporting reactor demonstration activities. The Department shall submit a Construction Project Data Sheet for each such applicable project that is expected to exceed the minor construction threshold in future budget requests. idaho sitewide safeguards and security The agreement provides $12,000,000 for consolidated training facility at the Central Facilities Area. Fossil Energy Research and Development The agreement provides $750,000,000 for Fossil Energy Research and Development. Additional direction related to Department-wide crosscutting initiatives is provided under the heading Crosscutting Initiatives in the front matter of Department of Energy. The agreement provides no funds to plan, develop, implement, or pursue the consolidation or closure of any of the National Energy Technology Laboratory (NETL) sites. The agreement provides up to $4,000,000 for a demonstration project to show the increased viability of renewable liquefied petroleum gases. The Department is encouraged to develop educational partnerships focused on carbon capture and storage, methane capture and storage, and emission mitigation technologies. The Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a report detailing possible education partnerships in these areas. The agreement rejects the approach to only provide funds for early-stage research. Such restrictions would cripple innovation and development and would reduce the number of energy technologies adopted in the marketplace. The agreement provides not less than $5,000,000, and up to $15,000,000, for natural gas demand response pilot programs to be developed by gas utilities, state public utility commissions, and local distribution companies. The Department is encouraged to prioritize funding of pilots that have the potential to advance real-time deployment and testing of new technologies that could be used to design, implement, and monitor the effectiveness of natural gas demand response. The agreement provides not less than $40,000,000 for the research and development of negative emissions technologies, including not less than $15,000,000 for direct air capture. The agreement provides not less than $5,000,000 for integrated energy systems. The agreement notes the lack of commercially-viable carbon capture technology available for industrial manufacturers to significantly reduce emissions in a globally competitive manner. The Department was previously directed in the fiscal year 2020 Act to submit a report and provide a briefing to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment on the recommendations for program structures that could best support and maximize the impact of expanded research, development, and demonstration efforts in three areas: decarbonization of the industrial sector, direct air capture, and carbon use. The Department is directed to provide the briefing and report to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act. Further, the agreement supports research and development on industrial decarbonization and catalyzing industry-government research partnerships, including CCUS with an emphasis on reuse utilization within industry processes and materials; low-carbon fuels (e.g. hydrogen); transformative technology that will allow deep industrial decarbonization (including demonstration and deployment at scale); materials efficiency and circular economy; and carbon intensity definitions and labeling across key product groups. ccus and power systems The agreement recommends funding for the National Carbon Capture Center consistent with the cooperative agreement. The Department continues to be encouraged to establish university partnerships to support ongoing fossil energy programs, to promote [[Page H8371]] broader research into carbon capture, utilization, and storage technologies, and to expand its technology transfer efforts. The Department has previously funded several university-based CCUS projects and is encouraged to build on an established research base to support ongoing research and to address wider implementation of CCUS technologies. The Department is directed to use funds within CCUS and Power Systems for research and development across a broad range of technology and fuel applications as it determines to be merited. The Department is directed to increase public-private partnerships and natural gas-based carbon capture research program opportunities. The agreement supports funding for activities that promote the reuse of captured carbon dioxide from coal, natural gas, industrial facilities, direct air capture, and other sources for the production of fuels and other valuable products. The Department is directed to significantly advance carbon utilization activities over the next ten years with specific technology goals and milestones to ensure that the Department is using its resources in the most efficient manner. The purposes of the work should include improving the economics associated with domestic energy production, achieving optionality in carbon management, and further reducing emissions. The agreement supports the Department's existing cooperative agreements to develop cost-sharing partnerships to conduct basic, fundamental, and applied research that assist industry in developing, deploying, and commercializing efficient, low-carbon, nonpolluting energy technologies that could compete effectively in meeting requirements for clean fuels, chemical feedstocks, electricity, and water resources. The agreement reiterates the importance of adequate Federal support to promote design-related work and testing for a commercial scale, post-combustion carbon dioxide capture project on an existing coal-fueled generating unit as well as research, development and deployment of breakthrough technologies, including co-firing with agricultural and forest residue biomass to achieve net greenhouse gas emissions reductions. Within available funds for Carbon Capture, not less than $8,000,000 is for research and optimization of carbon capture technologies for use at industrial facilities and not less than $10,000,000 is for carbon capture research for natural gas power systems. The agreement provides not less than $15,000,000 for a new solicitation for FEED studies of commercial-scale carbon capture projects that generate carbon dioxide suitable for geologic storage, with at least two of these studies supporting projects at industrial facilities such as a steel or cement facility. Within available funds for Carbon Utilization, the agreement provides not less than $8,000,000 for a competitive solicitation to conduct tests of technologies for carbon dioxide absorption integrated with algae systems for capturing and reusing carbon dioxide to produce useful fuels and chemicals, giving priority for teams with university participants. Within available funds for Carbon Storage, the agreement provides not less than $20,000,000 to expand and continue the work of the Regional Carbon Sequestration Partnerships (RCSPs) and $30,000,000 for CarbonSAFE. The agreement supports the focus of the RCSPs on infrastructure development strategies that develop regionally relevant business models for implementation. The Department is directed to fully fund the CarbonSAFE projects selected in fiscal year 2020 and within remaining funds solicit proposals for additional CarbonSAFE projects. The Department is encouraged to recognize the importance of expanding regional geological characterization, collecting and analyzing data, and addressing regional monitoring, permitting, and policy challenges, as well as the value of this work in supporting broadscale commercial deployment efforts. Further, the Department is encouraged to facilitate development and deployment of monitoring technologies at carbon capture utilization and storage projects with considerable progress towards commercial implementation. The Department is encouraged to give attention to technologies that promise near realtime results or employ big data, machine learning, and artificial intelligence to better address issues such as leak detection, monetization of credits, and permit compliance. Within available funds for Advanced Energy Systems, the agreement provides $30,000,000 for Solid Oxide Fuel Cell (SOFC) systems for distributed and central power generation, electrolysis, SOFC combined heat and power, and storage applications. To ensure timely development of this important technology, which is cost-shared with industry, where applicable, not less than 75 percent of the total shall be allocated to the SOFC industry teams. Within available funds for Advanced Energy Systems, the agreement provides $27,000,000 for Advanced Turbines, and the Department is directed to use these funds for a research and development program to improve the efficiency of gas turbines used in power generation systems, working cooperatively with industry, universities, and other appropriate parties. Within available funds for Advanced Energy Systems, the agreement provides $30,000,000 for Advanced Coal Processing to support early-stage research and development to enable the conversion of coal pitch and coal to carbon fiber and other value-added products for alternative advanced uses of coal, of which not less than $10,000,000 is for utilizing coal as a precursor for high-value added products at the Carbon Fiber Technology Facility. The Department is encouraged to consider research and development to improve cost and efficiency of coal-to-fuels technology implementation and polygeneration. The agreement provides no direction with respect to the Coal FIRST Initiative. Within available funds for Cross Cutting Research, the agreement provides not less than $23,000,000 for the Department to continue its external agency activities to develop and test advanced separation technologies and accelerate the advancement of commercially viable technologies for the recovery of rare earth elements and minerals from U.S. coal and coal byproduct sources. The agreement supports research to support pilot-scale and experimental activities for near-term applications, which encompass the extraction and recovery of rare earth elements and minerals from conditionally-favorable U.S. coal and coal byproduct sources. The Department is encouraged to continue investments to accelerate the advancement of commercially- viable technologies for the recovery of rare earth elements and critical minerals from lignite, and the Department is expected to fund a more detailed assessment of lignite resources and to devise cost-effective methods of removing rare earths from lignite. Within available funds for Cross Cutting Research, the agreement provides $1,500,000 to accelerate development and deployment of wireless sensor systems for coal-fired power generation in order to improve generating efficiency, reduce emissions, and lower maintenance costs. Within available funds for Cross Cutting Research, the agreement provides $5,000,000 for the Advanced Energy Storage Initiative. The agreement provides no direction for plant optimization technologies or the Advanced Ultrasupercritical Program. Within available funds for STEP, the agreement supports efforts, consistent with the original scope of work, to complete the necessary design and construction of the 10-MW pilot and to conduct the necessary testing for the facility. There is concern about repeated cost overruns for the project, and the Department is directed to brief the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act on an updated scope and cost profile that incorporates all past, current, and potential future cost increases necessary to complete the project. The agreement also provides funds for competitively- awarded research and development activities, coordinated with the Offices of Nuclear Energy and Energy Efficiency and Renewable Energy, to advance the use of supercritical power cycles. natural gas technologies The agreement provides $25,000,000 for methane hydrate research; $13,000,000 for Emissions Mitigation from Midstream Infrastructure; $6,500,000 for Emissions Quantification from Natural Gas Infrastructure; and $12,000,000 for Environmentally Prudent Development, including $5,200,000 for the Risk Based Data Management System. The agreement notes there is belief that FracFocus should maintain its autonomy and not be incorporated into any federal agency. The Department is encouraged to perform a long-term methane hydrate production test in the Arctic, as proposed by the Methane Hydrate Advisory Committee's earlier recommendations (May 21, 2014). Further, within available funds for methane hydrate research, the agreement provides $5,000,000 for university research and field investigations in the Gulf of Mexico to confirm the nature, regional context, environmental impacts, and hydrocarbon system behavior of gas hydrate deposits. Within available funds for Emissions Mitigation from Midstream Infrastructure, the agreement recommends funds to support natural gas infrastructure research, including advanced materials and novel sensor technologies. The Department is encouraged to work with regional universities to evaluate ways to create or add value to natural gas liquids in the Bakken and potential for use in the region. The agreement notes the Department was previously directed in the fiscal year 2019 Act to submit to the Committees on Appropriations of both Houses of Congress not later than 18 months after the date of enactment a study on the potential for natural gas demand response across energy sectors geographic regions. The Department is encouraged to provide this report expeditiously. unconventional fossil energy technologies The agreement provides $20,000,000 for research that develops improved enhanced recovery technologies. In continuing with prior direction, the Department shall ensure these funds are awarded to universities and not-for-profit research organizations. The agreement provides not less than $19,000,000 for the Unconventional Field Test Sites. The agreement supports leveraging these field test sites to test methods for improving recoveries from the growing inventory of existing wells. The Department is encouraged to continue research focused on produced water management and beneficial re-use, and methane emissions (particularly flaring) capture and beneficial re-use. [[Page H8372]] The agreement provides not less than $4,000,000 for further research on multipronged approaches for characterizing the constituents of and managing the cleaning of water produced during the extraction of oil and natural gas, of which not less than $2,000,000 is provided to partner with research universities engaged in the study of characterizing, cleaning, treating, and managing produced water and who are willing to engage through public private partnerships with the energy industry to develop and assess commercially viable technology to achieve the same. The Department is encouraged to explore research and development for safe drilling and completion technologies that use no fresh water and can be deployed in horizontal wells. The Department was previously directed in the fiscal year 2020 Act to provide a report to the Committees on Appropriations of both houses of Congress that outlines the Department's efforts to maintain a stable petroleum engineering workforce and knowledge base, as well as future activities the Department can undertake to strengthen it. The Department is encouraged to submit the report expeditiously. national energy technology laboratory Within available funds for NETL Infrastructure, the Department is directed to prioritize funds for Joule, the Computational Science and Engineering Center, the Center for Artificial Intelligence and Machine Learning, the Advanced Alloy Development Facility, site-wide upgrades for safety, and addressing and avoiding deferred maintenance. Naval Petroleum and Oil Shale Reserves The agreement provides $13,006,000 for the operation of the Naval Petroleum and Oil Shale Reserves. Strategic Petroleum Reserve The agreement provides $188,000,000 for the Strategic Petroleum Reserve. The Department is directed to maintain 1,000,000 barrels of gasoline blendstock in the Northeast Gasoline Supply Reserve. No funding is requested for the establishment of a new regional petroleum product reserve, and no funding is provided for this purpose. Further, the Department may not establish any new regional petroleum product reserves unless funding for such a proposed regional petroleum product reserve is explicitly requested in advance in an annual budget request and approved by Congress in an appropriations Act. SPR Petroleum Account The agreement provides $1,000,000 for the SPR Petroleum Account to pay for the costs of certain statutorily-mandated crude oil sales. Northeast Home Heating Oil Reserve The agreement provides $6,500,000 for the Northeast Home Heating Oil Reserve. Energy Information Administration The agreement provides $126,800,000 for the Energy Information Administration. The agreement recognizes the importance of building energy information and the opportunity for better data collection presented by new technologies. The Department is encouraged to continue important data collection, analysis, and reporting activities on energy use and consumption, including the Commercial Buildings Energy Consumption Survey and the Residential Buildings Energy Consumption Survey. The Department is encouraged to upgrade the Commercial Buildings Energy Consumption Surveys to a real-time data collection system with rapid reporting of results, without compromising statistical validity or data security. The Department is also encouraged to collect additional data on light-emitting diode bulbs, commercial building codes, and electric transmission. The Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a report on how the Energy Information Agency can supply increased data regarding the electricity consumption and emissions for retail electricity suppliers, and for city, within city limits, served by an electric utility. The report shall also include the potential costs and benefits associated with the collection and dissemination of such data, and identification of major suppliers and cities where collection and dissemination of such data could be completed at a reduced level of effort and cost. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a report outlining resources necessary to further develop National Energy Modeling System capabilities to be able to simulate deep decarbonization scenarios, including economy-wide net-zero emissions policies. The Department is encouraged to work with stakeholders to explore gathering reasonably accurate data on the delivered generation resource mix and emissions rates for every load- serving entity as defined in 16 U.S.C. Sec. 824q(2). The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a recommendation to amend its data collection efforts and reflect progress as part of an annual report. Non-Defense Environmental Cleanup The agreement provides $319,200,000 for Non-Defense Environmental Cleanup. Small Sites.--The agreement provides $110,933,000 for Small Sites cleanup. Within this amount, $12,000,000 is for the Energy Technology Engineering Center, $11,000,000 is for Idaho National Laboratory, $30,100,000 is to continue work at Lawrence Berkeley National Laboratory, $47,833,000 is for Moab, and $10,000,000 is for excess Office of Science facilities. Energy Technology Engineering Center.--The Committee is pleased with the progress of building demolition, including the recent agreement between the Department and the State of California to demolish the remaining buildings on site. The Committee remains concerned about soil and groundwater remediation and encourages the parties to use the 2007 Consent Order and 2010 Administrative Order on Consent to enter negotiations on this topic. The Committee encourages the Department to continue working with the State of California on cleanup of the Site. The Department is directed to continue to act in accordance with applicable laws, orders, regulations, and agreements with the State of California. Mercury Storage.--The agreement provides $2,100,000 for mercury storage activities to comply with recent court actions and to revise its Fee Rule. The Department is directed to finalize the Fee Rule for mercury storage as expeditiously as possible and provide a monthly status update to the Committees on Appropriations of both Houses of Congress until the rule is finalized. Uranium Enrichment Decontamination and Decommissioning Fund The agreement provides $841,000,000 for activities funded from the Uranium Enrichment Decontamination and Decommissioning Fund. Within available funds, the agreement provides $134,701,000 for East Tennessee Technology Park to continue cleanup and demolition of all remaining facilities, including the K-1200 complex and the K-1600 complex, and to conduct remedial actions and site closure activities. Within funds available for Pensions and Community and Regulatory Support, the agreement provides an additional $10,000,000 above the budget request to ensure contractor pensions are adequately funded and up to an additional $2,219,000 for community support at Portsmouth. Science The agreement provides $7,026,000,000 for the Office of Science. Additional direction related to Department-wide crosscutting initiatives is provided under the heading Crosscutting Initiatives in the front matter of Department of Energy. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress a briefing that details all programs, projects, and activities to be funded in the Office of Science that are not directed by this recommendation or explicitly included in the fiscal year 2021 budget request. The plan shall be provided not later than 90 days after enactment of this Act. Artificial Intelligence and Machine Learning.--The agreement provides not less than $100,000,000 for Artificial Intelligence and Machine Learning capabilities across the Office of Science Programs. The Department is directed to apply those capabilities to the Office of Science's mission with a focus on accelerating scientific discovery in its Scientific User Facilities and large experiments. Biomedical Sciences.--The Department is encouraged to expand its relationships with the National Institutes of Health (NIH) in order to work together more strategically to leverage the Department's research capabilities, including instrumentation, materials, modeling and simulation, and data science. The agreement supports the budget request proposal of $1,000,000 for collaboration with NIH within the Department's data and computational mission space. Exascale Computing Initiative.--The agreement provides not less than $474,945,000 for exascale activities. Quantum Information Science.--The agreement provides not less than $245,000,000 for the Office of Science's coordinated and focused research program in quantum information science. Within these available funds, the agreement provides not less than $120,000,000 for research and $125,000,000 for five National Quantum Information Science Research Centers. To the greatest extent practical, this effort shall be undertaken in coordination with the National Science Foundation and the National Institute of Standards and Technology. Further, the Department is directed to collaborate with private sector stakeholders, the user community and interagency partners, to develop a roadmap to provide researchers access to quantum systems so as to enhance the U.S. quantum research enterprise, stimulate the fledgling U.S. quantum computing industry, educate the future quantum computing workforce, and accelerate advancement of quantum computer capabilities. The Department is directed to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on such a roadmap. Strategic Partnership Projects.--The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act a briefing inventorying all Strategic Partnership Projects that have not received payment sufficient to cover completed work and how the Department plans to recoup any insufficient payments. This is the only direction related to Strategic Partnership Projects. [[Page H8373]] Distinguished Scientist Program.--The agreement provides $4,000,000 to support the Department's Distinguished Scientist Program. Negative Emissions Technology.--The agreement provides not less than $22,500,000 in Basic Energy Sciences and Biological and Environmental Research for research and development of negative emissions technologies, including not less than $7,500,000 for direct air capture. The Office of Science is directed to continue to collaborate with the Office of Fossil Energy and the Office of Energy Efficiency and Renewable Energy to support research, development, and demonstration projects to advance the development and commercialization of carbon removal technologies on a significant scale. advanced scientific computing research The agreement supports ASCR's leadership in emerging areas relevant to the Department's mission, including artificial intelligence and quantum information science. The agreement supports ASCR's pursuit of machine learning tools for scientific applications and its support for the development of algorithms for future deployable quantum computers. The agreement recognizes that a robust research program in applied and computational mathematics and computer science will be critical to continued progress in these areas and is supportive of the Department's efforts to prioritize these programs. High Performance Computing and Network Facilities.--The agreement provides not less than $150,000,000 for the Argonne Leadership Computing Facility, not less than $225,000,000 for the Oak Ridge Leadership Computing Facility, not less than $110,000,000 for the National Energy Research Scientific Computing Center, and $90,000,000 for ESnet. Mathematical, Computational, and Computer Sciences Research.--The agreement provides not less than $250,000,000 for Mathematical, Computational, and Computer Sciences Research, including not less than $10,000,000 for the Computational Science Graduate Fellowship program. The agreement provides up to $40,000,000 for the development of Al-optimized emerging memory technology for Al-specialized hardware to drive national competitiveness. basic energy sciences The agreement provides $24,088,000 for the Batteries and Energy Storage Innovation Hub, $20,000,000 for the Fuels from Sunlight Energy Innovation Hub, and $115,000,000 for the Energy Frontier Research Centers. The agreement supports the EPSCoR program and its goals of broadening participation in sustainable and competitive basic energy research in eligible jurisdictions. The Department is directed to continue annual or at minimum, biennial implementation grant solicitations for the EPSCoR program. The agreement provides not less than $525,000,000 for facilities operations of the nation's light sources, not less than $292,000,000 for facilities operations of the high flux neutron sources, and not less than $139,000,000 for facilities operations of the Nanoscale Science Research Centers (NSRCs). The agreement provides not less than $19,000,000 for other project costs, including $3,000,000 for Proton Power Upgrade, $2,000,000 for Linac Coherent Light Source-II HE, $13,000,000 for Second Target Station, and $1,000,000 for Cryomodule Repair & Maintenance Facility. The agreement provides not less than $5,000,000 for NSRC Recapitalization and not less than $5,500,000 for NSLS-II Experimental Tools-II. The agreement provides $26,000,000 for exascale systems. The Department is directed to continue supporting the construction of additional beamlines in future budget requests so the nation's scientists can more fully leverage the investment that has been made in the NSLS II while it is the most powerful X-Ray light source in the nation. The Department is encouraged to explore opportunities to develop an autonomous chemistry and materials synthesis platform. The capabilities will leverage advances in artificial intelligence to enable greater efficiencies and scientific throughput, leading to significant reduction of the total time and cost in novel materials discovery and innovation. The Department is encouraged to continue funding to support research and development needs of graduate and postgraduate science programs at Historically Black Colleges and Universities. biological and environmental research The agreement provides not less than $390,000,000 for Biological Systems Science and not less than $350,000,000 for Earth and Environmental Systems Sciences. The Department is directed to maintain Genomic Science as a top priority, and the agreement provides not less than $100,000,000 for Foundational Genomics Research and not less than $100,000,000 for the Bioenergy Research Centers. The agreement provides not less than $42,000,000 for Biomolecular Characterization and Imaging Science and not less than $80,000,000 for the Joint Genome Institute. Within available funds for Biomolecular Characterization and Imaging Science, the agreement provides $15,000,000 to continue the development of a multi-scale genes-to ecosystems approach that supports a predictive understanding of gene functions and how they scale with complex biological and environmental systems. The agreement supports the Department's establishment of a national microbiome database collaborative. The agreement provides not less than $5,000,000 for low- dose radiation research. The Department is directed to work through the multi-agency sub-working group to develop the proper role and direction for the Department in future low- dose radiation research. The agreement provides not less than $78,000,000 for Environmental System Science, of which not less than $10,000,000 is for Next Generation Ecosystem Experiments Arctic; $8,300,000 is for the Spruce and Peatland Responses Under Changing Environments field site; $5,000,000 is to initiate planning and pilot studies for new Terrestrial Ecosystem Science manipulation experiments; $7,000,000 is for Next Generation Ecosystem Experiments Tropics; $5,100,000 is for AmeriFLUX Long-Term Earth System Observations; not less than $3,500,000 is to support ongoing research and discovery related to mercury biogeochemical transformations in the environment; and $6,800,000 is for Watershed Function Science Focus Area. The agreement provides $15,000,000 for cloud-aerosol research and computing. The recommendation includes $30,000,000 for ongoing efforts to develop observational assets and associated research to study the nation's major land-water interfaces, including the Great Lakes and the Puget Sound, that leverages national laboratories' assets as well as local infrastructure and expertise at universities and other research institutions. The Department is encouraged to continue to support the River Corridor Science Focus Area. The Department is encouraged to develop an integrated mountainous hydrology focus, which extends observations and models and leverages collaborations supported by other Federal agencies. The Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a report that outlines the activities previously conducted under the Energy-Water Nexus across the Department, which activities have continued, which activities ended, and an explanation for the termination of each activity that ended. The Department is directed to coordinate all energy-water nexus activities across the Offices of Energy Efficiency and Renewable Energy, Electricity, Fossil Energy, Nuclear Energy, Science, and any other relevant program offices. The agreement provides up to $6,000,000 to advance biological and environmental capabilities through the development and prototyping of fabricated ecosystems and sensors that enable interrogation of biological-environmental interactions across molecular to ecosystem-relevant scales under controlled laboratory conditions. The agreement provides $15,000,000 to support the exascale computing initiative. The Department is directed to enhance investments in machine learning to advance the use of diverse and increasingly autonomous datasets to understand environmental and climate dynamics; rapidly incorporate datasets into predictive watershed, ecosystem, and climate models; and project the onset of and track extreme events, such as atmospheric rivers and hurricanes. The Department is encouraged to increase its funding for academia to perform independent evaluations of climate models using existing data sets and peer-reviewed publications of climate-scale processes to determine various models' ability to reproduce the actual climate. The Department is encouraged to establish an Earth System Grid Federation node for Arctic climate data. Given the clear synergies and overlap of missions, the Department is encouraged to increase collaboration with the National Oceanic and Atmospheric Administration (NOAA) in its climate research and modeling efforts. fusion energy sciences The agreement provides not less than $20,000,000 for the High-Energy-Density Laboratory Plasmas program to support initiatives in quantum information science, advance cutting- edge research in extreme states of matter, expand the capabilities of the LaserNetUS facilities, and provide initial investments in new intense, ultrafast laser technologies needed to retain U.S. leadership in these fields. To maintain U.S. leadership in intense, ultrafast lasers, the Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a report describing the Department's plans to respond to the recommendations of the Brightest Light Initiative Workshop Report, including facility investments and improvements needed to advance laser science technology and applications. The agreement provides $65,000,000 for NSTX-U operations and not less than $21,000,000 for the Materials Plasma Exposure eXperiment. The Department is encouraged to support optimal facility operations levels for DIII-D. The agreement provides $4,000,000 for the Innovation Network for Fusion Energy (INFUSE) research and development program. The Fusion Energy Sciences Advisory Committee was previously directed to give full consideration to the establishment of a cost-share program for reactor technologies as part of the ongoing long-range strategic planning activity. The Department is encouraged to take into account the long-range strategic plan when developing future budget requests. The agreement provides $242,000,000 for the U.S. contribution to the ITER project, of [[Page H8374]] which $60,000,000 is for in-cash contributions. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act the performance baseline for the entire project, including an updated baseline for Subproject 1 and a baseline for Subproject 2. high energy physics The agreement provides not less than $30,000,000 for the Sanford Underground Research Facility; $16,000,000 for the Facility for Advanced Accelerator Experimental Tests-II; not less than $6,000,000 for Cosmic Microwave Background-Stage 4; $12,000,000 for the Dark Energy Spectroscope Instrument; $6,000,000 for Lux Zeplin; and not less than $18,500,000 for Vera C. Rubin Observatory operations. The agreement provides no direction for the HL-LHC Upgrade projects. The agreement supports activities toward the completion of the Large Synoptic Survey Telescope and Super Cryogenic Dark Matter Search projects. The agreement notes the longstanding planning and contributions of resources by partner organizations with respect to data management on the Vera C. Rubin Observatory. The Department is directed to employ the computational expertise and existing capabilities in data management of the Vera C. Rubin Observatory, potentially in partnership with the national laboratories, to ensure the successful operation of this project and access for the broad research community. The Department is directed to brief the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act on the status of the project, including plans for management of the data facility. The Department is strongly urged to maintain a balanced portfolio of small-, medium-, and large-scale experiments and to ensure adequate funding for research performed at universities and the national laboratories. The Department is encouraged to fund facility operations at levels for optimal operations. nuclear physics The Department is directed to give priority to optimizing operations for all Nuclear Physics user facilities. The agreement provides not less than $6,600,000 for the Gamma-Ray Energy Tracking Array, $5,530,000 for sPHENIX, not less than $5,000,000 for MOLLER, not less than $1,400,000 for Ton-Scale Neutrino-less Double Beta Decay, not less than $17,000,000 for the Electron Ion Collider, not less than $3,000,000 for the High Rigidity Spectrometer, and $3,000,000 for the U.S. Stable Isotope Production and Research Center. The agreement supports activities toward the completion of the Muon to Electron Conversion Experiment. The agreement provides not less than $1,000,000 to establish a traineeship program for students to develop the future workforce of radioisotope production. Further, the Department is directed to provide a plan to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act to develop a consortium of research universities to apply advanced manufacturing techniques to radioisotope production, including automation, digitalization, artificial intelligence, fabrication, and state-of-the-art characterization instrumentation. This is the only direction related to a consortium of research universities to apply advanced manufacturing techniques to radioisotope production. workforce development for teachers and scientists The agreement provides $29,000,000 for Workforce Development for Teachers and Scientists. Within available funds, the agreement provides $13,800,000 for Science Undergraduate Laboratory Internships, $1,900,000 for Community College Internships, $4,600,000 for the Graduate Student Research Program, $1,800,000 for the Visiting Faculty Program, $1,200,000 for the Albert Einstein Distinguished Educator Fellowship, $2,900,000 for the National Science Bowl, $700,000 for Technology Development and Online Application, $600,000 for Evaluation Studies, and $1,500,000 for Outreach. The Department is directed to widely publicize its opportunities and diversify the applicant pool, with an emphasis on targeted recruitment of individuals traditionally underrepresented in STEM. Further, the Department was previously directed in the fiscal year 2020 Act to provide to the Committees on Appropriations of both Houses of Congress a report on the how the Office of Science plans to comply with Executive Order 13853 to develop a pipeline to meet future needs in trade craft requirements and workforce development in coordination with the national laboratories. The Department is encouraged to submit the report expeditiously. Within available funds for Outreach, the Department is directed to establish a working group comprised of the Office of Science and national laboratories and a consortium of universities to assist universities in the development of a curriculum to promote the next generation of scientists utilizing artificial intelligence, quantum information science, and machine learning. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a report and briefing on a plan to meet universities' educational curriculum needs to support this future scientific workforce. science laboratories infrastructure In future budget requests, the Office of Science is directed to work with the Office of Nuclear Energy to demonstrate a commitment to operations and maintenance of nuclear facilities at Oak Ridge National Laboratory that supports multiple critical missions. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a briefing on the funding levels required for operations and maintenance of Oak Ridge National Laboratory nuclear facilities. Within available funds for General Plant Projects, the Department is directed to prioritize projects related to power resilience. Nuclear Waste Disposal The agreement provides $27,500,000 for Nuclear Waste Disposal, of which $20,000,000 is for interim storage and $7,500,000 is for Nuclear Waste Fund oversight activities. Advanced Research Projects Agency--Energy The agreement provides $427,000,000 for the Advanced Research Projects Agency--Energy. Title 17 Innovative Technology Loan Guarantee Program (including rescissions of funds) The agreement provides $32,000,000 in administrative expenses for the Loan Guarantee Program. The proposed funding level is offset by $3,000,000 in estimated collections from loan guarantee applicants, for a net appropriation of $29,000,000. As provided in 42 U.S.C. 16511, the Secretary may make guarantees under this section only for projects that avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases and employ new or significantly improved technologies as compared to commercial technologies in service in the United States upon issuance of the loan guarantee. The agreement includes a rescission of $392,000,000 of emergency balances. Advanced Technology Vehicles Manufacturing Loan Program (including rescissions of funds) The agreement provides $5,000,000 for the Advanced Technology Vehicles Manufacturing Loan Program. The agreement directs the Department to expeditiously evaluate and adjudicate all loan applications received. The agreement further directs the Department to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a briefing that includes a status update on each loan application received. The agreement includes a rescission of $1,908,000,000 of emergency balances. Tribal Energy Loan Guarantee Program The agreement provides $2,000,000 for the Tribal Energy Loan Guarantee Program. The Department is encouraged to take formal steps to market this program and ensure the program's availability, benefits, and application process are made known to potential applicants who are ready to seek financing. Office of Indian Energy Policy and Programs The agreement provides $22,000,000 for the Office of Indian Energy Policy and Programs. The agreement supports the efforts to utilize local subject matter experts to assist Indian Tribes and Alaska Native villages in developing energy projects and providing support for energy planning. The Department is encouraged to use its cost share waiver authority under section 988 of the Energy Policy Act of 2005 when applicable. The Office of Indian Energy is directed to design funding opportunity announcements that do not exclude Tribes based on land ownership structures. Departmental Administration The agreement provides $166,000,000 for Departmental Administration. Control Points.--The agreement includes eight reprogramming control points in this account to provide flexibility in the management of support functions. The Other Departmental Administration activities include Management, Project Management Oversight and Assessments, Chief Human Capital Officer, Office of Technology Transitions, Office of Small and Disadvantaged Business Utilization, General Counsel, Office of Policy, and Public Affairs. The Department is directed to continue to submit a budget request that proposes a separate funding level for each of these activities. Office of the Secretary--Program Direction.--The agreement provides $5,582,000 for program direction and directs the Department to develop a research agenda related to arctic energy, including Counter-Unmanned Aircraft System technologies, and to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after the enactment of this Act on this agenda. This is the only direction related to the Office of the Secretary. International Affairs.--Within available funds for International Affairs, the agreement includes $2,000,000 for the Israel Binational Industrial Research and Development (BIRD) Foundation and $4,000,000 to continue the U.S.-Israel Center of Excellence in Energy Engineering and Water Technology. Chief Information Officer.--The agreement provides $140,200,000 for Department-wide information technology and cybersecurity efforts. Within this amount, not less than [[Page H8375]] $71,800,000 shall be for cybersecurity and secure information. The agreement includes $2,000,000 to continue implementation of the 21st Century IDEA (Public Law 15-336). Consistent with previous direction in the Senate Report for fiscal year 2020, the Department is directed to continue to implement the CIO Business Operations Support Services (CBOSS) program to maximize meeting the multiple mission requirements and support the Department's critical cybersecurity mission. Artificial Intelligence and Technology Office.--The agreement provides $2,500,000 for personnel expenses related to coordination of artificial intelligence and technology activities and does not provide funding for programmatic purposes. The Department is directed to continue programmatic activities regarding artificial intelligence and machine learning related to the Department's mission through the appropriate program offices, and the Secretary is directed to lead coordination of all program offices across the Department. No further direction is provided. Economic Impact and Diversity.--The agreement provides $10,169,000 for Economic Impact and Diversity and reiterates House direction regarding a STEM reporting requirement. Other Departmental Administration.--The agreement provides $5,000,000 above the budget request for the Office of Technology Transitions for a competitive funding opportunity for incubators supporting energy innovation clusters, with requirements as outlined in the House report. The agreement reiterates House direction regarding a reporting requirement on the value of creating a nonprofit foundation. The agreement provides $1,700,000 within available funds for the Office of Policy to complete a U.S. energy employment report, with requirements as outlined in the House report. The Department is directed to produce and release this report annually. The agreement provides $24,918,000 for the Chief Human Capital Officer, $35,000,000 for the Office of General Counsel, and $7,000,000 for the Office of Policy. The agreement includes $13,000,000 for Project Management Oversight and Assessments and reiterates House direction regarding addressing GAO's high-risk concerns. Office of the Inspector General The agreement provides $57,739,000 for the Office of the Inspector General. The Department is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act a five- year staffing and program plan necessary to achieve its audit, inspection, and investigative mission. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION The agreement provides $19,732,200,000 for the National Nuclear Security Administration (NNSA). The agreement includes funding for recapitalization of the nuclear weapons infrastructure, while modernizing and maintaining the nuclear deterrent without the need for underground testing. Recapitalizing the nuclear security enterprise is among our most important national security priorities. The NNSA Act clearly lays out the functions of the NNSA and gives the Administrator authority over, and responsibility for, those functions. The agreement again directs that no funds shall be used to reorganize, re-classify, or study combining any of those functions with the Department. Coordination between the Department of Energy and the Department of Defense is critical given the joint responsibilities for the nation's nuclear deterrent. Section 179 of title 10 of the United States Code provides a framework for coordination, including budget request development, between the departments using the Nuclear Weapons Council while recognizing the Department of Energy's independence in developing its budget request. The agreement supports this longstanding framework and encourages the Department to assess opportunities to improve coordination as appropriate. Further, the agreement strongly encourages better coordination between the Department and the National Nuclear Security Administration during its budget formulation process. Project Management.--Concerns remain with NNSA's ability to properly estimate costs and timelines for large projects. The NNSA is encouraged to assess current performance on projects costing more than $750,000,000, and to make appropriate project management changes. The agreement further encourages the NNSA to identify problems in cost and schedule estimates early, and to provide updated information to the Committees on Appropriations of both Houses of Congress in a timely manner. Integrated University Program.--The Secretary is directed to carry out the requirements of the Integrated University Program in support of university research and development in areas relevant to the NNSA's mission. Within available funds, the agreement provides not less than $5,000,000 for the Integrated University Program to cultivate the next generation of leaders in nonproliferation, nuclear security, and international security. The Department is directed to request funding for this program in future budget years. Funding for this program shall not come from prior year funds. The NNSA is directed to provide a report annually with the budget request that lists all the university programs requested, the recommended funding level, and the value that program provides the NNSA. Weapons Activities The agreement provides $15,345,000,000 for Weapons Activities. The agreement reiterates House direction regarding an Integrated Priorities Report. The agreement reiterates House direction regarding the Joint Nuclear Weapons Lifecycle Process. The agreement reiterates direction included in the fiscal year 2020 Act concerning external peer review of non-nuclear components and subsystems. The agreement reiterates House direction regarding a briefing on domestic uranium enrichment. A separate control point is included for HEU downblending. W93 Modernization Activity.--The agreement includes funding for the initial studies to evaluate the W93 warhead. Prior to obligating funds, the NNSA, in coordination with the Department of Defense as necessary, shall brief the Committees on Appropriations of both Houses of Congress on the NNSA's plan to study and conduct the Phase 1 Concept Assessment. The plan shall include a timeline with projected milestones for completion. The NNSA shall ensure the Committees are apprised in a transparent and timely manner regarding the status of this activity. Upon completion of Phase 1 and prior to entering Phase 2, the NNSA shall brief the Committees on Appropriations of both Houses of Congress on the results of Phase I Concept Assessment. The W93 program provides a unique opportunity to influence the way the stockpile is managed in the future. The schedule for the Life Extension Programs (LEPs) currently underway is largely driven by obsolescence and the material condition of the warheads, which has created a bow wave with limited flexibility. The NNSA is encouraged to consider overall lifecycle costs and sustainment requirements for the warhead upfront and is directed to brief the Committees on Appropriations of both Houses of Congress quarterly on these efforts. The agreement also directs the NNSA to conduct an analysis of alternatives that specifically addresses ways of meeting design and manufacturing needs of allies that accounts for work completed as part of recent and ongoing LEPs and Alterations and to provide the analysis of alternatives not later than 180 days after enactment of this Act. B83 Sustainment.--The agreement provides not more than $30,795,000 and directs the NNSA to ensure the Committees on Appropriations of both Houses of Congress receive periodic and timely briefings concerning the status of sustainment efforts. Concerns persist about the feasibility of maintaining the B83-1 in the stockpile without deferring key maintenance activities and at reduced funding levels. At the same time, there is concern that the continued retention of the B83-1 may necessitate eventual modifications to the warhead. Such modifications would compete for resources with other ongoing and planned nuclear weapons modernization and development efforts. Accordingly, the agreement directs NNSA, with the assistance of the Nuclear Weapons Council (NWC) if necessary, to report to the Committees on Appropriations of both Houses of Congress not later than 90 days of enactment of this Act on the following: current surveillance findings regarding the B83-1, to include the results of the past three annual assessments and any identified limitations of the weapon; the estimated cost to maintain the B83-1 beyond its originally planned retirement date and a discussion of potential schedule impacts to other weapons programs; a discussion of suitable replacements that the NWC has considered for the B83-1, to include the B61-12s or the B61- 11s soon to be or already in the stockpile, as well as missile warheads. The agreement further directs that NNSA submit the report to the Comptroller General at the same time that it submits it to the Committees on Appropriations of both Houses of Congress, and that the Government Accountability Office review the report and brief the Committees on its observations not later than 90 days after receipt. Production Modernization.--The agreement reiterates House direction regarding sustaining beryllium and graphite capabilities. The agreement reiterates House direction to establish a Center of Excellence. Plutonium Pit Production.--The agreement reiterates House direction regarding plutonium pit production and clarifies that the plan to complete a resource-loaded integrated master schedule shall include all pit production-related project and program activities that shall provide additional details within high-level milestones for projects based on GAO best practices. The NNSA is directed to continue to provide a clear breakout of costs for activities in future budget requests and to include in future budget requests a breakdown of manpower needs for pit production and all support functions. The agreement includes not less than $7,000,000 for workforce development and training for Historically Black Colleges and Universities, Hispanic Serving Institutions, and Tribal Colleges and Universities in South Carolina and New Mexico to support pit production. The agreement also includes $8,000,000 for next-generation machining and assembly technology development for high volume pit production. Pit and Plutonium Aging.--There is concern with the apparent lack of focus on advancing knowledge regarding pit and plutonium aging since the JASONs conducted its first [[Page H8376]] study in 2006. Given the future needs of the nation's nuclear deterrent, a robust program of research and experimentation is needed. Therefore, NNSA is directed to develop a comprehensive, integrated ten-year research program for pit and plutonium aging that represents a consensus program among the national laboratories and federal sponsors. Such a plan shall include estimated cost of ongoing research, new or upgraded capability needs, and key near-, mid-, and long- range milestones. The plan shall be submitted to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act. Purified Uranium.--Concerns persist that the NNSA's current plan is ahead of need and may not be the most efficient course of action. The agreement directs the NNSA to perform a business case analysis to include the capabilities of the national laboratories and plants to confirm the best value source is being used and to continue efforts to mature and deploy direct electrolytic reduction technology. Science.--Within amounts for Academic Alliances, $5,000,000 shall be for Tribal Colleges and Universities and $35,000,000 shall be for the Minority Serving Institutions and Partnership Program. The agreement encourages continued research in High Energy Density Plasmas and recognizes the partnerships between laboratories and research universities to address the critical need for skilled graduates to replace an aging workforce at NNSA laboratories. The agreement provides $8,700,000 for the Joint Program in High Energy Density Laboratory Plasmas in Academic Programs. Enhanced Capabilities for Subcritical Experiments.--In lieu of House direction, the agreement directs the NNSA to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after enactment of this Act on the status of the updated performance baseline and a contingency plan if ECSE is not completed on the current schedule. Inertial Confinement Fusion and High Yield.--Within available funds, not less than $349,000,000 is for the National Ignition Facility, not less than $82,000,000 is for OMEGA, not less than $66,900,000 is for the Z Facility, and not less than $6,000,000 is for the NIKE Laser at the Naval Research Laboratory. To help address target procurement issues, the agreement directs not less than $31,000,000 is to be provided by the NNSA to target vendors for target research, development, and fabrication to cost-effectively operate the NIF, Z, and OMEGA Facilities. Advanced Simulation and Computing.--Within funds provided for Advanced Simulation and Computing, $25,000,000 shall be for research in, leading to the development of, memory technologies that will drive 40X performance gains beyond that achieved by exascale computing systems for critical mission applications. The Department is directed to brief the Committees on Appropriations of both Houses of Congress not later than 90 days after the enactment of this Act detailing how this money will be spent. Stockpile Responsiveness Program.--The agreement reiterates House direction on this program. Weapons Technology and Manufacturing Maturation.--The agreement provides $10,000,000 within Advanced Manufacturing Development to improve manufacturing and safety. Partnerships with the Office of Science.--The NNSA is strongly encouraged to develop additional partnerships with the Office of Science to utilize the Advanced Photon Source (APS) and Linac Coherent Light Source (LCLS) x-ray light sources. The NNSA is directed to brief the Committees on Appropriations of both Houses of Congress not later than 90 days of enactment of this Act on its plans to work with the Office of Science to incorporate additional capabilities in the planned upgrades at LCLS and APS that will address NNSA mission needs to interrogate the behavior of materials at length and timescales necessary to study materials aging and modern manufacturing methods. Uranium Reserve.--In lieu of all direction on the Uranium Reserve program, the agreement provides $75,000,000 in the Weapons Activities account. NNSA is directed to coordinate with and support the Office of Nuclear Energy in the development and implementation of the program. Further, the Department is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 30 days after enactment of this Act a plan for the proposed establishment of a uranium reserve. The plan shall include the legal authorities in place or needed to establish and operate a uranium reserve, including the purchase, conversion, and sale of uranium; a ten-year implementation plan of the activities for establishment and operations of a uranium reserve; and a ten-year cost estimate. The plan shall also include recommendations for ways to consolidate this program with other existing uranium management activities within the Department to create efficiencies. Infrastructure & Operations.--The NNSA is directed to proceed with early planning to reach CD-1 for the Heterogeneous Integration Facility and to keep the Committees on Appropriations of both Houses of Congress informed of any delays or additional funding requirements to meet CD-1. The agreement includes direction for NNSA's Office of Nuclear Materials Integration to develop a plan and cost estimate to establish an analytical testing lab in partnership with NNSS. The agreement recognizes that trusted microelectronics are a national security priority and continues to support plans to upgrade the capability for producing trusted and strategic radiation-hardened microelectronics to ensure the safety, security, reliability, and effectiveness of the nation's nuclear deterrent. Defense Nuclear Security.--The NNSA is encouraged to complete CD-1 and proceed expeditiously to construction for Project 17--D-710, West End Protected Area Reduction, Y-12. Defense Nuclear Nonproliferation The agreement provides $2,260,000,000 for Defense Nuclear Nonproliferation. The agreement provides not less than $5,000,000 for research and engagement on applications of nuclear security, safeguards, and export controls for advanced nuclear reactor designs. The Committee directs NNSA to cooperate and support the Office of Nuclear Energy in developing safeguards concepts, policies, and technologies to address the proliferation challenges unique to advanced nuclear reactors. Further, NNSA shall work with the Nuclear Regulatory Commission and the national laboratories and industry to ensure the implementation of ``safeguards-by-design'' features in advanced nuclear reactors. Domestic Radiological Security.--Within available funds, not less than $65,000,000 is for the Cesium Irradiator Replacement Program. Within this amount, $30 million is to address recovery and decontamination efforts associated with the container breach and release of material in Seattle, Washington on May 2, 2019. Within available funds, the agreement encourages the Y-12 National Security Complex's Nuclear and Radiological Field Training Center to partner with interested State or local governments to improve capabilities to train first responders, National Guard specialized units, and other experts in nuclear operations, safeguards, cyber, and emergency operations. Material Management and Minimization.--Within amounts for Laboratory and Partnership Support, $50,000,000 is for the competitively-awarded funding opportunity to expedite the establishment of a stable domestic source of Mo-99 without the use of highly enriched uranium that was directed in the Energy and Water Development and Related Agencies Appropriations Act, 2020, and $10,000,000 is to facilitate interactions between the national laboratories, production facilities, and the private sector in this area. The agreement reiterates House direction regarding a plan on Mo- 99. DNN R&D.--The agreement includes $15,000,000 for University Consortia and Nonproliferation Steward. The agreement includes House direction regarding evaluating a nuclear materials processing testbed. Funding is provided above the request to advance U.S. capabilities to detect and characterize low yield and evasive underground nuclear explosions and weaponization activities. Naval Reactors (including transfer of funds) The agreement provides $1,684,000,000 for Naval Reactors. The agreement fully funds important national priorities, including the Columbia-class replacement submarine design, the prototype refueling, and the Spent Fuel Handling Recapitalization Project. Naval Reactors currently relies on highly enriched uranium from weapons that have been removed from the stockpile to fuel the Navy's aircraft carriers and submarines. Naval Reactors is encouraged to continue working with the NNSA to ensure there is a long-term plan that meets the Navy's needs for highly enriched uranium. Naval Reactors Development.--With the completion of the Columbia-class and the S8G Prototype Refueling on the horizon, it is important for Naval Reactors to have a solid research and development plan for the future. Naval Reactors is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 90 days after the enactment of this Act a report on its current and planned research and development activities. S8G Prototype Refueling.--On-time completion of the prototype refueling is important to demonstrating technology advancements for fleet application. Therefore, the agreement fully funds the budget request and directs Naval Reactors to ensure continued focus on this high priority until all refueling activities are finished. Federal Salaries and Expenses The agreement provides $443,200,000 for Federal Salaries and Expenses. The agreement reiterates House direction regarding developing a plan for expedited hiring. The agreement recognizes the importance of recruiting and retaining the highly skilled personnel needed to meet NNSA's important mission. The NNSA is directed to continue providing monthly updates on the status of hiring and retention. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup The agreement provides $6,426,000,000 for Defense Environmental Cleanup. Within available funds, the Department is directed to fund the hazardous waste worker training program at $10,000,000. Future Budgets Requests.--The agreement directs the Department to include out-year funding projections in the annual budget request for Environmental Management and an [[Page H8377]] estimate of the total cost and time to complete cleanup at each site. Richland.--Additional funding is provided to continue cleanup of the 300-296 waste site under the 324 Building; increased surveillance and maintenance and risk reduction activities associated with legacy waste sites as recommended in the February 2020 Government Accountability Office Report; and community and regulatory support. Within available funds for Central Plateau Remediation, not less than $28,000,000 is provided for groundwater remediation and site critical infrastructure. The agreement also includes $2,500,000 to develop in-depth plans and processes for the permanent off- site removal of Sr-90 capsules currently stored at the West Encapsulation and Storage Facility. Further, within available funds, the agreement provides not less than $8,500,000 for the Hazardous Materials Management and Emergency Response facilities. The Department is directed to carry out maintenance and public safety efforts at historical sites, including the B Reactor. This includes facility improvements needed to expand public access and interpretive programs. None of the Richland Operations funds shall be used to directly carry out waste removal or treatment activities within the Office of River Protection's tank farms. Office of River Protection.--Funds above the budget request are provided to continue tank waste retrievals and design and construct facilities necessary to meet near-term waste treatment goals. Funds are also provided to resume full engineering, procurement, and construction work on the High- Level Waste Treatment Facility and to ensure compliance with the 2016 Consent Decree and Tri-Party Agreement milestones. Funds that support the Waste Treatment Plant project are provided separately for: 1) Low-Activity Waste Treatment Facility, Analytical Laboratory, and Balance of Facilities; 2) High-Level Waste Treatment Facility; 3) Pre-Treatment Facility; and 4) Low Activity Waste Pretreatment System. The Department shall not move forward with placing the High-Level Waste Treatment Facility and Pre-Treatment Facility into preservation mode for any length of time. The agreement notes that the budget request does not include funding for low level waste offsite disposal but that fiscal year 2020 funds are still available for this purpose. Accordingly, the recommendation provides no new funds for this effort and the Department shall provide notification to the Committee if any additional funds are proposed for this project, including the amount and source of funds. The Department is reminded that meeting the Consent Decree milestone for operations of Direct Feed Low Activity Waste must remain the Department's top focus within the Office of River Protection. Idaho Site.--The agreement includes House direction regarding the consideration of a university-led center. Efforts to analyze alternatives for the future of spent fuel facilities at Idaho to include multi-purpose canisters are supported. NNSA Sites.--The agreement rejects the proposed rescission of funds previously directed to address high-risk and legacy contamination at Lawrence Livermore National Laboratory. The Department has not yet submitted the ten-year plan for decommissioning excess facilities at Livermore and is directed to provide the report expeditiously to enable Congressional oversight. Within the funds provided for Los Alamos National Laboratory, the agreement provides $3,394,000 for continued support of Miscellaneous Programs and Agreements in Principle. The agreement also provides $6,000,000 for well R- 72. Oak Ridge Reservation.--Additional funds above the budget request are recommended to address the growing backlog of deferred maintenance associated with Environmental Management owned facilities. The Department should also focus on the cleanup of excess contaminated facilities, many of which are on the Department's list of high-risk facilities, to reduce threats to worker safety and health and to provide for future use, including remaining cleanup at the biology complex. Remediation of mercury contamination is an important precursor to full site remediation. Reducing the mercury being released into the East Fork of Poplar Creek continues to be among the highest priorities for the site. The agreement provides $5,900,000 for Community and Regulatory Support but notes the Department has not provided the work plan from the State of Tennessee. Continued funding is contingent upon measurable progress in review and disposition of regulatory documents necessary for cleanup at the site. The agreement also provides $55,000,000 for disposition of material in Building 3019 and supports the Department's current approach to expedite the disposition using a public-private partnership that will reduce the overall cost of cleanup. The U-233 Disposition Program must remain a high priority for the site. Concerns persist regarding the delays in issuing the Record of Decision for the new landfill and notes the Department has not provided the results of the evaluation of the cost of onsite disposal compared to the offsite disposal, and the economic impact to the local community. The Department is directed to brief the Committees on Appropriations of both Houses of Congress on this topic not later than 30 days after the enactment of this Act. The Department is reminded that completion of preparations for hot cell processing and the start of hot cell processing and continued extraction of Thorium-229 must remain a priority. Savannah River Site.--The agreement provides $1,531,659,000 for the Savannah River Site, an increase of $75,887,000 from fiscal year 2020. Within available funds, not less than $3,000,000 is for disposition of spent fuel from the High Flux Isotope Reactor. Within available funds for Risk Management Operations, the agreement provides $5,000,000 for remediation of the D-Area and $20,000,000 for H-Canyon operations. Waste Isolation Pilot Plant (WIPP).--The agreement supports the continued modernization of underground equipment to zero- emission battery-electric vehicles or very low emission equipment. The agreement does not include funding for infrastructure improvements as outlined in the House report but directs the Department provide a report to the Committees on Appropriations of both Houses of Congress not later than 90 days after the enactment of this Act on WIPP-related road usage and future funding needs for this activity. The report may be coordinated with the State of New Mexico and shall include data from 1992 to 2020 that outlines WIPP-related road usage compared to other heavy road users, including the oil and gas industry and how previously appropriated funding for these activities were used. The report should also include a plan for future funding including specific cost estimates for each road, highway, and location planned for improvement. Technology Development and Demonstration.--Within available funds, $5,000,000 is provided for the National Spent Nuclear Fuel Program to address issues related to storing, transporting, processing, and disposing of Department-owned and managed spent nuclear fuel, with additional House direction; $5,000,000 is provided for work on qualification, testing and research to advance the state-of-the-art on containment ventilation systems; and not less than $5,000,000 is recommended to fund the existing cooperative agreement with the Consortium for Risk Evaluation with Stakeholder Participation. The agreement supports the Department's efforts to expand technology development and demonstration to address its long-term and technically complex cleanup challenges. Other Defense Activities The agreement provides $920,000,000 for Other Defense Activities. With respect to Order 140.1, concerns persist with the Department's continued desire to reshape, often without merit, the Department's interactions with the Defense Nuclear Facilities Safety Board. Additionally, concerns persist regarding the Department's Order 140.1, and the Department is directed to brief the Committees on Appropriations of both Houses of Congress not later than 30 days after the enactment of this Act on the revised Order. Further, the Department is directed to work with the Board to establish a bilateral Memorandum of Understanding between the two agencies to assure operational interface issues between the two agencies are fully resolved. Within available funds for Environment, Health, Safety and Security, the agreement provides not less than $1,000,000 for the Epidemiologic Study of One Million U.S. Radiation Workers and Veterans, which was originally approved by the Office of Science in 2012. The agreement includes $12,000,000 above the budget request for targeted investments to defend the U.S. energy sector against the evolving threat of cyber and other attacks in support of the resiliency of the nation's electric grid and energy infrastructure. POWER MARKETING ADMINISTRATIONS The agreement recognizes the important role the Power Marketing Administrations [PMAs] play in delivering affordable power, maintaining grid reliability, and supporting the Nation's federal multi-purpose water projects. The Department's request to divest the transmission assets of the Bonneville Power Administration, Southwestern Power Administration, and Western Area Power Administration could increase costs for millions of consumers, decrease grid reliability, and reduce services to rural communities. No funds are recommended to divest transmission assets of the PMAs. Further, the agreement reminds the Department of the prohibition on studying transfer of PMA assets, included in the Urgent Supplemental Appropriations Act, 1986 (Public Law 99-349). Bonneville Power Administration Fund The agreement provides no appropriation for the Bonneville Power Administration, which derives its funding from revenues deposited into the Bonneville Power Administration Fund. Operation and Maintenance, Southeastern Power Administration The agreement provides a net appropriation of $0 for the Southeastern Power Administration. Operation and Maintenance, Southwestern Power Administration The agreement provides a net appropriation of $10,400,000 for the Southwestern Power Administration. To ensure sufficient authority to meet purchase power and wheeling needs, the agreement includes $19,000,000 above the level credited as offsetting collections by the Congressional Budget Office. Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration The agreement provides a net appropriation of $89,372,000 for the Western Area Power [[Page H8378]] Administration. To ensure sufficient authority to meet purchase power and wheeling needs, the agreement includes $20,000,000 above the level credited as offsetting collections by the Congressional Budget Office. Falcon and Amistad Operating and Maintenance Fund The agreement provides a net appropriation of $228,000 for the Falcon and Amistad Operating and Maintenance Fund. Federal Energy Regulatory Commission salaries and expenses The agreement provides $404,350,000 for the Federal Energy Regulatory Commission (FERC). Revenues for FERC are set to an amount equal to the budget authority, resulting in a net appropriation of $0. Interregional transmission planning is important to the effective deployment of renewable energy sources, and FERC is encouraged to undertake a review to evaluate the effectiveness of its existing interregional transmission coordination requirements and consider specific improvements to those requirements that would better promote the identification and development of more efficient and cost- effective transmission facilities and cost allocation methodologies that reflect the multiple benefits provided by interregional transmission facilities. FERC is encouraged to prioritize meaningful opportunities for public engagement and coordination with state and local governments in the federal permitting and review processes of energy infrastructure proposals. Specifically, review processes should remain transparent and consistent, and ensure the health, safety, and security of the environment and each affected community. Dam safety is a critical part of FERC's hydropower program and a shared responsibility with the states. FERC is encouraged to conduct a technical conference with the participation of states on the topic of improving dam safety. FERC is directed to submit to the Committees on Appropriations of both Houses of Congress not later than 180 days after enactment of this Act a report detailing how it will establish and operate the Office of Public Participation required under section 319 of the Federal Power Act, beginning in fiscal year 2022. As part of the report, FERC shall provide an organizational structure and budget for the office sufficient to carry out its statutory obligations. The report shall assume that funding for the Office of Public Participation will be derived through annual charges and filing fees as authorized by the Federal Power Act and the Omnibus Budget Reconciliation Act of 1986. Interstate Pipeline Reliability.--On September 23, 2020, the Government Accountability Office (GAO) published a report, Interstate Transportation of Natural Gas Is Generally Reliable, but FERC Should Better Identify and Assess Emerging Risks (GAO-20-658), which recommended FERC use all available information to identify and assess risks to the reliability of natural gas transmission service and to develop and document appropriate responses to service disruptions. FERC is directed to provide the Committees on Appropriations of both Houses of Congress not later than 60 days after enactment of this Act a briefing on implementation of GAO's recommendations. Further, FERC, in consultation with state regulators and the Pipeline and Hazardous Materials Safety Administration, is directed to submit to the Committees not later than 120 days after enactment of this Act a report on broader efforts to work with natural gas pipeline operators to ensure the reliability of the interstate natural gas pipeline system and include any statutory or regulatory barriers to achieving this goal. GENERAL PROVISIONS--DEPARTMENT OF ENERGY (including transfer of funds) The agreement includes a provision prohibiting the use of funds provided in this title to initiate requests for proposals, other solicitations, or arrangements for new programs or activities that have not yet been approved and funded by Congress; requires notification or a report for certain funding actions; prohibits funds to be used for certain multi-year ``Energy Programs'' activities without notification; and prohibits the obligation or expenditure of funds provided in this title through a reprogramming of funds except in certain circumstances. The notification requirements in the provision also apply to the modification of any grant, contract, or Other Transaction Agreement where funds are allocated for new programs, projects, or activities not covered by a previous notification. The agreement includes a provision authorizing intelligence activities of the Department of Energy for purposes of section 504 of the National Security Act of 1947. The agreement includes a provision prohibiting the use of funds in this title for capital construction of high hazard nuclear facilities, unless certain independent oversight is conducted. The agreement includes a provision prohibiting the use of funds in this title to approve critical decision-2 or critical decision-3 for certain construction projects, unless a separate independent cost estimate has been developed for that critical decision. The agreement includes a provision regarding authority to release refined petroleum product from the Strategic Petroleum Reserve. The agreement includes a provision regarding environmental stewardship and endangered species recovery efforts. [[Page H8379]] [GRAPHIC] [TIFF OMITTED] TH21DE20.357 [[Page H8380]] [GRAPHIC] [TIFF OMITTED] TH21DE20.358 [[Page H8381]] [GRAPHIC] [TIFF OMITTED] TH21DE20.359 [[Page H8382]] [GRAPHIC] [TIFF OMITTED] TH21DE20.360 [[Page H8383]] [GRAPHIC] [TIFF OMITTED] TH21DE20.361 [[Page H8384]] [GRAPHIC] [TIFF OMITTED] TH21DE20.362 [[Page H8385]] [GRAPHIC] [TIFF OMITTED] TH21DE20.363 [[Page H8386]] [GRAPHIC] [TIFF OMITTED] TH21DE20.364 [[Page H8387]] [GRAPHIC] [TIFF OMITTED] TH21DE20.365 [[Page H8388]] [GRAPHIC] [TIFF OMITTED] TH21DE20.366 [[Page H8389]] [GRAPHIC] [TIFF OMITTED] TH21DE20.367 [[Page H8390]] [GRAPHIC] [TIFF OMITTED] TH21DE20.368 [[Page H8391]] [GRAPHIC] [TIFF OMITTED] TH21DE20.369 [[Page H8392]] [GRAPHIC] [TIFF OMITTED] TH21DE20.370 [[Page H8393]] [GRAPHIC] [TIFF OMITTED] TH21DE20.371 [[Page H8394]] [GRAPHIC] [TIFF OMITTED] TH21DE20.372 [[Page H8395]] [GRAPHIC] [TIFF OMITTED] TH21DE20.373 [[Page H8396]] [GRAPHIC] [TIFF OMITTED] TH21DE20.374 [[Page H8397]] [GRAPHIC] [TIFF OMITTED] TH21DE20.375 [[Page H8398]] [GRAPHIC] [TIFF OMITTED] TH21DE20.376 [[Page H8399]] [GRAPHIC] [TIFF OMITTED] TH21DE20.377 [[Page H8400]] [GRAPHIC] [TIFF OMITTED] TH21DE20.378 [[Page H8401]] [GRAPHIC] [TIFF OMITTED] TH21DE20.379 [[Page H8402]] [GRAPHIC] [TIFF OMITTED] TH21DE20.380 [[Page H8403]] [GRAPHIC] [TIFF OMITTED] TH21DE20.381 [[Page H8404]] [GRAPHIC] [TIFF OMITTED] TH21DE20.382 [[Page H8405]] [GRAPHIC] [TIFF OMITTED] TH21DE20.383 [[Page H8406]] [GRAPHIC] [TIFF OMITTED] TH21DE20.384 [[Page H8407]] [GRAPHIC] [TIFF OMITTED] TH21DE20.385 [[Page H8408]] [GRAPHIC] [TIFF OMITTED] TH21DE20.386 [[Page H8409]] [GRAPHIC] [TIFF OMITTED] TH21DE20.387 [[Page H8410]] [GRAPHIC] [TIFF OMITTED] TH21DE20.388 [[Page H8411]] [GRAPHIC] [TIFF OMITTED] TH21DE20.389 [[Page H8412]] [GRAPHIC] [TIFF OMITTED] TH21DE20.390 [[Page H8413]] [GRAPHIC] [TIFF OMITTED] TH21DE20.391 [[Page H8414]] [GRAPHIC] [TIFF OMITTED] TH21DE20.392 [[Page H8415]] [GRAPHIC] [TIFF OMITTED] TH21DE20.393 [[Page H8416]] [GRAPHIC] [TIFF OMITTED] TH21DE20.394 [[Page H8417]] [GRAPHIC] [TIFF OMITTED] TH21DE20.395 [[Page H8418]] [GRAPHIC] [TIFF OMITTED] TH21DE20.396 [[Page H8419]] [GRAPHIC] [TIFF OMITTED] TH21DE20.397 [[Page H8420]] [GRAPHIC] [TIFF OMITTED] TH21DE20.398 [[Page H8421]] [GRAPHIC] [TIFF OMITTED] TH21DE20.399 [[Page H8422]] TITLE IV--INDEPENDENT AGENCIES Appalachian Regional Commission The agreement provides $180,000,000 for the Appalachian Regional Commission (ARC). The following is the only direction for the Appalachian Regional Commission. The agreement includes the budget request proposal to address the substance abuse crisis that disproportionally affects Appalachia. Within available funds, not less than $15,000,000 is for counties within the Northern Appalachian region to support economic development, manufacturing, and entrepreneurship. Within available funds, $55,000,000 is for the POWER+ Plan. Within available funds $10,000,000 is provided to continue the program of high-speed broadband deployment in distressed counties within the Central Appalachian region that have been most negatively impacted by the downturn in the coal industry. The agreement provides $5,000,000 for a program of high-speed broadband deployment in economically distressed counties within the North Central and Northern Appalachian regions. Within available funds, not less than $16,000,000 is for a program of industrial site and workforce development in Southern and South Central Appalachia, focused primarily on the automotive supplier sector and the aviation sector. Up to $13,500,000 of that amount is for activities in Southern Appalachia. The funds shall be distributed to states that have distressed counties in Southern and South Central Appalachia using the ARC Area Development Formula. Within available funds, $16,000,000 is for a program of basic infrastructure improvements in distressed counties in Central Appalachia. Funds shall be distributed according to ARC's distressed counties formula and shall be in addition to the regular allocation to distressed counties. The agreement reiterates House direction regarding a formal report on funding directed to persistent poverty counties and high poverty areas. Defense Nuclear Facilities Safety Board Salaries and Expenses The agreement provides $31,000,000 for the Defense Nuclear Facilities Safety Board. The Board is directed to ensure a minimum of 110 full-time equivalents are on board or report to the Committees on Appropriations of both Houses of Congress why it was unable to do so. The agreement reiterates House direction regarding a Memorandum of Understanding between the Board and the Department of Energy. Delta Regional Authority SALARIES AND EXPENSES The agreement provides $30,000,000 for the Delta Regional Authority. Within available funds, the agreement includes not less than $15,000,000 for flood control, basic public infrastructure development and transportation improvements, which shall be allocated separate from the state formula funding method. The agreement reiterates House direction regarding a formal report on funding directed to persistent poverty counties and high poverty areas. The agreement does not include a statutory waiver with regard to DRA's priority of funding, and directs DRA to focus on activities relating to basic public infrastructure and transportation infrastructure before allocating funding toward other priority areas. Denali Commission The agreement provides $15,000,000 for the Denali Commission. The agreement reiterates House direction regarding a formal report on funding directed to persistent poverty counties and high poverty areas. Northern Border Regional Commission The agreement provides $30,000,000 for the Northern Border Regional Commission. Within available funds, not less than $4,000,000 is for initiatives that seek to address the decline in forest-based economies throughout the region, $1,000,000 is for the State Capacity Building Grant Program, and $5,000,000 is for broadband initiatives. The agreement reiterates House direction regarding a formal report on funding directed to persistent poverty counties and high poverty areas. Southeast Crescent Regional Commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $1,000,000 to remain available until expended. Southwest Border Regional Commission For expenses necessary for the Southwest Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $250,000 to remain available until expended. The Administration is encouraged to promptly appoint a Federal Co-Chair in order to establish key partnerships with local communities, improve economic conditions and travel along the southwest border, and to consider opportunities to establish a regional presence in or near major inland ports of entry. Nuclear Regulatory Commission SALARIES AND EXPENSES The agreement provides $830,900,000 for the Nuclear Regulatory Commission. This amount is offset by estimated revenues of $710,293,000, resulting in a net appropriation of $120,607,000. Unobligated Balances from Prior Appropriations and Reprogramming Guidelines.--The Commission carries unobligated balances from appropriations received in prior years. The agreement requires the use of $35,000,000 of these balances, derived from fee-based activities. The Commission is directed to apply these savings in a manner that continues to ensure the protection of public health and safety and maintains the effectiveness of the current inspection program. Because the Commission has already collected fees corresponding to these activities in prior years, the agreement does not include these funds within the fee base calculation for determining authorized revenues and does not provide authority to collect additional offsetting receipts for their use. Any remaining unobligated balances carried forward from prior years are subject to the reprogramming guidelines in section 402 of this Act and shall be used only to supplement appropriations consistent with those guidelines. Integrated University Program.--The Commission is directed to use $16,000,000 of prior-year, unobligated balances for the Integrated University Program, of which, $5,500,000 shall be for grants to support research projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering. Because the Commission has already collected fees corresponding to these activities in previous years, the agreement does not include these funds within the fee base calculation for determining authorized revenues and does not provide authority to collect additional offsetting receipts for their use. Accident Tolerant Fuels Program.--The agreement directs the Commission to submit to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act a report on the preparedness for accident tolerant fuel licensing with a focus on what steps are being taken to ensure that licensing activities, including higher burnup and enrichment, support projected deployment schedules. Digital Technologies.--The agreement directs the Commission to provide to the Committees on Appropriations of both Houses of Congress not later than 30 days after the enactment of this Act a briefing on the progress of its efforts to enable safe and efficient design options that allow licensees to deploy digital technologies. Commission Workforce.--Not later than 30 days after the enactment of this Act, the Commission shall provide to the Committees on Appropriations of both Houses of Congress a briefing on its efforts to maintain its workforce, including recruiting, hiring, and training scientists and engineers to meet its mission today and in the future. Inspectors.--The agreement encourages the Commission to use its existing regulatory authority to assign resident inspectors at nuclear power plants while the plant is in the fuel handling and transfer phases of decommissioning. (Dollars in thousands) ------------------------------------------------------------------------ Account Final Bill ------------------------------------------------------------------------ Nuclear Reactor Safety..................................... $452,849 Integrated University Program.............................. 16,000 Nuclear Materials and Waste Safety......................... 102,864 Decommissioning and Low-Level Waste........................ 22,771 Corporate Support.......................................... 271,416 Use of Prior-Year Balances................................. -35,000 ------------ Total, Nuclear Regulatory Commission..................... 830,900 ------------------------------------------------------------------------ OFFICE OF INSPECTOR GENERAL The agreement provides $13,499,000 for the Office of Inspector General in the Nuclear Regulatory Commission. This amount is offset by revenues of $11,106,000, resulting in a net appropriation of $2,393,000. The agreement provides $1,206,000 to provide inspector general services for the Defense Nuclear Facilities Safety Board. Nuclear Waste Technical Review Board SALARIES AND EXPENSES The agreement provides $3,600,000 for the Nuclear Waste Technical Review Board. GENERAL PROVISIONS--INDEPENDENT AGENCIES The agreement includes a provision instructing the Nuclear Regulatory Commission on responding to congressional requests for information. The agreement includes a provision relating to reprogramming. TITLE V--GENERAL PROVISIONS (INCLUDING TRANSFER OF FUNDS) The agreement includes a provision relating to lobbying restrictions. The agreement includes a provision relating to transfer authority. No additional transfer authority is implied or conveyed by this provision. For the purposes of this provision, the term ``transfer'' shall mean the shifting of all or part of the budget authority in one account to another. In addition to transfers provided in this Act or other appropriations Acts, and existing authorities, such as the Economy Act (31 U.S.C. 1535), by which one part of the United States Government may provide goods or services to another part, this Act allows transfers using section 4705 of the Atomic Energy Defense Act (50 U.S.C. 2745) and 15 U.S.C. 638 regarding SBIR/STTR. The agreement includes a provision prohibiting funds to be used in contravention of the executive order entitled ``Federal Actions to [[Page H8423]] Address Environmental Justice in Minority Populations and Low-Income Populations.'' The agreement includes a provision prohibiting the use of funds to establish or maintain a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, except for law enforcement investigation, prosecution, or adjudication activities. The agreement includes a provision to waive requirements related to non-federal cost-share grants and cooperative agreements for the Delta Regional Authority, the Northern Border Regional Commission, and the Denali Commission. [[Page H8424]] [GRAPHIC] [TIFF OMITTED] TH21DE20.400 [[Page H8425]] [GRAPHIC] [TIFF OMITTED] TH21DE20.401 [[Page H8426]] [GRAPHIC] [TIFF OMITTED] TH21DE20.402 [[Page H8427]] [GRAPHIC] [TIFF OMITTED] TH21DE20.403 [[Page H8428]] [GRAPHIC] [TIFF OMITTED] TH21DE20.404 [[Page H8429]] [GRAPHIC] [TIFF OMITTED] TH21DE20.405 [[Page H8430]] [GRAPHIC] [TIFF OMITTED] TH21DE20.406 [[Page H8431]] [GRAPHIC] [TIFF OMITTED] TH21DE20.407 [[Page H8432]] [GRAPHIC] [TIFF OMITTED] TH21DE20.408 [[Page H8433]] [GRAPHIC] [TIFF OMITTED] TH21DE20.409 [[Page H8434]] [GRAPHIC] [TIFF OMITTED] TH21DE20.410 [[Page H8435]] [GRAPHIC] [TIFF OMITTED] TH21DE20.411 [[Page H8436]] DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2021 The joint explanatory statement accompanying this division is approved and indicates Congressional intent. Unless otherwise noted, the language set forth in House Report 116- 456 carries the same weight as language included in this joint explanatory statement and should be complied with unless specifically addressed to the contrary in this joint explanatory statement. While some language is repeated for emphasis, it is not intended to negate the language referred to above unless expressly provided herein. Reports.--Where the House has directed submission of a report, that report is to be submitted to the Committees on Appropriations of the House and Senate. Agencies funded by this Act that currently provide separate copies of periodic reports and correspondence to the chairs and ranking members of the House and Senate Appropriations Committees and Subcommittees on Financial Services and General Government are directed to use a single cover letter jointly addressed to the chairs and ranking members of the Committees and Subcommittees of both the House and the Senate. To the greatest extent feasible, agencies should include in the cover letter a reference or hyperlink to facilitate electronic access to the report and provide the documents by electronic mail delivery. These measures will help reduce costs, conserve paper, expedite agency processing, and ensure that consistent information is conveyed concurrently to the majority and minority committee offices of both chambers of Congress. Federal Law Protections for Religious Liberty.--On October 6, 2017, the Attorney General issued a memorandum to all executive departments and agencies titled, ``Federal Law Protections for Religious Liberty.'' The guidance states, ``to the greatest extent practicable and permitted by law, religious observance and practice should be reasonably accommodated in all government activity, including [but not limited to] employment, contracting, and programming. The following twenty principles should guide administrative agencies and executive departments in carrying out this task. These principles should be understood and interpreted in light of the legal analysis set forth in the appendix to this memorandum.'' Within 90 days of the enactment of this Act, each agency and executive department funded by this Act is directed to report to the Committees on how this guidance has been implemented. This report should include any guidance, rulemaking and policy updates issued by the agency or department. The report should also include details on how this has influenced their employment, contracts, grants, and programs. Federal Law Enforcement.--The agreement notes that the explanatory statement accompanying the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021 directs the Attorney General to ensure implementation of evidence-based training programs on de-escalation and the use-of-force, as well as on police-community relations, that are broadly applicable and scalable to all Federal law enforcement agencies. The agreement further notes that several agencies funded by this Act employ Federal law enforcement officers and are Federal Law Enforcement Training Centers partner organizations. The agreement directs such agencies to consult with the Attorney General regarding the implementation of these programs for their law enforcement officers. The agreement further directs such agencies to brief the Committees on Appropriations on their efforts relating to such implementation no later than 90 days after consultation with the Attorney General. In addition, the agreement directs such agencies, to the extent that they are not already participating, to consult with the Attorney General and the Director of the FBI regarding participation in the National Use-of-Force Data Collection. The agreement further directs such agencies to brief the Committees on Appropriations, no later than 90 days after enactment of this Act, on their current efforts to so participate. Nondiscrimination Report.--The agreement does not include reporting requirements on discrimination in this bill and instead includes a similar requirement in the agreement accompanying the Commerce, Justice, and Science bill. TITLE I DEPARTMENT OF THE TREASURY Departmental Offices Salaries and Expenses The bill provides $233,000,000 for departmental offices salaries and expenses. Savings Bonds.--The agreement notes deep concerns that tens of billions of dollars in matured U.S. savings bonds are presently left unclaimed in the U.S. Treasury. Further, the Treasury Department has not taken sufficient action to reunite bondholders or to provide the appropriate State agencies with the necessary information for owners to redeem their unclaimed bonds. Therefore, the agreement continues all directives adopted by the joint explanatory statement accompanying division C of the Consolidated Appropriations Act, 2020 (Public Law 116-93) relating to savings bonds. Wildlife Trafficking.--The agreement carries forward the directives regarding wildlife trafficking included in Senate Report 116-111, except those directives shall apply to fiscal year 2021. Ivory Poaching.--The agreement carries forward the directives regarding ivory poaching included in Senate Report 116-111, except those directives shall apply to fiscal year 2021. COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND (INCLUDING TRANSFER OF FUNDS) The bill provides $20,000,000 for the Committee on Foreign Investment in the United States (CFIUS) Fund. Spending Plan.--The Department is directed to provide a detailed accounting of planned expenditures of the Department and member agencies prior to obligating or transferring amounts available in the CFIUS fund. OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE SALARIES AND EXPENSES The bill provides $175,000,000 for the Office of Terrorism and Financial Intelligence (TFI). Economic Sanctions and Divestments.--The Department is directed to fully implement all sanctions and other financial measures, including those applicable to designated rebel groups operating in and around the Democratic Republic of Congo and those designated for sanction under the Global Magnitsky Act. Synthetic Opioids.--The Department must remain vigilant in its efforts to monitor China's implementation and enforcement of its commitment to control the flow of illicit synthetic opioids trafficked to the U.S. The agreement includes funds for TFI to continue to identify and investigate the illicit trade of synthetic opioids, particularly fentanyl, originating from China, in order to verify that China is upholding its commitments. Within 120 days of enactment of this Act, the Department is directed to report to the Committees on its utilization of existing authorities to disrupt the illicit trade and financing of synthetic opioids originating from China, the use of online networks and Internet platforms on both the dark web and surface web to finance the movement of illegal narcotics, and any additional authorities that would assist the Department in further disrupting the supply chain of illicit narcotics originating in China, including online activity. CYBERSECURITY ENHANCEMENT ACCOUNT The bill provides $18,000,000 for the Cybersecurity Enhancement Account. DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS (INCLUDING TRANSFER OF FUNDS) The bill provides $6,118,000 for the Department-Wide Systems and Capital Investments Programs. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES The bill provides $41,044,000 for salaries and expenses of the Office of Inspector General. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION SALARIES AND EXPENSES The bill provides $170,250,000 for salaries and expenses of the Treasury Inspector General for Tax Administration (TIGTA). Combatting Internal Revenue Service (IRS) Impersonation Scams.--TIGTA is encouraged to continue to prioritize working with the IRS to increase awareness of IRS impersonation scams and urges TIGTA to pursue the criminals perpetrating this fraud. SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM SALARIES AND EXPENSES The bill provides $19,000,000 for salaries and expenses of the Office of the Special Inspector General for the Troubled Asset Relief Program. Financial Crimes Enforcement Network SALARIES AND EXPENSES The bill provides $126,963,000 for salaries and expenses for the Financial Crimes Enforcement Network (FinCEN). Bureau of the Fiscal Service SALARIES AND EXPENSES The bill provides $345,569,000 for salaries and expenses of the Bureau of the Fiscal Service. The agreement includes funding to continue implementation of the Treasury Internet Connection 3.0 standard and secure connectivity for the Bureau's data center, provide enhanced data encryption and support other critical cyber remediation efforts. The agreement also includes funding to support the Bureau's Quality Service Management Office for financial management. Death Data.--In May 2020, the Social Security Advisory Board reiterated its recommendation for Congress to transfer responsibility for the collection of death data from the Social Security Administration (SSA) to the Department of the Treasury. Within 120 days of enactment of this act, the Bureau of Fiscal Service is directed to report to the Committees on the feasibility of shifting responsibility for the collection and dissemination of death data from SSA to Treasury's Do Not Pay portal. The report should include projected implementation costs and recurring annual costs, including which costs would need to be funded by direct appropriations. Alcohol and Tobacco Tax and Trade Bureau SALARIES AND EXPENSES The bill provides $124,337,000 for salaries and expenses of the Alcohol and Tobacco Tax and Trade Bureau. [[Page H8437]] United States Mint United States Mint Public Enterprise Fund The bill specifies that not more than $50,000,000 in new liabilities and obligations may be incurred during fiscal year 2021 for circulating coinage and protective service capital investments of the U.S. Mint. Community Development Financial Institutions Fund Program Account The bill provides $270,000,000 for the Community Development Financial Institutions (CDFI) Fund program. The bill limits the total loan principal for the Bond Guarantee program to $500,000,000. ------------------------------------------------------------------------ Program ($000) ------------------------------------------------------------------------ Financial/Technical Assistance Grants................ 167,000 (Disability Fund).................................. (6,000) (Mobiliby Corps)................................... (2,000) Native Initiatives................................... 16,500 Bank Enterprise Award Program........................ 26,000 Healthy Food Financing Initiative.................... 23,000 Small Dollar Loan Program............................ 8,500 Administrative Expenses.............................. 29,000 ------------------ Total, CDFI Fund Program Account................... 270,000 ------------------------------------------------------------------------ Bond Guarantee Program (BGP).--In lieu of the House report language directive on the BGP requirements, the agreement encourages the Department to consider changing the current program requirements to increase the availability of this program to credit-worthy CDFIs. The agreement adopts the House reporting requirements on high-poverty communities and minimum bond size. Impact of Fiscal Year 2018 CDFI Awardees.--The Secretary is directed to report to the Committees within 90 days of enactment of this Act on the impact fiscal year 2018 CDFI Fund awardees are having in the communities they serve. Economic Mobility Corps.--The CDFI Fund is directed to submit a report no later than December 31, 2021, to the Committees that describes activities outlined in the Economic Mobility Corps agreement with the Corporation for National and Community Service. Non-Metropolitan and Rural Areas.--Treasury is directed to take into consideration the unique conditions, challenges, and scale of non-metropolitan and rural areas when designing programs to address economic revitalization and community development. The agreement requires the CDFI Fund to fund a geographically diverse group of award recipients, including those from non-metropolitan and rural areas. Additionally, the Secretary is directed to report to the Committees within 90 days of enactment of this Act on how CDFI Programs recipients intend to serve non-metropolitan and rural areas and populations living in persistent poverty counties. The agreement continues all directives adopted by the joint explanatory statement accompanying division C of the Consolidated Appropriations Act, 2020 (Public Law 116-93) relating to CDFI and the Controlled Substances Act. Internal Revenue Service Modernizing Taxpayer Notices and Communications.--The Internal Revenue Service (IRS) is encouraged to examine options during their modernization efforts that ensure taxpayers in rural areas will not be faced with undue burdens following the conclusion of the modernization period. Improper Payments.--The IRS is directed to make the elimination of improper payments an utmost priority and implement within 270 days of enactment of this Act all open and unimplemented recommendations from TIGTA and GAO that address improper payments, or report to the Committees on impediments to the implementation of each open recommendation. This report shall include the dollar value of improper payments, as estimated by TIGTA or GAO, that would be avoided through implementation of each recommendation. TAXPAYER SERVICES The bill provides $2,555,606,000 for Taxpayer Services. Within the overall amount, not less than $11,000,000 is for the Tax Counseling for the Elderly Program, not less than $13,000,000 is for low-income taxpayer clinic grants, and not less than $211,000,000 is provided for operating expenses of the IRS Taxpayer Advocate Service, of which not less than $5,500,000 is for identity theft casework. In addition, within the overall amount provided, not less than $30,000,000 is available until September 30, 2022, for the Community Volunteer Income Tax Assistance Matching Grants Program. Rural Service Delivery Issues.--The IRS has been plagued by significant wait times and deteriorating rate of responses for assistance provided through the national toll-free line. It is more imperative than ever that the IRS offer personal and local assistance to American taxpayers. There is concern that the actions taken by the IRS and the proposed ``Future State'' of service leave rural taxpayers reliant on paid preparers or unable to obtain timely and accurate assistance with pre- and post-filing questions. The IRS must do more to address the needs of rural taxpayers by ensuring that they have the ability to reach local taxpayer assistance services. Taxpayer Services in Alaska and Hawaii.--The IRS is directed to continue to staff each Taxpayer Advocate Service Center (TAC) in Alaska and Hawaii with a Collection Technical Advisor and an examination technical advisor in addition to the current complement of office staff. Additionally, IRS is directed to report to the Committees within 180 days of enactment of this Act on current face-to-face taxpayer services offered in Alaska and Hawaii and on the delivery service benefits of appointment versus walk-in service, cost options to improve service, and potential increase in the number of TACs in these States. Identity Protection Personal Identification Number (IP PIN) Expansion.--The agreement recognizes that the IP PIN pilot program is an important tool for saving taxpayer money and commends the IRS for continuing to expand the pilot program to additional States, and encourages further expansion as soon as possible. Low Income Tax Clinic.--The IRS is directed to conduct outreach to determine how to increase Low Income Tax Clinic grantees in States that don't have a grantee. The report should assess why there are no successful grantees as well as include recommendations on how to enable new grant applications in these States. Within 120 days of enactment of this Act, the IRS shall report to the Committees on why there are no successful grantees in certain States and include recommendations on how to enable new grant applications in these States. ENFORCEMENT The bill provides $5,212,622,000 for Enforcement, of which up to $15,000,000 is for investigative technology for the Criminal Investigation Division, to support their critical law enforcement mission. Enforcement Efforts and Money Laundering Investigations.-- The IRS is urged to increase the number of Special Agents in the Criminal Investigations unit responsible for investigating money laundering, violations of the Bank Secrecy Act and criminal violations of the tax code, in order to provide the necessary law enforcement personnel to solidify U.S. efforts to combat money laundering and ensure that offenders are prosecuted to the fullest extent, in conjunction with the Financial Crimes Enforcement Network and the Department of Justice. Refund Fraud Involving Decedents.--The IRS is directed to consult with the Social Security Administration on all potential data limitations in the Death Master File and report to and brief the Committee on its findings. Preventing Misclassification of Contractors.--The IRS is directed to continue to notify the Committees on Appropriations and House Ways and Means Committee and Senate Finance Committee prior to making any staffing reductions or reallocations within the SS-8 processing program. OPERATIONS SUPPORT The bill provides $3,928,102,000 for Operations Support, of which $10,000,000 is for a Federal contractor tax check system. Federal Contractor Tax Check System.--The IRS is directed to provide the Committees a quarterly update on the status of the tax check application. BUSINESS SYSTEMS MODERNIZATION The bill provides $222,724,000 for Business Systems Modernization (BSM). The total includes funding for Customer Account Data Engine 2, Enterprise Case Management System, Web Applications, taxpayer assistance systems, cybersecurity, and data protection. administrative provisions--internal revenue service (including transfer of funds) The bill includes the following provisions: Section 101 provides transfer authority. Section 102 requires the IRS to maintain an employee training program on topics such as taxpayers' rights. Section 103 requires the IRS to safeguard taxpayer information and to protect taxpayers against identity theft. Section 104 permits funding for 1-800 help line services for taxpayers and directs the Commissioner to make improving phone service a priority and to enhance response times. Section 105 requires the IRS to issue notices to employers of any address change request and to give special consideration to offers in compromise for taxpayers who have been victims of payroll tax preparer fraud. Section 106 prohibits the use of funds by the IRS to target United States citizens for exercising any right guaranteed under the First Amendment to the Constitution. Section 107 prohibits the use of funds by the IRS to target groups for regulatory scrutiny based on their ideological beliefs. Section 108 requires the IRS to comply with procedures and policies on conference spending in accordance with IRS policies issued as a result of Treasury Inspector General for Tax Administration recommendations. Section 109 prohibits funds for giving bonuses to employees or hiring former employees without considering conduct and compliance with Federal tax law. Section 110 prohibits the IRS from using funds made available by this Act to contravene a provision of the Internal Revenue Code of 1986 related to the confidentiality and disclosure of returns and return information. administrative provisions--department of the treasury (including transfers of funds) Section 111 allows Treasury to use funds for certain specified expenses. Section 112 allows for the transfer of up to 2 percent of funds among various Treasury bureaus and offices. Section 113 allows for the transfer of up to 2 percent from the IRS accounts to the Treasury Inspector General for Tax Administration. [[Page H8438]] Section 114 prohibits funding to redesign the $1 note. Section 115 allows for the transfer of funds from the Bureau of the Fiscal Service--Salaries and Expenses to the Debt Collection Fund conditional on future reimbursement. Section 116 prohibits funds to build a United States Mint museum without the approval of the Committees on Appropriations of the House and Senate and the authorizing committees of jurisdiction. Section 117 prohibits funding for consolidating the functions of the United States Mint and the Bureau of Engraving and Printing without the approval of the Committees on Appropriations of the House and Senate and the authorizing committees of jurisdiction. Section 118 specifies that funds for Treasury intelligence activities are deemed to be specifically authorized until enactment of the fiscal year 2021 Intelligence Authorization Act. Section 119 permits the Bureau of Engraving and Printing to use up to $5,000 from the Industrial Revolving Fund for reception and representation expenses. Section 120 requires the Secretary to submit a Capital Investment Plan. Section 121 requires a Franchise Fund report. Section 122 prohibits the Department from finalizing any regulation related to the standards used to determine the tax-exempt status of a 501(c)(4) organization. Section 123 requires the Office of Financial Research and Office of Financial Stability to submit quarterly reports. Section 124 provides funding for the digitization of unclaimed U.S. savings bonds. TITLE II EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT The White House salaries and expenses The bill provides $55,000,000 for the salaries and expenses of the White House. Executive Residence at the White House operating expenses The bill provides $13,641,000 for the Executive Residence at the White House. White House Repair and Restoration The bill provides $2,500,000 for repair, alteration and improvement of the Executive Residence at the White House. Council of Economic Advisers SALARIES AND EXPENSES The bill provides $4,000,000 for salaries and expenses of the Council of Economic Advisers. National Security Council and Homeland Security Council salaries and expenses The bill provides $12,150,000 for salaries and expenses of the National Security Council and Homeland Security Council, of which not to exceed $5,000 is available for official reception and representation expenses. Office of Administration salaries and expenses The bill provides $100,000,000 for salaries and expenses of the Office of Administration, of which not more than $12,800,000 is for information technology modernization. Presidential Transition Administrative Support (including transfer of funds) The bill provides $8,000,000 for costs associated with the change in Presidential administrations. The bill allows for the funds to be transferred to other accounts within the Executive Office of the President. Office of Management and Budget salaries and expenses The bill provides $106,600,000 for the salaries and expenses of the Office of Management and Budget (OMB). Regulatory Management Modernization.--As OMB undertakes efforts to modernize its internal regulatory management, the agreement encourages OMB to increase technological utilization to improve its efficiency in regulatory review, in management of rules and guidance, and in meeting other mandated administrative process requirements. Intellectual Property Enforcement Coordinator The bill provides $1,800,000 for the Intellectual Property Enforcement Coordinator. Office of National Drug Control Policy salaries and expenses The bill provides $18,400,000 for salaries and expenses of the Office of National Drug Control Policy (ONDCP). There are concerns that the continued lack of a formal process through which the Director may designate an emerging drug threat, in accordance with section 709(c) of the Office of National Drug Control Policy Reauthorization Act of 1998, may limit the ability of the Federal Government to take the steps necessary to address emerging drug trends before they reach epidemic proportions. ONDCP shall expeditiously finalize and implement regulations to establish the criteria and process through which to formally designate an emerging drug threat in the United States. Given the rapid increase in deaths associated with methamphetamine use, ONDCP should consider formally designating methamphetamine as an emerging threat in accordance with section 709(d) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708(d)). Federal Drug Control Programs high intensity drug trafficking areas program (including transfers of funds) The bill provides $290,000,000 for the High Intensity Drug Trafficking Areas Program (HIDTA). ONDCP is directed to consult with the HIDTAs in advance of deciding programmatic spending allocations for discretionary (supplemental) funding, taking particular note of areas with the highest rates of overdose deaths. Opioid Addiction.--As prescription drug monitoring programs reduce illicit access to prescription drugs, those struggling with substance abuse disorders who are no longer able to obtain or afford prescription opioids often turn to heroin and other opioids. The agreement notes the prevalence of opioid addiction and the resultant increase in trafficking of and addiction to heroin and other emergent threats such as fentanyl. ONDCP, in consultation with the HIDTA Directors, is encouraged to prioritize discretionary funds to aid States that have identified heroin and opioid addiction as an emergent threat, and have developed and implemented community responses to combat addiction to heroin and other opioids. ONDCP and HIDTAs enable necessary coordination of law enforcement efforts and support for State and local law enforcement, and must continue to play a significant role in the eradication of heroin and prescription drug diversion. other federal drug control programs (including transfers of funds) The bill provides $128,182,000 for Other Federal Drug Control Programs. The agreement allocates funds among specific programs as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Drug-Free Communities Program........................... $102,000,000 (Training)........................................... (2,500,000) Drug court training and technical assistance............ 3,000,000 Anti-Doping activities.................................. 14,000,000 World Anti-Doping Agency (U.S. membership dues)......... 2,932,000 Model Acts Program..................................... 1,250,000 Community-based coalition enhancement grants (CARA 5,000,000 Grants)................................................ ------------------------------------------------------------------------ World Anti-Doping Agency (WADA) Governance.--The increased prevalence of doping fraud among international sports federations and governments raises serious concerns about the WADA's credibility, independence, and accountability to athletes. The agreement supports ONDCP's efforts to monitor and advance WADA's reform efforts. The bill includes language to allow ONDCP to exercise discretion in providing annual membership dues to encourage necessary reforms within WADA and to determine whether WADA is making sufficient progress in increasing its independence and transparency. The amount of the United States' membership dues payment, or lack thereof, should be linked to WADA's progress in reducing undue influence by sports organizations with a direct financial interest in WADA decisions as well as increasing the number of independent athlete and independent anti-doping stakeholder representatives on WADA's committees and decision-making bodies. Increasing American representation on WADA decision-making bodies could help achieve these goals. Unanticipated Needs The bill provides $1,000,000 for unanticipated needs of the President. Information Technology Oversight and Reform (including transfer of funds) The bill provides $12,500,000 for information technology oversight and reform activities. Special Assistance to the President SALARIES AND EXPENSES The bill provides $4,698,000 for salaries and expenses to enable the Vice President to provide special assistance to the President. Official Residence of the Vice President operating expenses (including transfer of funds) The bill provides $302,000 for operating expenses for the official residence of the Vice President. administrative provisions--executive office of the president and funds appropriated to the president (including transfer of funds) The bill includes the following administrative provisions: Section 201 provides transfer authority among various Executive Office of the President accounts. Section 202 requires the Director of the OMB, during fiscal year 2021, to include a statement of budgetary impact with any Executive order issued or revoked and for Presidential memoranda estimated to have a regulatory cost in excess of $100,000,000. Section 203 requires the Director of the OMB to issue a memorandum to all Federal departments, agencies, and corporations directing compliance with title VII of this Act. TITLE III THE JUDICIARY Supreme Court of the United States SALARIES AND EXPENSES The bill provides $94,690,000 for salaries and expenses of the Supreme Court. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief justice and associate justices of the court. care of the building and grounds The bill provides $10,618,000 for the care of the Supreme Court building and grounds. [[Page H8439]] United States Court of Appeals for the Federal Circuit salaries and expenses The bill provides $33,500,000 for salaries and expenses of the United States Court of Appeals for the Federal Circuit. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief judge and judges of the court. United States Court of International Trade salaries and expenses The bill provides $20,000,000 for salaries and expenses of the United States Court of International Trade. In addition, the bill provides mandatory costs as authorized by current law for the salaries of the chief judge and judges of the court. Courts of Appeals, District Courts, and Other Judicial Services salaries and expenses The bill provides $5,393,701,000 for salaries and expenses of the Courts of Appeals, District Courts, and Other Judicial Services. In addition, the bill provides mandatory costs as authorized by current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service. The bill also provides $9,900,000 from the Vaccine Injury Compensation Trust Fund. defender services The bill provides $1,316,240,000 for Defender Services. fees of jurors and commissioners The bill provides $32,517,000 for Fees of Jurors and Commissioners. court security (including transfer of funds) The bill provides $664,011,000 for Court Security. Administrative Office of the United States Courts salaries and expenses The bill provides $95,675,000 for salaries and expenses of the Administrative Office of the United States Courts. Federal Judicial Center salaries and expenses The bill provides $29,015,000 for salaries and expenses of the Federal Judicial Center (FJC). Judicial Continuing Education.--The FJC is directed to review how judges currently obtain information in medical and scientific areas and whether additional training or other resources for judges in this area may be beneficial, and provide a report to the Committees within 180 days of enactment of this Act. United States Sentencing Commission salaries and expenses The bill provides $19,965,000 for salaries and expenses of the United States Sentencing Commission. administrative provisions--the judiciary (including transfer of funds) The bill includes the following administrative provisions: Section 301 makes funds appropriated for salaries and expenses available for services authorized by 5 U.S.C. 3109. Section 302 provides transfer authority among Judiciary appropriations. Section 303 permits not more than $11,000 to be used for official reception and representation expenses of the Judicial Conference. Section 304 extends through fiscal year 2021 the delegation of authority to the Judiciary for contracts for repairs of less than $100,000. Section 305 continues a pilot program where the United States Marshals Service provides perimeter security services at selected courthouses. Section 306 extends temporary judgeships in the eastern district of Missouri, Kansas, Arizona, the central district of California, the northern district of Alabama, the southern district of Florida, New Mexico, the western district of North Carolina, the eastern district of Texas, and Hawaii. TITLE IV DISTRICT OF COLUMBIA Federal Funds Death with Dignity.--Congress has expressly forbidden the use of Federal funding for purposes related to assisted suicide under the Assisted Suicide Funding Restriction Act of 1997 (Public Law 105-12). There are concerns that the Death with Dignity Act of 2016 (D.C. Law 21-182) puts our Nation's most vulnerable people who are elderly, disabled, or fighting mental illness at risk. As such, the Chief Financial Officer for the District of Columbia shall submit a report to the Committees to certify that no Federal funds are used to implement D.C. Law 21-182 in the District of Columbia in contravention of existing law. The District shall also report to the Committees on Appropriations on the number of lethal prescriptions prescribed during the fiscal year, the number of patients that actually consumed the medication and the cause of death that was listed on the death certificate. federal payment for resident tuition support The bill provides $40,000,000 for District of Columbia resident tuition support. federal payment for emergency planning and security costs in the district of columbia The bill provides an additional $38,400,000 for emergency planning and security costs in the District of Columbia to remain available until expended. federal payment to the district of columbia courts The bill provides $250,088,000 for the District of Columbia courts, of which $14,682,000 is for the D.C. Court of Appeals, $125,660,000 is for the Superior Court, $79,247,000 is for the D.C. Court System, and $30,499,000 is for capital improvements to courthouse facilities. federal payment for defender services in district of columbia courts The bill provides $46,005,000 for defender services in the District of Columbia. federal payment to the court services and offender supervision agency for the district of columbia The bill provides $245,923,000 for court services and offender supervision in the District of Columbia. federal payment to the district of columbia public defender service The bill provides $46,212,000 for public defender services in the District of Columbia. federal payment to the criminal justice coordinating council The bill provides $2,150,000 for the Criminal Justice Coordinating Council. federal payment for judicial commissions The bill provides $600,000 for Judicial Commissions. Within the amount provided, $325,000 is for the Commission on Judicial Disabilities and Tenure and $275,000 is for the Judicial Nomination Commission. federal payment for school improvement The bill provides $52,500,000 for school improvement in the District of Columbia to be distributed in accordance with the provisions of the Scholarships for Opportunity and Results Act (SOAR Act). The funds are to be allocated evenly between District of Columbia public schools, charter schools, and opportunity scholarships as authorized by law. Of the funds allocated for the SOAR Act, $1,750,000 is for administrative expenses and $500,000 is for evaluation costs. federal payment for the district of columbia national guard The bill provides $600,000 for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program. federal payment for testing and treatment of hiv/aids The bill provides $4,000,000 for the purpose of HIV/AIDS testing and treatment. federal payment to the district of columbia water and sewer authority The bill provides $8,000,000 for the District of Columbia Water and Sewer Authority. District of Columbia Funds The bill provides authority for the District of Columbia to spend its local funds in accordance with the Fiscal Year 2021 Budget Request Act of 2020. TITLE V INDEPENDENT AGENCIES Administrative Conference of the United States SALARIES AND EXPENSES The bill provides $3,400,000, to remain available until September 30, 2022, for the Administrative Conference of the United States. Commodity Futures Trading Commission (INCLUDING TRANSFERS OF FUNDS) The bill provides $304,000,000 for the Commodity Futures Trading Commission. Consumer Product Safety Commission salaries and expenses The bill provides $135,000,000 for the Consumer Product Safety Commission (CPSC). Within the amount provided, $1,300,000 is available until expended for the pool and spa safety grants program established by the Virginia Graeme Baker Pool and Spa Safety Act. Furniture Flammability Standards.--The agreement continues the direction provided to CPSC in fiscal year 2020 in Senate Report 116-111 regarding Furniture Flammability Standards. Organohalogen Flame Retardants.--The Commission should consider the National Academies of Sciences, Engineering, and Medicine's report regarding a scoping plan for addressing organohalogen flame retardants in response to the granted petition to adopt mandatory standards under the Federal Hazardous Substances Act to protect consumers from health hazards caused by the use of non-polymeric, additive form, organohalogen flame retardants in children's products, furniture, mattresses, and the casings surrounding electronics, including proposals to consider certain subcategories when determining any safe, allowable uses. Furniture Tip-Overs.--Furniture tip-overs, particularly those involving televisions and dressers, remain a serious risk to children and consumers. The Commission is urged to continue to engage with industry, consumer groups, and the public to increase efforts to limit or mitigate the risk associated with furniture tip-overs. Data Analytics.--The Commission collects and analyzes a wide range of data from a variety of sources for factual basis to identify hazards to consumers. The agreement supports the Commission's efforts to develop an agency-wide data management and analytics [[Page H8440]] strategy and hiring or designating a Chief Data Officer or Chief Technologist within the enacted full-time equivalent level. ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION Section 501 prohibits the use of Federal funds in fiscal year 2021 for the adoption or implementation of the proposed rule on ROVs until a study by the National Academy of Sciences is completed. Election Assistance Commission salaries and expenses (including transfer of funds) The bill provides $17,000,000 for the salaries and expenses of the Election Assistance Commission, of which $1,500,000 shall be transferred to the National Institute of Standards and Technology (NIST) for election reform activities authorized under the Help America Vote Act of 2002 (HAVA). Within 30 days of the transfer, the Director of NIST (or designee) shall provide to the Executive Director of EAC and the Committees an expenditure plan for the funds that includes: (1) the number and position title and office of each staff person doing work and amount of time each staff person spends on that work; (2) the specific tasks accomplished including length of time needed to accomplish the task; (3) an explanation of expenditures, including contracts and grants, and use of the EAC funding transferred to NIST (including enumeration of funds); and (4) an explanation of how the work accomplished relates to mandated activities under HAVA. Finally, the Executive Director of EAC and the Director of NIST shall work together to set priorities for the work outlined in order to meet timelines. Federal Communications Commission salaries and expenses The bill provides $341,000,000 for salaries and expenses of the Federal Communications Commission (FCC). In addition, $33,000,000 is provided for implementing the Broadband DATA Act (Public Law 116-130). The bill provides that $374,000,000 be derived from offsetting collections, resulting in no net appropriation. Broadband Maps.--In addition to adopting the House report language on Broadband Maps, the agreement provides substantial dedicated resources for the FCC to implement the Broadband DATA Act. The FCC is directed to submit a report to the Committees on Appropriations within 90 days of enactment of this Act providing a detailed spending plan for these resources. In addition, the FCC, in coordination with the NTIA, shall outline the specific roles and responsibilities of each agency as it relates to the National Broadband Map and implementation of the Broadband DATA Act. The FCC is directed to report in writing to the Committees every 30 days on the date, amount, and purpose of any new obligation made for broadband mapping and any updates to the broadband mapping spending plan. Lifeline Service.--In lieu of the House report language on Lifeline Service, the agreement notes recent action by the FCC to partially waive its rules updating the Lifeline program's minimum service standard for mobile broadband usage in light of the large increase to the standard that would have gone into effect on Dec. 1, 2020, and the increased reliance by Americans on mobile broadband as a result of the pandemic. The FCC is urged to continue to balance the Lifeline program's goals of accessibility and affordability. Low Power FM.--Low Power FM (LPFM) represents an important medium for members of local communities to access relevant, locally produced information. In particular, Low Power FM could be a powerful educational tool for sharing information on public health with communities at-risk who lack access to other media, on issues such as addiction treatment and prevention, infectious disease, or other emerging health threats. The agreement understands some entities with LPFM licenses are silent or not operating, but it is not clear how many licensed LPFM stations are not currently broadcasting an over-the-air signal. The agreement directs the FCC to report to the Committee on how it tracks silent LPFM stations or unused spectrum in the FM band and the steps it is taking to reallocate such spectrum to interested entities, including plans for upcoming filing windows for construction permits for new LPFM stations. Broadband in Remote and Insular Communities.--The agreement notes concern that many Americans live in remote and insular communities such as those in Alaska that do not have access to broadband services. The result is that these Americans, their schools, their libraries, and their health care providers have either no broadband access or access only at rates substantially higher than available to most Americans. Within 120 days, the FCC is directed to report to the Committees on its plans to consider support for broadband access to these geographically disbursed communities. Small Cell Construction.--The FCC is directed to report to the Committees on the Commission's rules concerning the construction and deployment of small cells and the Commission's application of relevant statutes. 5G Fund and Rural America.--The agreement remains concerned about the feasible deployment of 5G in rural America. Rural locations will likely run into geographic barriers and infrastructure issues preventing the robust deployment of 5G technology, just as they have faced with 4G. The FCC's proposed 5G Fund fails to provide adequate details or a targeted spend plan on creating seamless coverage in the most rural parts of the Nation. Given these concerns, the FCC is directed to report in writing on: (1) its current and future plans for prioritizing deployment of 4G coverage in rural areas, (2) its plans for 5G deployment in rural areas, and (3) its plan for improving the mapping and long-term tracking of coverage in rural areas. Enforcement of Overstated Coverage.--The agreement remains concerned about the ongoing issues of overstated coverage maps that suspended the Mobility Fund Phase II. Specifically, the agreement is concerned about the lack of enforcement action that came from the investigation into potential violations of the Mobility Fund Phase II mapping rules by carriers. Given these concerns, the FCC is directed to submit a report to the Committees within 90 days of enactment of this Act on: (1) the criteria used to determine if a carrier was found in violation of mapping rules and overstating coverage and (2) the criteria used to determine enforcement action or fines. Wireless Resiliency During Disasters.--The agreement remains concerned about the resiliency of wireless phone service during natural disasters, including wildfires. The FCC is directed to report within 180 days of enactment of this Act on the type of safety measures that wireless carriers have for their customers. 6 Gigahertz.--As the FCC has authorized unlicensed use of the 6 gigahertz band, the agreement expects the Commission to ensure its plan does not result in harmful interference to incumbent users or impact critical infrastructure communications systems. The agreement is particularly concerned about the potential effects on the reliability of the electric transmission and distribution system. The agreement expects the FCC to ensure any mitigation technologies are rigorously tested and found to be effective in order to protect the electric transmission system. The FCC is directed to provide a report to the Committees within 90 days of enactment of this Act on its progress in ensuring rigorous testing related to unlicensed use of the 6 gigahertz band. Rural Broadband.--The agreement remains concerned that far too many Americans living in rural and economically disadvantaged areas lack access to broadband at speeds necessary to fully participate in the Internet age. The agreement encourages the agency to prioritize projects in underserved areas, where the infrastructure to be installed provides access at download and upload speeds comparable to those available to Americans in urban areas. The agreement encourages the FCC to avoid efforts that could duplicate existing networks and to support deployment of last-mile broadband infrastructure to underserved areas. Further, the agreement encourages the agency to prioritize projects financed through public-private partnerships. Contraband Cell Phones.--The agreement notes continued concern regarding the exploitation of contraband cell phones in prisons and jails nationwide. The agreement urges the FCC to act on the March 24, 2017 Further Notice of Proposed Rulemaking regarding combating contraband wireless devices. The FCC should consider all legally permissible options, including the creation, or use, of ``quiet or no service zones,'' geolocation-based denial, and beacon technologies to geographically appropriate correctional facilities. In addition, the agreement encourages the FCC to adopt a rules- based approach to cellphone disabling that would require immediate disabling by a wireless carrier upon proper identification of a contraband device. The agreement recommends that the FCC move forward with its suggestion in the Fiscal Year 2019 report to this Committee, noting that ``additional field testing of jamming technology will provide a better understanding of the challenges and costs associated with the proper deployment of jamming system.'' The agreement urges the FCC to use available funds to coordinate rigorous Federal testing of jamming technology and coordinate with all relevant stakeholders to effectively address this urgent problem. Next-Generation Broadband Networks for Rural America.-- Deployment of broadband and telecommunications services in rural areas is imperative to support economic growth and public safety. However, due to geographical challenges facing mobile connectivity and fiber providers, connectivity in certain areas remains challenging. Next generation satellite- based technology is being developed to deliver direct satellite to cellular capability. The FCC is encouraged to address potential regulatory hurdles, to promote private sector development and implementation of innovative, next generation networks such as this, and to accelerate broadband and telecommunications access to all Americans. 911 Fees.--The New and Emerging Technologies 911 Improvement Act of 2008 (NET 911 Act) requires the Commission to submit an annual report to Congress on the collection and distribution of 911 and Enhanced 911 (E911) fees and charges by States. As part of the annual review, the NET 911 Act requires the Commission to report whether 911 fees and charges collected by States are being used for any purpose other than to support 911 and E911 services. The agreement encourages the FCC to work with State partners to better clarify the definition of fee diversion. [[Page H8441]] administrative provisions--federal communications commission Section 510 extends an exemption from the Antideficiency Act for the Universal Service Fund. Section 511 prohibits the FCC from changing rules governing the USF regarding single connection or primary line restrictions. Federal Deposit Insurance Corporation office of the inspector general The bill provides a transfer of $42,982,000 to fund the Office of Inspector General (OIG) for the Federal Deposit Insurance Corporation. The OIG's appropriations are derived from the Deposit Insurance Fund and the Federal Savings and Loan Insurance Corporation Resolution Fund. Federal Election Commission salaries and expenses The bill provides $71,497,000 for salaries and expenses of the Federal Election Commission. Online Campaign Advertisements.--In lieu of the House report language, the Commission is directed to brief the House and Senate Committees on Appropriations on its rulemaking proposals related to disclaimers on public communications on the internet within 90 days of enactment of this Act. Federal Labor Relations Authority salaries and expenses The bill provides $26,600,000 for the Federal Labor Relations Authority. Federal Permitting Improvement Steering Council environmental review improvement fund (including transfer of funds) The bill provides $10,000,000 for the Federal Permitting Improvement Steering Council's Environmental Review Improvement Fund. Federal Trade Commission salaries and expenses The bill provides $351,000,000 for salaries and expenses of the Federal Trade Commission (FTC). This appropriation is partially offset by premerger filing and Telemarketing Sales Rule fees estimated at $150,000,000 and $19,000,000, respectively. Consolidation and Competition in Health Care.--The agreement notes concern that consolidation among providers and insurers in the healthcare sector is leading to higher prices for American families and taxpayers. The agreement encourages the Commission to review, investigate, and challenge, where appropriate, mergers in the healthcare sector. The agreement also encourages the Commission to study barriers to entry for new providers and insurers and to conduct retrospective reviews of past mergers to determine the impacts those mergers have had on prices. Resources for Data Privacy and Security.--The agreement urges the FTC to conduct a comprehensive internal assessment measuring the agency's current efforts related to data privacy and security while separately identifying all resource-based needs of the FTC to improve in these areas. The agreement also urges the FTC to provide a report describing the assessment's findings to the Committees within 180 days of enactment of this Act. General Services Administration real property activities federal buildings fund limitations on availability of revenue (including transfer of funds) The bill provides resources from the General Services Administration (GSA) Federal Buildings Fund totaling $9,065,489,000. Old Post Office Lease Agreement.--In lieu of the House report directive captioned Old Post Office Lease Agreement, the agreement notes the findings of GSA's Office of Inspector General report JE19-002 and its recommendations. Lake Charles Courthouse.--Hurricane Laura inflicted extensive damage on the Edwin F. Hunter, Jr. U.S. Courthouse in Lake Charles, Louisiana. No later than 150 days after enactment of this Act, GSA, in consultation with the Federal Judiciary, is directed to submit to the Committees an updated housing plan and cost estimate for a new Federal Courthouse in Lake Charles, Louisiana, that fully meets the operational needs of the Federal courts and is approved by the U.S. District Court for the Western District of Louisiana. Federal Bureau of Investigation Headquarters Consolidation.--No later than 90 days after enactment of this Act, GSA shall transmit to the House and Senate Committees on Appropriations, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate, a report on the construction of a new headquarters for the Federal Bureau of Investigation in the National Capital Region. The report transmitted shall be consistent with the requirements of section 3307(b) of title 40, United States Code and include a summary of the material provisions of the construction and full consolidation of the Federal Bureau of Investigation in a new headquarters facility, including all the costs associated with site acquisition, design, management, and inspection, and a description of all buildings and infrastructure needed to complete the project. Premium Class Travel.--Concerns remain about excessive spending on premium-class airline tickets for government employees. GSA is directed to provide to the Committees the department and agency travel data compiled pursuant to 41 C.F.R. Part 300-70, Subpart B. The National Archives at Seattle.--There are significant concerns surrounding potential closure of the National Archives and Records Administration's Sand Point facility. The archival records and Federal records stored at the facility hold significant value to individuals and organizations, including State agencies, higher education institutions, researchers, scientists, Tribal members, and students. There is language directed to the National Archives and Records Administration addressing this issue. In addition, GSA is directed to brief the Committees within 90 days of enactment of this Act on its leaseback authority in relation to Public Building Reform Board recommendations and the agency requirements at the Sand Point facility. Payroll Services.--In addition to adopting the House report language on shared services, the agreement continues all directives adopted by the joint explanatory statement accompanying division C of the Consolidated Appropriations Act, 2020 (Public Law 116-93) relating to shared services. Farm Service Agency State Office Relocation.--The U.S. Department of Agriculture's Farm Service Agency (FSA) provides services and delivers results to America's farmers and ranchers. There are FSA headquarters offices located in each State as well as in counties across the U.S. However, there are concerns with recent actions taken by FSA and GSA to potentially move State offices from current locations, which provide convenient access for employees and customers, to facilities miles away with parking limitations and higher rent. There are particular concerns given the impact to farmers, ranchers, and FSA outreach. GSA is encouraged to reach an agreement with all parties so FSA can remain in existing locations when local farm communities are strongly opposed to such a move. Dirksen Courthouse.--The Dirksen Courthouse in Chicago is adjacent to vacant federally-owned buildings that are in critical disrepair. Any potential disposal or development of these properties should not result in increased security risks for the Court and other Federal agencies in the courthouse. GSA is commended for recent efforts to involve stakeholders in discussion to address the State Street properties in Chicago and encourages GSA to further engage relevant Federal stakeholders and the City of Chicago to determine appropriate solutions for the State Street properties. GSA is expected to provide advance notice to and consult with the Committees before taking any actions with respect to the potential disposal or development of these properties. Building Occupancy and Data Technology.--The Public Buildings Service's efforts to develop new tools, reports, and system enhancements to identify assets that can be more effectively utilized are applauded. In particular, the use of commercially available technology that provides accurate, building occupancy data in real time analytics while not violating security and privacy could deliver insights into the agency's work on footprint optimization and space utilization while identifying significant cost savings. GSA is encouraged to evaluate the deployment of this technology across the leased and owned Federal real estate portfolio. White Oak Expansion.--There is awareness that the Food and Drug Administration's (FDA's) growing staff will require leasing additional office locations until the 2018 Federal Research Center Master Plan for the White Oak Campus expansion can be fully implemented. To determine the lowest cost technically acceptable for a prospectus lease, GSA should consider the effect of local travel on FDA staff productivity, adjacency to existing FDA leases, and the cost of lost productivity when evaluating the costs of lease proposals. Department of Veterans Affairs Leases.--GSA is directed to report, within 90 days of enactment of this Act, on their efforts to execute lease procurement projects authorized by the VA Choice and Quality Employment Act of 2017. Construction and Acquisition.--The bill provides $230,000,000 for construction and acquisition. CONSTRUCTION AND ACQUISITION ------------------------------------------------------------------------ State Description Amount ------------------------------------------------------------------------ CT................................ Hartford, United $135,500,000 States Courthouse. TN................................ Chattanooga, United $94,500,000 States Courthouse. ------------------------------------------------------------------------ Repairs and Alterations.--The bill provides $576,581,000 for repairs and alterations. Funds are provided in the amounts indicated: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Major Repairs and Alterations.................. $203,908,000 Basic Repairs and Alterations.................. $372,673,000 ------------------------------------------------------------------------ Five-Year Capital Plan.--GSA is directed to include a five- year capital plan by project as part of its annual budget justification in fiscal year 2022. As in such plans included in previous GSA budget justifications, the plan should include the fiscal year, project name, city, state, project type, project description, prior funding to date, additional funding required, and estimated project total. Special Emphasis Projects.--$203,908,000 is provided for Major Repairs and Alterations, and $372,673,000 is provided for Basic Repairs and Alterations. While no funding is provided specifically for Special Emphasis Programs, the agreement notes that Special Emphasis projects are eligible for funding [[Page H8442]] from within Major Repairs if the project cost is above prospectus level and from within Basic Repairs if the project cost is below prospectus level. GSA is encouraged to submit detailed Fire Protection and Life Safety Program projects if necessary and request a transfer for critical projects if appropriate. Energy Savings Performance Contracts.--Greater use of Energy Savings Performance Contracts (ESPCs) is encouraged in GSA's portfolio to help reduce the building repair backlog, including upgrades that can help improve resiliency and cybersecurity. GSA is encouraged to use at least $15,000,000 within available funds for this purpose. GSA should consider the use of ESPCs when formulating future budget requests for repair projects and GSA project managers are encouraged to share project information with each other which can help identify opportunities to promote the use of ESPCs through collaboration. There are also concerns with the findings in the GSA Inspector General (GSA IG) report released on March 17, 2020, entitled ``PBS's $1.7 Billion Energy Savings Performance Contracts Are Not Achieving Energy and Cost Savings Due to Inadequate Oversight'' and it is recommended that GSA implement the GSA IG's recommendations in the report. Rental of Space.--The bill provides $5,725,464,000 for rental of space. Building Operations.--The bill provides $2,533,444,000 for building operations. general activities government-wide policy The bill provides $64,000,000 for GSA government-wide policy activities. DotGov Program.--The ``.gov'' domain, managed by GSA, was established to make it easy to identify U.S. Government websites on the Internet. Use of this domain signifies trust and credibility, and there are security benefits associated with a ``.gov'' domain, such as two-factor authentication. The agreement supports GSA's efforts to help ensure that citizens are interacting with official government websites. GSA is directed to report to the Committees no later than 120 days after enactment of this Act on additional steps that could be taken to increase adoption of ``.gov'' domains for State and local governments. Automobile Recalls.--The agreement urges the Administrator of General Services not to sell any motor vehicle or item of replacement equipment for a motor vehicle if the auto manufacturer has provided GSA a notification that the vehicle contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard where a remedy is available. Brooks Act.--GSA is directed to not award or facilitate the award of any contract for the provision of architectural, engineering, and related services in a manner inconsistent with the procedures in the Brooks Act (40 U.S.C. 1101 et seq.) and part 36.6 of the Federal Acquisition Regulation. operating expenses The bill provides $49,440,000 for operating expenses. civilian board of contract appeals The bill provides $9,301,000 for the Civilian Board of Contract Appeals. office of inspector general The bill provides $67,000,000 for the Office of Inspector General. allowances and office staff for former presidents The bill provides $4,400,000 for allowances and office staff for former Presidents. federal citizen services fund (including transfer of funds) The bill provides $55,000,000 for deposit into the Federal Citizen Services Fund (the Fund) and authorizes use of appropriations, revenues and collections in the Fund in an aggregate amount not to exceed $100,000,000. Foundations for Evidence-Based Policymaking Act.--The agreement includes up to $5,000,000 for implementation of the Foundations for Evidence-Based Policymaking Act (Public Law 115-435). EXPENSES, PRESIDENTIAL TRANSITION (INCLUDING TRANSFERS OF FUNDS) The bill provides $9,900,000 for activities authorized by the Presidential Transition Act of 1963, as amended. TECHNOLOGY MODERNIZATION FUND The bill provides $25,000,000 for the Technology Modernization Fund. ASSET PROCEEDS AND SPACE MANAGEMENT FUND The bill provides $16,000,000 for the Asset Proceeds and Space Management Fund. ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) Section 520 specifies that funds are available for hire of motor vehicles. Section 521 authorizes transfers within the Federal Buildings Fund, with advance approval of the Committees on Appropriations of the House and Senate. Section 522 requires transmittal of a fiscal year 2022 request for courthouse construction that meets design guide standards, reflects the priorities in the Judicial Conference's 5-year construction plan, and includes a standardized courtroom utilization study. Section 523 specifies that funds in this Act may not be used to increase the amount of occupiable space or provide services such as cleaning or security for any agency that does not pay the rental charges assessed by GSA. Section 524 permits GSA to pay certain construction-related claims against the Federal Government from savings achieved in other projects. Section 525 requires that the delineated area of procurement for leased space match the approved prospectus, unless the Administrator provides an explanatory statement to the appropriate congressional committees. Section 526 requires a spending plan for certain accounts and programs. Harry S Truman Scholarship Foundation SALARIES AND EXPENSES The bill provides $2,000,000 for payment to the Harry S Truman Scholarship Foundation Trust Fund. Merit Systems Protection Board SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $46,835,000, to remain available until September 30, 2022, for the salaries and expenses of the Merit Systems Protection Board. Within the amount provided, $44,490,000 is a direct appropriation and $2,345,000 is a transfer from the Civil Service Retirement and Disability Fund to adjudicate retirement appeals. Morris K. Udall and Stewart L. Udall Foundation MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND (INCLUDING TRANSFER OF FUNDS) The bill provides $1,800,000 for payment to the Morris K. Udall and Stewart L. Udall Trust Fund. ENVIRONMENTAL DISPUTE RESOLUTION FUND The bill provides $3,200,000 for payment to the Environmental Dispute Resolution Fund. National Archives and Records Administration OPERATING EXPENSES The bill provides $377,000,000 for the operating expenses of the National Archives and Records Administration (NARA). Of this amount, $9,230,000 shall remain available until expended for improvements necessary to enhance the Federal Government's ability to electronically preserve, manage, and store Government records, and up to $2,000,000 shall remain available until expended to implement the Civil Rights Cold Case Records Collection Act of 2018 (Public Law 115-426). The bill provides $18,000,000 to carry out NARA's transition responsibilities under the Presidential Records Act of 1978. Digitization of Records.--It is profoundly disappointing that NARA has failed to keep its commitment to digitize and post online using an easy-to-find, navigable, and searchable platform the Territorial and Federal records generated in Alaska since they were moved from Anchorage to Seattle more than 5 years ago. As a result, NARA's failures have seriously jeopardized the agreement's faith in other commitments that NARA has made. NARA is directed to continue consulting with Alaska Native Tribes and Tribal organizations, Alaskan historical societies, the State of Alaska, university libraries and archives, and other stakeholders to update its understanding of which records have been identified as priorities for access and the most effective methods of maintaining meaningful access to those records. Further, NARA is directed to submit a report to the Committees, within 120 days of enactment of this Act, detailing its full and robust consultations and its plan to digitize, index, and post online the records identified as priorities by Alaskans. Further, NARA is directed to report to the Committees any challenges that inhibit NARA's ability to digitize and post online those records that have been identified as priorities by Alaskan stakeholders that have personally identifiable information such as Social Security numbers and require redaction. Lastly, NARA is directed to promptly notify the Committees of unforeseen obstacles or resource constraints that adversely impacts this initiative. Sand Point.--There are significant concerns surrounding the potential closure of NARA's Sand Point, Washington, facility. The archival records and Federal records stored at the facility hold significant value to individuals and organizations, including State agencies, higher education institutions, researchers, scientists, Tribal members, and students. NARA is directed to consult with the General Services Administration (GSA), the Public Buildings Reform Board (PBRB), and the State of Washington in the ongoing discussions regarding the digitization of archival and Federal records currently stored at NARA's facility in Sand Point or their relocation to an existing or planned facility owned by the State of Washington. NARA, in consultation with GSA and PBRB, shall submit to the Committees within 180 days of enactment of this Act a report on the feasibility of digitization and/or co-location of NARA materials in an existing or planned facility, the amount of funding that would be necessary, and any potential barriers to co- location. The report should also include a comparison of the digitization and co-location alternatives and identify a preferred alternative. OFFICE OF INSPECTOR GENERAL The bill provides $4,823,000 for the Office of Inspector General. REPAIRS AND RESTORATION The bill provides $9,500,000 for repairs and restoration. Harry S Truman Presidential Library.--The agreement is pleased with the Truman Library Institute's plans for expanding community and educational outreach at the Harry S Truman Presidential Library that will significantly benefit the local community, residents of the State of Missouri, and [[Page H8443]] visitors from all over the country. The agreement will continue to monitor project developments to ensure infrastructure repairs needs identified throughout the course of the project are addressed. NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM The bill provides $6,500,000 for the National Historical Publications and Records Commission (NHPRC) grants program. National Credit Union Administration COMMUNITY DEVELOPMENT REVOLVING LOAN FUND The bill provides $1,500,000 for the Community Development Revolving Loan Fund. Office of Government Ethics SALARIES AND EXPENSES The bill provides $18,600,000 for salaries and expenses of the Office of Government Ethics. Office of Personnel Management SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) The bill provides $329,755,000 for salaries and expenses of the Office of Personnel Management (OPM). Within the amount provided, $160,130,000 is a direct appropriation and $169,625,000 is a transfer from OPM trust funds. The bill provides at least $9,000,000 to remain available until expended for OPM to improve information technology infrastructure modernization and the Trust Fund Federal Financial System migration or modernization. Additional funding is provided above the request to address OPM's common services gap and IT modernization needs. IT Modernization.--OPM is directed to continue to provide quarterly briefings to the Committees on its IT transformation and cybersecurity strategy. Treatment of Multi-County Micropolitan Statistical Areas.-- OPM is directed to provide a detailed report within 60 days of enactment of this Act on why multi-county micropolitan statistical areas aren't treated as multi-county metropolitan statistical areas for the purpose of calculating eligibility for locality pay, including the criteria OPM would view as necessary for such equal treatment to occur. Further, OPM shall brief the Committees on this matter no later than 90 days after enactment of this Act. Responsiveness to Congress.--OPM is expected to fully comply with information requests from the Committees. In instances when information or reports are deemed agency- sensitive, OPM is expected to be transparent and work collectively with the Committees to ensure that Congress has access to information critical to its functions. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) The bill provides $32,265,000 for salaries and expenses of the Office of Inspector General. Within the amount provided, $5,000,000 is a direct appropriation and $27,265,000 is a transfer from OPM trust funds. Office of Special Counsel SALARIES AND EXPENSES The bill includes $29,500,000 for salaries and expenses of the Office of Special Counsel. Postal Regulatory Commission SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $17,000,000 for the salaries and expenses of the Postal Regulatory Commission. Privacy and Civil Liberties Oversight Board SALARIES AND EXPENSES The bill provides $8,500,000 for salaries and expenses of the Privacy and Civil Liberties Oversight Board. Public Buildings Reform Board SALARIES AND EXPENSES The bill provides $3,500,000 for salaries and expenses of the Public Buildings Reform Board. Securities and Exchange Commission SALARIES AND EXPENSES The bill provides $1,894,835,000 for the Securities and Exchange Commission (SEC). Of that amount, the bill allocates no less than $16,313,000 for the Office of Inspector General. In addition, another $18,650,000 and $12,677,000 is provided for move, replication, and related costs associated with replacement leases for the Commission's District of Columbia headquarters and the Commission's San Francisco Regional Office facilities, respectively. All funds are derived from offsetting collections, resulting in no net appropriation. Climate Change Risks to Municipal Bond Markets.--The agreement does not adopt the House report directive on state and local municipal bond markets. Reserve Fund Notifications.--The SEC's adherence to its obligation to notify Congress of the date, amount, and purpose of any obligation from the Reserve Fund within 10 days of such obligation is appreciated. The SEC is directed, in its written notifications to Congress required by 15 U.S.C. 78d(i)(3), to specify: (1) the balance in the fund remaining available after the obligation is deducted; (2) the estimated total cost of the project for which amounts are being deducted; (3) the total amount for all projects that have withdrawn funding from the fund since fiscal year 2012; and (4) the estimated amount, per project, that will be required to complete all ongoing projects which use funding derived from the fund. The SEC is also directed to submit, within 30 days of enactment of this Act, a detailed spending plan for the allocation of expenditures from the fund. Municipal Securities Rulemaking Board.--The agreement notes deep concerns by apparent profligacy at the Municipal Securities Rulemaking Board (MSRB), a ``self-regulatory organization'' established by Congress and overseen by the SEC. The agreement expects the SEC to exercise rigorous oversight of the MSRB to curtail its penchant for prodigal behavior. Selective Service System SALARIES AND EXPENSES The bill provides $26,000,000 for the salaries and expenses of the Selective Service System. Small Business Administration SALARIES AND EXPENSES The bill provides $270,157,000 for salaries and expenses of the Small Business Administration (SBA). The agreement includes at least $12,000,000 for the SBA's Office of Credit Risk Management (OCRM) for lender oversight and risk-based reviews. Funding for the Office of General Counsel is provided separately from this total. OCRM must play a key role in eliminating waste, fraud, and abuse in the SBA lending programs and protecting taxpayer losses on loans by ensuring lenders comply with procedures that mitigate the risk of loss under the SBA's loan programs. 504 Loan Program Data.--SBA is directed to publish 504 program data at the end of fiscal year 2021, including but not limited to loan default rates by sector and number of jobs created or retained under the project. Fiscal Year 2022 Budget.--SBA is directed to provide to the Committees no later than 30 days after the release of the President's budget a summary of the model subsidy assumptions or inputs that most significantly impact the model outputs. Small Business Investment Company (SBIC) Licensing.--SBA is directed to provide quarterly updates to the House and Senate Appropriations Committee, the Senate Committee on Small Business and Entrepreneurship, and the House Committee on Small Business on SBIC approval rates. SBIC Collaboration.--SBA is directed to continue its collaborative effort with the SEC to ensure effective oversight of SBICs and the protection of SBIC investors. Size Standards.--There are concerns about restrictive size standards for wildland firefighting and fuels management contracts. SBA is encouraged to work with the Department of the Interior and the Forest Service to address size standards for North American Industry Classification System Code 115310 to ensure that the standard reflects the increase in costs associated with forest firefighting. Outreach to Native Americans.--There are concerns that SBA is not developing and using training modules that are accessible to Native American owned entities. SBA is encouraged to conduct Tribal consultations on all issues that affect Native American owned entities, not issues that solely affect Native American owned entities, and to provide training to its staff on conducting Tribal consultation, delivered by the Office of the National Ombudsman with the Office of Native American Affairs and the Associate General Counsel for Procurement Law. Poultry Farmers.--There are concerns that the regulation entitled ``Express Loan Programs; Affiliation Standards'' will make it more difficult for poultry growers to access SBA loans and will serve to further drive rural Americans out of SBA's loan programs. SBA is urged to reconsider this rule to ensure that the operations of family farms across the country are not adversely impacted. ENTREPRENEURIAL DEVELOPMENT PROGRAMS The bill provides $272,000,000 for SBA Entrepreneurial Development Programs. ------------------------------------------------------------------------ Program ($000) ------------------------------------------------------------------------ 7(j) Technical Assistance Program (Contracting Assistance). 2,800 Entrepreneurship Education................................. 2,500 Federal and State Technology (FAST) Partnership Program.... 4,000 Growth Accelerators........................................ 2,000 HUBZone Program............................................ 3,000 Microloan Technical Assistance............................. 35,000 National Women's Business Council.......................... 1,500 Native American Outreach................................... 2,000 PRIME Technical Assistance................................. 5,500 Regional Innovation Clusters............................... 6,000 SCORE...................................................... 12,200 Small Business Development Centers (SBDC).................. 136,000 State Trade Expansion Program (STEP)....................... 19,500 Veterans Outreach.......................................... 14,000 Women's Business Centers (WBC)............................. 23,000 Cybersecurity for Small Business Pilot Program............. 3,000 ------------ Total, Entrepreneurial Development Programs.............. 272,000 ------------------------------------------------------------------------ SBA is directed to modify its existing budgeting process to allow its resource partners, including SBDCs, WBCs, and SCORE, to submit budget proposals that are in line with the enacted level for discretionary appropriations for the respective programs in the previous fiscal year rather than solely considering the proposed budget request level, which in recent years has not been reflected of the level ultimately enacted by Congress. Grants Management System.--SBA is directed to provide a report within 30 days of enactment of this Act on the implementation of a new grants management system and the timeline for completion. Federal and State Technology Partnership (FAST) Program.-- The agreement notes the [[Page H8444]] FAST program's efforts to reach innovative, technology-driven small businesses and to leverage the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) program to stimulate economic development. The FAST program is particularly important in States that are seeking to build high technology industries but are underrepresented in the SBIR/STTR programs. Small Business and Technology Development Centers (SBTDCs) serve small businesses in these fields and are accredited to provide intellectual property and technology commercialization assistance to businesses in high technology industries. Of the amount provided for FAST, $1,000,000 shall be for FAST awards to SBTDCs fully accredited for technology designation as of December 31, 2020. Growth Accelerators.--Within amounts provided for growth accelerators, SBA shall prioritize funding to applications from rural areas that have not previously received an award. Small Business Development Centers.--The Administrator of the SBA shall, to the extent practicable and subject to the availability of funds, ensure that a small business development center is appropriately reimbursed within the same fiscal year in which the expenses are submitted for reimbursement for any and all legitimate expenses incurred in carrying out activities under section 21(a)(1) et seq. of the Small Business Act (15 U.S.C. 648(a)(1) et seq.). Veterans Entrepreneur Pilot Program.--SBA is directed to expeditiously submit to the Committees a report on a Veterans Entrepreneur Pilot Program as required by the Consolidated Appropriations Act, 2020 (Public Law 116-93), which is now six months overdue. Cybersecurity for Small Businesses Pilot Program.--The agreement includes $3,000,000 for a Cybersecurity Assistance Pilot Program that will competitively award up to three grants to States to provide new small businesses with access to cybersecurity tools during their formative and most vulnerable years. OFFICE OF INSPECTOR GENERAL The bill provides $22,011,000 for the Office of Inspector General. OFFICE OF ADVOCACY The bill provides $9,190,000 for the Office of Advocacy. BUSINESS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The bill provides $180,300,000 for the Business Loans Program Account. DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The bill provides $168,075,000 for the administrative costs of the Disaster Loans Program, of which $142,864,000 is designated as being for disaster relief for major disasters pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. 2017 Hurricane Recommendations.--SBA is encouraged to take action to implement the five recommendations for Executive Action made by GAO in its report entitled, ``Disaster Loan Processing Was Timelier, but Planning Improvements and Pilot Program Evaluation Needed.'' Disaster Loan Assistance Portal.--SBA is encouraged to prioritize funding to migrate the Disaster Loan Assistance Portal to the cloud to improve the user experience by making it more accessible and intuitive. In updating the portal, SBA should enhance its systems to accommodate larger megapixel documents. In addition, SBA is urged to develop a Disaster Loan Mobile Application, in consultation with appropriate individuals and entities from the public and private sectors. Business Recovery Centers.--SBA is encouraged to continue its close collaboration with the Federal Emergency Management Agency (FEMA) during disaster recovery and consider additional co-location of Business Recovery Centers and Disaster Recovery Centers where economically practicable. SBA is directed to submit a report to the Committees within 120 days of enactment of this Act on the feasibility of additional co-location so that SBA and FEMA are not searching for, opening and operating separate facilities in the aftermath of disasters. Virtual Recovery Centers.--In many parts of the country, broadband Internet access can be difficult to find following a disaster, and Americans cannot always afford to wait to begin the recovery process until power and Internet is restored. As a result, SBA's decision to host virtual recovery centers in lieu of traditional boots-on-the-ground recovery centers in the aftermath of Hurricane Laura and other natural disasters that have occurred in 2020 could unnecessarily prolong the recovery process for many individuals and small businesses. SBA is urged to reconsider this decision. SBA Disaster Loan Duplication of Assistance.--There is concern that some disaster victims are penalized with disaster benefit reductions if they apply for SBA disaster loans, but wind up not taking the loan when other Federal assistance is awarded. SBA is urged to issue guidance relating to the consideration of whether an applicant for assistance from the grantee applied and was approved for, but declined assistance to the major disaster from the Administration under section 7(b) of the Small Business Act. ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) Section 540 provides transfer authority and availability of funds. Section 541 authorizes the transfer of funding available under the SBA ``Salaries and Expenses'' and ``Business Loans Program Account'' appropriations into the SBA Information Technology System Modernization and Working Capital Fund. United States Postal Service PAYMENT TO THE POSTAL SERVICE FUND The bill provides $55,333,000 for a payment to the Postal Service Fund. Postal Banking Pilot Programs.--The agreement does not adopt the House report directive on postal banking pilot programs. Negotiated Service Agreements.--The USPS is encouraged to use the authority provided under 39 U.S.C. 3622(c)(10)(A)(i) to improve its financial position. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) The bill provides $250,000,000 for the Office of Inspector General. United States Tax Court SALARIES AND EXPENSES The bill provides $56,100,000 for salaries and expenses of the United States Tax Court, of which not to exceed $3,000 is available for official reception and representation expenses. TITLE VI GENERAL PROVISIONS--THIS ACT (INCLUDING RESCISSION OF FUNDS) Section 601 prohibits pay and other expenses of non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. Section 602 prohibits obligations beyond the current fiscal year and prohibits transfers of funds unless expressly provided. Section 603 limits expenditures for any consulting service through procurement contracts to those contracts where such expenditures are a matter of public record and available for public inspection. Section 604 prohibits funds in this Act from being transferred without express authority. Section 605 prohibits the use of funds to engage in activities that would prohibit the enforcement of section 307 of the Tariff Act of 1930 (46 Stat. 590). Section 606 prohibits the use of funds unless the recipient agrees to comply with the Buy American Act. Section 607 prohibits funding for any person or entity convicted of violating the Buy American Act. Section 608 authorizes the reprogramming of funds and specifies the reprogramming procedures for agencies funded by this Act. Section 609 ensures that 50 percent of unobligated balances may remain available for certain purposes. Section 610 restricts the use of funds for the Executive Office of the President to request official background reports from the Federal Bureau of Investigation without the written consent of the individual who is the subject of the report. Section 611 ensures that the cost accounting standards shall not apply with respect to a contract under the Federal Employees Health Benefits Program. Section 612 allows the use of certain funds relating to nonforeign area cost-of-living allowances. Section 613 prohibits the expenditure of funds for abortions under the Federal Employees Health Benefits Program. Section 614 provides an exemption from section 613 if the life of the mother is in danger or the pregnancy is a result of an act of rape or incest. Section 615 waives restrictions on the purchase of nondomestic articles, materials, and supplies in the case of acquisition by the Federal Government of information technology. Section 616 prohibits the acceptance by agencies or commissions funded by this Act, or by their officers or employees, of payment or reimbursement for travel, subsistence, or related expenses from any person or entity (or their representative) that engages in activities regulated by such agencies or commissions. Section 617 requires agencies covered by this Act with independent leasing authority to consult with the General Services Administration before seeking new office space or making alterations to existing office space. Section 618 provides for several appropriated mandatory accounts, where authorizing language requires the payment of funds for Compensation of the President, the Judicial Retirement Funds (Judicial Officers' Retirement Fund, Judicial Survivors' Annuities Fund, and the United States Court of Federal Claims Judges' Retirement Fund), the Government Payment for Annuitants for Employee Health Benefits and Employee Life Insurance, and the Payment to the Civil Service Retirement and Disability Fund. In addition, language is included for certain retirement, healthcare, and survivor benefits required by 3 U.S.C. 102 note. Section 619 prohibits funds for the Federal Trade Commission to complete the draft report on food marketed to children unless certain requirements are met. Section 620 provides authority for Chief Information Officers over information technology spending. Section 621 prohibits funds from being used in contravention of the Federal Records Act. Section 622 relates to electronic communications. [[Page H8445]] Section 623 relates to Universal Service Fund payments for wireless providers. Section 624 prohibits funds to be used to deny Inspectors General access to records. Section 625 relates to pornography and computer networks. Section 626 prohibits funds to pay for award or incentive fees for contractors with below satisfactory performance. Section 627 relates to conference expenditures. Section 628 prohibits funds made available under this Act from being used to fund first-class or business-class travel in contravention of Federal regulations. Section 629 provides $850,000 for the Inspectors General Council Fund for expenses related to www.oversight.gov. Section 630 relates to contracts for public relations services. Section 631 prohibits funds for the SEC to finalize, issue, or implement any rule, regulation, or order requiring the disclosure of political contributions, contributions to tax- exempt organizations, or dues paid to trade associations in SEC filings. Section 632 is a new provision relating to advertising and educational programming. Section 633 is a new provision relating to statements regarding projects or programs funded by this agreement. Section 634 rescinds $75,000,000 in unobligated balances from the Department of the Treasury, Treasury Forfeiture Fund. Section 635 is a new provision requiring agencies funded in this Act to submit to the Committees quarterly budget reports on obligations. TITLE VII GENERAL PROVISIONS--GOVERNMENT-WIDE Departments, Agencies, and Corporations (INCLUDING TRANSFER OF FUNDS) Section 701 requires agencies to administer a policy designed to ensure that all its workplaces are free from the illegal use of controlled substances. Section 702 sets specific limits on the cost of passenger vehicles purchased by the Federal Government with exceptions for police, heavy duty, electric hybrid, and clean fuels vehicles and with an exception for commercial vehicles that operate on emerging motor vehicle technology. Section 703 allows funds made available to agencies for travel to also be used for quarters allowances and cost-of- living allowances. Section 704 prohibits the Government, with certain specified exceptions, from employing non-U.S. citizens whose posts of duty would be in the continental United States. Section 705 ensures that agencies will have authority to pay the General Services Administration for space renovation and other services. Section 706 allows agencies to use receipts from the sale of materials for acquisition, waste reduction and prevention, environmental management programs, and other Federal employee programs. Section 707 provides that funds for administrative expenses may be used to pay rent and other service costs in the District of Columbia. Section 708 precludes interagency financing of groups absent prior statutory approval. Section 709 prohibits the use of appropriated funds for enforcing regulations disapproved in accordance with the applicable law of the United States. Section 710 limits the amount that can be used for redecoration of offices under certain circumstances. Section 711 permits interagency funding of national security and emergency preparedness telecommunications initiatives, which benefit multiple Federal departments, agencies, and entities. Section 712 requires agencies to certify that a schedule C appointment was not created solely or primarily to detail the employee to the White House. Section 713 prohibits the use of funds to prevent Federal employees from communicating with Congress or to take disciplinary or personnel actions against employees for such communication. Section 714 prohibits Federal training not directly related to the performance of official duties. Section 715 prohibits the use of appropriated funds for publicity or propaganda designed to support or defeat legislation pending before Congress. Section 716 prohibits the use of appropriated funds by an agency to provide home addresses of Federal employees to labor organizations, absent employee authorization or court order. Section 717 prohibits the use of appropriated funds to provide nonpublic information such as mailing or telephone lists to any person or organization outside of the Government without approval of the Committees on Appropriations of the House and Senate. Section 718 prohibits the use of appropriated funds for publicity or propaganda purposes within the United States not authorized by Congress. Section 719 directs agencies' employees to use official time in an honest effort to perform official duties. Section 720 authorizes the use of current fiscal year funds to finance an appropriate share of the Federal Accounting Standards Advisory Board administrative costs. Section 721 authorizes the transfer of funds to the General Services Administration to finance an appropriate share of various Government-wide boards and councils under certain conditions. Section 722 authorizes breastfeeding at any location in a Federal building or on Federal property. Section 723 permits interagency funding of the National Science and Technology Council and requires an Office of Management and Budget report on the budget and resources of the Council. Section 724 requires identification of the Federal agencies providing Federal funds and the amount provided for all proposals, solicitations, grant applications, forms, notifications, press releases, or other publications related to the distribution of funding to a State. Section 725 prohibits the use of funds to monitor personal information relating to the use of Federal Internet sites. Section 726 regards contraceptive coverage under the Federal Employees Health Benefits Plan. Section 727 recognizes that the United States is committed to ensuring the health of the Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport activities. Section 728 allows departments and agencies to use official travel funds to participate in the fractional aircraft ownership pilot programs. Section 729 prohibits funds for implementation of OPM regulations limiting detailees to the legislative branch and placing certain limitations on the Coast Guard Congressional Fellowship program. Section 730 restricts the use of funds for Federal law enforcement training facilities with an exception for the Federal Law Enforcement Training Center. Section 731 prohibits executive branch agencies from creating or funding prepackaged news stories that are broadcast or distributed in the United States unless specific notification conditions are met. Section 732 prohibits funds used in contravention of the Privacy Act, section 552a of title 5, United States Code or section 522.224 of title 48 of the Code of Federal Regulations. Section 733 prohibits funds in this or any other Act from being used for Federal contracts with inverted domestic corporations or other corporations using similar inverted structures, unless the contract preceded this Act or the Secretary grants a waiver in the interest of national security. Section 734 requires agencies to remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's (OPM) average unit cost of processing a retirement claim for the preceding fiscal year to be available to the OPM for the cost of processing retirements of employees who separate under Voluntary Early Retirement Authority or who receive Voluntary Separation Incentive Payments. Section 735 prohibits funds to require any entity submitting an offer for a Federal contract to disclose political contributions. Section 736 prohibits funds for the painting of a portrait of an employee of the Federal Government including the President, the Vice President, a Member of Congress, the head of an executive branch agency, or the head of an office of the legislative branch. Section 737 limits the pay increases of certain prevailing rate employees. Section 738 requires reports to Inspectors General concerning expenditures for agency conferences. Section 739 prohibits the use of funds to increase, eliminate, or reduce a program or project unless such change is made pursuant to reprogramming or transfer provisions. Section 740 prohibits the Office of Personnel Management or any other agency from using funds to implement regulations changing the competitive areas under reductions-in-force for Federal employees. Section 741 prohibits the use of funds to begin or announce a study or a public-private competition regarding the conversion to contractor performance of any function performed by civilian Federal employees pursuant to Office of Management and Budget Circular A-76 or any other administrative regulation, directive, or policy. Section 742 ensures that contractors are not prevented from reporting waste, fraud, or abuse by signing confidentiality agreements that would prohibit such disclosure. Section 743 prohibits the expenditure of funds for the implementation of agreements in certain nondisclosure policies unless certain provisions are included in the policies. Section 744 prohibits funds to any corporation with certain unpaid Federal tax liabilities unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. Section 745 prohibits funds to any corporation that was convicted of a felony criminal violation within the preceding 24 months unless an agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. Section 746 relates to the Consumer Financial Protection Bureau (CFPB). Given the need for transparency and accountability in the Federal budgeting process, the CFPB is directed to provide an informal, nonpublic full briefing at least annually before the relevant Appropriations subcommittee on the CFPB's finances and expenditures. Section 747 addresses possible technical scorekeeping differences for fiscal year 2021 [[Page H8446]] between the Office of Management and Budget and the Congressional Budget Office. Section 748 eliminates automatic statutory pay increase for the Vice President, political appointees paid under the executive schedule, ambassadors who are not career members of the Foreign Service, political appointed (noncareer) Senior Executive Service employees, and any other senior political appointee paid at or above level IV of the executive schedule. Section 749 declares the inapplicability of these general provisions to title IV and title VIII. TITLE VIII GENERAL PROVISIONS--DISTRICT OF COLUMBIA (INCLUDING TRANSFERS OF FUNDS) Section 801 allows the use of local funds for making refunds or paying judgments against the District of Columbia government. Section 802 prohibits the use of Federal funds for publicity or propaganda designed to support or defeat legislation before Congress or any State legislature. Section 803 establishes reprogramming procedures for Federal funds. Section 804 prohibits the use of Federal funds for the salaries and expenses of a shadow U.S. Senator or U.S. Representative. Section 805 places restrictions on the use of District of Columbia government vehicles. Section 806 prohibits the use of Federal funds for a petition or civil action which seeks to require voting rights for the District of Columbia in Congress. Section 807 prohibits the use of Federal funds in this Act to distribute, for the purpose of preventing the spread of blood borne pathogens, sterile needles or syringes in any location that has been determined by local public health officials or local law enforcement authorities to be inappropriate for such distribution. Section 808 concerns a ``conscience clause'' on legislation that pertains to contraceptive coverage by health insurance plans. Section 809 prohibits Federal funds to enact or carry out any law, rule, or regulation to legalize or reduce penalties associated with the possession, use or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative. In addition, section 809 prohibits Federal and local funds to enact any law, rule, or regulation to legalize or reduce penalties associated with the possession, use or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative for recreational purposes. Section 810 prohibits the use of funds for abortion except in the cases of rape or incest or if necessary, to save the life of the mother. Section 811 requires the CFO to submit a revised operating budget no later than 30 calendar days after the enactment of this Act for agencies the CFO certifies as requiring a reallocation in order to address unanticipated program needs. Section 812 requires the CFO to submit a revised operating budget for the District of Columbia Public Schools, no later than 30 calendar days after the enactment of this Act, which aligns schools' budgets to actual enrollment. Section 813 allows for transfers of local funds between operating funds and capital and enterprise funds. Section 814 prohibits the obligation of Federal funds beyond the current fiscal year and transfers of funds unless expressly provided herein. Section 815 provides that not to exceed 50 percent of unobligated balances from Federal appropriations for salaries and expenses may remain available for certain purposes. This provision will apply to the District of Columbia Courts, the Court Services and Offender Supervision Agency and the District of Columbia Public Defender Service. Section 816 appropriates local funds during fiscal year 2022 if there is an absence of a continuing resolution or regular appropriation for the District of Columbia. Funds are provided under the same authorities and conditions and in the same manner and extent as provided for in fiscal year 2021. Section 817 provides the District of Columbia authority to transfer, receive, and acquire lands and funding it deems necessary for the construction and operation of interstate bridges over navigable waters, including related infrastructure, for a project to expand commuter and regional passenger rail service and provide bike and pedestrian access crossings. Section 818 is a new provision requiring each Federal and District government agency appropriated Federal funding in this Act to submit to the Committees quarterly budget reports on obligations. Section 819 specifies that references to ``this Act'' in this title or title IV are treated as referring only to the provisions of this title and title IV. TITLE IX GENERAL PROVISION--EMERGENCY FUNDING Section 901 provides $50,000,000 in emergency funding for the National Archives and Records Administration's Records Center Revolving Fund to offset the losses resulting from the coronavirus pandemic of user fees collected by the fund. These funds may be used to accelerate the processing of requests for military service records. This division may be cited as ``Financial Services and General Government Appropriations Act, 2021.'' [[Page H8447]] [GRAPHIC] [TIFF OMITTED] TH21DE20.412 [[Page H8448]] [GRAPHIC] [TIFF OMITTED] TH21DE20.413 [[Page H8449]] [GRAPHIC] [TIFF OMITTED] TH21DE20.414 [[Page H8450]] [GRAPHIC] [TIFF OMITTED] TH21DE20.415 [[Page H8451]] [GRAPHIC] [TIFF OMITTED] TH21DE20.416 [[Page H8452]] [GRAPHIC] [TIFF OMITTED] TH21DE20.417 [[Page H8453]] [GRAPHIC] [TIFF OMITTED] TH21DE20.418 [[Page H8454]] [GRAPHIC] [TIFF OMITTED] TH21DE20.419 [[Page H8455]] [GRAPHIC] [TIFF OMITTED] TH21DE20.420 [[Page H8456]] [GRAPHIC] [TIFF OMITTED] TH21DE20.421 [[Page H8457]] [GRAPHIC] [TIFF OMITTED] TH21DE20.422 [[Page H8458]] [GRAPHIC] [TIFF OMITTED] TH21DE20.423 [[Page H8459]] [GRAPHIC] [TIFF OMITTED] TH21DE20.424 [[Page H8460]] [GRAPHIC] [TIFF OMITTED] TH21DE20.425 [[Page H8461]] [GRAPHIC] [TIFF OMITTED] TH21DE20.426 [[Page H8462]] [GRAPHIC] [TIFF OMITTED] TH21DE20.427 [[Page H8463]] [GRAPHIC] [TIFF OMITTED] TH21DE20.428 [[Page H8464]] [GRAPHIC] [TIFF OMITTED] TH21DE20.429 [[Page H8465]] [GRAPHIC] [TIFF OMITTED] TH21DE20.430 [[Page H8466]] DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021 The following is an explanation of Division F, which makes appropriations for the Department of Homeland Security (DHS) for fiscal year 2021. Funding provided in this agreement not only sustains existing programs that protect the nation from all manner of threats, it ensures DHS's ability to improve preparedness at the federal, state, local, tribal, and territorial levels; prevent and respond to terrorist attacks; and hire, train, and equip DHS frontline forces protecting the homeland. The joint explanatory statement accompanying this division is approved and indicates congressional intent. Unless otherwise noted, the language set forth in House Report 116- 458 carries the same weight as language included in this joint explanatory statement and should be complied with unless specifically addressed to the contrary in this joint explanatory statement. While some language is repeated for emphasis, it is not intended to negate the language referred to above unless expressly provided herein. When this joint explanatory statement refers to the Committees or the Committees on Appropriations, these references are to the House Appropriations Subcommittee on Homeland Security and the Senate Appropriations Subcommittee on Homeland Security. This joint explanatory statement refers to certain entities, persons, funds, and documents as follows: the Department of Homeland Security is referenced as DHS or the Department; the Government Accountability Office is referenced as GAO; and the Office of Inspector General of the Department of Homeland Security is referenced as OIG. In addition, ``full-time equivalents'' are referred to as FTE; ``Information Technology'' is referred to as IT; ``program, project, and activity'' is referred to as PPA; any reference to ``the Secretary'' should be interpreted to mean the Secretary of Homeland Security; ``component'' should be interpreted to mean an agency, administration, or directorate within DHS; any reference to SLTT should be interpreted to mean state, local, tribal, and territorial; and ``budget request'' or ``the request'' should be interpreted to mean the budget of the U.S. Government for fiscal year 2021 that was submitted to Congress on February 10, 2020. TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT Office of the Secretary and Executive Management OPERATIONS AND SUPPORT The agreement includes an increase of $30,460,000 above the budget request, including program increases above the request of: $2,000,000 for the Office of Strategy, Policy, and Plans for the Immigration Data Integration Initiative; $7,900,000 for the Office for Civil Rights and Civil Liberties (OCRCL); $20,000,000 for the Office of the Immigration Detention Ombudsman (OIDO); and $1,500,000 for the Office of Partnership and Engagement. In addition, the agreement provides $3,545,000 above the request to maintain current services, including $1,227,000 for the Privacy Office; $1,741,000 for OCRCL; and $577,000 for the Office of the Citizenship and Immigration Services Ombudsman. The agreement reduces funding a total of $4,485,000 below the request, including reductions of $1,889,000 associated with personnel cost adjustments and $2,596,000 associated with the proposed Joint Cyber Coordination Group. Biometric Exit.--Not later than 30 days after the date of enactment of this Act, the Department is directed to provide an expenditure plan for H-1B and L-1 fee revenue and any other resources to be applied to biometric exit implementation. The Secretary is encouraged to continue working with the Government of Mexico to adopt technology infrastructure that would support entry and exit data exchange. Not later than 180 days after the date of enactment of this Act, the Department shall brief the Committees on its ongoing efforts to address entry and exit data collection and exchange in the land border environment. Blue Campaign.--The agreement includes $2,600,000 for the Blue Campaign, an increase of $1,000,000 above the request to continue the transition of the program to direct appropriations and away from a reliance on component contributions. The Department is directed to sustain not less than $3,000,000 in component contributions in fiscal year 2021 to support a total funding level of $5,600,000. The Department is directed to fully account for Blue Campaign funding support in future budget submissions and is urged to continue transitioning the program to direct appropriations. DATA Act Reporting.--The Department is directed to submit timely, accurate, and complete financial and award information in accordance with established management guidance, reporting processes, and data standards established under the requirements of the Digital Accountability and Transparency Act (Public Law 113-101). Family Separations and Reunification.--Whenever possible and consistent with the best interests of the child, the Department shall ensure that separated family units are reunited prior to removal or release from U.S. Customs and Border Protection (CBP) custody and remain together upon transfer to U.S. Immigration and Customs Enforcement (ICE) or Office of Refugee Resettlement (ORR) custody. Individuals transferred from CBP to ICE custody, currently in ICE custody, or under ICE supervision should also have opportunities to report family separation incidents; to verify the status, location, and disposition of family members; and to regularly communicate by telephone with family members. The Department shall ensure that agents and officers are properly trained in child welfare screening for child victims of trafficking, in accordance with the Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110-457). CBP shall also continue to follow direction in Senate Report 116-125 regarding Immigration Reunification. The Department is directed to continue to provide a monthly report to the Committees, to also be made public on the department's website, which shall document when and where all family separations occur; (1) the number of children separated from their parents at the border, delineated by age and nationality of the children and the parents or legal guardians; (2) the nature of administrative or criminal charges filed against adult family members; (3) the basis for the separation; (4) how often family units apprehended together are detained in ICE custody, referred to ORR, and/or deported separately; (5) whether child welfare experts were consulted prior to the family's physical separation; (6) whether a group presenting as a family unit arrived at the border and was separated after being determined not to meet the legal definition of a family unit; and (7) in cases where CBP separates individuals claiming to be a family unit on the basis of suspected human trafficking, information about whether any adult in the group was subsequently charged civilly or criminally with a trafficking offense. The report shall also detail processes for ensuring the reunification of separated family units. Federal Law Enforcement.--The agreement notes that the explanatory statement accompanying the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021 directs the Attorney General to ensure implementation of evidence-based training programs on de-escalation and the use-of-force, as well as on police-community relations, that are broadly applicable and scalable to all Federal law enforcement agencies. The agreement further notes that several agencies funded by this Act employ Federal law enforcement officers and are Federal Law Enforcement Training Centers partner organizations. The agreement directs such agencies to consult with the Attorney General regarding the implementation of these programs for their law enforcement officers. The agreement further directs such agencies to brief the Committees on Appropriations on their efforts relating to such implementation no later than 90 days after consultation with the Attorney General. In addition, the agreement directs such agencies, to the extent that they are not already participating, to consult with the Attorney General and the Director of the FBI regarding participation in the National Use-of-Force Data Collection. The agreement further directs such agencies to brief the Committees on Appropriations, no later than 90 days after enactment of this Act, on their current efforts to so participate. Future Goods and Services for Homeland Security Feasibility Report.--The Secretary, in conjunction with the Federal Emergency Management Agency (FEMA), the Cybersecurity and Infrastructure Security Agency (CISA), other relevant DHS components and other federal agencies and departments, shall provide a report to the Committees not later than 90 days after the date of enactment of this Act on the feasibility of producing an annual projection of needs for goods and services necessary for responding to and supporting recovery from nationwide disruptions. The report shall also address the potential impacts of domestic and non-domestic sourcing of supply chains on the resilience of response and recovery activities. Human Trafficking and Child Exploitation.--The Department is directed to brief the Committees semiannually on department-wide efforts to combat human trafficking and child exploitation. Human Trafficking Study.--The Secretary is directed to provide a report, not later than 270 days after the date of enactment of this Act, describing the extent of human trafficking in the United States. The report shall be consistent with the appropriate partnerships and consultations described below, and all applicable laws, including provisions enacted to protect the privacy of victims and those intended to ensure the participation of victims and witnesses without regard to immigration status. In completing the report, the Secretary shall consult with the Federal Bureau of Investigations (FBI), the Department of State, the Department of Labor, the Interagency Task Force to Monitor and Combat Trafficking, and other federal departments, agencies, task forces, state, local, tribal, and territorial government entities the Secretary determines appropriate. The Secretary shall determine the appropriate time period to be addressed by the report in describing the current extent of trafficking and identify which data on the incidence of human trafficking is currently reported to any federal department or agency, or state, local, tribal, or territorial government entities, and [[Page H8467]] whether the Department has access or could appropriately obtain access to such data. Such access should be consistent with privacy protection laws, applicable state laws, or other applicable laws. The report shall also identify any data that is not currently available that would be useful in informing prevention efforts. The report shall also include the following information, if reasonably available: (1) the estimated number of human trafficking victims, disaggregated by whether the victim was-- (A) trafficked within a state; (B) trafficked in interstate commerce; or (C) trafficked from an international location; and (2) a description of industries and geographical regions in which the practice of human trafficking is most prevalent. For the purposes of the report, human trafficking shall have the same meaning as in section 7102 of title 22, United States Code, including but not limited to sex and labor trafficking. It does not include conduct described in Section 212(a)(6)(E) of the Immigration and Nationality Act, unless such conduct was for the sole purpose of human trafficking. Information collected for the report shall not be shared or accessed by any person for the purpose of enforcement or investigation of potential immigration law violations. Joint Requirements Council (JRC).--The Department is directed to continue quarterly briefings on JRC activities and to brief the Committees at least 60 days prior to any changes to or transfer of the JRC to other headquarters organizational units. Language Access Programs.--Within 180 days of the date of enactment of this Act, OCRCL shall conduct an analysis of component language access plans, including assessments of whether: (1) the elements of existing plans meet applicable requirements and support plan goals; (2) components effectively implement their plans; (3) components have in place an effective process for routinely evaluating plan implementation; and (4) legal rights orientations are provided in an appropriate language for migrants in custody or in removal proceedings. Any recommendations developed after review of the existing plans should be based on the four-factor analysis identified in Section 4 of the department's Master Language Access plan. Law Enforcement Support.--Not later than 30 days after the date of enactment of this Act and updated quarterly thereafter, the Secretary shall provide a report to the Committees on all requests to any law enforcement component of the Department of Homeland Security for law enforcement support in the form of personnel, aircraft, equipment, or any other assets, which shall include each of the following for each requesting entity: (1) the name of the entity; (2) the purposes for which support is requested; (3) the numbers of personnel and the categories and numbers of assets requested; (4) the duration of the requested support; (5) whether the requested support was provided; (6) the position of the departmental official who approved providing such support; (7) the dates and descriptions of any support provided; (8) the cost of providing such support; and (9) whether the support is subject to reimbursement by the requesting entity. These reporting requirements shall apply to requests from non-federal law enforcement components and federal law enforcement entities, including other such entities of the Department of Homeland Security. Office for Targeted Violence and Terrorism Prevention (OTVTP).--The agreement includes the requested increases above the fiscal year 2020 levels for targeted violence and terrorism prevention activities across several accounts. Not later than 30 days after the date of enactment of this Act, OTVTP is directed to brief the Committees on its plans for continuing the local community awareness and training program and on the goals for the grant program. The briefing shall address the status of hiring regional coordinators; include a description of all threats; describe how threats are communicated to SLTT governments, the public, and the private sector; identify the resources and training currently available to combat threats, including terrorism prevention training materials; and describe the progress in implementing the recommendations of the Homeland Security Operational Analysis Center's Practical Terrorism Prevention study. The Department is directed to coordinate with the Department of Justice, including the FBI, and key public safety officials across the United States to promote information sharing and ensure an effective joint effort to combat domestic terrorism. The Department is also directed to review its anti-terrorism training and resource programs for federal and SLTT law enforcement agencies, with a focus on ensuring they are effective in helping law enforcement agencies understand, detect, deter, and investigate extremist attempts to infiltrate law enforcement agencies. Not later than 90 days after the date of enactment of this Act, the Department is directed to brief the Committees on Appropriations and Judiciary of the House and the Senate on its assessment of the domestic terrorism threat, including extremist efforts to infiltrate federal and SLTT law enforcement agencies. The briefings shall also include an analysis of acts or attempted acts of domestic terrorism in the United States during fiscal year 2020. Office of the Immigration Detention Ombudsman (OIDO).--OIDO is reminded of the statutory requirements outlined in section 205 of title 6, United States Code, including the delivery of an annual report on the office's activities, findings, and recommendations, and a requirement that departmental personnel work cooperatively with OIDO in support of its mission. Outreach to Tribes and Rural Areas.--The Office of Partnership and Engagement is directed to brief the Committees not later than 90 days after the date of enactment of this Act on its outreach efforts to rural communities and tribes in support of the homeland security mission. Outreach to Universities.--Within funds provided, the Secretary is urged to expand outreach to universities, including through establishing an advisory board of academic institutions and associations. Personnel Cost Adjustments.--Department-wide attrition and hiring challenges in fiscal year 2020 reduced staffing levels at the beginning of fiscal year 2021, leading to reduced personnel funding requirements for the remaining months of the fiscal year. As a result, the agreement includes personnel cost adjustments across departmental components based on the most recent information available to the Committees. Pilot Programs.--The Secretary is directed to provide the Committees with the following information for any new pilot or demonstration program by a departmental component prior to its initiation: (1) objectives that are well-defined and measurable; (2) an assessment methodology that details-- (A) the type and source of assessment data; (B) the methods for and frequency of collecting such data; and (C) how such data will be analyzed; (3) an implementation plan, including milestones, a cost estimate, and schedule, including an end date; and (4) a signed interagency agreement or memorandum of agreement for any pilot or demonstration program involving the participation of more than one departmental component. Not later than 90 days after the date of completion of a pilot or demonstration program, the Secretary is directed to provide a report or briefing to the Committees detailing lessons learned, actual costs, and any planned expansion or continuation of the pilot or demonstration program. For purposes of these directives, a pilot or demonstration program is defined as a policy implementation, study, demonstration, experimental program, or trial that is a small-scale, short-term experiment conducted in order to evaluate feasibility, duration, costs, or adverse events, and improve upon the design of an effort prior to implementation of a larger-scale effort. Programs, Projects, and Activities Structure.--The table at the end of this explanatory statement adopts the department's proposed consolidation of PPAs for the Office of the Secretary and Executive Management (OSEM) for purposes of section 503 reprogramming notification requirements. The Department is directed to continue to provide funding details at the level of individual OSEM offices, however, to ensure continued transparency for congressional oversight. Public Reporting of Operational Statistics.--The Department is directed to submit quarterly Border Security Status Reports and data on the deportation of the parents of U.S.- born children semiannually, as in prior years. REAL ID.--The Office of the Secretary, in conjunction with the Transportation Security Administration and other appropriate components, should make every effort to support the needs of states related to the REAL ID transition. Records Management.--The Department is expected to maintain records and respond to records requests according to the requirements of section 552 of title 5, United States Code, for information related to all detainees in the custody of the Department, regardless of whether such detainees are housed in a federal or non-federal detention facility. Records should only be withheld from disclosure if the Department reasonably foresees that disclosure would harm an interest protected by an exemption described in section 552(b) of title 5, United States Code, or is otherwise prohibited by law. Response Strategy for Biological Threats.--As described in the House report, the Secretary is directed to establish and maintain a response strategy for biological threats that have the potential to impact the ability of the Department to execute or sustain its homeland security mission, and to provide a briefing on the strategy to the Committees not later than 120 days after the date of enactment of this Act. State Police and Crime Labs.--The Department should continue to work with state crime labs where available, particularly in areas not adequately served by departmental labs or other federal facilities, and to provide appropriate assistance to state police crime labs to ensure federal requirements do not burden state resources and to prevent the accumulation of backlogs that can slow investigations. The Department shall report annually on its use of, and partnerships with, [[Page H8468]] state crime labs, including an accounting of funding associated with such partnerships. Telephone Access.--In lieu of language in the House report, DHS is directed to brief the Committees not later than 90 days after the date of enactment of this Act, on its policies and procedures for ensuring that individuals in its custody have meaningful access to telephones and other modes of communication. The briefing shall also include an update on policies, procedures, and implementation of changes in response to federal litigation related to telephone access for detainees. Tribal Consultation.--Within 180 days of the date of enactment of this Act, the Department shall consult and work with tribes to update the mandatory base level tribal training course for DHS personnel, including full-time employees, part-time employees, and contractors who have regular interactions with tribal members or are likely to encounter tribal members at their duty station. Visa Overstays.--Consistent with section 1376 of title 8, United States Code, the Department is directed to submit an updated report outlining its comprehensive strategy for overstay enforcement and deterrence not later than 180 days after the date of enactment of this Act. The report shall detail ongoing actions to identify aliens who have overstayed their visas, including efforts to improve overstay reporting capabilities; notify aliens in advance of their required departure dates; track overstays for enforcement action; refuse or revoke current and future visas and travel authorization; and otherwise deter violations or take enforcement action. Wildlife Trafficking.--The Secretary is directed to provide an updated report, not later than 45 days after the end of fiscal year 2021, describing the department's efforts to address wildlife trafficking and the illegal natural resources trade, including an accounting of the resources the Department has dedicated to such activities and steps taken to improve coordination with the U.S. Fish and Wildlife Service, Office of Law Enforcement. The report shall include options for making this information publicly and routinely available on an annual basis. FEDERAL ASSISTANCE The agreement provides $25,000,000, including $20,000,000 for targeted violence and terrorism prevention grants and $5,000,000 for an Alternatives to Detention case management grant pilot program, to be transferred to FEMA for purposes of administration. Management Directorate OPERATIONS AND SUPPORT The agreement includes an overall reduction of $4,034,000 below the request associated with proposed awards spending increases and personnel cost adjustments. Budget Justifications.--The Department is expected to provide complete justification materials for the fiscal year 2022 budget request, providing details for each office and program and clearly describing and accounting for current services, transfers, adjustments to base, and program changes. The justifications shall continue to include the elements and level of detail described in Senate Report 116- 125. In addition, the Chief Financial Officer is directed to ensure that fiscal year 2022 budget justification materials for classified and unclassified budgets of all components are submitted concurrent with the President's budget submission to the Congress. Component Obligation Plans.--The Department shall continue submitting obligation plans to the Committees on a quarterly basis, consistent with direction provided in the explanatory statement accompanying Public Law 114-113 and shall ensure that such plans are connected to activity-level details in the budget justification materials. Counter-Unmanned Aerial Systems (CUAS).--The Department is directed to include an estimate of DHS-wide CUAS funding, by account and PPA, in the justification materials accompanying the fiscal year 2022 budget request. In addition, within 60 days of the date of enactment of this Act, the Department shall brief the Committees on its estimated funding needs, including those not addressed within the fiscal year 2022 budget request, for fiscal years 2022 through 2024 to research, test, acquire, and deploy CUAS capabilities. Cybersecurity Professionals.--Not later than 30 days after the date of enactment of this Act, the Office of the Chief Human Capital Officer, in coordination with the Office of the Chief Information Officer (OCIO) and CISA, shall brief the Committees on the status of meeting the department's cybersecurity hiring goals and plans for developing standardized metrics to ensure consistency in identifying personnel skills and talents across the Department. The briefing should also include recommendations on how the qualification standards for IT-focused jobs can be regularly updated to meet the department's needs. Data Center Consolidation.--In addition to budget justification materials and obligation plans, OCIO shall provide semiannual briefings to the Committees on the execution of its major initiatives and investment areas, including details regarding cost, schedule, hybrid data center and cloud solutions, and the transfer of systems to or from department data centers or external hosts. Hiring in Rural Communities.--Not later than 90 days after the date of enactment of this Act, the Department is directed to provide a report to the Committees on the challenges of recruiting and retaining federal employees in non-contiguous and rural states. The report shall include a clear description of the obstacles related to using small businesses; information about rates of attrition; the numbers of unfilled positions; and the duration of time for which those positions have remained vacant. The report shall also provide an assessment of the effect these vacancies have on the ability of components to accomplish their statutory and administrative responsibilities. Office of Biometric Identity Management (OBIM) Semi-Annual Briefings.--OBIM is directed to continue briefing the Committees on a semiannual basis on its workload, service levels, staffing, modernization efforts, and other operations. Reception and Representation Expenses.--The Department shall continue to submit quarterly obligation reports to the Committees for all reception and representation expenses, as required in prior years, and shall refrain from using reception and representation funds to purchase collectibles or memorabilia. Small Unmanned Aerial Systems (sUAS) Procurement.--For any acquisition of foreign-made sUAS using funds provided in this Act, including grant funding, the Department shall require certification that the acquiring entity has reviewed relevant industry alerts and completed a risk assessment that considers the proposed use of the foreign-made sUAS. The Department is directed to conduct a review of domestically produced sUAS alternatives and update guidance on the acquisition and use of sUAS, as appropriate. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides $144,655,000 below the request. The total includes the requested amounts for headquarters lease consolidations and decommissioning, improvements at Mt. Weather, human resources technology, financial systems modernization, the DHS Data Framework, personnel vetting and identity management, and DHS OneNet. No funding is provided for proposed headquarters consolidation activities at the St. Elizabeths campus. DHS Headquarters Consolidation.--Within 90 days of the date of enactment of this Act, the Department shall provide to the Committees an updated plan for the St. Elizabeths campus that has been certified by the Secretary, to include cost savings associated with the construction of new headquarters facilities for the Office of Intelligence and Analysis and ICE. Financial Services Modernization.--Within 90 days of the date of enactment of this Act, OCFO shall brief the Committees on the status of its financial services modernization programs, including a multi-year plan for reaching full operating capability with details on both cost and schedule. Intelligence, Analysis, and Operations Coordination OPERATIONS AND SUPPORT The agreement reduces the request by $14,138,000. A total of $82,620,000 is available until September 30, 2022. Annual Budget Justification Materials.--The fiscal year 2022 budget justification materials for the classified budget shall include the same level of detail required for other appropriations and PPAs. Intelligence Expenditure Plan.--The department's Chief Intelligence Officer is directed to brief the Committees on the fiscal year 2021 expenditure plan for the Office of Intelligence and Analysis within 180 days of the date of enactment of this Act. The plan shall include the following: (1) fiscal year 2021 expenditures and staffing allotted for each program as compared to fiscal years 2017 through 2020; (2) all funded versus on-board positions, including FTE, contractors, and reimbursable and non-reimbursable detailees; (3) a plan for all programs and investments, including dates or timeframes for achieving key milestones; (4) allocations of funding within each PPA for individual programs and a description of the desired outcomes for fiscal year 2021; and (5) items outlined in the classified annex accompanying this explanatory statement. Office of Inspector General OPERATIONS AND SUPPORT The agreement includes an increase of $12,407,000 above the budget request for increased monitoring and oversight of border security and immigration enforcement activities. Acquisition Fraud.--Within the funding provided, OIG is directed to continue and expand oversight related to acquisition fraud. Custody Operations Reporting.--OIG is directed to continue its program of unannounced inspections of immigration detention facilities and shall publish its final report regarding the inspections within 180 days of the date of enactment of this Act. The Inspector General shall ensure that the results of the inspections and other reports and notifications related to custody operations activities are posted on a publicly available website. TITLE I--ADMINISTRATIVE PROVISIONS Section 101. The agreement continues a provision requiring the Inspector General to review grants and contracts awarded by means other than full and open competition and report the results to the Committees. Section 102. The agreement continues a provision requiring the Chief Financial Officer to submit monthly budget execution and [[Page H8469]] staffing reports within 30 days after the close of each month. Section 103. The agreement continues a provision directing the Secretary to require that contracts providing award fees link such fees to successful acquisition outcomes. Section 104. The agreement continues a provision requiring the Secretary, in conjunction with the Secretary of the Treasury, to notify the Committees of any proposed transfers from the Department of Treasury Forfeiture Fund to any agency at DHS. No funds may be obligated prior to such notification. Section 105. The agreement continues a provision related to official travel costs of the Secretary and Deputy Secretary. Section 106. The agreement continues a provision requiring the Secretary to submit a report on visa overstay data and to post border security metrics on the department's website. TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection OPERATIONS AND SUPPORT (INCLUDING TRANSFER OF FUNDS) The agreement reduces the request by $78,509,000. A total of $500,000,000 is available until September 30, 2022. The bill includes the following increases above the budget request: $260,732,000 to sustain prior year initiatives and current services; $20,000,000 for video recording equipment for Border Patrol Stations; $25,000,000 for innovative technology; $5,000,000 for tribal roads; $2,000,000 for rescue beacons; $4,000,000 for carrizo cane eradication; $10,000,000 for port of entry technology; $2,773,000 for analytics and modeling; and $14,440,000 for body-worn cameras. The agreement includes no funding for new Border Patrol Agents or personnel hired above the baseline funded in fiscal year 2020 and also includes the following reductions below the budget request: $135,774,000 associated with personnel cost adjustments and $17,600,000 proposed for recruitment and applicant processing. Antidumping and Countervailing Duties (AD/CVD).--CBP is directed to continue reporting on AD/CVD, as required in Senate Report 114-264 and as expanded in Senate Report 115- 283. Assessing Impact of Travel Restrictions on Border Communities.--Businesses in states that depend on travel across the border to obtain essential supplies are particularly impacted by travel restrictions at land and sea ports of entry (POEs). CBP is directed to consider the impact of travel restrictions on families, businesses, and communities and provide for reasonable exemptions to travel restrictions mandated by federal, state, and local authorities. CBP is urged to maintain regular communication with impacted stakeholders as travel restrictions change or are updated. Body-Worn Cameras.--CBP is directed to continue requiring the use of fixed, vehicle, and body-worn cameras for officers and agents in interactions with the public through its Incident Driven Video Recording System program, which helps provide an ac1050curate representation of law enforcement encounters while allowing agents and officers to safely perform their duties. CBP shall comply with department-wide policy on protecting the privacy of both CBP law enforcement personnel and the public and ensure appropriate infrastructure is in place to support the use of body-worn cameras, including any associated storage and video management system requirements. Within 90 days of the date of enactment of this Act, CBP shall provide a plan to the Committees, to also be made available on a publicly accessible website, on the schedule for deploying body-worn cameras and detailing relevant policies and procedures for the use of the technology and retention of and access to video data. Border Searches and Electronics.--In addition to direction provided in House Report 116-458 related to searches of electronic devices, CBP shall continue to follow direction provided in Senate Report 116-125. Border Security Deployment Program (BSDP).--CBP shall provide the Committees a briefing within 120 days of the date of enactment of this Act on the agency's plan to expand BSDP at land ports of entry (LPOEs). Continued Dumping and Subsidy Offset Act (CDSOA).--It is concerning that the intent of Congress under CDSOA (Public Law 106-387) is being diluted by CBP's requests that domestic industries that received prior, incorrect payments of collected duties under CDSOA return those payments due to CBP's various collections litigation setbacks, settlements, or administrative errors. As most of these payments were made several years ago and have been reinvested by the recipients, as CDSOA intended, there are concerns that this policy is counter to the intent of the statute. By recouping revenue paid to domestic companies and assessing interest charges, CBP is counteracting the intent to allow industries the opportunity to rehire and reinvest. CBP is instructed to determine the impact of this practice on U.S. producers and to notify the Committees prior to recouping such payments or reducing future payments. Craft Beverage Modernization Tax Reform Act.--The Commissioner is directed to submit a study within 60 days of the date of enactment of this Act detailing the number of claims related to the Craft Beverage Modernization and Tax Reform Act (Public Law 115-97) that remain outstanding for 2018; the interest owed on those claims as of January 1, 2020; the rate at which those claims are being processed; and an estimate of the total cost in interest payments for which the Treasury will be liable should those claims continue to be processed at the current rate. The Commissioner is further directed to submit a study within 60 days of the date of enactment of this Act of the estimated cost of upgrading its IT systems that track imported goods to make them interoperable with the IT systems of the Alcohol and Tobacco Tax and Trade Bureau. DeConcini Port of Entry.--CBP is directed to ensure it monitors plans for repairing the Nogales International Outfall Interceptor (IOI) so that repairs do not interfere with long-term port operations and to provide technical assistance as the IOI and related projects are completed, as appropriate. Further, CBP is directed to provide a briefing within 180 days of the date of enactment of this Act on its monitoring and technical assistance efforts, including consultation with the General Services Administration (GSA) or other stakeholders, to ensure the strategies discussed adequately represent CBP's interests, including officer safety and overall impact to port operations. Detecting Opioids in the Mail.--The Department is directed to provide a report within 180 days of the date of enactment of this Act on technologies developed through the Opioid Detection Challenge and their potential impacts on CBP operations. Deterring Illicit Substances.--CBP is encouraged to continue efforts to leverage advanced capabilities to accelerate progress in achieving screening goals to detect, interdict, and deter the flow of illicit drugs and other contraband at the POEs, to include radiation-free passive cargo scanning technology. CBP is also encouraged to obtain portable chemical screening capabilities to detect the presence of fentanyl and other narcotics, including lab equipment, decontamination solutions, personal protective equipment, and other consumables, and by increasing the number of scientists at POEs and express consignment facilities to rapidly interpret screening test results. Expansion of Arizona and New Mexico Border Zone Travel.-- Under current policy, eligible Mexican nationals can travel in certain areas of Arizona and New Mexico for up to 30 days. With CBP increasing security due to the recurrent vetting of travelers, this policy focuses on efficiencies and has shown both a decrease in costs to CBP and an increase in revenue to local economies in those states as a result of additional opportunities for freedom of movement. CBP is encouraged to initiate a pilot program to expand travel opportunities to the entire State of Arizona and State of New Mexico. The pilot should not change who would be eligible for a visa, the duration of each visit, or the method of entry. CBP shall provide a briefing to the Committees within 60 days of the date of enactment of this Act on the status of the pilot program, which shall include identifying any applicable statutes, federal rules, or regulations that would require revision to carry out the program and ensure compliance. Gordie Howe International Bridge.--Within 60 days of the date of enactment of this Act, CBP shall provide the Committees with a report on the agency's plan to staff the Gordie Howe International Bridge POE. The report shall include information on the anticipated staffing timeline; the full staffing requirement; the actual staffing level CBP expects to achieve and maintain, delineated by officers and other staff; plans for recruitment of new personnel and the transfer of existing personnel to the POE; and any other information deemed relevant by CBP in order to ensure the POE becomes fully operational according to the current schedule. Great Lakes Cruise Vessels.--CBP is directed to continue working with Great Lakes seaports, cruise vessel operators, and other stakeholders to develop a regional cruise passenger clearance plan and shall continue using mobile onboard passenger clearance technology until such plan is implemented. Not later than 180 days of the date of enactment of this Act, CBP shall provide a report to the Committees on the screening practices for Great Lakes and inland seaports, which shall include: (1) current screening capability; (2) a threat assessment for containerized and non- containerized cargo; (3) the types of cargo received by each port, delineated by ownership by either CBP, state or local port authority, or private entity; (4) current cost-sharing arrangements for screening technology or service to the port; (5) which ports are outside the jurisdiction or area of responsibility for each Field Office; and (6) details on Field Office responsibilities for ports outside of their jurisdiction. The report shall be submitted in an unclassified form, to the maximum extent possible, but may include a classified portion, if necessary. Holding Facility Length of Stay.--In lieu of direction in the House Report, CBP shall notify the Committees within 24 hours of any instance in which any child is held in a single CBP holding facility, centralized processing center, or temporary or soft-sided facility for more than three days or spends more than a total of six days in CBP custody. Within 60 days of the date of enactment of this Act and weekly thereafter, CBP shall update the Committees on the number of detainees currently being held by CBP for longer than 48 hours in Border Patrol stations, POEs, humanitarian care centers, and [[Page H8470]] centralized processing centers, and for longer than 72 hours in temporary or soft-sided facilities. This update shall be posted on a publicly available website. Improving Cargo Security and Examinations.--Within 180 days of the date of enactment of this Act, CBP shall provide the Committees with a report on the resources needed to increase the percentage of cargo inspected upon entry to the United States every year. Information Technology Enhancements.--Within 90 days of the date of enactment of this Act, CBP shall provide the Committees with the agency's plan to migrate remaining software applications to the cloud, including the estimated costs and savings relating to the migration. Land POE Hours of Operation.--In addition to direction in House Report 116-458, CBP is urged to conduct a robust analysis, to include economic impacts, prior to any reduction in hours of operations. CBP is urged to provide proposals to the Committees aimed at improving the recruitment and retention of CBP personnel at remote northern border POEs to sustain appropriate operating hours. To assist with the challenges relating to operating hours, CBP is directed to establish a pilot program for the co-location of CBP and Canada Border Services Agency border agents at remote LPOEs, which will meet both agencies' requirements, maintain border security, and reduce costs. Law Enforcement Suitability Analysis.--CBP shall follow the directives in Senate Report 116-125 and House Report 116-180, regarding the Law Enforcement Suitability Analysis and associated reporting requirements and polygraph waiver reporting, respectively. Mission Support Contracting.--CBP is again directed to provide an inventory of all Enterprise Services PPA contracts, organized by category, and a plan to reduce current duplication in contracting to leverage economies of scale. Non-Mission Duties.--Not later than 30 days after the date of enactment of this Act, CBP shall submit to the Committees a detailed report on: (1) the total number of Border Patrol agents or CBP officers carrying out non-mission duties, broken out by detail and adjutants; (2) the identification of the funding sources associated with non-mission duties; (3) the rationale for CBP personnel to perform non-mission duties and the duration they are expected to perform those duties; (4) a detailed description of all required training for Border Patrol agents and CBP officers in order to carry out the non-mission duties; and (5) the identification of any impacts to CBP's mission due to agents and officers carrying out non-mission duties. Northern Border Strategy Implementation Plan.--Within 90 days of the date of enactment of this Act and quarterly thereafter, CBP shall brief the Committees on the status of the Northern Border Strategy Implementation Plan, including whether the fiscal year 2019 milestones have been achieved, the status of the fiscal year 2020 milestones, and for milestones that have not been achieved, detailed justifications for the shortfall. Further, future budget requests shall detail specific northern border staffing and technology requirements and request specific funding for implementation of planned northern border enforcement initiatives enumerated in the analysis. Operational Impact of Border Patrol Processing Coordinators.--The agreement provides $20,000,000 for new Border Patrol processing coordinators. Within 90 days of the date of enactment of this Act, CBP shall provide a briefing to the Committees on the status of Border Patrol processing coordinator hiring, including the number of Border Patrol agents returned to the field as a result of such hires, the measures the agency is using to assess the costs and benefits of this position, and a summary of all training and certifications required for coordinators. Future funding requests for coordinator positions shall be accompanied by descriptions of the expected operational impacts from additional investments. Prevent Abduction Program.--Within 180 days of the date of enactment of this Act, CBP is directed to brief the Committees on the status of the Prevent Abduction Program, including: (1) the total hours of training CBP officers receive on the issue of international parental child abduction; (2) the cumulative number of children enrolled in the program and the number of children enrolled in the preceding fiscal year; (3) the number of children enrolled in the program who, despite their enrollment, were removed at an air POE, if any; and (4) the identification of additional resources needed to ensure children are not removed from the United States in violation of a valid state court order. Prioritizing Resources, Applying Analytics, and Integrating Budget Requests.--Appropriately resourcing the varied and complex missions of CBP requires a clear understanding of the level of effort supported by CBP's base budget and how changes in personnel, equipment, and other assets are expected to impact mission performance. This requires the development of robust workload staffing models. To better understand how congressional investments in border security impact requirements for Border Patrol agents, Border Patrol processing coordinators, and other mission support staff, CBP is again directed to develop a comprehensive workload staffing model. In addition, CBP can use predictive analytics to forecast how both internal policy changes and external actions are likely to impact resource needs. Whether projecting changes in legitimate travel and trade to the United States or estimating the flow of people and illicit items across our borders, the use of predictive analytics will improve the agency's ability to respond to changing circumstances in a timelier and more cost-effective manner. Without such analyses, CBP and the Department are unable to clearly demonstrate the value of additional resources and the Committees are limited in their ability to make informed decisions. CBP is directed to prioritize and execute the following: (1) Quantify operational capabilities supported by CBP's base budget and identify gaps. (A) CBP shall brief the Committees bimonthly on efforts to evaluate CBP-wide workload, capabilities, assets, and human resource capabilities and gaps and to use the results of the quarterly analyses to support future budget requests. (2) Apply analytics and modeling tools to further inform resource needs. (A) Within 45 days of the date of enactment of this Act, CBP shall provide a briefing to the Committees on a plan to incorporate predictive analytics into planning and budgeting processes. (B) Within 90 days of the date of enactment of this Act, CBP shall provide a briefing to the Committees on the development of a Border Patrol workload staffing model that demonstrates the impact that existing and potential resources are expected to have on personnel needs. (C) Within six months of the date of enactment of this Act, CBP shall provide a report detailing the model and the process that CBP used to create and validate the model. The report shall include: (i) steps and associated timelines taken to create the model and resources used to develop it; (ii) data sources and methodology used to generate the model; (iii) actions taken to independently verify the model; and (iv) a plan for periodically updating and improving upon the model, including the incorporation of new technology investments and associated force multiplier effects; and changes in programs and processes, air and marine assets, and deployment of additional surveillance technologies. (3) Integrate data into future budget requests. (A) CBP shall begin using the data described above to strengthen and connect requests for resources. To date, the Congress receives individual requests for funding and must assess and fund these requests as stand-alone budget proposals with limited justifications that do not take into account the relationships between these investments. CBP is directed to include with any requests for new funds the following information as part of detailed budget justifications: (i) a description of the relationship between investments; (ii) data on how a change in one investment may impact another; and (iii) how the investments will impact the measures used to assess performance improvements. (B) CBP is directed to provide a briefing within 60 days of the date of the enactment of this Act on how the agency will comply with this requirement. Queue Management at POEs and Data on Asylum Seekers.--CBP shall follow the direction in Senate Report 116-125 regarding reporting on queue management at POEs. In addition, CBP is directed to include data within its monthly southwest migration reports detailing the number of individuals claiming fear or attempting to claim a fear of return to their home country. While CBP has provided annual statistics on the number of ``credible fear apprehensions'' and ``credible fear inadmissibles,'' under this new directive, CBP shall disaggregate this data such that individuals claiming credible fear are not included within or counted towards either the ``apprehensions'' or ``inadmissibles'' statistics. Rebuttable Presumption.--Not later than 180 days after the date of enactment of this Act, CBP shall provide a report to the Committees on the benefits and risks of a rebuttable presumption of evasion for a commercial entity in the context of customs law where there was a prior CBP finding of evasion from the same entity. Recruitment, Hiring, and Retention.--Within 180 days of the date of enactment of this Act, CBP shall brief the Committees on its efforts to improve hiring and retention by all of its law enforcement components. CBP shall prioritize and continue efforts to use available incentives to recruit and retain employees in rural and remote areas and explore other strategies, such as innovative pilot programs that include successful strategies from the private sector, career path enhancements, alternative schedules, and workforce support programs. Reporting Requirements.--CBP shall follow the direction provided in Senate Report 116-125 on the following items: (1) Combatting Transshipment; (2) Combatting Transportation of Firearms and Illicit Funds; (3) Strengthening Capabilities at International Mail and Express Consignment Facilities; (4) Field Operations Staffing; (5) Northern Border LPOEs and Maritime POEs; [[Page H8471]] (6) Agricultural Inspections; (7) Reimbursable Services Programs; (8) Harmonized Commodity Description and Coding System; and (9) Preclearance and Beyond the Border Action Plan. Reporting Requirements for Deaths in Custody.--In addition to direction in the House Report, CBP shall ensure that agents have sufficient training to carry out the CBP Interim Procedures on Notifications on Deaths in Custody issued on December 17, 2018. Not later than 90 days after the submission of the report on migrant deaths described in the House Report, the Comptroller General of the United States shall review such report and provide a preliminary briefing to the Committees on the following: (1) the validity of CBP's statistical analysis of migrant deaths; (2) the extent to which CBP has adopted simple and low-cost measures, such as rescue beacons, to reduce the frequency of migrant deaths; (3) the extent to which CBP measures the effectiveness of its programs to reduce the frequency of migrant deaths; and (4) the extent of data and information sharing and cooperation among CBP, local and state law enforcement agencies, foreign diplomatic and consular posts, and non- governmental organizations to accurately identify deceased individuals, notify family members, and compare information to missing persons registries. The remains of thousands of women, men, and children have been found along migrant border crossing routes and thousands more are believed to lie unrecovered. CBP is encouraged to expand engagement with its state and local counterparts and non-governmental organizations to address this humanitarian challenge. Short-Term Detention.--In addition to direction in the House Report concerning medical care, CBP shall ensure that appropriate medical supplies are made available to each Border Patrol agent with an Emergency Medical Technician or paramedic certification and to each Border Patrol sector, including all remote stations and forward operating bases. In developing the appropriate list of medical supplies required, CBP shall consult with and consider recommendations from national organizations with expertise in emergency medical care, including emergency medical care of children, and the DHS Chief Medical Officer. However, this direction should not be construed to interfere with the rights obtained or obligations owed by any federal consent decree. CBP shall brief the Committees not later than 180 days after the date of enactment of this Act on the plan to implement the updated medical guidance. Solid Sodium Cyanide Briquettes.--The Secretary, in coordination with the Environmental Protection Agency Administrator and the Secretary of the Department of Transportation, shall conduct an investigation of the national security, health, and safety implications of imports of solid sodium cyanide briquettes. The study shall include: (1) an evaluation of current industrial standards for safety, shipping, storage, and security; (2) whether such imports comply with these existing standards; and (3) recommendations for improved standards. Specialty Units.--Within 180 days of the date of enactment of this Act, CBP shall report to the Committees on the status and needs of all specialty units within each sector and department-wide. The report shall provide, at a minimum, a description of: (1) the specialty unit composition and quantity of membership, baseline capabilities, and training; (2) any needs of specialty units, including horses and off- road vehicles, training, or other capabilities; and (3) any other resource needs as applicable. For purposes of this section, ``specialty unit'' shall mean, any horse patrol unit, tactical or rescue unit, or bike or boat patrol unit. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides $441,726,000 below the budget request. The bill includes the following increases above the request: $95,000,000 for border security technology, to include $20,000,000 for innovative technology, of which not more than $5,000,000 may be available for any single innovative technology project; $52,267,000 for two multi- role enforcement aircraft for a total of three when including one aircraft recently purchased with program savings; $28,400,000 for lightweight helicopters; $3,000,000 for design of the Houlton Border Patrol Station; and $12,000,000 for the Advanced Training Center (ATC). In lieu of the funding level requested in the President's budget proposal, the bill provides: $10,000,000 for the Unified Immigration Portal and $1,375,000,000 for barrier system. Funding for small UAS, the Border Enforcement Coordination Network, non-intrusive inspection (NII) equipment and remote video surveillance may be funded from within the funding provided for border security technology. Border Security Technology.--CBP is directed to reallocate existing funding, as appropriate, to ensure technology is deployed at the locations where it will have the greatest impact on CBP's ability to identify and interdict illicit activity and to ensure an appropriate amount of technology is piloted, tested, and deployed along the northern border. CBP is directed to provide a briefing to the Committees on the results of the small unmanned aerial systems pilot program within 120 days of the date of enactment of this Act. The briefing should include recommendations regarding applications and operations procedures for future implementation and the needed training and certification processes required to support the Border Patrol. Additionally, CBP is directed to provide a briefing within 60 days of the date of enactment of this Act on issues relating to CBP's waiver of the requirements of the Religious Freedom Restoration Act and the use of eminent domain in the border region. Construction and Facility Improvements.--The bill provides $142,390,000 for priority facility needs on the northern and southern borders. Of this amount, $100,000,000 funds the request for replacing Border Patrol stations, including stations in Niagara Falls and Champlain, New York. Additionally, $3,000,000 shall be used for planning and design purposes to replace the current Border Patrol station in Houlton, Maine. The agreement provides $27,399,000 to design and construct a new air unit in Laredo, Texas as requested. The agreement also provides $12,000,000 for an instructional design and distance learning center facility at the ATC. Additionally, CBP is applauded for its action to leverage federal investments previously made in Summit Point, West Virginia, and it is noted that CBP plans to use $3,300,000 from existing funding to support the transition of programs to the space vacated by the Department of State. High-Altitude Pseudo Satellites.--CBP is directed to provide a briefing to the Committees on the results of the high-altitude pseudo satellites pilot program within 90 days of its completion. LPOEs.--CBP shall provide to the Committees its annual report prioritizing facility needs at LPOEs with the annual budget submission. CBP shall continue to work with GSA and the Office of Management and Budget on this five-year strategy to modernize POEs, paying special attention to the health, safety, and welfare needs of CBP officers and focusing on facilities where reconfiguration or upgrades will improve the flow of local traffic and allow local residents to move more freely in their own communities. Additionally, CBP shall provide a detailed report and timeline, within 90 days of the date of enactment of this Act, for the Blue Water Bridge Plaza expansion project. This report shall align with the annual LPOE priority report and should explain how CBP will engage with state and local entities and the specific milestones and timeline for the project's completion. NII Equipment Funding Execution.--Within 90 days of the date of enactment of this Act, CBP shall provide a briefing to the Committees on the execution plans for all NII funds, including an acquisition and deployment schedule for achieving maximum NII coverage in pre-primary lanes along the Southwest border and projections of associated performance improvements. CBP is further directed to brief the Committees on a monthly basis on the obligation of funds for NII acquisition. Revenue Modernization.--Within 120 days of the date of enactment of this Act, CBP shall update the Committees on the percentage of all collections at each POE that have been transitioned to automated electronic systems, along with the cost of transition. U.S. Immigration and Customs Enforcement OPERATIONS AND SUPPORT Assumed in the agreement funding level are the following increases above the budget request: $5,500,000 for the Human Exploitation Rescue Operative (HERO) Child-Rescue Corps; $3,100,000 to expand the Immigration and Customs Enforcement (ICE) employee safety program; $3,165,000 to address ICE's Freedom of Information Act (FOIA) backlog; $110,000,000 to expand the Alternatives to Detention (ATD) program and related case management services; and $11,542,000 to sustain prior year initiatives. The agreement does not include the proposed use of $112,287,000 from the Immigration Examination Fee Account (IEFA) to reimburse costs in the ICE Operations and Support account. Continuation of Prior-Year Requirements.--ICE shall continue to follow the directives under the following headings in Senate Report 116-125, according to the previously directed timeframes, reporting requirements, and guidance: (1) Cyber Crime Investigative Capabilities and Staff Development; (2) Detention Standards; and (3) Reporting Requirements. Expenditure and Operations Plan Requirements.--Despite the increased funding provided for the Office of the Chief Financial Officer in the fiscal year 2020 appropriation, the Department and ICE failed to comply timely with the requirements set forth in the explanatory statement accompanying Public Law 116-6 and reiterated in Public Law 116-93 regarding detailed operational and spending plans for fiscal years 2019 and 2020, respectively. While ICE has recently improved its efforts, significant work remains. The Department and ICE are again directed to fulfill such requirements for fiscal year 2021, to include greater detail on all funding initiatives and programs of significant public interest, including detention-related funding and contracting terms. Fiscal Accountability.--ICE is reminded of the importance of fiscal discipline and transparency in the way it obligates and spends its resources and is encouraged to use section 503 authority prudently. ICE must operate within the funding levels provided by [[Page H8472]] Congress. Notifications of proposed transfers or the reprogramming of funds shall be accompanied by transparent and publicly available evidence that a need for contingency funds are a result of circumstances that are truly beyond ICE's control. ICE is directed to continue the policy of fully reimbursing the costs and expenses associated with agreements entered into with other entities, including federal agencies, to house ICE detainees. Immigration Data Improvements.--The agreement provides the requested increase of $1,000,000 for the Unified Immigration Portal. ICE is directed to continue collecting data on enforcement activities both along the borders and in the interior of the United States to improve operational transparency and resource allocation decisions. Records Management.--The agreement provides an increase of $3,165,000 above the request to address ICE's backlog of FOIA requests. The Department is expected to maintain records and to respond to records requests, consistent with the requirements of section 552 of title 5, United States Code, for information related to all detainees in the custody of the Department, regardless of whether such detainees are housed in a federal or non-federal detention facility. The Department should not withhold records from disclosure unless it reasonably foresees that disclosure would harm an interest protected by an exemption described in section 552(b) of title 5, United States Code, or is otherwise prohibited by law. Homeland Security Investigations Child Exploitation Investigations Unit (CEIU).--Within the total amount provided for HSI, not less than $21,000,000 shall be for activities in support of the CEIU. Counter-Proliferation Investigations Center (CPIC).--The agreement sustains $12,000,000 for the CPIC. ICE shall brief the Committees on the CPIC's efforts to prevent sensitive U.S. technologies and weapons from reaching terrorists, criminal organizations, and foreign adversaries by not later than 120 days after the date of enactment of the Act. Forced Child Labor.--The agreement provides not less than $15,770,000 for investigations and other activities related to forced labor law violations, to include forced child labor. ICE shall submit to the Committees an annual report on the expenditures and performance metrics associated with such activities. HERO Child-Rescue Corps Program.--ICE is directed to brief the Committees not later than 180 days after the date of enactment of this Act on the status of the HERO apprenticeship program. HSI Workforce.--The agreement provides $8,800,000 above fiscal year 2020 levels for increased HSI staffing. Human Rights Violators.--The agreement provides $5,300,000 for the Office of the Principal Legal Advisor's Human Rights Law Section and for the Human Rights Violators and War Crimes Unit for training, transportation, and other related activities. ICE is directed to continue its efforts to investigate, remove, and prosecute individuals who have committed human rights abuses, including persecution, genocide, severe violations of religious freedom, torture, extrajudicial killing, use or recruitment of child soldiers, crimes against humanity, or war crimes. ICE shall report to the Committees not later than 180 days after the date of enactment of this Act on: (1) the total number of prosecutions and investigations of human rights offenses and other offenses committed and their outcomes, delineated by serious human rights violators within each of the last five fiscal years; (2) efforts to increase the number of human rights investigations and prosecutions; and (3) any organizational, resource, or legal impediments to investigating and prosecuting more human rights violators. Intellectual Property Rights Enforcement.--The bill provides not less than $15,000,000 for intellectual property law enforcement through HSI and the National Intellectual Property Rights Coordination Center. International Investigations and Visa Security Program.-- The bill sustains prior-year investments in overseas operations to interrupt illicit activity prior to its arrival in the United States. International Megan's Law.--The bill sustains prior-year investments to continue the implementation of International Megan's Law. Opioid Investigations.--The bill sustains prior-year investments in HSI's opioid enforcement activities, for a total of over 760 personnel, including investigators, intelligence analysts, and necessary support staff. Tactical Intelligence Center.--ICE is directed to brief on efforts to enhance the capacity of the Tactical Intelligence Center not later than 90 days after the date of enactment of this Act. Enforcement and Removal Operations 287(g) Agreements.--ICE is directed to publish applications for new or renewed 287(g) agreements on its website at least eight weeks prior to entering into any such agreement. In addition, ICE shall ensure thorough vetting of 287(g) applicants to minimize detention conditions that do not fully comply with Performance-Based National Detention Standards and Prison Rape Elimination Act standards. Access to Due Process.--Not later than 90 days after the date of enactment of this Act, ICE is directed to provide a report to the Committees on overall access for attorneys and detainee representatives to ICE facilities. The report shall include the number of legal visits that were denied or not facilitated and the number of facilities that do not meet ICE standards for attorney/client communications. ICE is directed to make detention facility contact information and information regarding facility legal accommodations available on the ICE public website. ATD and Case Management Services.--The agreement provides $440,122,000 for ATD, a net increase of $86,181,000 above the request, including the following adjustments: a reduction of $1,815,000 for personnel cost adjustments; a reduction of $22,004,000 associated with proposed hiring; an increase of $85,000,000 to expand the program; and an increase of $25,000,000 to expand participation in case management services provided by non-governmental organizations and community partners. In recognition of ICE's significant lack of referral approvals for enrollment into existing case management services provided by non-governmental organizations and community partners, the agreement includes funding through the Office of Civil Rights and Civil Liberties (OCRCL) within the Office of the Secretary and Executive Management for a case management services grant pilot program to be executed by nonprofit organizations and local communities. With the grants expertise support of the Federal Emergency Management Agency (FEMA), the pilot will be managed by a national board, similar to the Emergency Food and Shelter program, and chaired by the Officer for Civil Rights and Civil Liberties. Not later than 60 days after the date of enactment of this Act, OCRCL shall brief the Committees on: (1) progress toward establishing a national board with experience in executing federal grant funding and providing the relevant case management services; (2) the planned requirements and assessment criteria for making grant awards; (3) the locations in which the pilot will operate; and (4) the planned metrics for evaluating the program. At the completion of the program, OCRCL shall provide a report to the Committees with recommendations for providing ATD case management services. Not later than 60 days after the date of enactment of this Act, ICE, in collaboration with OCRCL and the Privacy Office, is directed to develop a process for complying with the requirements and intent of the case management pilot program. ICE shall ensure that any individual released from ICE custody on parole, bond, or into the ATD program who resides in an area covered by the pilot program is made aware of these case management services and is referred for services unless they formally decline such services in writing. ICE shall also provide relevant contact and case file information for such individuals to the grantee servicing the area where such individuals reside. These requirements shall also apply for anyone residing in such area who is enrolled in the ATD program as of the date of enactment of this Act. ICE shall provide information describing this process to FEMA, the national board responsible for administering the pilot grant program, and each grant recipient. To ensure compliance with congressional intent, FEMA, ICE, OCRCL, and the Privacy Office are directed to jointly brief the Committees on this process prior to its execution. In any area not actively served by the pilot program, ICE shall continue to use its resources to provide case management services. ICE shall continue to brief the Committees on any ATD contracts it awards under this program, including contracts involving the ``Know Your Rights'' program for new participants. In addition, ICE is directed to continue exploring the use of ATD models on an ongoing basis; prioritizing the use of such detention alternatives for immigrant children and their families, when appropriate; and seeking the release of individuals and their family members who pass credible fear screening and do not present a public safety or flight risk. ICE shall continue to publish annually the following policies and data relating to ATD: guidance for referral, placement, escalation, and de-escalation decisions; enrollment by Field Office; information on the length of enrollment broken down by ATD type; and a breakdown of enrollment by type and point of apprehension. ICE shall consider enrollment referrals from non- governmental organizations (NGOs) and community partners, and actively collaborate with these organizations to establish criteria for such referrals, guidelines for submission, and criteria for how ICE will consider such enrollment referrals. ICE shall submit a report to the Committees on progress in establishing these guidelines within 60 days of the date of enactment of this Act and quarterly thereafter until the guidelines are finalized. ICE shall submit an annual report on the number of referrals submitted by NGOs and the number of such referrals accepted into ATD programs that utilize case management programs. Finally, Congress appropriated $4,000,000 for ICE in fiscal year 2020 to fund an independent review of the ATD program. ICE is reminded of the requirement that the review and analysis be informed by discussions with government officials, current program operators, non-governmental immigration policy stakeholders, and current participants in the [[Page H8473]] program, and by reviewing similar programs in other countries. Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees providing an analysis of each active program within the last five years funded through the ATD PPA. This report shall include data regarding compliance with court appearances, immigration appointments, and removal orders; cost per individual served; and response times by ICE or an ATD contractor for participant requests for help in seeking legal counsel, family contact, and medical treatment, including mental health services. Detainee Forms.--ICE is directed to make every reasonable attempt to provide forms to detained persons in a language in which the person is conversant, beginning with the forms that detained persons must sign. Not later than 120 days after the date of enactment of this Act, ICE is directed to brief the Committees on the status of this effort, including updates on translation for each form type, whether additional resources are needed to achieve this directive, and the steps ICE is taking to ensure that such detained persons fully understand the content of any form they are requested to sign or are given. Detention Facility Inspections.--Not later than 60 days after the date of enactment of this Act, ICE is directed to report on its progress in transitioning to routine, semiannual inspections by the Office of Detention Oversight and the process for complying with section 215 of this Act. ICE shall report the results of those inspections on a public facing website within 60 days of each inspection, as required for inspection reports in fiscal year 2020. Expulsions Data.--ICE is directed to report to the Committees on a weekly basis the total number of persons who were, or are, in the physical custody of ICE at any time during the preceding week for the purposes of expulsion pursuant to the Order Suspending Introduction of Certain Persons from Countries Where a Communicable Disease Exists, which was first issued by the Department of Health and Human Services (HHS) on March 20, 2020, or any subsequent policy requiring expulsions, including such individuals' age, nationality, and time in custody. Healthcare Costs for Immigrants in Detention.--ICE is directed to provide an annual report on the cost of administering healthcare, including mental health or preventative services, in the detention system. The report shall include all sources of funding utilized to provide healthcare services to individuals in custody, including all such funding provided by HHS under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136), other federal agencies, or state, local, or private sources of funding. The report shall include the number of instances when detainees were transported to hospitals, emergency rooms, or other healthcare facilities and shall note instances of serious medical or mental health conditions, pregnancy, disability, or positive or presumptive cases of communicable diseases impacting more than 100 detainees, along with antibody positive cases for diseases when such tests are available. Further, the report shall detail the number and type of position of medical personnel, including pediatric medical professionals, and mental health staff at each ICE detention facility and note any position that has been vacant for 30 or more days. Immigration Enforcement at Sensitive Locations.--ICE is directed to follow its policy regarding enforcement actions at or near sensitive locations, including courthouses, and is encouraged to examine the impacts of expanding the policy to additional locations not currently included, such as school bus stops or other locations where children congregate; USCIS offices; mental health, emergency, and social services centers; and other locations where community impacts should be balanced against ICE law enforcement interests. Further, ICE is directed to provide its officers with guidance and training for engaging with victims and witnesses of crime, including victims of domestic violence, and to strengthen policy guidance on enforcement actions in or near sensitive locations, including courthouses, in order to minimize any effect that immigration enforcement may have on the willingness and ability of victims and witnesses to pursue justice. Kiosks for Non-Detained Appearances.--ICE is directed to continue its program to enable certain aliens on the non- detained docket to report via self-service kiosks. The agreement provides not less than $3,000,000 for this program. Know Your Rights.--Not later than 30 days after the date of enactment of this Act, the Director of ICE shall brief the Committees on a plan to provide a Know Your Rights presentation to individuals placed in expedited removal proceedings after presenting at a land port of entry if such individuals claim asylum or otherwise express a fear of persecution. Such presentations should be delivered in a language in which the individuals are conversant and should include written materials. Law Enforcement Support Center (LESC).--The agreement provides not less than $34,500,000, as requested, to support the authorized level of 248 full-time law enforcement specialists and officers at the LESC, which serves a critical function in federal efforts to identify and locate undocumented immigrants with serious felony records. ICE is directed to take steps to ensure that current LESC operations remain centralized at the current facility and are not unnecessarily duplicated in other parts of the country. The Department is also directed to notify the Committees prior to the reallocation of any resources currently intended for LESC operations in Vermont; it is expected that no such reallocation will be made without the concurrence of the Committees. ICE is reminded of the LESC reporting requirement in the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2019 (Public Law 116-6). Mobile Criminal Alien Teams.--ICE is directed to continue operating Mobile Criminal Alien Teams and to brief the Committees not later than 90 days after the date of enactment of this Act if additional teams are required to identify and remove violent criminal aliens. Pregnant Women.--ICE is directed to provide semiannual reports on the total number of pregnant or lactating women in ICE custody, including detailed justification of the circumstances warranting each such detainee's continued detention and the length of detention. These anonymized reports shall be made publicly available on the ICE website. Private Immigration Bills.--In May 2017, ICE changed its long-standing policy of providing a temporary stay of removal for individuals who are the subject of a private immigration bill introduced in Congress when the Chair of the House or Senate Committee on the Judiciary, or appropriate subcommittee, submits a request for an investigation report on that individual. ICE is reminded that the prior process was the direct result of negotiations between the Executive and Legislative branches of government and was bipartisan. Accordingly, ICE is directed to brief the Committees, not later than 180 days after the date of enactment of this Act, on its policy for responding to official requests for reports on individuals for whom private immigration bills have been introduced in the House or Senate. The briefing shall include a detailed explanation for ICE's abrupt change in policy and specify any documentation related to the prior policy, including but not limited to all Memoranda of Understanding between Congress and ICE or the legacy Immigration and Naturalization Service. Protecting Victims and Witnesses of Crime.--By not later than 180 days after the date of enactment of this Act, ICE shall report on steps taken to minimize the effect of immigration enforcement activity on crime victims and witnesses. Reducing Average Length of Stay.--ICE is directed to work with federal partners, including those within the Department of Justice and HHS, to ensure that individuals in civil detention are treated fairly and safely while expeditiously moving through the immigration enforcement process and to brief the Committees quarterly on process improvements and coordination efforts. Sex Offender Release Notifications.--The agreement provides $2,000,000 to identify potential information gaps within the Sex Offender Registration and Notification Act (Public Law 109-248) exchange portal and to address these gaps in a manner that ensures that data on ICE detainees with sex or violent offender records are provided in real time to jurisdictions where such detainees will reside. Student and Exchange Visitor Program.--ICE is expected to continue its guidance issued on March 13, 2020, with respect to the maintenance of or eligibility for international student nonimmigrant status, and is urged to include applications for nonimmigrant status under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). Mission Support Radios.--ICE is directed to brief the Committees not later than 90 days after the date of enactment of this Act on its future radio needs and identify how it will fulfill future radio upgrades or needs using a fair and open competition. Office of the Principal Legal Advisor The agreement provides $313,664,000 for the Office of the Principal Legal Advisor to sustain prior year hiring initiatives congruent with expansion of immigration court capacity. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides $7,155,000 below the request. The proposed funding for the expansion of Executive Office for Immigration Review facilities is not included. Obligation and Expenditure Plans.--ICE is directed to provide a briefing on proposed PC&I obligation and expenditure plans not later than 60 days after the date of enactment of this Act. Such plans shall include all prior year unexpended balances. Transportation Security Administration OPERATIONS AND SUPPORT The agreement includes $224,296,000 above the budget request, including: $4,250,000 to continue field assessments to identify pipeline cybersecurity gaps; $3,100,000 for the Federal Flight Deck Officer and Flight Crew Training programs; $61,789,000 to continue the Visible Intermodal Prevention and Response Team program; $46,392,000 to continue the Law Enforcement Officer Reimbursement Program; $87,186,000 to continue legally mandated staffing at certain exit lanes; and $65,593,000 to maintain a consistent onboarding schedule for the TSA workforce, partially rejecting a proposal to delay hiring. The agreement provides $36,297,000 for implementation of service pay and the next [[Page H8474]] iteration of career progression for TSA's screening workforce; $764,643,000 for the Federal Air Marshal Service (FAMS); and $169,513,000 for the National Explosives Detection Canine Team Program. The agreement does not include funding requested for anticipated passenger volume growth in fiscal year 2021, in light of current reductions in passenger volume, and rejects the proposal to significantly reduce costs associated with screener recruitment, training, and consumables. The agreement includes a reduction of $83,315,000 below the request for personnel cost adjustments. Airport Management.--Working with partner agencies, TSA is expected to seek opportunities to improve the Ronald Reagan Washington National Airport Access Standard Security Program (DASSP) and, in particular, to ensure that the application approval process to participate in the DASSP takes no longer than 120 days. TSA is also expected to continue to make screenings available beyond 5:00 p.m. for Temporary Flight Restriction (TFR) designated gateways when a TFR is in effect. It is noted that TSA's Industry Engagement Manager for General Aviation serves as the single point of contact for the general aviation community. Airport Operations Centers (AOC).--TSA shall brief the Committees not later than 90 days after the date of enactment of this Act on its response to recommendations to establish full-time AOCs at airports. The briefing should address the feasibility of providing TSA financial assistance to establish AOCs through the use of appropriated resources or the Aviation Security Capital Fund. Aviation Worker Screening.--TSA shall brief the Committees prior to any final decision on implementation of the proposed ASP National Amendment, TSA-NA-20-02--Aviation Worker. The briefing shall include a description of TSA's process to date, any outstanding issues or comments, and proposed timelines and activities for implementation of the program. The briefing shall also address the full impact, costs, and benefits of this proposal on all affected airports. Digital Imaging and Communications in Security (DICOS) Standard.--TSA shall brief the Committees within 90 days of the date of enactment of this Act on progress made to develop open architecture compliance requirements, including a description of such requirements; a schedule for implementation; and the use of a Transportation Security Equipment (TSE) configuration or prototype that leverages data in a DICOS standard compliant format. Exit Lane Staffing.--With regard to remodeling and modernization efforts undertaken by airports at existing exit lanes that TSA was responsible for monitoring on December 1, 2013, TSA shall continue to be responsible for monitoring those exit lanes after the remodeling or modernization efforts are completed. FAMS.--TSA is directed to submit semiannual reports on FAMS mission coverage, staffing levels, and hiring rates as it has done in prior years. National Explosives Detection Canine Team Program.--TSA shall continue to use risk-based methodology to deploy canine teams to the highest risk airports. Passenger Screening Canine Teams.--In addition to implementing the recommendations from the OIG report, TSA's Challenges with Passenger Screening Canine Teams (OIG-20-28), and providing appropriate updates, TSA shall brief the Committees within 90 days of the date of enactment of this Act on its efforts to improve the effectiveness of passenger screening canine teams, as well as its methodology for determining where teams are deployed. Passenger Volume Growth.--TSA shall make the Committees aware of any analysis that forecasts long-term passenger volume. Screening Partnership Program (SPP).--TSA shall notify the Committees within 10 days of any change to a private screening contract, including any new SPP award or any transition from privatized screening to federal screening. Screening Technology Maintenance.--TSA is directed to determine best practices for assessing equipment performance by testing and evaluating protocols and analyzing trends of degraded performance that occur during normal use. Additionally, within 90 days of the date of enactment of this Act, TSA shall brief the Committees on steps it has taken or is taking to implement the recommendations of GAO-20-56, Aviation Security: TSA Should Ensure Screening Technologies Continue to Meet Detection Requirements after Deployment. Screening Workforce Pay Strategy.--Not later than 180 days after the date of enactment of this Act, TSA shall provide a report to the Committees detailing the number of Transportation Security Officers (TSO) hired since fiscal year 2016 and their corresponding retention levels, delineated by fiscal year. As part of this report, TSA shall include a plan for continuous and sustained human capital investment to develop a more effective and efficient workforce. In addition, within 90 days of the date of enactment of this Act and quarterly thereafter, TSA is directed to provide reports to the Committees on the effect of pay reform on TSO retention levels. Staffing Report.--TSA shall provide a report to the Committees within 90 days of the date of enactment of this Act and monthly thereafter on staffing levels by major personnel categories. Such report shall display the following for each personnel category: onboard positions and FTE levels at the end of the previous fiscal year; onboard positions and FTE levels funded through enacted appropriations for the current year; and onboard positions and FTE at the end of the month being reported. Touchless Screening.--Within 60 days of the date of enactment of this Act, TSA shall provide a report to the Committees detailing current efforts to ensure checkpoints are sanitary; initiatives to limit interactions that are not conducive to a touchless screening environment between passengers and TSOs without adversely impacting the core security mission; and proposals for procurement and acquisition of available technologies to promote a touchless screening environment. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides $101,107,000 above the request, including $30,000,000 above the request for reimbursements to airports for the purchase of legacy in-line explosive detection equipment. Additionally, the agreement provides a total of $100,000,000 for the procurement and deployment of computed tomography (CT) machines and credential authentication technology (CAT) systems. TSA shall consider small and rural airports, in addition to larger airports, when determining locations for deployment of CT and CAT systems. Within 45 days of the date of enactment of this Act, TSA shall brief the Committees on its proposed allocation of these funds. Advanced Imaging Technology (AIT).--TSA is directed to brief the Committees within 90 days of the date of enactment of this Act on the development of comprehensive guidance, policies, and procedures to ensure accuracy and consistency in monitoring the performance of AIT systems throughout the duration of their use, as recommended in the OIG report, OIG- 20-33. This briefing shall also include an update on TSA's efforts to enhance the effectiveness of the current AIT fleet; improve testing and evaluation of international screening technology; and identify additional manufacturers of screening equipment with the potential to meet or exceed the minimum screening standard. TSA should proceed without delay in evaluating and validating enhanced AIT systems. Checkpoint Support.--Not later than 180 days after the date of enactment of this Act, TSA shall brief the Committees on its plans to replace technically obsolete TSE with new and improved systems that better meet security requirements. The plan should address TSE procured with both O&S and PC&I funds. CAT.--Within 90 days of the date of enactment of this Act, TSA shall provide a report to the Committees detailing airports at which CAT is currently deployed; airports at which CAT is not currently deployed; and a plan for the full procurement and deployment of CAT systems at all U.S. airports. Quarterly Briefings.--TSA is directed to continue providing quarterly briefings to the Committees on investment plans for checkpoint security and Explosives Detection System (EDS) refurbishment, procurement, and installation, on an airport- by-airport basis. Additionally, TSA shall brief the Committees on an updated timeline and allocation plan for EDS reimbursement funds within 60 days of the date of enactment of this Act. RESEARCH AND DEVELOPMENT The agreement provides $29,524,000, as requested. Coast Guard OPERATIONS AND SUPPORT The agreement provides an increase of $107,406,000 above the request, including increases of: $6,000,000 for recruitment and retention; $6,359,000 for training and critical course development; $14,000,000 for VHF communication infrastructure modernization in Alaska; $6,000,000 to implement a big data platform; $6,500,000 for phone systems modernization; $15,000,000 for next generation cutter underway connectivity; $3,000,000 to support MH-65 Link 16; $16,000,000 for cyber readiness; $17,500,000 for cutter navigation and domain awareness systems; $4,000,000 to meet increased demand for the child care subsidy; $1,500,000 for the Great Lakes Oil Spill Center of Expertise and related activities, for a total of $3,000,000; $4,900,000 for additional mental health support and services; $10,000,000 for recapitalization and modernization of applications at the U.S. Coast Guard Operations Systems Center; $5,000,000 for environmental remediation projects related to per- and polyfluoroalkyl substances evaluations and response; $1,500,000 for critical intermediate and depot level maintenance; $2,500,000 for the Safe Homes Initiative; $6,000,000 to continue the Fishing Safety Training Grants and Fishing Safety Research Grants programs; and $5,000,000 for the National Coast Guard Museum. The agreement includes reductions to the request of $18,833,000 associated with personnel cost adjustments and $4,500,000 associated with travel and management efficiencies. Funding is provided to meet the air facility operation obligations laid out in section 676a of title 14, United States Code. Hazardous Materials Threat.--The Coast Guard shall provide a report to the Committees not later than 120 days after the date of enactment of this Act detailing the threat assessment level, including any recent changes, for marine liquefied natural gas and liquefied petroleum gas facilities in the Northeastern United States. [[Page H8475]] Interoperability Gateway System (IGS).--The need to deploy IGS technologies is recognized as important in order to connect radio, voice, text, video, and data files in a secure environment. The Coast Guard is directed to assess compliance requirements and develop an associated investment plan for interoperable communications systems to be submitted with the fiscal year 2022 budget request. Mission Requirements.--The Coast Guard is directed to evaluate the mission requirements for the Arctic Program Office and the Blue Technology Center of Excellence, and to brief the Committees not later than 90 days after the date of enactment of this Act if additional resources are necessary to enhance mission capabilities and operations. Oil Spill Liability Trust Fund (OSLTF).--The Coast Guard shall brief the Committees not later than 30 days after the date of enactment of this Act on its method for determining property ownership and liability for responses funded by the OSLTF during the cost recovery phase. Further, the Coast Guard shall provide a report to the Committees not later than 90 days after the date of enactment of this Act detailing the number and location of outstanding claims under the OSLTF and the current stage of cost recovery for each such claim. Small Passenger Vessels.--The Coast Guard is encouraged to improve safety standards for small passenger vessels, including those with overnight passengers. This includes addressing means of escape, rechargeable devices, wakefulness alert systems, and interconnected fire detection and suppression systems. The Coast Guard is directed to brief the Committees not later than 90 days after the date of enactment of this Act on these efforts. Training Improvements.--The Coast Guard is directed to assess its training and programs for officers and military justice personnel on how to address bullying, harassment, and retaliation cases and to brief the Committees, not later than 120 days after the date of enactment of this Act, on additional resources required to remediate any identified shortfalls. Procurement, Construction, and Improvements The agreement provides an increase of $626,950,000 above the request, including the following: $4,000,000 for survey and design of a Great Lakes Ice Breaker; $240,000,000 for four Fast Response Cutters (FRCs); $5,500,000 for rigid inflatable boats to support the Maritime Security Response Teams; $110,000,000 for the HC-130J aircraft program; $48,000,000 to recapitalize MH-60T aircraft with new hulls; and $3,000,000 for the National Maritime Center for continued improvements to systems that serve the mariner community. The agreement includes a total of $266,350,000, for Major Construction; Housing; Aids to Navigation; and Survey and Design, including funding for the following Shore Construction, Supporting Operational Assets, and Maritime Commerce category projects identified in the Coast Guard's Unfunded Priorities List (UPL): (1) recapitalization of the two highest priority pier projects; (2) recapitalization of a waterfront bulkhead; and (3) the two highest priority air station projects. The total also includes the two housing projects on the UPL for Housing, Family, Support, Safety, and Training Facilities. The agreement assumes $7,100,000 derived from the Coast Guard Housing Fund will also be available for these housing projects. The agreement provides $91,831,000 for Major Acquisition Systems Infrastructure, which includes funding to support the Offshore Patrol Cutter (OPC) homeport facility improvements described on the UPL. Domestic Content.--To the maximum extent practicable, the Coast Guard is directed to utilize components that are manufactured in the United States when contracting for new vessels, including: auxiliary equipment, such as pumps for shipboard services; propulsion equipment including engines, reduction gears, and propellers; shipboard cranes; and spreaders for shipboard cranes. Full-Funding Policy.--The Coast Guard shall be exempted from the current acquisition policy that requires the Coast Guard to attain the total acquisition cost for a vessel, including long lead time materials, production costs, and postproduction costs, before a production contract can be awarded, consistent with congressional direction in prior years. National Security Cutter (NSC) Program.--The NSC program has helped prevent more than 226 metric tons of contraband from reaching U.S. shores. The agreement does not include the proposed rescission of $70,000,000 appropriated in fiscal year 2020 that was made available for long lead time material for a 12th NSC. The Coast Guard is encouraged to officially convey a determination to the Committees as to whether a 12th vessel is needed. OPC Program.--In addition to the direction to continue briefings as detailed in House Report 116-458, the Coast Guard shall brief the Committees within one week prior to taking any procurement actions impacting estimated costs for the OPC program. UPL.--The Commandant is directed to provide to the Committees, at the time of the budget submission, a list of approved but unfunded Coast Guard priorities and the funds needed for each. Research and Development The agreement provides an increase of $5,000,000 above the request, including $3,000,000 for Unmanned Aerial Systems and $2,000,000 to evaluate the potential use of bromine-free water systems on the NSC, OPC, and FRC class ships. United States Secret Service OPERATIONS AND SUPPORT The agreement provides $62,813,000 above the request, including the following: $7,500,000 for overtime pay; $7,800,000 for additional retention initiatives; $1,600,000 for cyber fraud task force modernization; $11,300,000 for IT support and infrastructure modernization; $10,000,000 for radios and hubs; $43,057,000 to support additional protection requirements related to the transition of administrations; $30,377,000 to continue and expand training in computer forensics by the National Computer Forensics Institute (NCFI); $6,200,000 for Operational Mission Support; and $6,200,000 for overtime pay above the pay cap in calendar year 2020, for which authority is provided in bill language for up to $15,000,000. Within the total amount provided, the bill makes $41,807,000 available until September 30, 2022, including $11,480,000 for the James J. Rowley Training Center; $7,827,000 for Operational Mission Support; $18,000,000 for protective travel; and $4,500,000 for National Special Security Events (NSSE). The agreement includes a reduction of $26,571,000 below the budget request associated with personnel cost adjustments. Cyber Fraud Task Force Modernization.--Not later than 90 days after the date of enactment of this Act, the United States Secret Service (USSS) is directed to provide a briefing on the Cyber Fraud Task Force, which was established through a merger of the Electronic Crimes Task Force and the Financial Crimes Task Force. The briefing should include current obstacles to addressing evolving cyber-threats. Next Generation Presidential Limousine.--USSS is directed to provide quarterly updates on the progress of Next Generation Presidential Limousine acquisition, including delivery deadlines. Presidential Campaigns and NSSE.--Not later than 180 days after the date of enactment of this Act, the USSS is directed to provide a briefing on the use of funds to support currently planned and unanticipated NSSE and to provide a follow-on briefing not later than six months after the initial briefing. Strategic Human Capital Plan.--Not later than 90 days after the date of enactment of this Act, USSS, in coordination with the department's Chief Human Capital Officer, is directed to provide a strategic human capital plan for fiscal years 2021 through 2025 that aligns mission requirements with resource projections and delineates between protective and investigative missions. The plan shall address how projected resources can provide the appropriate combination of special agents and Uniformed Division officers to avoid routine leave restrictions; enable a regular schedule of mission-critical training; and provide appropriate levels of support staffing. The plan shall address how the Secret Service will satisfy training targets for the Presidential and Vice Presidential Protective Divisions under current and planned staffing levels, consistent with the recommendation contained in GAO- 19-415. The plan shall also address the annual cost of and participation rate in various hiring and retention initiatives, including the Uniformed Division Retention Bonus. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS The agreement provides an increase above the request of $14,650,000, to fund the Fully Armored Vehicle Program through this account instead of through the Operations and Support account, as proposed. RESEARCH AND DEVELOPMENT The agreement includes the amount requested. Not later than 180 days after the date of enactment of this Act, USSS is directed to provide a report on the use of the funds for the fiscal year 2020 pilot program to maximize and evaluate effective instruction at NCFI, including how the program is meeting previously unmet needs and any additional efficiencies achieved in preparing for and assessing the training of students. TITLE II--ADMINISTRATIVE PROVISIONS Section 201. The agreement continues a provision regarding overtime compensation. Section 202. The agreement continues a provision allowing CBP to sustain or increase operations in Puerto Rico and the U.S. Virgin Islands with appropriated funds. Section 203. The agreement continues a provision regarding the availability of passenger fees collected from certain countries. Section 204. The agreement continues a provision allowing CBP access to certain reimbursements for preclearance activities. Section 205. The agreement continues a provision regarding the importation of prescription drugs from Canada. Section 206. The agreement continues a provision regarding the waiver of certain navigation and vessel-inspection laws. Section 207. The agreement continues a provision preventing the establishment of new border crossing fees at LPOEs. Section 208. The agreement includes a provision requiring the Secretary to submit an expenditure plan for funds made available under ``U.S. Customs and Border Protection-- Procurement, Construction, and Improvements''. [[Page H8476]] Section 209. The agreement includes a provision allocating funds within CBP's Procurement, Construction, and Improvements account for specific purposes. Section 210. The agreement includes a provision making certain funds under ``U.S. Customs and Border Protection-- Procurement, Construction and Improvements'' available for the same purpose and in the same amount as in fiscal year 2020. Section 211. The agreement continues a provision prohibiting the construction of border security barriers in specified areas. Section 212. The agreement includes a provision on vetting operations at existing locations. Section 213. The agreement continues a provision allowing the Secretary to reprogram funds within and transfer funds to ``U.S. Immigration and Customs Enforcement--Operations and Support'' to ensure the detention of aliens prioritized for removal. Section 214. The agreement continues a provision prohibiting the use of funds provided under the heading ``U.S. Immigration and Customs Enforcement--Operations and Support'' to continue a delegation of authority under the 287(g) program if the terms of an agreement governing such delegation have been materially violated. Section 215. The agreement continues and modifies a provision prohibiting the use of funds provided under the heading ``U.S. Immigration and Customs Enforcement-- Operations and Support'' to contract with a facility for detention services if the facility receives less than ``adequate'' ratings in two consecutive performance evaluations, and requires that such evaluations be conducted by the ICE Office of Professional Responsibility by January 1, 2021. Section 216. The agreement continues and modifies a provision that requires ICE to provide statistics about its detention population. Section 217. By reference, the agreement continues provisions related to information sharing and on reporting under the 287(g) program. Section 218. The agreement continues a provision clarifying that certain elected and appointed officials are not exempt from federal passenger and baggage screening. Section 219. The agreement continues a provision directing TSA to deploy explosives detection systems based on risk and other factors. Section 220. The agreement continues a provision authorizing TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for other purposes authorized by law. Section 221. The agreement continues a provision prohibiting the use of funds in abrogation of the statutory requirement for TSA to monitor certain airport exit points. Section 222. The agreement continues a provision requiring TSA to provide a report that includes the Capital Investment Plan, the five-year technology investment plan, and information on Advanced Integrated Passenger Screening Technologies. Section 223. The agreement includes a provision to extend the authority for a reimbursable TSA pilot program first authorized in Public Law 116-6 through fiscal year 2023 to enable completion of the pilot program. Section 224. The agreement continues a provision prohibiting funds made available by this Act for recreational vessel expenses, except to the extent fees are collected from owners of yachts and credited to this appropriation. Section 225. The agreement continues a provision under the heading ``Coast Guard--Operations and Support'' allowing up to $10,000,000 to be reprogrammed to or from Military Pay and Allowances. Section 226. The agreement continues a provision requiring the Commandant of the Coast Guard to submit a future-years capital investment plan. Section 227. The agreement modifies a provision related to the reallocation of funds for certain overseas activities. Section 228. The agreement continues a provision prohibiting funds to reduce the staff or mission at the Coast Guard's Operations Systems Center. Section 229. The agreement continues a provision prohibiting the use of funds to conduct a competition for activities related to the Coast Guard National Vessel Documentation Center. Section 230. The agreement continues a provision allowing the use of funds to alter, but not reduce, operations within the Civil Engineering program of the Coast Guard. Section 231. The agreement includes a provision allowing for use of the Coast Guard Housing Fund. Section 232. The agreement continues a provision allowing the Secret Service to obligate funds in anticipation of reimbursement for personnel receiving training. Section 233. The agreement continues a provision prohibiting the use of funds by the Secret Service to protect the head of a federal agency other than the Secretary of Homeland Security, except when the Director has entered into a reimbursable agreement for such protection services. Section 234. The agreement continues a provision allowing the reprogramming of funds within ``United States Secret Service-Operations and Support''. Section 235. The agreement continues a provision allowing funds made available within ``United States Secret Service- Operations and Support'' to be available for travel of employees on protective missions without regard to the limitations on such expenditures. TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Cybersecurity and Infrastructure Security Agency operations and support The agreement includes a net increase of $224,178,000 above the budget request. This includes $226,256,000 above the request to maintain current services, and $54,516,000 in enhancements that are described in more detail below. Assumed in the current services level of funding are several rejections of proposed reductions to prior year initiatives and the inclusion of necessary annualizations to sustain them, such as: $35,606,000 for threat analysis and response; $5,507,000 for soft targets and crowded places security, including school safety and best practices; $6,852,000 for bombing prevention activities, including the train-the- trainer programs; and $67,371,000 to fully fund the Chemical Facility Anti-Terrorism Standards program. The agreement includes the following reductions below the budget request: $6,937,000 for personnel cost adjustments; $2,500,000 of proposed increases to the CyberSentry program; $11,354,000 of proposed increases for the Vulnerability Management program; $2,000,000 of proposed increases to the Cybersecurity Quality Service Management Office (QSMO); $6,500,000 of proposed increases for cybersecurity advisors; and $27,303,000 for the requested increase for protective security advisors. Of the total amount provided for this account, $22,793,000 is available until September 30, 2022, for the National Infrastructure Simulation Analysis Center. Financial Transparency and Accountability.--The Cybersecurity and Infrastructure Security Agency (CISA) is directed to submit the fiscal year 2022 budget request at the same level of PPA detail provided in the table at the end of this report with no further adjustments to the PPA structure. Further, CISA shall brief the Committees not later than 45 days after the date of enactment of this Act and quarterly thereafter on: a spend plan; detailed hiring plans with a delineation of each mission critical occupation (MCO); procurement plans for all major investments to include projected spending and program schedules and milestones; and an execution strategy for each major initiative. The hiring plan shall include an update on CISA's hiring strategy efforts and shall include the following for each MCO: the number of funded positions and FTE within each PPA; the projected and obligated funding; the number of actual onboard personnel as of the date of the plan; and the hiring and attrition projections for the fiscal year. Infrastructure Security Mission.--Not later than 180 days after the date of enactment of this Act, the Office of the Director of CISA, in conjunction with the Infrastructure Security Division (ISD), shall brief the Committees on a strategic plan for the implementation of ISD programs with clear outcomes and metrics for defining the needs, authorities, and capabilities of fulfilling the infrastructure security requirements of the Nation. National Critical Functions.--The Director of CISA, jointly with the Administrator of FEMA, is expected to complete the briefing requirement included in Senate Report 116-125 regarding implementation of CISA's National Critical Functions and FEMA's Community Lifelines. Cybersecurity Cyber Defense Education and Training (CDET).--The agreement includes $29,457,000 for CISA's CDET programs, an increase of $20,607,000 above the request that is described in further detail below. Efforts are underway to address the shortage of qualified national cybersecurity professionals in the current and future cybersecurity workforce. In order to move forward with a comprehensive plan for a cybersecurity workforce development effort, the agreement includes $10,000,000 above the request to enhance cybersecurity education and training and programs to address the national shortfall of cybersecurity professionals, including activities funded through the use of grants or cooperative agreements as needed in order to fully comply with congressional intent. CISA should consider building a higher education consortium of colleges and universities, led by at least one academic institution with an extensive history of education, research, policy, and outreach in computer science and engineering disciplines; existing designations as a land-grant institution with an extension role; a center of academic excellence in cyber security operations; a proven track record in hosting cyber corps programs; a record of distinction in research cybersecurity; and extensive experience in offering distance education programs and outreach with K-12 programs. The agreement also includes $4,300,000 above the request for the Cybersecurity Education and Training Assistance Program (CETAP), which was proposed for elimination, and $2,500,000 above the request to further expand and initiate cybersecurity education programs, including CETAP, which improve education delivery methods for K-12 students, teachers, counselors and post-secondary institutions and encourage students to pursue cybersecurity careers. Further, the agreement includes $2,500,000 above the request to support CISA's role [[Page H8477]] with the National Institute of Standards and Technology, National Initiative for Cybersecurity Education Challenge project or for similar efforts to address shortages in the cybersecurity workforce through the development of content and curriculum for colleges, universities, and other higher education institutions. Lastly, the agreement includes $800,000 above the request for a review of CISA's program to build a national cybersecurity workforce. CISA is directed to enter into a contract for this review with the National Academy of Public Administration, or a similar non-profit organization, within 45 days of the date of enactment of this Act. The review shall assess: whether the partnership models under development by CISA are positioned to be effective and scalable to address current and anticipated needs for a highly capable cybersecurity workforce; whether other existing partnership models, including those used by other agencies and private industry, could usefully augment CISA's strategy; and the extent to which CISA's strategy has made progress on workforce development objectives, including excellence, scale, and diversity. A report with the findings of the review shall be provided to the Committees not later than 270 days after the date of enactment of this Act. Cyber QSMO.--To help improve efforts to make strategic cybersecurity services available to federal agencies, the agreement provides $1,514,000 above the request to sustain and enhance prior year investments. As directed in the House report and within the funds provided, CISA is directed to work with the Management Directorate to conduct a crowd- sourced security testing program that uses technology platforms and ethical security researchers to test for vulnerabilities on departmental systems. In addition, not later than 90 days after the date of enactment of this Act, CISA is directed to brief the Committees on opportunities for state and local governments to leverage shared services provided through the Cyber QSMO or a similar capability and to explore the feasibility of executing a pilot program focused on this goal. Cyber Threats to Critical Election Infrastructure.--The briefing required in House Report 116-458 regarding CISA's efforts related to the 2020 elections shall be delivered not later than 60 days after the date of enactment of this Act. CISA is directed to continue working with SLTT stakeholders to implement election security measures. Cybersecurity Workforce.--By not later than September 30, 2021, CISA shall provide a joint briefing, in conjunction with the Department of Commerce and other appropriate federal departments and agencies, on progress made to date on each recommendation put forth in Executive Order 13800 and the subsequent ``Supporting the Growth and Sustainment of the Nation's Cybersecurity Workforce'' report. Hunt and Incident Response Teams.--The agreement includes an increase of $3,000,000 above fiscal year 2020 funding levels to expand CISA's threat hunting capabilities. Joint Cyber Planning Office (JCPO).--The agreement provides an increase of $10,568,000 above the request to establish a JCPO to bring together federal and SLTT governments, industry, and international partners to strategically and operationally counter nation-state cyber threats. CISA is directed to brief the Committees not later than 60 days after the date of enactment of this Act on a plan for establishing the JCPO, including a budget and hiring plan; a description of how JCPO will complement and leverage other CISA capabilities; and a strategy for partnering with the aforementioned stakeholders. Multi-State Information Sharing and Analysis Center (MS- ISAC).--The agreement provides $5,148,000 above the request for the MS-ISAC to continue enhancements to SLTT election security support, and furthers ransomware detection and response capabilities, including endpoint detection and response, threat intelligence platform integration, and malicious domain activity blocking. Software Assurance Tools.--Not later than 90 days after the date of enactment of this Act, CISA, in conjunction with the Science and Technology Directorate, is directed to brief the Committees on their collaborative efforts to transition cyber-related research and development initiatives into operational tools that can be used to provide continuous software assurance. The briefing should include an explanation for any completed projects and activities that were not considered viable for practice or were considered operationally self-sufficient. Such briefing shall include software assurance projects, such as the Software Assurance Marketplace. Updated Lifecycle Cost Estimates.--CISA is directed to provide a briefing, not later than 60 days after the date of enactment of this Act, regarding the Continuous Diagnostics and Mitigation (CDM) and National Cybersecurity Protection System (NCPS) program lifecycles. The briefing shall clearly describe the projected evolution of both programs by detailing the assumptions that have changed since the last approved program cost and schedule baseline, and by describing the plans to address such changes. In addition, the briefing shall include an analysis of alternatives for aligning vulnerability management, incident response, and NCPS capabilities. Finally, CISA is directed to provide a report not later than 120 days after the date of enactment of this Act with updated five-year program costs and schedules which is congruent with projected capability gaps across federal civilian systems and networks. Vulnerability Management.--The agreement provides $9,452,000 above fiscal year 2020 levels to continue reducing the 12-month backlog in vulnerability assessments. The agreement also provides an increase of $8,000,000 above the request to address the increasing number of identified and reported vulnerabilities in the software and hardware that operates critical infrastructure. This investment will improve capabilities to identify, analyze, and share information about known vulnerabilities and common attack patterns, including through the National Vulnerability Database, and to expand the coordinated responsible disclosure of vulnerabilities. Infrastructure Security Security Advisors.--The agreement provides $66,020,000 for the Security Advisors PPA, which is an increase of $6,837,000 above fiscal year 2020 levels to annualize and sustain prior year Protective Security Advisor and Cyber Security Advisor hiring initiatives. Risk Management Operations Critical Infrastructure Dependency Analyses.--The agreement provides an increase of $1,000,000 above the request to improve capabilities for operationalizing and visualizing critical infrastructure dependencies. CISA is encouraged to consider enhanced capabilities provided by emerging technologies, such as Artificial Intelligence/Machine Learning, to support the understanding and visualization of cross-sector dependencies. Infrastructure Analysis.--The agreement provides $84,483,000 for infrastructure analysis, which is an increase of $8,308,000 above the request for: additional risk analyses of 5G networks and industrial control systems; software assurance; supply chain security and analyses; and SLTT government technical assistance to enhance security and provide resilience for elections infrastructure. Payment Systems.--CISA, in coordination with the Department of the Treasury, is directed to brief the Committees, not later than 365 days after the date of enactment of this Act, on the national security risks facing the national critical function designated as ``Provide Payment, Clearing and Settlement Systems''. The briefing should include a particular emphasis on point of sale and online purchase systems, including their vulnerability to data compromise. Stakeholder Engagement and Requirements Critical Infrastructure Sector Management.--The agreement provides an increase of $3,000,000 above the request to begin to increase CISA's critical infrastructure sector management support for the eight sectors for which it is the Sector Specific-Agency, and for its role in coordinating all 16 sectors on behalf of the Secretary of Homeland Security, as defined in Presidential Policy Directive 21. Public Awareness Campaigns.--The agreement includes an increase of $1,500,000 above the request to expand CISA's public awareness campaigns to improve public resiliency to cybersecurity attacks. SLTT Resilience Technical Assistance.--The agreement provides an increase of $4,000,000 above the request for the SLTT Cyber Information Sharing Program to increase technical assistance and other support for SLTT partners. CISA may use up to $2,000,000 through the execution of noncontracting authorities in order to work with non-profits, academic institutions, and other organizations that may have unique skillsets, data, knowledge, and access required to develop and deliver specialized resources. Use of such authorities shall be for the purpose of enhancing CISA's technical assistance to SLTT entities and improving cyber information sharing across the critical infrastructure ecosystem. CISA is encouraged to explore opportunities to partner with universities to leverage their expertise in helping public and private institutions prevent and respond quickly to crippling cyber-attacks. CISA is directed to work with appropriate stakeholders on the development and promotion of cybersecurity plans that could be adopted or modified for adoption by SLTT governments, and to partner with FEMA to better leverage existing DHS grant assistance authorities to support cybersecurity investments. Not later than 45 days after the date of submission of the fiscal year 2022 budget request, CISA is directed to brief the Committees on its SLTT technical assistance efforts, including a current understanding of the threats to SLTT cybersecurity, known vulnerabilities, and an assessment of SLTT capability gaps. Further, CISA and FEMA are directed to jointly review the bi- yearly Nationwide Cybersecurity Review and brief the Committees on how the review can be more actively used among the components. CISA is directed to provide a briefing not later than 90 days after the date of enactment of this Act on plans to establish the SLTT Cyber Information Sharing Program and the metrics and milestones for the program. procurement, construction, and improvements The agreement provides $353,479,000, an increase of $40,000,000 above the request. Cybersecurity CDM.--The agreement includes an increase of $40,000,000 above the request to support requirements for CDM capabilities to strengthen the resiliency of federal networks. [[Page H8478]] Next Generation Networks (NGN) Priority Services (PS).--Not later than 90 days after the date of enactment of this Act, CISA is directed to provide a briefing to the Committees on an updated NGN-PS acquisition plan and deployment schedule. research and development Integrated Operations The agreement includes $1,500,000 above the request for the Technology Development and Deployment Program and $1,500,000 above the request to develop capabilities to model, simulate, and conduct other advanced analytics of disruptions to cyber and infrastructure networks. Federal Emergency Management Agency operations and support The agreement provides $4,913,000 below the request, including $15,512,000 below the request associated with personnel cost adjustments, and increases above the request of: $2,000,000 for the Emergency Management Assistance Compact and $6,193,000 for continuity communications equipment and architecture in the Preparedness and Protection PPA; $3,000,000 for national geospatial infrastructure in the Response and Recovery PPA; and $2,200,000 for financial systems and $1,000,000 for the Interoperable Gateway System in the Mission Support PPA. Not less than $8,948,000 is for the National Earthquake Hazards Reduction Program and not less than $9,249,000 is for the National Dam Safety Program. The bill provides $3,000,000 in Mission Support for the Office of Professional Responsibility and $500,000 for individual financial preparedness in the Preparedness and Protection PPA. FEMA and the Director of CISA are directed to fulfill the briefing requirement in Senate Report 116-125 regarding the implementation of CISA's National Critical Functions and FEMA's Community Lifelines. Commodity Supply Chains.--Following recent large-scale incidents, FEMA has made use of existing systems and processes to conduct real time analysis of the supply and availability of critical life-sustaining commodities, such as food, fuel, bottled water, and electrical power, as well as the critical enablers of these commodities. Such systems and processes have been strained by the scale of increasingly complex disasters. FEMA is directed to brief the Committees, not later than 30 days after the date of enactment of this Act, regarding the capacity gaps of the current systems and recommendations to address and improve such gaps. The briefing shall detail how FEMA systems work with other federal agency and SLTT systems; the ways in which key commodity supply chain nodes are identified; where vulnerabilities exist; and how owner and operator partners should be consulted. Emergency Management Personnel Wellness.--Currently, national level data is unavailable on the impacts of stress factors on emergency management professionals who are repeatedly exposed to highly stressful and often traumatic events that impact their mental health and wellness, leading some to suicide. FEMA is directed to brief the Committees, not later than 90 days after the date of enactment of this Act, on the feasibility of collecting and assessing data to better define the impact of stress factors on emergency management professionals. Individual Financial Preparedness.--The agreement provides $2,794,000 below the request for Financial Preparedness. FEMA is directed to develop a plan, including how FEMA efforts will work in concert with other federal agencies with individual financial preparedness, and brief the Committees before seeking additional funds for this program. Levee Certification Data.--FEMA, in conjunction with the United States Army Corps of Engineers, shall brief the Committees not later than 45 days after the date of enactment of this Act on the status of levee certifications in the National Levee Database. The briefing shall detail the number of levee certifications that will be due over the next five years; cost savings that could be realized if all levees are properly certified to reduce the risk of failure; and federal and non-federal resources available for the costs of performing such certifications. Mesonets.--FEMA, in collaboration with the National Weather Service, is directed to brief the Committees within 90 days of the date of enactment of this Act on the capabilities of existing statewide weather observation mesonets. National Water Center (NWC).--FEMA is directed to permanently co-locate personnel at the NWC not later than the date on which it begins to deliver operational products, and to brief the Committees not later than 90 days later on the efforts of NWC staff to familiarize FEMA headquarters staff, regional staff, and FEMA Integration Team staff with the products and capabilities of the NWC. Predisaster Mitigation.--In addition to the reporting requirements in Section 306 of this Act, FEMA shall include the following in accordance with paragraph (1) of Public Law 114-4, the Department of Homeland Security Appropriations Act, 2015: (1) an estimate of the amount projected to be set aside for the budget year for National Public Infrastructure Predisaster Mitigation Assistance through Section 203(i) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (2) a specific description of the methodology and the source data used in developing the estimate, including the date of the first and last disaster declaration to which such set aside will apply for the budget year; (3) a strategic plan for program implementation if the amount set aside reaches more than 10 percent above or below the estimate during the budget year, including carryover to the budget year plus one; and (4) an estimation, developed in conjunction with appropriate stakeholders and verified by a third party, such as a Federally Funded Research and Development Center, of the amount that could be obligated for projects that can begin no later than the budget year plus one and for planning for future projects. When developing the required strategic plan, FEMA shall include a description of any consideration of changes to calculation policies, including carryover, and/or project criteria as FEMA decides how to assess program performance and evolution. This additional reporting requirement shall be submitted not later than March 30, 2021, if submission with the President's budget proposal for fiscal year 2022 is not practicable. FEMA is directed to take the actions necessary to assist states that have experienced technical difficulties during the Predisaster Hazard Mitigation application process and shall continue to make reasonable efforts to minimize the amount of time between approval of Predisaster Hazard Mitigation applications and reimbursement. Not later than 60 days after the date of enactment of this Act and quarterly thereafter, FEMA shall brief the Committees on the status of Predisaster Hazard Mitigation implementation, with a focus on how stakeholder views are incorporated, including the needs of local governments. Water and Wastewater System Resiliency.--FEMA is directed to collaborate with the Environmental Protection Agency on best practices to ensure resiliency of vulnerable coastal water and wastewater utility facilities along the Gulf Coast during disasters. Water Generation Technologies.--FEMA is encouraged to evaluate the need for new technologies, including an inventory of atmospheric water generation machines, to better prepare for disaster response. Wildfire Lessons Learned.--FEMA is directed to brief the Committees on lessons learned from recent wildfires, including findings and policy recommendations, not later than 180 days after the date of enactment of this Act. procurement, construction, and improvements The agreement includes an increase of $19,482,000 above the request, including: $8,400,000 for high priority deferred maintenance at the Center for Domestic Preparedness; $382,000 for the National Continuity Program, Continuity Readiness Cell; $8,200,000 for high priority deferred maintenance at the National Emergency Training Center; and $2,500,000 for Grants Management Modernization. Construction and Facility Improvements at the Mount Weather Emergency Operations Center are funded at the requested amount. federal assistance The agreement includes an increase of $812,340,000 above the budget request, not including funding transferred from the Office of the Secretary and Executive Management for targeted violence and terrorism prevention grants and an Alternatives to Detention case management pilot program. The amount provided for this appropriation by PPA is as follows: ---------------------------------------------------------------------------------------------------------------- Budget Estimate Final Bill ---------------------------------------------------------------------------------------------------------------- Federal Assistance Grants State Homeland Security Grant Program................. $331,939,000 $610,000,000 (Operation Stonegarden)............................... - - - (90,000,000) (Tribal Security Grants).............................. - - - (15,000,000) (Non-profit Security)................................. - - - (90,000,000) Urban Area Security Initiative........................ 426,461,000 705,000,000 (Non-profit Security)................................. - - - (90,000,000) Public Transportation Security Assistance............. 36,358,000 100,000,000 (Amtrak Security)..................................... - - - (10,000,000) (Over-the-Road Bus Security).......................... - - - (2,000,000) Port Security Grants.................................. 36,358,000 100,000,000 Assistance to Firefighter Grants...................... 344,344,000 360,000,000 Staffing for Adequate Fire and Emergency Response 344,344,000 360,000,000 (SAFER) Grants....................................... Emergency Management Performance Grants............... 279,335,000 355,000,000 National Security and Resilience Grant Program........ 406,909,000 - - - Flood Hazard Mapping and Risk Analysis Program 100,000,000 263,000,000 (RiskMAP)............................................ Regional Catastrophic Preparedness Grants............. - - - 12,000,000 [[Page H8479]] High Hazard Potential Dams............................ - - - 12,000,000 Emergency Food and Shelter............................ - - - 130,000,000 Targeted Violence and Terrorism Prevention Response 20,000,000 - - - Grants............................................... ------------------------------------------------- Subtotal, Grants.................................. 2,326,048,000 3,007,000,000 Education, Training, and Exercises.................... - - - - - - ------------------------------------------------- Center for Domestic Preparedness...................... 67,326,000 67,019,000 Center for Homeland Defense and Security.............. - - - 18,000,000 Emergency Management Institute........................ 20,229,000 21,520,000 U.S. Fire Administration.............................. 49,716,000 49,269,000 National Domestic Preparedness Consortium............. - - - 101,000,000 Continuing Training Grants............................ - - - 12,000,000 National Exercise Program............................. 19,233,000 19,084,000 ------------------------------------------------- Subtotal, Education, Training, and Exercises...... 156,504,000 287,892,000 ------------------------------------------------- Subtotal, Federal Assistance...................... 2,482,552,000 3,294,892,000 ------------------------------------------------- Targeted Violence and Terrorism Prevention............ Grants (by transfer).................................. - - - (20,000,000) Alternatives to Detention Case Management............. Pilot Program (by transfer)........................... - - - (5,000,000) ------------------------------------------------- Total, Federal Assistance (including transfers)... $2,482,552,000 $3,319,892,000 ---------------------------------------------------------------------------------------------------------------- Center for Domestic Preparedness.--FEMA shall ensure the Center for Domestic Preparedness continues to provide its usual suite of training opportunities for first responders, emergency management professionals, law enforcement officers, and healthcare professionals. Continuing Training Grants.--The agreement includes $12,000,000 for Continuing Training Grants, of which not less than $3,000,000 shall be competitively awarded for FEMA- certified rural and tribal training; $2,000,000 for FEMA to partner with the Federal Aviation Administration (FAA) Unmanned Aircraft Center of Excellence to conduct a regional training program for SLTT responders in using UAS for disaster preparedness and response; and $4,000,000 for activities of the National Cybersecurity Preparedness Consortium. Funding Considerations.--When awarding grants, the Administrator shall consider: the needs of cybersecurity preparedness and planning; state court cybersecurity; 911 call capabilities; alert and warning capabilities; implementation of the REAL ID Act (Public Law 109-13); and countering targeted violence and terrorism prevention programs. Regional Catastrophic Preparedness Grant Program.--FEMA is directed to prioritize funding for efforts which formalize new or sustain existing working groups for continued effective coordination; ensure synchronization of plans and shared best practices; implement citizen and community preparedness campaigns; and pre-position needed commodities and equipment. FEMA is further directed to take into account the needs of areas at risk of natural and man-made catastrophe and affected communities. Urban Area Security Initiative (UASI).--Consistent with the Implementing Recommendations of the 9/11 Commission Act, the agreement requires FEMA to conduct risk assessments for the 100 most populous metropolitan statistical areas prior to making UASI grant awards. It is expected that UASI funding will be limited to urban areas representing up to 85 percent of the cumulative national terrorism risk to urban areas, and that resources will continue to be allocated in proportion to risk. The current formula used for managing risk and for distributing grant funding is based on threat, vulnerability, and consequence. FEMA is directed to provide a comprehensive briefing on the risk formula to the Committees, not later than 45 days after the date of enactment of this Act, including an update on its risk assessment methodology, and results and options for updating the formula. The briefing shall include a discussion on how the risk analysis incorporates data points which disproportionately affect non- contiguous states and territories, particularly those with large urban population centers. Further, the briefing shall include a description of metrics used to quantify risk related to areas located within 200 miles of an international border. U.S. Fire Administration (USFA).--Of the total provided for USFA, the agreement includes full funding for State Fire Training Grants. FEMA is directed to continue its traditional funding for the congressionally mandated National Fallen Firefighters Memorial and for State Fire Training Grants. There is currently no national data concerning suicide rates of firefighters who are repeatedly exposed to trauma that impacts their mental health and wellness. USFA is directed to collect and maintain such data and report on firefighter suicides. USFA shall update the Committees on the status of fulfilling this requirement within 90 days of the date of enactment of this Act. The report shall include an assessment of FEMA's ability to require reporting of firefighter suicide data in applications for Assistance to Firefighter Grants and Staffing for Adequate Fire and Emergency Response Grants. disaster relief fund The agreement provides $12,082,051,000 above the request, for a total of $17,142,000,000. The total amount is appropriated under the budget cap adjustment for major disaster response and recovery activities. No funds are provided for base DRF activities due to a significant carryover balance in the base account that is sufficient for carrying out all projected fiscal year 2021 activities. Community Disaster Loans.--The agreement permits FEMA to transfer up to $250,000,000 from the DRF to the Disaster Assistance Direct Loan Program (DADLP) for the costs of Community Disaster Loans. FEMA is directed to provide regular updates to the Committees on the use of the DADLP, including prompt notification when forecasted use of the program will require near-term replenishment of funding. FEMA is directed to provide a briefing to the Committees not later than 60 days after the date of enactment of this Act on the recent, current, and projected need for such loans, the estimated end-of-year DADLP balance and plans for implementing the loan cancellation provisions in the Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017, Public Law 115-72. Disaster Contractor and Subcontractor Payments.--There remains a significant backlog of unpaid contractor and subcontractor invoices for recovery activities in the U.S. Virgin Islands and Puerto Rico from 2017 hurricanes, particularly as it relates to the Sheltering and Temporary Essential Power program and electricity restoration. FEMA is directed to brief the Committees not later than 15 days after the date of enactment of this Act on efforts to ensure timely payments for completed contract work and to outline the extent and cause of the payment delays, the planned resolution, and the expected date of resolution. FEMA is directed to provide monthly follow-on briefings thereafter on any issues related to unresolved payment delays. Disaster Declaration Recommendations.--FEMA is directed to consult with states on its policies for estimating disaster damage costs in relation to the population of a state when determining whether to recommend that the President issue a federal disaster declaration. The consultation should include considerations of local economic factors such as the local assessable tax base; the local sales tax; the median income and poverty rate of the local affected area as it compares to that of the state; and the economic health of the state, including factors such as the state unemployment rate compared to the national rate. Private Property Debris.--FEMA is reminded that debris on private property can cause health and safety risks and can be costly for residents. FEMA is encouraged to consider the costs of debris removal from private property when making recommendations on disaster declarations and eligibility determinations. national flood insurance fund The agreement includes funding for the National Flood Insurance Fund as proposed in the budget request. TITLE III--ADMINISTRATIVE PROVISIONS Section 301. The agreement includes a provision making ``Cybersecurity and Infrastructure Security Agency-- Operations and Support'' funding available for a cybersecurity competition established by Executive Order No. 13870. Section 302. The agreement continues a provision limiting expenses for administration of grants. Section 303. The agreement continues a provision specifying timeframes for certain grant applications and awards. Section 304. The agreement continues a provision specifying timeframes for information on certain grant awards. Section 305. The agreement continues a provision that addresses the availability of certain grant funds for the installation of communications towers. Section 306. The agreement continues a provision requiring a report on the expenditures of the DRF. Section 307. The agreement modifies a provision permitting certain waivers to SAFER grant program requirements. [[Page H8480]] Section 308. The agreement continues a provision providing for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program, as authorized by Public Law 105-276. Section 309. The agreement includes a provision allowing the merger of funds provided in different parts of the Robert T. Stafford Act after the Administrator of FEMA notifies the Committees of how it intends on using the merged funds. Section 310. The agreement includes a provision allowing the FEMA Administrator to waive certain requirements pertaining to Assistance to Firefighter Grants. Section 311. The agreement includes a provision authorizing FEMA to provide Community Disaster Loans to U.S. territories where major disasters were declared in 2018 and permits FEMA to waive certain provisions of the Community Disaster Loan program for such loans. TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES United States Citizenship and Immigration Services operations and support The agreement includes a reduction of $886,000 below the budget request for personnel cost adjustments. Asylum Applications.--USCIS is directed to continue to provide a report to the Committees not later than 90 days after the date of enactment of this Act on the efforts and specific actions, if any, that the agency is taking to reduce the backlog of asylum applications, while ensuring that asylum applicants are properly reviewed for security purposes. Feasibility Briefings.--Not later than 90 days after the date of enactment of this Act, USCIS is directed to brief the Committees on the feasibility of complying with each of the directives in House Report 116-458 regarding the following topics: (1) replacement certificates of naturalization and certificates of citizenship; (2) humanitarian petitions; (3) military naturalization applications; and (4) unused visas. Financial Transparency and Accountability.--For future budget justifications, fee studies, and fee rules, USCIS is directed to provide a more detailed justification and accounting level to ensure transparency and executability. For the budget justification materials for appropriated and fee-funded accounts, such details shall include justifications for each adjustment to base and program change from the prior year for each PPA and at the office-level for the Administration PPA. For the next biennial fee study, USCIS is strongly urged to apply advanced analytics and modeling capabilities to improve the accuracy and transparency of the way in which the agency determines potential fee changes. Additionally, USCIS shall incorporate appropriate analyses into the fee study to quantify the impact of business process improvements and IT modernization on its operations, ultimately reflecting the cost benefit of these improvements on minimizing fee increases. Further, USCIS shall assess the impact of appropriated funding on fee-funded requirements and reflect that impact in future fee studies. For example, appropriations provided for the E-Verify program are expected to have a positive benefit on USCIS fraud and detection activities. Not later than 60 days after the date of enactment of this Act, USCIS shall brief the Committees on its efforts to leverage analytic capabilities to better inform workload and fee projections. H-2B Visa Program Reporting.--Not later than 120 days after the date of enactment of this Act, the Department shall provide a report to the Committees on the distribution of H- 2B visas, which should contain, but not be limited to, a tabulation of the percent of overall visas issued to the top 15 employers. Also, not later than 180 days after the date of enactment of this Act, the Department, in consultation with the Department of Labor, shall continue to brief the Committees on the impacts of the current H-2B visa semiannual distribution on employers, employees, and agency operations. International Operations Division.--The briefing required in House Report 116-458 on the closure of international offices shall be provided not later than 180 days after the date of enactment of this Act. Processing Times for Immigration Benefits.--USCIS is expected to adjudicate citizenship and other applications in a timely manner. Not later than 90 days after the date of enactment of this Act, USCIS shall provide to the Committees a report on measures implemented to promptly reduce processing delays. Public Backlog Reporting.--USCIS shall provide the Committees a plan, not later than 60 days after the date of enactment of this Act, on establishing a quarterly, public report on backlogs for each form type or immigration benefit request. Such reporting shall include, at a minimum, the total number of applicants or petitioners in each USCIS backlog; be identified by form type or immigration benefit request; and indicate the length of time pending in each backlog. Quarterly Budget and Productivity Reporting.--Over the past few years, USCIS has increased spending beyond its projected revenue. To ensure financial stability and accountability, USCIS shall brief the Committees not later than 90 days after the date of enactment of this Act and quarterly thereafter on budget operations, including revenue projections, actual spending, and other financial forecasts. At a minimum, the briefing shall include: the annual operating plan and details on spending within each directorate and office; an overview of operations; revenue and expenses delineated by form type; other agency expenses, including payments or transfers to other federal agencies; and carryover or reserve fund projections and spending. USCIS shall also include this information in its quarterly reporting to the Committees. Additionally, USCIS shall develop productivity measures that convey the baseline capacity and capabilities for processing applications and petitions and capture the impact of investments in personnel, technology, or changes to processes and policies on such measures. Updates on USCIS performance against these measures shall be included with the quarterly budget reporting. Refugee Admissions.--The Department is directed to continue to submit to the Committees and make available on a publicly accessible website, by not later than 90 days after the date of enactment of this Act, the following information for each of fiscal years 2018 through 2021: (1) the number of USCIS staff assigned to the Refugee Corps at the Refugee Affairs Division of USCIS; (2) the number of refugee processing circuit rides conducted; (3) the number of USCIS Refugee Corps officers assigned to each circuit ride; (4) the destination region and country for each circuit ride; (5) the number of refugee interviews conducted by USCIS; and (6) the number of approvals and denials issued by USCIS. Resource Optimization Strategy.--Not later than 60 days after the date of submission of the fiscal year 2022 budget request, USCIS shall brief the Committees on a plan to develop an agency-wide workload staffing allocation model that incorporates personnel levels and existing assets and capabilities on USCIS operations. The model should allow USCIS to assess the impact of potential policy changes, vetting procedures, business process improvements, IT modernization, the streamlining of forms, and other factors on its operations and finances to better understand the costs and benefits of such changes prior to execution. It should not assume that duties related to the agency's core mission will be performed by employees detailed from other agencies. The briefing shall also identify current resource gaps; implementation challenges; and any key policy or legislative proposals that would help improve the agency's ability to become more efficient and reduce backlogs. federal assistance The agreement includes $10,000,000 above the request to support the Citizenship and Integration Grant Program. In addition, USCIS continues to have the authority to accept private donations to support this program. USCIS is directed to provide an update on its planned use of this authority not later than 30 days after the date of enactment of this Act, to include efforts undertaken to solicit private donations. Citizenship and Integration Grant Program.--Within 90 days of the date of enactment of this Act, USCIS is directed to brief the Committees on its proposed guidelines and requirements for the fiscal year 2021 Citizenship and Integration Grant Program, and to consider the recommendations for the program detailed in House Report 116- 458. Federal Law Enforcement Training Centers operations and support The agreement provides $8,869,000 above the request, including $4,700,000 above the request for export training. The Director of the Federal Law Enforcement Training Centers shall brief the Committees not later than 30 days after the date of enactment of this Act on the planned use of these additional training funds. A reduction of $1,490,000 to the request is for personnel cost adjustments. The agreement also partially rejects proposed decreases of $5,659,000 for travel and staff pay. De-escalation Training.--FLETC is currently evaluating data from hundreds of police interactions with citizens to identify communications practices by officers who are able to de-escalate and diffuse conflicts. FLETC will use its findings to evaluate current training and incorporate best practice skills into training programs. In lieu of related language in the House report, FLETC is directed to brief the Committees, not later than 60 days after the completion of the evaluation, on key findings, including how FLETC intends to modify training to produce positive outcomes. Officer Wellness.--Exposure to critical incidents has a significant impact on an officer's physical and mental health. Training in coping skills can mitigate the detrimental impact such exposure can have on an officer's ability to maintain emotional control and make rational choices and decisions both professionally and personally. FLETC is directed to brief the Committees not later than 30 days after the date of enactment of this Act on its current curricula associated with officer wellness and resiliency. The briefing shall include a description of the regularity with which the training is updated, how emerging research is incorporated into training, and how the effectiveness of such training is evaluated. Training Facilities.--The Director shall schedule basic or advanced law enforcement [[Page H8481]] training, or both, at all four training facilities to ensure they are operated at the highest capacity before entering new leases or establishing new partnerships with training organizations. FLETC is also directed to provide a cost analysis detailing, at a minimum, each training center's maximum instructional capacity by course and measured against its annual student occupancy. procurement, construction, and improvements The agreement provides the requested amount for the purchase of leased dorms. Science and Technology Directorate operations and support The agreement provides $17,914,000 above the budget request. The agreement does not accept the proposed decreases of $3,824,000 for Test and Evaluation, $6,276,000 for administrative support services, and $8,884,000 for management efficiencies. The agreement includes a reduction of $1,070,000 below the budget request associated with personnel cost adjustments. procurement, construction, and improvements The bill provides the requested funding level for biological decontamination, completing environmental regulatory compliance activities, and preserving historic assets at the Plum Island Animal Disease Center. The Science and Technology Directorate (S&T) is directed to brief the Committees not later than 60 days after the date of enactment of this Act on an expenditure plan for these activities, and to provide semi- annual updates thereafter. research and development The agreement provides $103,915,000 above the request for Research and Development (R&D), including increases of $81,150,000 for Research Development, and Innovation; and $22,765,000 for University Programs. Research, Development, and Innovation S&T is directed to brief the Committees not later than 30 days after the date of enactment of this Act on the proposed allocation of R&D funds by project and to subsequently update the Committees on any changes from the planned allocation of resources. S&T shall provide a report of projects which are not in the allocation not later than 90 days after the date of enactment of this Act, as required in House Report 116- 458. In developing its allocation plan, S&T is to consider funding ongoing meritorious projects, those referenced in House Report 116-458, and the following: up to $6,000,000 to pursue research and development related to data visualization and emerging analytics that can enhance tracking for cargo and people; up to $5,000,000 for the development of a multi- purpose, high yield active neutron interrogation; up to $2,500,000 to establish a maritime port resiliency and security research testbed; up to $7,000,000 for Partnership Intermediary Agreements; up to $2,000,000 to develop thermoplastic composite materials that improve sensor integration as well as up to $10,000,000 for an initial demonstration of a Secure Hybrid Composite Intermodal Container; up to $9,000,000 for non-intrusive inspection technologies; up to $15,358,000 for Explosives Threat Assessment; up to $11,500,000 for the research, development, testing and evaluation of wind and solar powered unmanned maritime vessels; up to $1,500,000 to collaborate with a university partner and Homeland Security Investigations; up to $15,269,000 for the Detection Canine Program; up to $4,000,000 for the Demonstration Site for enabling Unmanned Aerial Systems (UAS) technologies; up to $5,000,000 for self- adapting security mechanisms that utilize data analytics- driven scoring to measure weaknesses in software design; up to $2,000,000 for S&T to continue working with a university partner to evaluate cybersecurity training materials and the social and behavioral impacts on protecting local law enforcement entities and their respective operations; up to $5,000,000 for S&T to enter into an Educational Partnership Agreement with the U.S. Army Corps of Engineers and one or more educational institutions with expertise in water infrastructure resilience and material sciences to develop capabilities for maintaining and improving the integrity of U.S. levee and dam systems; up to $6,000,000 to develop a national testing capacity to assess vulnerabilities and mitigate biological risks in building air and water handling systems, multi-building facilities, and waste water systems; up to $1,500,000 above the request to collaborate with the Army's Engineer Research Development Center and its university partners to demonstrate and integrate protective technologies into CISA activities to address identified technological needs and requirements for Soft Target and Crowded Spaces protection. The agreement supports not less than the requested $24,091,000 for Cyber Data Analytics; $35,940,000 for Counter-Unmanned Aerial Systems (CUAS) Research; and $2,000,000 to continue the Binational Cooperative Pilot program. S&T is directed to report to the Committees on the outcomes of grants awarded through this pilot not later than 180 days after the date of enactment of this Act. CUAS.--Within 180 days of the date of enactment of this Act, S&T is directed to update the Committees on efforts to coordinate with interagency partners and universities with expertise in unmanned aerial systems to research, develop, test, and evaluate CUAS capabilities; to develop CUAS policies; and to assess the need for a permanent organization to integrate and coordinate interagency capabilities, research, and policies and ensure a consistent and efficient federal approach to countering the misuse of UAS in the national airspace. S&T is urged to prioritize collaboration with qualified research universities and interagency partners that have demonstrated UAS expertise and to use test ranges already established by the Department and the Federal Aviation Administration (FAA) to the maximum extent possible. Datacasting Public Safety.--Within 90 days of the date of enactment of this Act, S&T, in consultation with the National Institute for Standards and Technology, the Corporation for Public Broadcasting, and the First Responder Network Authority, is directed to brief the Committees on the feasibility of developing a pilot program to support the efforts of local public broadcasters in demonstrating and evaluating the benefits of datacasting technology to public safety agencies. Laboratory Facilities Research and Development.--The agreement fully funds research and development activities at the National Biodefense Analysis and Countermeasures Center (NBACC), the National Urban Security Technology Laboratory, and the Chemical Security Analysis Center. Opioid and Fentanyl Detection.--S&T is encouraged to increase its development of rapid screening technology. Within 90 days of the date of enactment of this Act, S&T is directed to provide a report to the Committees on any S&T research or development efforts to incorporate rapid scanning into the department's screening methods for drug interdiction. The report shall include screening methods for Schedule 1 drugs as categorized by the FDA and an implementation plan to increase drug interdiction through scanning, electronic detection, or canine detection. Silicon Valley Innovation Program (SVIP).--Within 90 days after the date of enactment of this Act, S&T is directed to brief the Committees on the SVIP's current and projected return on investment. Work for Others.--Within 90 days of the date of enactment of this Act and annually thereafter, S&T is directed to brief the Committees on the implementation and execution of the Work for Others program within the NBACC. University Programs The agreement includes $21,004,000 above the request for the Centers of Excellence and $1,761,000 above the request for Minority Serving Institutions. Election Security.--Within 90 days of the date of enactment of this Act, S&T, in partnership with CISA, is directed to brief the Committees on the feasibility of funding a Center of Excellence focused on election security, the minimum qualifications for potential applicants, and an estimated timeline for when such a Center of Excellence could be established. Countering Weapons of Mass Destruction Office operations and support The agreement provides $7,017,000 above the request, including $5,000,000 for the National Biosurveillance Integration Center; $2,600,000 for National Technical Nuclear Forensics (NTNF); and $300,000 for the Office of the Chief Medical Officer (CMO). The bill also includes a reduction to the request of $883,000 for personnel cost adjustments. Funding provided above the request for the Office of the CMO is to develop and recommend effective department-wide planning, interagency coordination protocols, and training related to medical issues during a public health emergency, as well as standards for providing physical and mental healthcare to minors detained in CBP custody. The Countering Weapons of Mass Destruction Office is directed to provide an update to the Committees on these efforts within 180 days of the date of enactment of this Act. The proposed transfer of responsibilities for NTNF from DHS to the National Nuclear Security Agency (NNSA) has not been authorized by Congress and is not accepted. The Office of the CMO is directed to provide a briefing, not later than 30 days after the date of enactment of this Act, on its responsibilities regarding countering biological, chemical, and radiological risks during a public health emergency. The Office of the CMO is directed to provide quarterly briefings on the execution of transferred funds for electronic health records, as directed in House Report 116- 458, beginning not later than 60 days after the date of enactment of this Act. procurement, construction, and improvements The agreement provides the requested funding level. research and development The agreement provides $7,100,000 above the request, reflecting the rejection of the transfer of NTNF resources to NNSA. Federal Assistance The agreement provides $11,000,000 above the request for Securing the Cities. TITLE IV--ADMINISTRATIVE PROVISIONS Section 401. The agreement continues a provision allowing USCIS to acquire, operate, equip, and dispose of up to five vehicles under certain scenarios. [[Page H8482]] Section 402. The agreement continues a provision limiting the use of A-76 competitions by USCIS. Section 403. The agreement continues a provision requiring reporting on certain USCIS activities. Section 404. The agreement continues a provision authorizing the Director of FLETC to distribute funds for expenses incurred in training accreditation. Section 405. The agreement continues a provision directing the FLETC Accreditation Board to lead the federal law enforcement training accreditation process to measure and assess federal law enforcement training programs, facilities, and instructors. Section 406. The agreement continues a provision allowing the acceptance of transfers from government agencies into ``Federal Law Enforcement Training Centers--Procurement, Construction, and Improvements''. Section 407. The agreement continues a provision classifying FLETC instructor staff as inherently governmental for certain considerations. TITLE V--GENERAL PROVISIONS (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) Section 501. The agreement continues a provision directing that no part of any appropriation shall remain available for obligation beyond the current year unless expressly provided. Section 502. The agreement continues a provision providing authority to merge unexpended balances of prior appropriations with new appropriation accounts, to be used for the same purpose, subject to reprogramming guidelines. Section 503. The agreement continues a provision from prior years related to reprogramming and transfer authority. All components funded by the Department of Homeland Security Appropriations Act, 2021, must comply with these requirements. The Department must notify the Committees on Appropriations prior to each reprogramming of funds that would reduce programs, projects, activities, or personnel by ten percent or more. Notifications are also required for each reprogramming of funds that would increase a program, project, or activity by more than $5,000,000 or ten percent, whichever is less. The Department must submit these notifications to the Committees on Appropriations at least 15 days in advance of any such reprogramming. For purposes of reprogramming notifications, ``program, project, or activity'' is defined as an amount identified in the detailed funding table located at the end of this statement or an amount directed for a specific purpose in this statement. Also, for purposes of reprogramming notifications, the creation of a new program, project, or activity is defined as any significant new activity that has not been explicitly justified to the Congress in budget justification material and for which funds have not been appropriated by the Congress. For further guidance when determining which movements of funds are subject to section 503, the Department is reminded to follow GAO's definition of ``program, project, or activity'' as detailed in GAO's A Glossary of Terms Used in the Federal Budget Process. Within 30 days of the date of enactment of this Act, the Department shall submit to the Committees a table delineating PPAs subject to section 503 notification requirements, as defined in this paragraph. Limited transfer authority is provided to give the Department flexibility in responding to emerging requirements and significant changes in circumstances, but is not primarily intended to facilitate the implementation of new programs, projects, or activities that were not proposed in a formal budget submission. Transfers may not reduce accounts by more than five percent or increase accounts by more than ten percent. The Committees on Appropriations must be notified not fewer than 30 days in advance of any transfer. To avoid violations of the Anti-Deficiency Act, the Secretary shall ensure that any transfer of funds is carried out in compliance with the limitations and requirements of section 503(c). In particular, the Secretary should ensure that any such transfers adhere to the opinion of the Comptroller General's decision in the Matter of: John D. Webster, Director, Financial Services, Library of Congress, dated November 7, 1997, with regard to the definition of an appropriation subject to transfer limitations. The Department shall submit notifications on a timely basis and provide complete explanations of the proposed reallocations, including detailed justifications for the increases and offsets, and any specific impact the proposed changes would have on the budget request for the following fiscal year and future-year appropriations requirements. Each notification submitted to the Committees should include a detailed table showing the proposed revisions to funding and FTE--at the account, program, project, and activity level-- for the current fiscal year, along with any funding and FTE impacts on the budget year. The Department shall manage its programs, projects, and activities within the levels appropriated, and should only submit reprogramming or transfer notifications in cases of unforeseeable and compelling circumstances that could not have been predicted when formulating the budget request for the current fiscal year. When the Department submits a reprogramming or transfer notification and does not receive identical responses from the House and Senate Committees, it is expected to reconcile the differences before proceeding. The Department is not to submit a reprogramming or transfer notification after June 30 except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. If an above-threshold reprogramming or a transfer is needed after June 30, the notification should contain sufficient documentation as to why it meets this statutory exception. De-obligated funds are also subject to the reprogramming and transfer limitations and requirements set forth in section 503. Section 503(f) authorizes the Secretary to transfer up to $20,000,000 to address immigration emergencies after notifying the Committees of such transfer at least five days in advance. Section 504. The agreement continues a provision, by reference, prohibiting funds appropriated or otherwise made available to the Department to make payment to the Working Capital Fund (WCF), except for activities and amounts allowed in the President's fiscal year 2021 budget request. Funds provided to the WCF are available until expended. The Department can only charge components for direct usage of the WCF and these funds may be used only for the purposes consistent with the contributing component. Any funds paid in advance or for reimbursement must reflect the full cost of each service. The Department shall submit a notification prior to adding a new activity to the fund or eliminating an existing activity from the fund. For activities added to the fund, such notifications shall detail the source of funds by PPA. In addition, the Department shall submit quarterly WCF execution reports to the Committees that include activity level detail. Section 505. The agreement continues a provision providing that not to exceed 50 percent of unobligated balances from prior-year appropriations for each Operations and Support appropriation shall remain available through fiscal year 2022, subject to section 503 reprogramming requirements. Section 506. The agreement continues a provision that deems intelligence activities to be specifically authorized during fiscal year 2021 until the enactment of an Act authorizing intelligence activities for fiscal year 2021. Section 507. The agreement modifies a provision requiring notification to the Committees at least three days before DHS executes or announces grant allocations or grant awards totaling $1,000,000 or more; an award or contract, other transaction agreement, or task order on a multiple award agreement, or to issue a letter of intent of greater than $4,000,000; task or delivery orders greater than $10,000,000 from multi-year funds; or sole-source grant awards. Notifications shall include a description of the projects or activities to be funded and the location, including city, county, and state. Section 508. The agreement continues a provision prohibiting all agencies from purchasing, constructing, or leasing additional facilities for federal law enforcement training without advance notification to the Committees. Section 509. The agreement continues a provision prohibiting the use of funds for any construction, repair, alteration, or acquisition project for which a prospectus, if required under chapter 33 of title 40, United States Code, has not been approved. Section 510. The agreement continues a provision that includes and consolidates by reference prior-year statutory provisions related to a contracting officer's technical representative training; sensitive security information; and the use of funds in conformance with section 303 of the Energy Policy Act of 1992. Section 511. The agreement continues a provision prohibiting the use of funds in contravention of the Buy American Act. Section 512. The agreement continues a provision regarding the oath of allegiance required by section 337 of the Immigration and Nationality Act. Section 513. The agreement continues a provision that precludes DHS from using funds in this Act to carry out reorganization authority. This prohibition is not intended to prevent the Department from carrying out routine or small reallocations of personnel or functions within components, subject to section 503 of this Act. This section prevents large-scale reorganization of the Department, which should be acted on legislatively by the relevant congressional committees of jurisdiction. Any DHS proposal to reorganize components that is included as part of a budget request will be considered by the Committees. Section 514. The agreement continues a provision prohibiting funds for planning, testing, piloting, or developing a national identification card. Section 515. The agreement continues a provision directing that any official required by this Act to report or certify to the Committees on Appropriations may not delegate such authority unless expressly authorized to do so in this Act. Section 516. The agreement continues a provision prohibiting the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba into or within the United States. Section 517. The agreement continues a provision prohibiting funds in this Act to be used for first-class travel. Section 518. The agreement continues a provision prohibiting the use of funds to employ illegal workers as described in Section [[Page H8483]] 274A(h)(3) of the Immigration and Nationality Act. Section 519. The agreement continues a provision prohibiting funds appropriated or otherwise made available by this Act to pay for award or incentive fees for contractors with below satisfactory performance or performance that fails to meet the basic requirements of the contract. Section 520. The agreement continues a provision prohibiting the use of funds to enter into a federal contract unless the contract meets requirements of the Federal Property and Administrative Services Act of 1949 or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless the contract is otherwise authorized by statute. Section 521. The agreement continues a provision requiring DHS computer systems to block electronic access to pornography, except for law enforcement purposes. Section 522. The agreement continues a provision regarding the transfer of firearms by federal law enforcement personnel. Section 523. The agreement continues a provision regarding funding restrictions and reporting requirements related to conferences occurring outside of the United States. Section 524. The agreement continues a provision prohibiting the use of funds to reimburse any federal department or agency for its participation in a National Special Security Event. Section 525. The agreement continues a provision requiring a notification, including justification materials, prior to implementing any structural pay reform that affects more than 100 full time positions or costs more than $5,000,000. Section 526. The agreement continues a provision directing the Department to post on a public website reports required by the Committees on Appropriations unless public posting compromises homeland or national security or contains proprietary information. Section 527. The agreement continues a provision authorizing minor procurement, construction, and improvements activities using Operations and Support funding. Section 528. The agreement continues a provision related to the Arms Trade Treaty. Section 529. The agreement continues a provision to authorize discretionary funding for the cost of primary and secondary schooling of dependents in territories that meet certain criteria. Section 530. The agreement continues and modifies a provision providing funding for ``Federal Emergency Management Agency--Federal Assistance'' to reimburse extraordinary law enforcement personnel overtime costs for protection activities directly and demonstrably associated with a residence of the President that is designated for protection. Section 531. The agreement continues a provision extending other transaction authority for the Department during fiscal year 2021. Section 532. The agreement continues a provision regarding congressional visits to detention facilities. Section 533. The agreement continues a provision prohibiting the use of funds to use restraints on pregnant detainees in DHS custody except in certain circumstances. Section 534. The agreement continues and modifies a provision prohibiting the use of funds for the destruction of records related to the death, sexual abuse, or assault of detainees in custody. Section 535. The agreement continues and modifies a provision prohibiting the use of federal funds for a Principal Federal Official during a Stafford Act declared disaster or emergency, with certain exceptions. Section 536. The agreement continues a provision concerning offsets for fee increase proposals. Section 537. The agreement includes a provision requiring the submission of a report on the department's unfunded priorities under budget function 050. Section 538. The agreement includes a provision directing the transfer of funds for electronic health records. Section 539. The agreement includes a provision rescinding unobligated balances from specified sources. Section 540. The agreement includes a provision rescinding lapsed balances pursuant to Section 505 of division D of Public Law 116-93. Section 541. The agreement provides an emergency supplemental appropriation for U.S. Customs and Border Protection, Office of Field Operations, to offset the loss of certain customs and immigration user fee receipts. Section 542. The agreement includes a provision requiring reporting on the protection of certain individuals. [[Page H8484]] [GRAPHIC] [TIFF OMITTED] TH21DE20.431 [[Page H8485]] [GRAPHIC] [TIFF OMITTED] TH21DE20.432 [[Page H8486]] [GRAPHIC] [TIFF OMITTED] TH21DE20.433 [[Page H8487]] [GRAPHIC] [TIFF OMITTED] TH21DE20.434 [[Page H8488]] [GRAPHIC] [TIFF OMITTED] TH21DE20.435 [[Page H8489]] [GRAPHIC] [TIFF OMITTED] TH21DE20.436 [[Page H8490]] [GRAPHIC] [TIFF OMITTED] TH21DE20.437 [[Page H8491]] [GRAPHIC] [TIFF OMITTED] TH21DE20.438 [[Page H8492]] [GRAPHIC] [TIFF OMITTED] TH21DE20.439 [[Page H8493]] [GRAPHIC] [TIFF OMITTED] TH21DE20.440 [[Page H8494]] [GRAPHIC] [TIFF OMITTED] TH21DE20.441 [[Page H8495]] [GRAPHIC] [TIFF OMITTED] TH21DE20.442 [[Page H8496]] [GRAPHIC] [TIFF OMITTED] TH21DE20.443 [[Page H8497]] [GRAPHIC] [TIFF OMITTED] TH21DE20.444 [[Page H8498]] [GRAPHIC] [TIFF OMITTED] TH21DE20.445 [[Page H8499]] [GRAPHIC] [TIFF OMITTED] TH21DE20.446 [[Page H8500]] [GRAPHIC] [TIFF OMITTED] TH21DE20.447 [[Page H8501]] [GRAPHIC] [TIFF OMITTED] TH21DE20.448 [[Page H8502]] [GRAPHIC] [TIFF OMITTED] TH21DE20.449 [[Page H8503]] [GRAPHIC] [TIFF OMITTED] TH21DE20.450 [[Page H8504]] [GRAPHIC] [TIFF OMITTED] TH21DE20.451 [[Page H8505]] [GRAPHIC] [TIFF OMITTED] TH21DE20.452 [[Page H8506]] [GRAPHIC] [TIFF OMITTED] TH21DE20.453 [[Page H8507]] [GRAPHIC] [TIFF OMITTED] TH21DE20.454 [[Page H8508]] [GRAPHIC] [TIFF OMITTED] TH21DE20.455 [[Page H8509]] [GRAPHIC] [TIFF OMITTED] TH21DE20.456 [[Page H8510]] [GRAPHIC] [TIFF OMITTED] TH21DE20.457 [[Page H8511]] [GRAPHIC] [TIFF OMITTED] TH21DE20.458 [[Page H8512]] [GRAPHIC] [TIFF OMITTED] TH21DE20.459 [[Page H8513]] [GRAPHIC] [TIFF OMITTED] TH21DE20.460 [[Page H8514]] [GRAPHIC] [TIFF OMITTED] TH21DE20.461 [[Page H8515]] [GRAPHIC] [TIFF OMITTED] TH21DE20.462 [[Page H8516]] [GRAPHIC] [TIFF OMITTED] TH21DE20.463 [[Page H8517]] [GRAPHIC] [TIFF OMITTED] TH21DE20.464 [[Page H8518]] [GRAPHIC] [TIFF OMITTED] TH21DE20.465 [[Page H8519]] [GRAPHIC] [TIFF OMITTED] TH21DE20.466 [[Page H8520]] [GRAPHIC] [TIFF OMITTED] TH21DE20.467 [[Page H8521]] [GRAPHIC] [TIFF OMITTED] TH21DE20.468 [[Page H8522]] [GRAPHIC] [TIFF OMITTED] TH21DE20.469 [[Page H8523]] [GRAPHIC] [TIFF OMITTED] TH21DE20.470 [[Page H8524]] [GRAPHIC] [TIFF OMITTED] TH21DE20.471 [[Page H8525]] DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 The following statement is an explanation of the effects of Division G, which provides appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), the Forest Service, the Indian Health Service, and related agencies for fiscal year 2021. The joint explanatory statement accompanying this division is approved and indicates congressional intent. Unless otherwise noted, the language set forth in House Report 116- 448 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 where the House report or this joint explanatory statement direct the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations. Where this joint explanatory statement refers to the Committees or the Committees on Appropriations, unless otherwise noted, this reference is to the House Subcommittee on Interior, Environment, and Related Agencies and the Senate Subcommittee on Interior, Environment, and Related Agencies. Each department and agency funded in this Act is directed to follow the directions set forth in this Act and the accompanying statement and to not reallocate resources or reorganize activities except as provided herein or otherwise approved by the House and Senate Appropriations Committees through the reprogramming process as referenced in this Act. This joint explanatory statement addresses only those agencies and accounts for which there is a need for greater explanation than provided in the Act itself. Funding levels for appropriations by account, program, and activity, with comparisons to the fiscal year 2020 enacted level and the fiscal year 2021 budget request, can be found in the table at the end of this division. Unless expressly stated otherwise, any reference to ``this Act'' or ``at the end of this statement'' shall be treated as referring only to the provisions of this division. Conservation Partnerships.--Funds are available for land management agencies to enter into agreements with youth and veterans organizations as authorized by the John McCain 21st Century Service Conservation Corps Act (Public Law 116-9). The Committees continue to support the partnerships between the Department and the 21st Century Conservation Service Corps and Public Land Corps, which help to engage youth and veterans in hands-on service to our public lands and expects these efforts to continue. Continued Directives.--The Committees continue the directives in Public Law 116-94 regarding Dead and Downed Trees, Everglades Restoration, Rural Airstrips, and Domestic Production of Critical Minerals. Federal Lands Recreation Enhancement Act.--The Department of the Interior and the Forest Service are directed to annually post on a centralized agency website the list of Federal Lands Recreation Enhancement Act (Public Law 108-447) projects performed in each fiscal year, which should include a project title, description, location, and amount obligated for each project, beginning with fiscal year 2020. Federal Law Enforcement.--The agreement notes that the explanatory statement accompanying the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021 directs the Attorney General to ensure implementation of evidence-based training programs on de-escalation and the use-of-force, as well as on police-community relations, that are broadly applicable and scalable to all Federal law enforcement agencies. The agreement further notes that several agencies funded by this Act employ Federal law enforcement officers and are Federal Law Enforcement Training Centers partner organizations. The agreement directs such agencies to consult with the Attorney General regarding the implementation of these programs for their law enforcement officers. The agreement further directs such agencies to brief the Committees on Appropriations on their efforts relating to such implementation no later than 90 days after consultation with the Attorney General. In addition, the agreement directs such agencies, to the extent that they are not already participating, to consult with the Attorney General and the Director of the FBI regarding participation in the National Use-of-Force Data Collection. The agreement further directs such agencies to brief the Committees on Appropriations, no later than 90 days after enactment of this Act, on their current efforts to so participate. Fire Hazard Potential Analysis.--Within 90 days of enactment of this Act, the Forest Service and the Department of the Interior are directed to provide the Committees an estimate of the federal investment required to treat and restore all of the acres (federal and non-federal) classified as being at high or very high risk on the 2018 Wildfire Hazard Potential Map. The agencies are directed to provide an analysis of the acres that need to be treated within the next five years in order to limit the risk wildfires pose to communities and public lands, identifying the acres located in the Wildland-Urban Interface or municipal watersheds, and those acres most likely to spread wildfire into developed areas using the Forest Service's Scenario Investment Planning Tool. Firefighting Aviation Contracts.--In addition to the direction outlined in House Report 116-448 regarding the report on firefighting aviation contracts and current impediments to the use of longer-term contracts, the Committees also direct the Forest Service and the Department of the Interior to consider, as part of this report, whether modifying cancellation ceilings for longer-term aviation contracts consistent with practices used for longer-term stewardship contracts, as provided by Division O of Public Law 115-141, could assist the agencies in having long-term certainty and affordability for modern aviation assets. Great American Outdoors Act.--At the end of this explanatory statement, the Committees have included allocation of projects pursuant to the Great American Outdoors Act (Public Law 116-152). Invasive Species Report.--Within 180 days of the date of enactment of this Act, the agencies shall provide the Committees with a report on their efforts to prioritize Early Detection and Rapid Response as part of their expected program of work for fiscal year 2021, including detail on how the agencies plan to protect specific native species and natural resource values on public lands across the Nation. Land and Water Conservation Fund.--With the August 4, 2020, enactment of the Great American Outdoors Act (Public Law 116- 152), Congress provided a permanent appropriation of $900,000,000 per year from the Land and Water Conservation Fund. The Act also mandated that account allocations and detailed project information be proposed by the administration each year through the president's annual budget submission, and that such allocations, following review by the House and Senate Appropriations Committees, may be modified through an alternate allocation. Because the fiscal year 2021 budget request did not contain allocations for the full amount now available, the table located at the end of this explanatory statement, referenced by a general provision in Title IV of this bill, provides for the allocation of funds at the agency, account, activity, and project levels in accordance with section 200303 of title 54, United States Code. Individual, location-specific projects have been identified, fully vetted, and ranked by the agencies and the information was provided to Congress as required by the fiscal year 2020 Interior, Environment, and Related Agencies Appropriations Act (Public Law 116-94). Additional direction to the agencies: General Implementation.--The bill contains language in Title IV directing the Secretary of the Interior and the Secretary of Agriculture, as appropriate, to allocate funds from the Land and Water Conservation Fund to the respective agencies and appropriation accounts detailed in the table located at the end of this explanatory statement within 30 days of enactment of this Act. The language also requires that the allocation of funds within each appropriation be made to the activities presented in the table. Flexibility for each agency at the project level is provided in two ways: first, by aggregating the total amount available for listed acquisitions, each agency can provide for small adjustments in funding between individual projects in the table as necessary; and secondly, by providing for an ``acquisition contingencies'' activity, the bill provides additional funds that may be utilized by an agency to pursue additional opportunities with respect to each listed project or other projects that may arise. Each agency is directed to promptly advise the Committees on Appropriations of any adjustment made to a previously announced funding level, or to any addition or deletion of a project not previously disclosed. Within the non-project-based line items, the agencies are expected to follow the longstanding guidelines for informing and seeking the approval of Congress, as appropriate, for federal acquisitions. Each agency should prioritize acquisitions that maximize benefits to the public through consolidated Federal ownership that create management efficiencies, provide recreational access, or protect critical resources, such as inholdings in congressionally designated wilderness areas, battlefield parks and national scenic and historic trails. The bill also includes requirements for ranked project lists for the forthcoming fiscal year, to be submitted with the budget and subsequently, so as to afford Congress the ability to provide informed alternative allocations. The Committees expect the format for budget and supplemental lists to be similar to those provided in the fiscal year 2017 budget request for discretionary and mandatory projects. All project lists submitted--including both those submitted with the budget or the supplemental lists just noted--should be comprised of projects for which tracts and willing sellers have been identified, and an initial appraisal or market research has been initiated. Bureau of Land Management.--The Committees are concerned about the length of time the Bureau is spending to approve projects and encourages the Bureau to complete the review and closing of projects on a timely basis. Fish and Wildlife Service.--The Committees strongly encourage the Service to continue to provide outreach to all units of the National Wildlife Refuge System, including Clarks, Cahaba River, McKinney, Ottawa, Loxahatchee, and Edwards to ensure these [[Page H8526]] refuges are aware of all funding opportunities available to fulfill the vision of Secretarial Order 3356. The Committees are also aware that the Green River National Wildlife Refuge is a newly established refuge and is eligible for funding under the recreational access, inholding, and other lines included in the alternate allocation detail table; therefore, the Service is encouraged to continue to use these additional funding tools to purchase parcels as they become available, as it does for other units of the National Wildlife Refuge System. Cooperative Endangered Species Conservation Fund.--In addition to the allocations in the table at the end of this explanatory statement, this bill also includes an additional $19,638,000 in discretionary appropriations from the LWCF for Fish and Wildlife Service Habitat Conservation Plan Land Acquisition grants to states, as detailed in the associated section of this explanatory statement. National Park Service.--The Committees are aware of concerns related to State conservation grant conversion and improvement applications and directs the Service to make every effort to work with applicants to expedite the approval of applications that improve or increase accessibility to recreational facilities and open space. The Service is directed to evaluate the totality of an application and work to address issues regarding historic management to allow the Service to approve the application. Further, the Service is directed to submit a report within 180 days of enactment of this Act detailing the recommendations developed by a working group of interested stakeholders to assist States in addressing their obligations and compliance responsibilities, which was discussed in Senate Report 116-123. Forest Service.--The Service is expected to follow the longstanding process for informing and seeking the approval of Congress, as appropriate, for funding other Forest Legacy projects as ranked by the competitively selected national priority list, if listed projects are no longer viable and funding becomes available. Land Grants, Acequias and Community Ditches.--The Secretaries of the Department of the Interior and the Department of Agriculture are urged to recognize the traditional use of State-recognized community land grants, acequias, and community ditches in the American Southwest during the land use planning process. The Department of the Interior and the Forest Service shall, in accordance with applicable law, consider and, as appropriate, provide for within land management plans the traditional-historic uses by an acequias or land grant merceds recognized by the State of New Mexico. Mitigation from Border Barrier Construction.--The agreement does not include direction requiring a report on the impacts of border barrier construction. Public Land Orders.--In 2004, Congress passed the Alaska Land Transfer Acceleration Act (Public Law 108-452) to provide for the expedited conveyance of outstanding land selections prior to the 50th anniversary of statehood in 2009. More than a decade later progress toward lifting Public Land Orders (PLOs) in Alaska to facilitate conveyances remains limited. The Committees expect the Department to prioritize the lifting of PLOs in Alaska as appropriate, particularly PLO 5150, and to submit a plan to Congress within 120 days of enactment of this Act describing a process for lifting those orders. Race, Community, and Our Shared Future Initiative.--The Committees are supportive of the Smithsonian's new initiative ``Race, Community and Our Shared Future.'' Over the next year, the Smithsonian expects to hold a series of town halls and other virtual gatherings across the country to reach a wide audience and engage numerous partners as well as experts from within the Smithsonian Institution. The Secretary of the Smithsonian is encouraged to engage other federal agencies in this initiative and is directed to report to the Committees on a quarterly basis on scheduled and planned discussions, audiences reached, partner participation, and any actionable items that have resulted from this initiative. The Secretary of the Interior, working with the Wilson Center Board of Trustees, is directed to work with the Smithsonian Institution on this new initiative. Training, Hiring, and Public Lands Education in Alaska.-- The directive in Public Law 116-94 regarding conducting annual Alaska National Interest Lands Conservation Act training by the Department of the Interior and the Forest Service is continued. The Committees also recognize the importance of Alaska Public Land Information Centers as partners and tools to educate the public regarding Alaska's unique public lands and encourages the agencies to look for opportunities to strengthen these critical partnerships. Tribal Lease Payments.--The agreement incorporates the fiscal year 2021 budget proposal to create separate appropriations accounts for 105(l) Tribal payments along with a general provision directing the Bureau of Indian Affairs and the Indian Health Service to develop guidelines regarding lease costs. The Committees strongly encourage both Departments to engage in meaningful dialogue with one another and Tribes to coalesce around a process to develop policy guidance. The Committees also note that payments for 105(l) leases directly resulting from decisions in the case of Maniilaq Ass'n v. Burwell in both 2014 (72 F. Supp. 3d 227 (D.D.C. 2014)) and 2016 (70 F. Supp. 3d 243 (D.D.C. 2016)) appear to create an entitlement to compensation for 105(l) leases that is typically not funded through discretionary appropriations, and the Committees encourage discussion regarding the funding classification to continue. The Committees are aware of recent litigation in Federal courts regarding what constitutes reasonable lease costs under the 105(l) program. As part of the consultation required by language in Title IV of this Act, the Indian Health Service and the Department of the Interior are expected to consult with Tribes and Tribal organizations regarding agency regulations and policies that determine the amount of space and other standards necessary to carry out federal programs under a section 105(l) lease, and to ensure that such regulations and policies are consistent, transparent and clearly communicated to affected Tribes. The Service and the Department are expected to periodically update the Committees on the status of the consultation. Transparency.--Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. Transparency of Information Regarding Grants, Agreements, Research, and Conference Attendance.--The agencies covered by this Act are encouraged to disclose the full costs of grants or projects in any public documents. Additionally, each agency is urged, prior to undertaking research, to evaluate whether the research will promote the progress of science in the United States or advance a national security or economic interest. Wildlife Data Coordination.--The Department of the Interior and the Forest Service are expected to prioritize continued coordination with other Federal agencies and State wildlife agencies to utilize State fish and wildlife data and analyses as an applicable source to inform land use, land planning, and related natural resource decisions. Federal agencies should not unnecessarily duplicate raw data, but when appropriate, evaluate existing analysis of data prepared by the States and, reciprocally, share data with State wildlife managers to ensure that the most complete data set is available for decision support systems. Missing and Murdered Indigenous Women.--The Committees are concerned about the crisis of missing, trafficked, and murdered indigenous women. Native American women face high rates of violence and the lack of data on the number of women and girls who go missing or murdered further complicates the Nation's ability to address the crisis. The agreement includes both funding and report language under the Bureau of Indian Affairs and the Indian Health Service in order to improve the Federal response to this crisis. REPROGRAMMING GUIDELINES The following are the procedures governing reprogramming actions for programs and activities funded in the Department of the Interior, Environment, and Related Agencies Appropriations Act. The House and Senate Committees on Appropriations are dismayed by multiple agencies' lack of strict adherence to the Committees' reprogramming guidelines and agencies funded by this Act are reminded that no reprogramming shall be implemented without the advance approval of the House and Senate Committees on Appropriations in accordance with the procedures included in this Act. The agencies funded in this Act are reminded that these reprogramming guidelines are in effect, and must be complied with, until such time as the Committees modify them through bill or report language. Definitions.--``Reprogramming,'' as defined in these procedures, includes the reallocation of funds from one budget activity, budget line-item, or program area to another within any appropriation funded in this Act. In cases where either the House or Senate Committee on Appropriations report displays an allocation of an appropriation below that level, the more detailed level shall be the basis for reprogramming. For construction, land acquisition, and forest legacy accounts, a reprogramming constitutes the reallocation of funds, including unobligated balances, from one construction, land acquisition, or forest legacy project to another such project. A reprogramming shall also consist of any significant departure from the program described in the agency's budget justifications. This includes all proposed reorganizations or other workforce actions detailed below which affect a total of 10 staff members or 10 percent of the staffing of an affected program or office, whichever is less, even without a change in funding. Any change to the organization table presented in the budget justification shall also be subject to this requirement. Agencies are reminded that this recommendation continues longstanding General Guidelines for Reprogramming that require agencies funded by this Act to submit reorganization proposals for the Committees' review prior to their implementation. It is noted that such reprogramming guidelines [[Page H8527]] apply to proposed reorganizations, workforce restructure, reshaping, transfer of functions, or bureau-wide downsizing and include closures, consolidations, and relocations of offices, facilities, and laboratories. In addition, no agency shall implement any part of a reorganization that modifies regional or State boundaries for agencies or bureaus that were in effect as of the date of enactment of this Act unless approved consistent with the General Guidelines for Reprogramming procedures specified herein. Any such reprogramming request submitted to the Committees on Appropriations shall include a description of anticipated benefits, including anticipated efficiencies and cost- savings, as well as a description of anticipated personnel impacts and funding changes anticipated to implement the proposal. General Guidelines for Reprogramming.-- (a) A reprogramming should be made only when an unforeseen situation arises, and then only if postponement of the project or the activity until the next appropriation year would result in actual loss or damage. (b) Any project or activity, which may be deferred through reprogramming, shall not later be accomplished by means of further reprogramming, but instead, funds should again be sought for the deferred project or activity through the regular appropriations process. (c) Except under the most urgent situations, reprogramming should not be employed to initiate new programs or increase allocations specifically denied or limited by Congress, or to decrease allocations specifically increased by the Congress. (d) Reprogramming proposals submitted to the House and Senate Committees on Appropriations for approval will be considered as expeditiously as possible, and the Committees remind the agencies that in order to process reprogramming requests, adequate and timely information must be provided. Criteria and Exceptions.--A reprogramming must be submitted to the Committees in writing prior to implementation if it exceeds $1,000,000 annually or results in an increase or decrease of more than 10 percent annually in affected programs or projects, whichever amount is less, with the following exceptions: (a) With regard to the Tribal priority allocations of the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE), there is no restriction on reprogrammings among these programs. However, the Bureaus shall report on all reprogrammings made during a given fiscal year no later than 60 days after the end of the fiscal year. (b) With regard to the EPA, the Committees do not require reprogramming requests associated with the States and Tribes Partnership Grants or up to a cumulative total of $5,000,000 from carryover balances among the individual program areas delineated in the Environmental Programs and Management account, with no more than $1,000,000 coming from any individual program area. No funds, however, shall be reallocated from individual Geographic Programs. (c) With regard to the National Park Service, the Committees do not require reprogramming requests associated with the park base within the Park Management activity in the Operation of the National Park System Account. The Service is required to brief the House and Senate Committees on Appropriations on spending trends for the park base within 60 days of enactment of this Act. Assessments.--``Assessment'' as defined in these procedures shall refer to any charges, reserves, or holdbacks applied to a budget activity or budget line item for costs associated with general agency administrative costs, overhead costs, working capital expenses, or contingencies. (a) No assessment shall be levied against any program, budget activity, subactivity, budget line item, or project funded by the Interior, Environment, and Related Agencies Appropriations Act unless such assessment and the basis therefor are presented to the Committees in the budget justifications and are subsequently approved by the Committees. The explanation for any assessment in the budget justification shall show the amount of the assessment, the activities assessed, and the purpose of the funds. (b) Proposed changes to estimated assessments, as such estimates were presented in annual budget justifications, shall be submitted through the reprogramming process and shall be subject to the same dollar and reporting criteria as any other reprogramming. (c) Each agency or bureau which utilizes assessments shall submit an annual report to the Committees, which provides details on the use of all funds assessed from any other budget activity, line item, subactivity, or project. (d) In no case shall contingency funds or assessments be used to finance projects and activities disapproved or limited by Congress or to finance programs or activities that could be foreseen and included in the normal budget review process. (e) New programs requested in the budget should not be initiated before enactment of the bill without notification to, and the approval of, the Committees. This restriction applies to all such actions regardless of whether a formal reprogramming of funds is required to begin the program. Quarterly Reports.--All reprogrammings between budget activities, budget line-items, program areas, or the more detailed activity levels shown in this recommendation, including those below the monetary thresholds established above, shall be reported to the Committees within 60 days of the end of each quarter and shall include cumulative totals for each budget activity or budget line item, or construction, land acquisition, or forest legacy project. Land Acquisitions, Easements, and Forest Legacy.--Lands shall not be acquired for more than the approved appraised value, as addressed in section 301(3) of Public Law 91-646, unless such acquisitions are submitted to the Committees on Appropriations for approval in compliance with these procedures. Land Exchanges.--Land exchanges, wherein the estimated value of the Federal lands to be exchanged is greater than $1,000,000, shall not be consummated until the Committees have had 30 days in which to examine the proposed exchange. In addition, the Committees shall be provided advance notification of exchanges valued between $500,000 and $1,000,000. Budget Structure.--The budget activity or line item structure for any agency appropriation account shall not be altered without advance approval of the Committees. TITLE I--DEPARTMENT OF THE INTERIOR Bureau of Land Management MANAGEMENT OF LANDS AND RESOURCES (INCLUDING RESCISSION OF FUNDS) Management of Lands and Resources (MLR).--The bill provides $1,220,555,000 for the Management of Lands and Resources appropriation, and a rescission of $13,000,000 from fiscal year 2018 and prior year unobligated funds. Allocations at the activity and subactivity level are contained in the table at the back of this explanatory statement and in the following narrative. In Land Resources, increases above the enacted level include $1,000,000 in cultural resources management to continue the predictive modeling program; and $14,190,000 in the wild horse and burro program, which is described in greater detail below. In Wildlife and Aquatic Habitat Management, the increase above the enacted level is $2,000,000 in wildlife habitat management for sage-grouse conservation. Within the funds being made available, threatened and endangered species funding continues at $21,567,000 and sage-grouse funding is $66,000,000. In Recreation Management, the increase above the enacted level is $1,000,000 in recreation resources management for additional stewardship activities on all 18 scenic and historic trails, including the Iditarod, the Pacific Crest, and the Oregon National. Of the funds made available for wilderness management, priority shall be given to activities to improve wilderness habitat and adjoining habitat by addressing noxious weed infestations and fuel loads. In Energy and Minerals, the increase above the enacted level is $1,500,000 in renewable energy. Total funding for oil and gas programs is above the request and sufficient to maintain program capacity and to continue progress toward cleanup of the next cluster of legacy wells in need of remediation. In Realty and Ownership Management increases above the enacted level include $3,000,000 in Alaska conveyance; and $3,000,000 in cadastral, lands, and realty management. Use of those increases shall be for implementing section 1119 of the Dingell Conservation Act (Public Law 116-9) with respect to Alaska Native Vietnam veterans, and for priority broadband development. In National Landscape Conservation System, the increase above the enacted level is $2,000,000 for enhanced inventory and monitoring activities and operational requirements mandated by recent legislative additions. Alaska Fire Service.--The Committees recognize the importance of the Alaska Fire Service and directs the Bureau, to the extent feasible, to partner with Federal agencies, such as the Denali Commission, to provide training opportunities that both meet the needs of the Service and provide jobs in rural communities. Bonneville Salt Flats.--The Committees expect the Department to implement cooperative agreements with the State of Utah to restore the Bonneville Salt Flats. The Committees direct the Department to brief the Committees on this effort within 45 days of enactment of this Act. California Desert Protection and Recreation Act.--The Bureau is directed to brief the Committees within 45 days on implementation of the Act. Colorado Salinity Control.--The program shall be funded and maintained consistent with prior years. Competitive Leasing Rule.--The Department is directed to revisit the Competitive Leasing Rule to allow a limited set of projects, those that applied for a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2016, at their request, to return to the fair market rents and fees established as part of the Instructional Memorandum. Contaminated Lands.--The Bureau is directed to submit a list of contaminated lands that remain under its jurisdiction in Alaska within one year of enactment of this Act. Coos Bay Wagon Road Lands.--The Bureau is directed to ensure that county payments are made in accordance with the Coos Bay Wagon Road Act (Public Law 76-85) and that Sudden Oak Death treatments will continue at current levels. Fortymile Resource Management Plan.--The Bureau is encouraged to initiate the process of replacing the Fortymile Resource Management Plan with a management document that reflects the new ownership landscape. [[Page H8528]] Gay Mine.--The agreement does not include House instructions regarding the Gay Mine site in Idaho. Geothermal.--The Bureau is directed to provide to the Committees a report within 90 days of enactment of this Act on the suitability of expanding the list of categorical exclusions currently available for geothermal energy to include those available for oil and gas exploration activities under Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942). Legacy Well Remediation.--The Bureau is directed to provide to the Committees within 90 days of enactment of this Act a detailed strategy for funding completion of remediation of the remaining legacy wells within its jurisdiction within the next 10 years. National Seed Strategy.--The Bureau is directed to ensure that both the program and National Seed Strategy be funded and operated consistent with prior years, and that the National Seed Strategy continues to be implemented in a manner that balances the need for a variety of seeds to accomplish immediate and long-term restoration goals. Required Report.--The Committees note that the required study under Section 1119(c) of the Dingell Conservation Act (Public Law 116-9) has not been received and direct the Bureau to meet its obligation. Tribal consultation on Oil and Gas.--The Bureau is instructed to ensure that any coordinating office created in partnership with other oil and gas related permitting agencies shall closely coordinate with all appropriate Tribal organizations, including the Fort Berthold Tribal authorities. Turn Point Lighthouse.--The Bureau is directed to brief the Committees within 60 days of enactment of this Act on existing and planned future efforts to support the Turn Point Lighthouse. Wild Horse and Burro Program.--The bill provides $115,745,000 for the Wild Horse and Burro program. These funds are in response to the Bureau's May 15, 2020 proposal to institute an aggressive, non-lethal population control strategy to address the current unsustainable trajectory of on-range wild horse and burro population growth. The Committees expect this strategy to continue and to include a robust expansion of fertility control utilizing methods that are proven, safe, effective, and humane. Such treatments and on-range gathers are to be maximized, even if appropriate management levels are not immediately achievable. As the Bureau works to substantially increase on-range gathers for removal, the Committees note concern over the Bureau's lack of action to secure cheaper and longer-term off-range holding facilities and pastures. The Committees further expect the Bureau to demonstrate its ability to increase its capacity for gathers; procure additional short and long term holding facilities; and to ensure that adequate staffing requirements are met, both in the field and in a location that will facilitate communication with policy makers. The Bureau shall continue to abide by the Comprehensive Animal Welfare Program and the statutory restrictions on sale without restriction, and the directives contained in House Report 116-100, House Report 116-448, and Senate Report 116-123. Finally, the Committees believe that the full and successful implementation of the Bureau's strategy will be greatly enhanced with a traditional congressional communications policy that includes regular and timely briefings on the progress being made and the challenges ahead. Other Directives.--The Bureau shall continue implementing the following subject matter directives as detailed in Senate Report 116-123: soda ash; Arctic economic opportunities; vacant grazing permits; initiation of a pilot program for oil/gas permit processing; submission of reports; review of placer mine validity exams; expeditious cleanup of Alaska Native lands; the Red River survey; and revegetation standards. With respect to the revegetation standards directive, the Committees understand that the applicable standards for the Fortymile Mining District in Alaska are described in the Placer Mining Final Cumulative Environmental Impact Statements ordered by the U.S. District Court (Alaska District) in Sierra Club v. Penfold. LAND ACQUISITION (RESCISSION OF FUNDS) The bill includes a rescission of $5,400,000 of prior year unobligated balances. OREGON AND CALIFORNIA GRANT LANDS The bill provides $114,783,000 for the Oregon and California Grant Lands appropriation. Specific allocations at the activity and subactivity level are contained in the table at the back of this explanatory statement. Sudden Oak Death Syndrome.--The bill provides funding adequate to continue efforts at fighting Sudden Oak Death syndrome. RANGE IMPROVEMENTS The bill provides $10,000,000 to be derived from public lands receipts and Bankhead-Jones Farm Tenant Act lands grazing receipts. SERVICE CHARGES, DEPOSITS, AND FORFEITURES (INCLUDING RESCISSION OF FUNDS) The bill provides an indefinite appropriation estimated to be $28,000,000 for Service Charges, Deposits, and Forfeitures. The bill also includes a rescission of $20,000,000 in unobligated prior year collections. MISCELLANEOUS TRUST FUNDS The bill provides an indefinite appropriation estimated to be $26,000,000 for Miscellaneous Trust Funds. United States Fish and Wildlife Service RESOURCE MANAGEMENT The bill provides $1,379,828,000 for Resource Management. All programs and activities are funded at the amounts enacted in fiscal year 2020 unless otherwise specified below or in the table at the end of this division and the agreement approves the proposed ethics and general operations transfers. The Service is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-448 unless otherwise specified below. Ecological Services.--The agreement provides $269,666,000 for programs and activities within Ecological Services, including $20,767,000 for listing which provides a program increase of $500,000 above the enacted level. The agreement continues the direction regarding lesser prairie-chicken carried in the explanatory statement accompanying the Consolidated Appropriations Act, 2020 (Public Law 116-94) and directs the Service to continue to collaborate with local and regional stakeholders on improving voluntary solutions to conserve the species. This will help achieve the goals of encouraging voluntary conservation and avoiding the necessity of listing the species. The Service is to provide a briefing to the Committees on these efforts within 120 days of enactment of this Act. The agreement urges the Service to work with State and local governments before entering into multi-species settlement agreements. The Consolidated Appropriations Act, 2018 (Public Law 115-141) included language directing the Service to develop a plan to improve the transparency of the underlying data used to make listing determinations and critical habitat designations. The Service is expected to provide the report required by the Act and improve upon its efforts to make underlying data publicly available. Traditional Knowledge.--The Service has not fully incorporated traditional Tribal knowledge in its implementation of the ESA, and when appropriate, is expected to make every effort to do so. The Service is also expected to engage in additional outreach to Tribal governments in circumstances where traditional knowledge may provide valuable information, including for species like the northern sea otter. Planning and Consultation.--The agreement provides $109,251,000 for project permitting and consultation activities which maintains the enacted level to avoid permitting delays and to achieve compliance with other statutes and provides a program increase of $500,000 to build field capacity and focus on technical assistance as outlined in House Report 116-448. Within planning and consultation, $4,000,000 is maintained for Gulf Coast restoration activities. Conservation and Restoration.--The agreement provides $34,617,000 for conservation and restoration activities which includes an increase of $500,000 for the at-risk species initiative outlined in the budget request and an increase of $500,000 for a complete survey and stock assessment report of the northern sea otters in southeast Alaska. Recovery.--The agreement provides $105,031,000 for activities in support of the recovery and delisting of threatened and endangered species which includes: $3,500,000 for the State of the Birds; $1,200,000 for the Prescott Grant program; and $1,000,000 for the wolf-livestock demonstration program. The agreement supports focused efforts by the Service to prevent extinction of the most critically endangered species but reminds the Service of the critical importance of continuing to reduce the backlog of 5-year reviews and associated changes. The Service is directed to include information on whether there are areas currently under Federal stewardship where milkweed habitat can be restored, enhanced, or expanded for monarch butterfly populations in the required report. The agreement provides $9,000,000 for Recovery Challenge matching grants. Program direction contained in House Report 116-448 is amended to allow for grants to be used to develop and implement recovery outlines, update recovery plans, and implement high priority recovery actions as prescribed in recovery plans and other public documents containing specific, measurable, and prioritized actions to recover federally listed species. The Service is directed to develop a multi-year funding cycle for the State of the Birds program that includes appropriate considerations for the contingency of future funding, and to brief the Committees no later than 90 days after enactment of this Act on the plan and timeline for implementation. The agreement acknowledges a highly infectious disease has been found in the Missouri populations of the Ozark hellbender and encourages the Service to support recovery efforts. American Burying Beetle.--The Service proposed to downlist the American burying beetle from endangered to threatened under the ESA in May 2019 and has announced the reopening of the public comment period on the proposed rule. Within funds provided, the Service is directed to finalize a rule by the end of the fiscal year that will provide regulatory certainty to the public while contributing to the conservation of the American burying beetle. Grizzly Bears.--The agreement recognizes the conservation efforts taken by Western States to provide for the full recovery of the grizzly bear. The Fish and Wildlife Service is [[Page H8529]] urged to fully consider State conservation efforts and management plans and the best scientific and commercial data available while conducting the 5-year status review of the grizzly bear, and to expeditiously issue a new rule, if warranted, following the conclusion of the review. Florida Grasshopper Sparrow.--The Service is directed to continue to support the Florida grasshopper sparrow recovery efforts and the agreement maintains the increase provided in fiscal year 2020. Furthermore, the success of the Service's captive breeding program as managed by its conservation partners is encouraging and augmenting the wild population with captive bred releases as early as this year will mark an important new phase in the species' recovery. In addition, the disease and health studies necessary to understand and combat captive bred sparrow mortality may have important benefits to the recovery of other endangered birds including the Cape Sable seaside sparrow. Sea Otters.--Sea otters play a critical ecological role in the marine environment as a keystone species that significantly affects the structure and function of the surrounding ecosystem. However, sea otters were effectively eliminated from the Pacific Coast of the United States by hunters and traders during the 1700s and 1800s. The Service is directed to study the feasibility and cost of reestablishing sea otters on the Pacific Coast of the contiguous United States, and to report to the Committees on the results of such a study within one year of enactment of this Act. American Red Wolves.--The agreement supports the Service's recovery efforts of the American red wolf and recognizes the tremendous vulnerability of this species. The Service is encouraged to continue to partner with institutions that have expertise in ex-situ breeding and care, access to multi- acreage for research, and controlled habitat for breeding, which will help avoid negative impacts to landowners and other native species. Language contained in Senate Report 116-123 subtitled Native Handicrafts, Central Everglades Planning Project, Loxahatchee National Wildlife Refuge, Corolla Wild Horses and Unknown Florida Panther Disorder is restated. The agreement reiterates that the Service's 2016 regulation does not apply to Alaska Native handicrafts made from walrus ivory and mammoth ivory. Subsistence Activities.--Marine mammal subsistence harvest management and enforcement decisions should be, to the extent practicable, led by Alaska Native Organizations at the local level, with Federal agencies working in partnership with Alaska Native Organizations. The Service is expected to finalize a co-management agreement with the Alaska Nannut Co- Management Council (ANCC), and in the interim, to work closely with ANCC on enforcement actions that may arise in relation to subsistence uses of polar bears. The Service is directed to provide funding to Alaska Native Organizations with which it co-manages marine mammals at no less than fiscal year 2020 levels. Within 120 days of the enactment of this Act, the Service shall submit a report on its efforts to work collaboratively with other Federal agencies on activities related to marine mammal subsistence harvests. Habitat Conservation.--The agreement provides $70,219,000 for habitat conservation programs, of which $56,859,000 is for the Partners for Fish and Wildlife program and $13,360,000 is for the Coastal Program. The recommendation provides $1,750,000 for the Chesapeake Bay nutria eradication project and $5,132,000 for Klamath River habitat restoration. National Wildlife Refuge System.--The agreement provides $503,853,000 for the National Wildlife Refuge System. Wildlife and Habitat Management.--The agreement provides: $13,425,000 for invasive species; $1,750,000 for the Chesapeake Bay nutria eradication project; $500,000 to help refuges improve water efficiency in order to maintain, improve, replace and upgrade refuge infrastructure on areas such as the Quivira National Wildlife Refuge; and $1,500,000 for Pacific Marine National Monuments. The Service is encouraged to fill long vacant staffing positions in refuges that have not had a full-time refuge manager in at least three years. In addition, the Service is directed to continue to work in cooperation with the National Oceanic and Atmospheric Administration to support research, management, and education for existing marine national monuments off the continental United States. Rio Mora National Wildlife Refuge.--The Service's efforts to support staffing and educational programming at Rio Mora National Wildlife Refuge are appreciated. As the refuge transitions from nonprofit to Federal support, consistent with the long-term vision for the refuge, the bill includes funds to complete the conversion of staff positions. The Service is urged to open the positions to applicants from both inside and outside the Federal Government. Polar Bear Tourism.--There are significant concerns among residents in Kaktovik, Alaska, related to the Service's program for polar bear viewing. While tourism has increased significantly in recent years, there are reports of bears becoming less fearful of humans as a result of tourism, leading to more human encounters with bears within the village. In addition, tourism has reportedly made it more difficult for residents to travel to and from Kaktovik, given the limited availability of air service. The Service is instructed to review its program for polar bear tourism, consult and incorporate the views of Kaktovik residents in its decisions related to the program, and explore cooperative management of the Beaufort polar bear population with Native peoples in the village. Continued Funding Prohibitions.--The Service is to continue to follow the directive from previous fiscal years that prohibits a caribou hunt on Kagalaska Island and efforts to remove cattle on Chirikof and Wosnesenski Islands in the State of Alaska. Planning and Management of Remote Sites.--Physically isolated sites present special challenges for the Service because of the high cost of transportation to and from such areas. The Service's use of satellites and other remote sensing data for such areas is commended and the Service is urged to conduct site assessments in accordance with a comprehensive plan for conservation and management. Visitor Services.--The agreement includes $75,033,000 which includes $5,500,000 for the Urban Wildlife Refuge Partnership program. Refuge Maintenance.--The agreement includes $145,822,000 which includes $24,850,000 for annual maintenance and $46,579,000 for deferred maintenance as requested. Additionally, $12,201,000 is provided for equipment and vehicle management and $62,318,000 for maintenance support. Conservation and Enforcement.--The agreement provides $157,765,000 for other conservation and enforcement programs as described below. Migratory Bird Management.--The agreement provides $47,873,000 which includes $28,784,000 for Conservation and Monitoring which includes $600,000 to manage bird-livestock conflicts and $15,122,000 for the North American Waterfowl Management Plan/Joint Ventures program. Law Enforcement.--The agreement provides $86,860,000 for law enforcement activities to help combat illegal global wildlife trafficking and implement the Lacey Act, as amended (Public Law 110-246). The Committees remain concerned about the global health risk from wildlife to human disease transmission, which has been heightened by the recent national health emergencies and includes an additional $3,500,000 for increased port inspections and $1,500,000 for intelligence efforts which may also be used as needed to supplement inspections. In addition, $3,500,000 is provided to continue the Service's work with the Indian Arts and Crafts Board to combat international trafficking of counterfeit arts and crafts and to conduct criminal investigations of alleged violations of the Indian Arts and Crafts Act. International Affairs.--The agreement provides $23,032,000 including $10,294,000 for International Conservation and $12,738,000 for International Wildlife Trade, of which $3,000,000 is for the electronic permit application and processing system. Technological innovation has become increasingly important in wildlife management and the agreement provides $1,000,000 to implement section 7001 of Public Law 116-9, the Wildlife Innovation and Longevity Driver (WILD) Act, which established the Theodore Roosevelt Genius Prizes for technological innovation to help conserve and manage wildlife. A comprehensive scientific research application has been submitted by certain Association of Zoos and Aquariums (AZA) facilities to the Service that could contribute to the scientific knowledge about polar bear biology and reproduction, thereby enhancing conservation efforts. The Service is encouraged to consider this application in a timely fashion. The recommendation also includes bill language regarding the obligation and distribution of FY 2018 international grant funds. Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) Permits.--The Service is directed to conduct an internal review of its current CITES Flora permitting process, in an effort to identify any inefficiencies resulting in significant delays of permit approval. Within 150 days of enactment of this Act, the Service is to provide a detailed report of its findings to the Committees. The Service should consider alternative solutions to the current CITES permitting process that would ameliorate any delays and include these suggestions in its report. The Service is directed to provide the briefing required in the explanatory statement accompanying Public Law 116-94 on its current policy for sport-hunted trophies and its analysis on exporting countries' conservation programs and species survival within 60 days of enactment of this Act. Fish and Aquatic Conservation.--The agreement provides $206,613,000 for fish and aquatic conservation programs. National Fish Hatchery System Operations.--The agreement provides $65,551,000 which maintains the enacted level for programs outlined in House Report 116-448 and includes $3,750,000 for Klamath Basin restoration activities and $4,700,000 for mitigation of the Pacific Salmon Treaty of which $1,556,000 is for the Yukon River Salmon Agreement. The Service is directed to continue to work in cooperation with State fish and game agencies on marking of anadromous fish. The agreement maintains funding for mass marking at the fiscal year 2020 enacted level and provides the requested program increase of $1,394,000. The Service is encouraged to include adequate support for mitigation activities at National Fish Hatcheries in future budget submissions. Additionally, funds are maintained at the enacted levels for the improvements to aquatic habitat through the removal of locks and dams, and the recommendation continues enacted funding for [[Page H8530]] Klamath Basin restoration and monitoring activities. None of the funds may be used to terminate operations or to close any facility of the National Fish Hatchery System. None of the production programs listed in the March 2013 National Fish Hatchery System Strategic Hatchery and Workforce Planning Report may be reduced or terminated without advance, informal consultation with affected States and Tribes. Maintenance and Equipment.--The agreement provides $25,822,000 for maintenance and equipment expenses. Habitat Assessment and Restoration.--The agreement provides $42,289,000, which includes $10,000,000 to implement the Delaware River Basin Conservation Act; $18,598,000 for the National Fish Passage Program; and $2,750,000 to implement Klamath Basin restoration activities. The Service is directed to work with the affected Tribes on fish restoration activities. The Service's Southeast Region and Kentucky Field Office is to be commended for its ongoing efforts to work with Federal, State, and local partners to remove deauthorized and defunct locks and dams on the Green River and a key tributary, the Barren River. Removal of additional dams will provide important ecological, safety, and public access improvements, benefiting local communities and a growing outdoor recreation economy, and these efforts are encouraged. The Service is urged to complete the report on the feasibility of the removal of the Warren Mill Dam for fish passage. The Service is also encouraged to support the Delaware River Basin Restoration Program's existing, successful practice of allowing cash or in-kind contributions of services or materials to be used for the non-Department of the Interior share of the cost of a project funded under the grant program. Within the funds provided, Klamath Basin restoration activities are maintained at the enacted levels and the Service is directed to work with the affected Tribes on fish restoration activities. National Fish Habitat Program.--The Service has worked to reduce administrative costs in the National Fish Habitat Program and is directed to report back within 30 days of enactment of this Act with an explanation of the actions taken. Population Assessment and Cooperative Management.--The agreement provides $31,792,000 which includes $1,890,000 for Great Lakes Fish and Wildlife Restoration; $818,000 for the Lake Champlain sea lamprey program; and $250,000 from within available funds for snakehead eradication. Aquatic Invasive Species.--The agreement includes $41,159,000 for the aquatic invasive species programs, of which: $2,834,000 is to help States implement plans required by the National Invasive Species Act (NISA); $1,566,000 is for NISA coordination; $4,088,000 is to implement subsection 5(d)(2) of the Lake Tahoe Restoration Act; $25,000,000 is for Asian carp as outlined in House Report 116-448 and Senate Report 116-123 including not less than $3,000,000 for contract fishing; $3,500,000 is to prevent the spread of quagga and zebra mussels of which $2,250,000 is for control and eradication and $1,250,000 is for NISA State and Interstate Plans; $200,000 for research on hydrilla, eel, and milfoil invasive grasses; and $1,011,000 is for Great Lakes Sea Lamprey administration costs. Given that efforts to prevent introductions of aquatic invasive species are usually much more efficient than efforts to mitigate or respond to widespread invasions, the Service is requested to give a high priority to prevention activities, including inspection and decontamination efforts at points of entry to regions that are largely uncontaminated but susceptible to new introductions. Within 120 days of enactment of this Act, the Service shall submit a report describing its current efforts to prevent the introduction of invasive species to uninvaded ecosystems. The Service is directed to pursue technologies to aid in the elimination, mitigation, or control of aquatic nuisance species and invasive species, with an emphasis on methods that do not result in the addition of chemical agents to the ecosystem and that do not result in harmful secondary by- products, such as algal blooms, taste and odor concerns, and toxic by-products. Of particular interest are those technologies that can be implemented without extensive infrastructure modification and those that show immediate economic benefit as compared to the currently used methods of control, such as periodic physical removal and ongoing or periodic chemical treatment. Invasive plant and animal species are a pervasive problem affecting communities across the Nation. Invasive species such as the Asian carp, quagga and zebra mussels, emerald ash borer, Eurasian milfoil, elodea and the hemlock woolly adelgid threaten our natural resources and wreak havoc on the communities and industries that rely upon them. Preventing invasive species from gaining a foothold in our communities and suppressing established species is of utmost importance. The recommendation makes several increases to programs designed to combat invasive species before and after they become a problem. The Service is encouraged to support research, monitoring, and mitigation efforts, as well as efforts to disseminate such work in all regions and the Service is directed to continue to make available competitive grant funding for projects to eliminate these destructive, non-native species. Cooperative Landscape Conservation.--The agreement includes $12,500,000 for Landscape Conservation Cooperatives (LCCs). The Service is directed to promptly submit the required report outlining how this program deviates from that which was presented to Congress in the annual budget justifications. This report must include how the Service will engage previous stakeholders and how conservation efforts are aligned with partners, especially what will be done to ensure there is collaborative conservation on a landscape scale in fiscal year 2021 in addition to efforts through Migratory Bird Joint Ventures; Fish Habitat Partnerships; Nature's Network; the Southeast Conservation Adaptation Strategy; the Midwest Landscape Initiative; and the Californian Landscape Conservation Partnership. Science Support.--The agreement provides $17,267,000 for the Science Support program, which includes $3,500,000 for white nose syndrome and maintains the enacted level for Gulf Coast ecosystem restoration. The Service is encouraged to continue dedicating at least $2,000,000 of funds appropriated in Recovery to white-nose syndrome work. Best practices developed in response to white nose syndrome are directed to be applied in response to other new and emerging high-risk wildlife diseases. The Service should also continue, along with the U.S. Geological Survey, to lead and implement the North American Bat Monitoring Program in association with other Federal natural resource management agencies and offices, States, Tribes, and non-governmental partners. General Operations.--The agreement provides $141,945,000 for general operations and includes $25,758,000 for central office operations; $44,166,000 for management and administration; and $35,748,000 for Servicewide bill paying. The National Fish and Wildlife Foundation is funded at $7,022,000 and the National Conservation Training Center is funded at $26,014,000. The recommendation includes $3,237,000 for Aviation Management. The agreement continues support for the Everglades at not less than the fiscal year 2020 enacted level. CONSTRUCTION The bill provides $18,193,000 for Construction which includes $5,398,000 for line item construction; $5,000,000 for the backlog of deferred maintenance principally at national fish hatcheries and national wildlife refuges; $2,427,000 for bridge and dam safety; and $5,368,000 for nationwide engineering services. For line item construction, the Service is expected to follow the project priority list in the table below. When a construction project is completed or terminated and appropriated funds remain, the Service may use those balances to respond to unforeseen reconstruction, replacement, or repair of facilities or equipment damaged or destroyed by storms, floods, fires and similar unanticipated natural events. The Service is directed to provide a spend plan to the Committees within 120 days of enactment of this Act for the additional deferred maintenance funding. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. ---------------------------------------------------------------------------------------------------------------- State Refuge, Hatchery, or Other Unit Budget Request This Bill ---------------------------------------------------------------------------------------------------------------- TX............................................ Buffalo Lake NWR................. $1,800,000 $1,800,000 SC............................................ Bears Bluff NFH.................. 1,000,000 1,000,000 WA............................................ Makah NFH........................ 1,000,000 1,000,000 N/A........................................... Branch of Dam Safety (Newly 250,000 250,000 acquired dams) N/A........................................... Branch of Dam Safety (Seismic 200,000 200,000 safety). N/A........................................... Information Resources & 250,000 250,000 Technology Management WY............................................ Saratoga NFH..................... 458,000 458,000 AK............................................ Yukon Delta NWR.................. 380,000 380,000 AZ............................................ Williams Creek NFH............... 60,000 60,000 ---------------------------------------------------------------------------------------------------------------- COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND (INCLUDING RESCISSION OF FUNDS) The bill provides $43,340,000 to carry out section 6 of the Endangered Species Act of 1973, of which $23,702,000 is to be derived from the Cooperative Endangered Species Conservation Fund, and of which $19,638,000 is to be derived from the Land and Water Conservation Fund for Habitat Conservation Plan land acquisition. When combined with $11,162,000 for species recovery land acquisition provided through a direct appropriation, the total amount for section 6 land acquisition programs is equal to the enacted level of $30,800,000. The bill includes a rescission of $12,500,000 to be derived from unobligated balances of appropriations, which shall not include HCP Land Acquisition balances. The Service is expected to continue its recent policy of not artificially capping land acquisition awards for any Habitat Conservation Plan, and to work expeditiously to spend down unobligated balances. NATIONAL WILDLIFE REFUGE FUND The bill provides $13,228,000 for payments to counties from the National Wildlife Refuge Fund. NORTH AMERICAN WETLANDS CONSERVATION FUND The bill provides $46,500,000 for the North American Wetlands Conservation Fund. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND The bill provides $4,910,000 for the Neotropical Migratory Bird Conservation Fund. MULTINATIONAL SPECIES CONSERVATION FUND The bill provides $18,000,000 for the Multinational Species Conservation Fund. The detailed allocation of funding by activity is included in the table at the end of this explanatory statement. [[Page H8531]] STATE AND TRIBAL WILDLIFE GRANTS The bill provides $72,362,000 for State and Tribal Wildlife Grants which includes $59,000,000 for State Wildlife Formula grants, $7,362,000 for State Wildlife Competitive grants, and $6,000,000 for Tribal Wildlife grants. The Service is directed to provide a report to the Committees within 120 days of enactment of this Act that examines the allocation of State and Tribal Wildlife grants for each State over time. The report should provide data for each of the past 10 years on (1) the amount of funding provided to each state for both (a) the formula grants and (b) the competitive grants, and (2) the number of listed species present in each State. National Park Service OPERATION OF THE NATIONAL PARK SYSTEM The bill provides $2,688,287,000 for Operation of the National Park System (ONPS), $111,295,000 above the enacted level and $171,597,000 above the budget request. For this and all other Service accounts funded in this bill, the Service is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-448, unless otherwise specified below. Additional details, instructions, and requirements follow below and in the table at the end of this division. The Committees expect the Service to execute its spending at the levels provided. The Service may not redistribute the recommendations in a fiscal year 2021 operating plan. All programs, projects, and activities are funded at no less than the fiscal year 2020 operating plan levels and the bill does not include program changes proposed in the budget request unless otherwise specified. Fixed costs and funding for the 2021 Presidential Inauguration are provided at the requested level. The agreement also provides $8,316,000 for New Responsibilities at New and Existing Park Areas and $22,070,000 for rebuilding the workforce. Additional funding guidance is provided below. Resource Stewardship.--The bill includes: $3,925,000 for the Partnership Wild & Scenic Rivers program and other similarly managed rivers; $2,000,000 for Active Forest Management; $3,000,000 for Quagga and Zebra Mussel programs; $800,000 for Cave and Karst Ecosystem Research; $400,000 for Recreational Access--Support Alaska Subsistence; $12,316,000 for natural resource projects and $15,239,000 for the National Trails System. Additionally, the bill provides $1,500,000 for the national networks, which include the National Underground Railroad Network to Freedom, the African American Civil Rights Network, the Reconstruction Era National Historic Network, and the World War II Heritage Cities Network. Visitor Services.--Funding is provided at $700,000 for the Indian Youth Service Corps; $2,400,000 is for Recreational Access--Recreational Fishing; the National Capital Area Performing Arts Program and Volunteers in Parks Program are funded at the enacted level of $2,227,000 and $6,909,000 respectively. Park Protection.--The bill provides $950,000 for the Recreation Access--Veteran Fire Corps; $500,000 for the ProRanger program; and the requested level for Southern Arizona Office. All other activities are funded at no less than the enacted level. Facility Operations and Maintenance.--Cyclic Maintenance Projects are funded at $188,184,000 and $135,980,000 is provided for Repair and Rehabilitation Projects. The proposed reduction for DC Water and Sewer is accepted. Park Support.--The bill provides $1,000,000 for NPS App Development to expand public access to Federal recreational opportunities by developing a servicewide mobile app. The requested funding to monitor projects funded through the Urban Park and Recreational Recovery program is also provided. The requested reductions for the Departmentwide Reorganization Plan and the shift of ethics functions have been accepted. An increase of $1,253,000 above the request for New Responsibilities at New and Existing Park Areas is included for unanticipated new responsibilities needs in park support, such as the expanded operational costs for the Blackstone River Valley National Historical Park associated with meeting the statutory requirements of Public Law 113-291 and meeting the security and visitor service needs at Pearl Harbor National Memorial. The Committees direct the Service to provide a report within 120 days of enactment of this Act that describes the amount provided and how these funds will be used. Commissions.--The recommendation includes $3,300,000 for the 400 Years of African-American History Commission to be spent in accordance with the 400 Years of African-American History Commission Act and $8,000,000 for the Semiquincentennial Commission to be spent in accordance with the Semiquincentennial Commission Act of 2016. Global Positioning System Modernization.--The recommendation provides $4,000,000 for the replacement of Global Positioning System (GPS) data collection devices used by the Service for facilities planning, lands administration, visitor safety, and infrastructure protection. National Park Foundation.--The recommendation provides $5,000,000 for the National Park Foundation, equal to the fiscal year 2020 level. Funding is provided at the enacted level for the Service's Chesapeake Bay Office, the Honouliuli units and Coltsville National Historic Park, Valles Caldera National Preserve, the Roosevelt-Campobello International Park, and the Katahdin Woods and Waters National Monument. Additional Guidance.--The following additional direction and guidance is provided with respect to funding provided within this account: African-American Heritage in Appalachia.--The Committees are aware of efforts by the Park Service to work with Marshall University and regional partners to tell the story of African-American history and culture in Appalachia, including efforts to preserve and interpret significant historical sites and promote heritage tourism opportunities. The Service is encouraged to continue and expand these efforts, including working with existing National Park Service units, such as the Carter G. Woodson Home National Historical Site, to create additional preservation opportunities and to evaluate the feasibility of establishing a new heritage center. Appalachian National Scenic Trail.--The Committees recognize the cooperative partnership between the Service and the Appalachian Trail Conservancy in the management and operation of the Appalachian National Scenic Trail and accepts the proposed funding increase for the Trail included as part of the New and Critical Responsibilities initiative. The Committees are aware that the Trail is experiencing increased visitation and encourages the Service to include sufficient resources in future budget requests to meet its expanded visitor services, law enforcement, compliance, and land acquisition requirements. Blackstone River Valley National Historical Park.--The Service is expected to continue to make funds available to the local coordinating entity, consistent with funding levels provided in fiscal year 2020, in order to maintain staffing and capacity to assist in management of the park, as authorized in Public Law 113-291. The Service is directed to continue its work to complete a General Management Plan for the Park, as required by Public Law 113-291, and to prioritize activities that will advance development of the Park, including the establishment of boundaries and the acquisition of key sites as outlined in the law. The Committees believe the acquisition of Slater Mill, including its historic dam, will contribute positively to the cultural, natural, and recreational resource base of the Park. The Service shall brief the Committees on its plan to fulfill this directive within 90 days of enactment of this Act. The Committees further direct the Department of the Interior to make decisions on all documents related to the acquisition of Slater Mill no later than 30 days after the enactment of this Act. Chesapeake and Ohio Canal National Historical Park.--The Committees are concerned that the Federal Advisory Commission for the Chesapeake and Ohio Canal National Historical Park has not had a scheduled meeting since the first quarter of 2017, and the Committees expect the Commission to schedule a public meeting within 90 days of enactment of this Act and to notify the Committees once such a meeting has been scheduled. The Committees are also aware that the Service is working with the U.S. Army Corps of Engineers on a project known as the ``C&O Canal Re-Watering'' project in Cumberland, Maryland, and encourages the Service to continue these collaborative efforts as decisions are made regarding future ownership of the project. Continued Directives.--The Committees continue the directives regarding Director's Order 21, Roosevelt- Campobello International Park, and Katahdin Wood and Waters National Monument contained in Senate Report 116-123. Denali National Park Road.--The Secretary of the Interior, acting through the Director of the National Park Service, shall submit to Congress a recommendation on a long-term plan to reroute or rebuild the Denali National Park Road (Road) within 30 days of enactment of this Act. That recommendation shall include cost estimates for the options under consideration and a preferred option. With respect to the preferred option, the recommendation should also include an estimated project timeline. The Department shall continue to collaborate with the U.S. Geological Survey, Federal Highway Administration, and Army Corps of Engineers to further monitor, predict, and respond to geohazard threats along the Road. The multidisciplinary team shall continue to develop both long and short-term plans to incorporate their findings regarding geohazards into road maintenance, repair, reconstruction, and potential reroute planning. Any findings of such an evaluation shall be included in the quarterly briefings to the Committees. National and Scenic Trails.--The Committees understand the importance of providing adequate funding to develop and maintain the National Trails System for future generations to enjoy. In preparation for the National Trails System's 50- year anniversary in 2021, the Committees urge the Service to continue its efforts to support construction and maintenance projects and volunteer coordination efforts, including activities in support of non-unit National Scenic Trails. The Committees recognize the need for trail building and repair and commends the Service on its work to engage and support volunteers who contribute thousands of hours each year toward completing this work. The Committees encourage the Service to support the trail design, project planning, and volunteer coordination necessary to facilitate use of volunteer hours on non-unit National Scenic Trails. [[Page H8532]] Outreach.--The Committees continue to support the Service's continued efforts to increase outreach and work to develop partnerships and programs with Hispanic Serving Institutions and Historically Black Colleges and Universities by focusing on public-private partnerships. These collaborative efforts will allow our nationally recognized parks to disseminate critical and historically significant information, such as the National Underground Railroad collection, to the public through digital means. Semiquincentennial Commission.--The Semiquincentennial Commission is directed to provide the Committees with quarterly reports detailing spending by activity to continue to help the Committees understand the Semiquincentennial Commission's funding needs. Valles Caldera National Preserve.--The Service is expected to prioritize the replacement of the Preserve's temporary facilities in a manner appropriate to the natural setting and historical character of the area in order to adequately meet the demands of the visiting public. The Service is directed to brief the Committees within 120 days of enactment of this Act regarding future facilities options for the preserve. White Sands National Park.--The Committees note that Public Law 116-92, the National Defense Authorization Act for Fiscal Year 2020, re-designated White Sands National Monument as a National Park, and the Committees expect the Service to ensure that the park has the resources and facilities its needs to accommodate the expected increase in visitation and public interest. NATIONAL RECREATION AND PRESERVATION The bill provides $74,157,000 for national recreation and preservation, $2,991,000 above the enacted level and $40,233,000 above the budget request. The amounts recommended by the Committees compared with the budget estimates by activity are shown in the table at the end of this explanatory statement. Natural Programs.--The recommendation includes $10,699,000 for Rivers, Trails, and Conservation Assistance; and $3,000,000 for Chesapeake Bay Gateways and Watertrails. Cultural Programs.--The bill provides $1,907,000 for Native American Graves Protection and Repatriation Grants; $3,155,000 for Japanese Confinement Site Grants; and, $1,250,000 for grants to nonprofit organizations or institutions for the purpose of supporting programs for Native Hawaiian or Alaska Native culture and arts development. The agreement also includes $2,500,000 for the competitive grant program authorized by the 9/11 Memorial Act (Public Law 115-413). Heritage Partnership Programs.--The recommendation provides $23,889,000 for the Heritage Partnership Program, including $22,883,000 for Commissions and Grants, which is sufficient to provide stable funding sources for both newly authorized and existing National Heritage Areas. The directive contained in the explanatory statement that accompanied Public Law 116- 6 with regards to funding distribution is continued. HISTORIC PRESERVATION FUND The bill provides $144,300,000 for historic preservation, $25,640,000 above the enacted level and $103,628,000 above the budget request. Competitive Grants.--The recommendation provides $16,750,000 for competitive grants to document, interpret, and preserve historical sites associated with the African American Civil Rights Movement; $3,375,000 for the newly established civil rights grant program that would preserve and highlight the sites and stories associated with securing civil rights for All Americans, including women, American Latino, Native American, Asian American, Pacific Islander, Alaska Native, Native Hawaiian, and LGBTQ Americans; and, $1,000,000 for grants to under-represented communities. Paul Bruhn Historic Revitalization Grants.--The bill provides $7,500,000 for historic revitalization grants and retains the directives regarding the distribution of funding included in Senate Report 116-123. Semiquincentennial Preservation Grants.--The Committees are aware that there are many publicly owned and operated historic sites and structures that commemorate the Revolutionary War and the creation of the United States that are in need of preservation. To better prepare for the upcoming Semiquincentennial celebration and to celebrate the Nation's history, the Committees have included bill language to create a new, $10,000,000 competitive grant program within the Historic Preservation Fund to support restoration of State-owned historic sites and structures that honor and interpret the country's founding, including Revolutionary War battle and commemorative monuments. A site must be listed on the National Register of Historic Places in order to be eligible to compete for funding. The Committees are concerned by the March 1, 2019, proposal by the Service to modify the long-standing procedure used to nominate properties for inclusion on the National Register of Historic Places (84 Fed. Reg. 6996). The Committees spoke to this concern in the explanatory statement accompanying Public Law 116-94, and directed the Department to complete meaningful government-to-government consultation with Tribes pursuant to Executive Order 13175 and consult with other Federal land management agencies, State and tribal historic preservation officers, or other key stakeholders prior to finalizing or implementing the rule. The Committees are not aware of any subsequent efforts by the Department to comply and expect the Department to comply with the directive from fiscal year 2020 prior to implementation of the rule. CONSTRUCTION The bill provides $223,907,000 for construction, $165,438,000 below the enacted level and $31,258,000 above the budget request. Line-Item Construction.--Funding for line-item construction projects is provided as outlined in the table contained in House Report 116-448. Natchez Trace Bridge Barrier Coalition.--The Committees are aware of the work of the Natchez Trace Bridge Barrier Coalition and direct the Service to prioritize efforts to work with regional leadership and stakeholders to explore options for adding a barrier to the Double Arch Bridge. Special Resource Study of Thurgood Marshall School.--The Committees encourage the Secretary to continue efforts to carry out the Congressionally-authorized special resource study to evaluate the national significance of an area in West Baltimore, Maryland, that includes the school attended by Justice Thurgood Marshall, and to determine its suitability to serve as a future unit of the national park system. Fletcher's Cove.--The Committees encourage the Park Service to continue working with the Friends of Fletcher's Cove on suitable short-term and long-term solutions to address the increased sedimentation that is prohibiting access to the Potomac River. The Park Service is also encouraged to identify appropriate funding sources to implement the necessary solutions. LAND ACQUISITION AND STATE ASSISTANCE (RESCISSION OF FUNDS) The bill includes a rescission of $23,000,000 of prior year unobligated balances from funds originally made available in fiscal year 2017 and prior years. CENTENNIAL CHALLENGE The bill provides $15,000,000 for the Centennial Challenge matching grant program, equal to the enacted level and $15,000,000 above the budget request. United States Geological Survey SURVEYS, INVESTIGATIONS, AND RESEARCH The bill provides $1,315,527,000 for Surveys, Investigations, and Research of the U.S. Geological Survey (USGS, or the Survey). The Survey is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-448 unless otherwise specified below. Ecosystems.--The agreement provides $259,077,000 as outlined below. Environmental Health Program.--The agreement provides $24,745,000 for Environmental Health, which includes $10,397,000 for Contaminant Biology and $14,348,000 for Toxic Substances Hydrology. The recommendation includes no less than $2,000,000 for research on harmful algal blooms and $2,700,000 for research on the transmission of per- and polyfluoroalkyl substances (PFOA/PFAS) in watersheds and aquifers. The Survey is to continue its research as directed in House Report 116-448. Species Management Research Program.--The agreement provides $53,914,000 and recognizes the need for increased water quality and fishery health research in southern Lake Superior around unique Great Lakes archipelagos. The Survey is directed to report within 180 days of the date of enactment of this Act on how current facilities affect the scope and efficiency of this work and how it could be extended through community involvement and additional laboratory capacity, including financial estimates for facilities and personnel. The agreement includes $500,000 to continue competitively awarding grants for applied research to develop a system for integrating sensors. The expectation remains that by working with partners, such as academic institutions, small businesses, and other government research organizations to submit innovative proposals to perform complementary development of technologies, the Survey can develop a convergent platform that enables existing and future sensor technologies to be deployed in extreme environments where real-time information is required. Land Management Research Program.--The agreement provides $56,681,000 and expects work to continue at the enacted levels for other priority landscapes such as the Arctic, Puget Sound, California Bay Delta, Chesapeake, Everglades, Great Lakes, and Columbia River. Biological Threats and Invasive Species Research Program.-- The recommendation provides $38,249,000 including $3,720,000 for chronic wasting disease. In carrying out chronic wasting disease research, the Survey may consult, partner, or contract with the Animal and Plant Health Inspection Service, the National Academy of Sciences, State and Federal public and private entities, and any chronic wasting disease task forces and working groups. Collaboration should continue with partners to develop early detection tools and compounds to disrupt transmission of the disease. In particular, the recommendation encourages research and investment into carcass disposal methods to mitigate the spread of chronic wasting disease, and the Survey is urged to consult with the Environmental Protection Agency, the Federal Emergency Management Agency, Tribes, and States to develop recommendations for carcass disposal methods that are [[Page H8533]] compliant with relevant Federal clean air and water and solid waste regulations. The Survey is also encouraged to work in collaboration with the Fish and Wildlife Service to aid State and Tribal wildlife agencies in the application of existing human dimensions research to the management and prevention of chronic wasting disease. The agreement provides $500,000 for Coral disease and $10,620,000 for Asian carp research, of which $3,000,000 is for research on grass carp. The direction found in Senate Report 116-123 is continued for white nose syndrome, Asian carp, Coral disease, and invasive species research, detection, and response efforts. Climate Adaptation Science Center and Land Change Science Program.--The recommendation provides $60,488,000 of which $41,335,000 is for the National and Regional Climate Adaptation Science Centers for the purposes outlined in House Report 116-448. This funding level provides no less than $4,000,000 for the development and operation of the Midwest Climate Adaptation Science Center as provided for in Public Law 116-94. The agreement also provides $19,153,000 for Land Change Science. Cooperative Research Units Program.--Cooperative Research Units (CRUs) are funded at $25,000,000 in accordance with the specifications outlined in House Report 116-448 and the enacted level of $250,000 for moose research is continued. The agreement continues the notation regarding CRUs found in Senate Report 116-123 and CRUs are expected to coordinate with the United States Fish and Wildlife Service. Energy and Mineral Resources.--The Survey is expected to work collaboratively with State geological surveys to focus resources toward completing its core task of geologically surveying regions of the country that have high quality mineral and energy resources that remain unmapped at a useable scale, such as the Arctic mineral belt, which includes the Yukon Tanana Uplands. The Survey will consult with State geological surveys to update and conduct new evaluations of oil and gas resources in low-permeability reservoirs, as in previous years. The agreement provides $90,041,000 for Energy and Mineral Resources. Mineral Resources is funded at $59,869,000 which maintains $10,598,000 for the critical minerals Earth Mapping Resources Initiative (Earth MRI). Energy Resources is funded at $30,172,000 to continue the implementation of Secretarial Order 3352 and conduct research of the underlying geological, geophysical, and geothermal conditions of undiscovered, technically recoverable energy resources. The Survey is directed to provide a report to the Committees within 270 days of the date of enactment of this Act on potential initiatives to increase the supply of critical minerals. Such report shall examine barriers to producing, processing, recycling, stockpiling, and identifying critical minerals alternatives or substitutes, as well as examine possible obstacles for securing appropriate funding for these projects, and include ways in which the Survey and other Federal agencies can assist in mitigating such barriers. The report shall also include an assessment of the need and feasibility of creating critical minerals stockpiles and provide a list of critical minerals, and the Nation's associated dependence on the imports of such critical minerals, while examining potential domestic sources of such minerals. Natural Hazards.--The agreement provides $175,484,000 for the Natural Hazards Program, including $85,403,000 for earthquake hazards. Within this funding, $25,700,000 is included for continued development and expansion of the ShakeAlert West Coast earthquake early warning (EEW) system. The recommendation continues no less than the enacted level for the national seismic hazard map, including for expansion to Puerto Rico and the Virgin Islands, for regional networks to operate and maintain recently acquired USArray stations, for the Advanced National Seismic System (ANSS) and for regional seismic networks. In addition, the agreement continues direction in Senate Report 116-123 regarding the national seismic hazard maps. The agreement provides $30,266,000 for volcano hazards, which maintains programs at the enacted level. The recommendation includes funding necessary for the National Volcano Early Warning and Monitoring System (NVEWS), which will vastly improve, organize, and modernize volcano monitoring efforts in the United States to mitigate volcanic hazards. The recommendation includes $8,038,000 for landslide hazards which includes an additional $4,000,000 above the fiscal year 2020 enacted level to address concerns that the potential for a major landslide and subsequent tsunami exists in Prince William Sound, Alaska. The Survey is directed to conduct data collection and analysis to develop a site- specific landslide hazard assessment and recommendations to support a long-term monitoring strategy. Additionally, the Survey is directed to work with area stakeholders, the Department of Homeland Security, the National Oceanic and Atmospheric Administration, the Forest Service, and other relevant Federal, State, and local agencies to develop an emergency early warning system to alert of an impending or actual landslide that could result in a tsunami. The agreement provides $7,153,000 for the Global seismographic network; $4,114,000 for Geomagnetism; and $40,510,000 for Coastal/Marine Hazards. Water Resources.--The agreement provides $263,120,000 for Water Resources, with $64,529,000 directed to activities associated with the Cooperative Matching Funds. Water Availability and Use Science is funded at $57,987,000, which includes $6,000,000 for the Mississippi Alluvial Plain Aquifer Assessment; $1,000,000 for the U.S. Mexico transboundary aquifer assessment; $1,000,000 for research on water extraction for bottling; and $9,500,000 to develop advanced modeling, tools, state-of-the-art forecasts, and decision support systems into daily water operations at the new Hydrologic Instrumentation Facility (HIF). As water resources become increasingly scarce, sound management of groundwater requires a detailed understanding of aquifers' relationships with surface water sources. The Water Availability and Use Science Program supports research and projects that advance the goal of improving our understanding of water budget components at the national and regional level. Such research is especially important in fully appropriated basins, when water is proposed to be transferred outside of the basin. Groundwater and Streamflow Information is funded at $100,673,000 which includes $1,500,000 for implementation of a baseline strategy for transboundary rivers; $120,000 for the streamgage on the Unuk River; $1,500,000 for streamgages on certain transboundary rivers; $500,000 to install a new super gage and maintain operational capacity within the existing super-gage network along the Ohio River in basins containing unique geology, distinct soils, and a significant agricultural presence; and an additional $16,000,000 above the enacted level for the Next Generation Water Observing System at the new HIF. The recommendation supports the Survey's continued efforts in piloting the Next Generation Water Observing System (NGWOS) and encourages the Survey to partner, where appropriate, with State and local government officials and with the academic research community. The agreement supports the NGWOS pilot in the Delaware River Basin and encourages the Survey to continue to study and monitor surface water and groundwater in the lower basin of the Delaware River and to provide geologic mapping of the basin in support of the pilot through the National Geologic Mapping Program. The recommendation directs the Survey to continue to expand its streamgage monitoring of transboundary watersheds and to work with the Environmental Protection Agency to ensure the relevant equipment is deployed to the Kootenai watershed to support the Agency's work to evaluate and reduce transboundary pollution. Direction is continued to the Survey to enter into a formal partnership with local Tribes and other Federal agencies as necessary in the area to develop a water quality strategy for the transboundary rivers. The recommendation includes $93,460,000 for the National Water Quality program which includes $5,490,000 for harmful algal bloom research; $1,500,000 for urban waters; and $300,000 for Shallow and Fractured Bedrock Terrain research. Water Resources Research Institutes are funded at $11,000,000, of which $1,000,000 is for research as directed in House Report 116-448. Core Science Systems.--The agreement provides $252,688,000, which includes $25,972,000 for science, synthesis, analysis, and research. National Cooperative Geologic Mapping is funded at $40,397,000 which provides $16,000,000 for Phase Three of the National Geologic Database as outlined in House Report 116-448. The recommendation supports the continued operations of the Alaska Mapping Executive Committee and encourages 3DEP funds to be used to support implementation of the Presidential Memorandum on Ocean Mapping of the United States Exclusive Economic Zone and the Shoreline and Nearshore of Alaska. The National Geospatial program is funded at $79,454,000 which includes no less than $46,000,000 for the 3D Elevation program (3DEP) to be utilized as directed in House Report 116-448; maintains the enacted level of funding for the US Topo program to procure product-on-demand updates and to produce digital surface models using unclassified satellite optical data for the U.S. and territories not mapped with LiDAR in 2021 in collaboration with appropriate U.S. agencies; and provides no less than $7,722,000 for the Alaska mapping and map modernization initiative, which includes modernizing Alaskan hydrography, topography, and imagery datasets. It is expected that any funding awarded outside the Federal sector will undergo a competitive review process. The National Land Imaging program is funded at $106,865,000 which includes the enacted level of $84,337,000 for Satellite Operations. Science Support.--The agreement includes $95,734,000 which includes $73,787,000 for administration and management and approves the requested ethics transfer, and $21,947,000 for Information Services. Facilities.--The agreement includes $179,383,000 for facilities, deferred maintenance and capital improvement. Within these amounts, $104,719,000 is included for rental payments and operations and maintenance. The recommendation provides $74,664,000 for deferred maintenance and capital improvement which includes $55,500,000 needed for the first phase of the renovation of the National Wildlife Health Center. The agreement supports the work of the National Wildlife Health Center and its important role in zoonotic research for detecting novel pathogens and emerging infectious diseases, [[Page H8534]] developing rapid diagnostic tests, conducting disease surveillance, and designing vaccines used to control these diseases. State-of-the-art improvements to the facility at its current location should include substantial testing resources that will provide surge capacity for processing tests during pandemics, as well as dedicated space for research and emergency response capacity across Federal ``One Health'' agencies. Within the funds provided for deferred maintenance and capital improvements, the Survey is directed to obligate the funds that are necessary to meet the needs of the new HIF in fiscal year 2021. BUREAU OF OCEAN ENERGY MANAGEMENT OCEAN ENERGY MANAGEMENT (INCLUDING RESCISSION OF FUNDS) The bill provides $192,815,000 for the Ocean Energy Management appropriation, which is partially offset through the collection of rental receipts and cost recovery fees totaling $63,055,000, resulting in a net appropriation of $129,760,000. Specific allocations at the activity level are contained in the table at the back of this explanatory statement. Of the increase provided for the Marine Minerals Program, no less than $2,000,000 shall go to activities which supplement the Bureau's planned action on an inter-agency comprehensive critical mineral assessment as detailed in its Fiscal Year 2021 request. The bill also contains a rescission of $2,000,000 in unobligated prior year funds. Offshore Wind Site Identification.--The Bureau should continue to work with the Department of Energy to identify and permit a national offshore wind test site and to exchange information with the Department and the coastal States about the development of new technology related to the structural material, environmental, and design safety criteria, as well as design and performance standards of transitional depth and floating wind turbines. The Bureau is also expected to continue working with coastal States and other stakeholders to study new wind energy areas, including in shallow, transitional, and deep (over 200 feet) waters. Quarterly Reporting.--The Bureau is reminded to continue to provide quarterly reports on the status of exploration and development plans to the House and Senate Committees on Appropriations as required under the approval of the reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement. Offshore Wind Permitting.--The Committees on Appropriations remain concerned that unreliable schedules for permit processing and environmental reviews have created uncertainty for the long-term viability of offshore wind development. The bill thus provides an increase over the enacted level of $5,140,000 in the renewable energy activity to improve the Bureau's permit processing capacity. With this increase, the Bureau is directed to ensure timely permitting and a predictable regulatory environment for offshore wind development. The Committees further support rigorous stakeholder consultation and expect the Bureau to consider input from commercial and recreational fishermen, locally affected communities, and other overlapping uses and stakeholders at each stage of the leasing and development process. North Carolina Offshore Wind Leases.--According to information provided by the Bureau to the Senate Appropriations Committee, the Bureau does not anticipate lease sales will be held for offshore areas of North Carolina during fiscal year 2021. The Bureau is directed to work with local stakeholders, industry, and State task forces to address potential local concerns related to visual impacts of any proposed leasing activity in subsequent fiscal years. Marine Minerals Plan.--Within 45 days of enactment of this Act, the Bureau shall provide a briefing and plan on its marine minerals program activities for fiscal year 2021. Preleasing.--The Bureau is directed to brief the Committees on its definition of Outer Continental Shelf preleasing activities within 60 days of enactment of this Act. Bureau of Safety and Environmental Enforcement OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT (INCLUDING RESCISSION OF FUNDS) The bill provides $193,812,000 for the Offshore Safety and Environmental Enforcement appropriation. This amount is partially offset through the collection of rental receipts, cost recovery fees and inspection fees totaling $73,647,000, resulting in a net appropriation of $120,165,000. Specific allocations at the activity level are contained in the table at the back of this explanatory statement. The increase in the Operations activity is for additional safety personnel. The bill also contains a rescission of $10,000,000 in unobligated prior year funds. OIL SPILL RESEARCH The bill provides $14,899,000 for Oil Spill Research. Office of Surface Mining Reclamation and Enforcement REGULATION AND TECHNOLOGY (INCLUDING RESCISSION OF FUNDS) The bill provides $117,768,000 for the Regulation and Technology appropriation. Specific allocations at the activity level are contained in the table at the back of this explanatory statement. The bill provides the full enacted level of $68,590,000 for State and Tribal regulatory grants, ensuring each State and Tribe receives requested funding for program operations, and excess amounts, if any, subject to the Committees' reprogramming procedures. The bill also rescinds $25,000,000 of built up carryover balances that are no longer necessary. ABANDONED MINE RECLAMATION FUND (INCLUDING RESCISSION OF FUNDS) The bill provides $139,831,000 for the Abandoned Mine Reclamation Fund appropriation. Specific allocations at the activity level are contained in the table at the back of this explanatory statement. Of the funds provided, $24,831,000 is derived from the Abandoned Mine Reclamation Fund, and $115,000,000 is derived from the General Fund and shall be distributed to states consistent with the direction provided in Senate Report 116-123. The bill also includes a rescission $10,000,000 from prior year unobligated funds. INDIAN AFFAIRS Bureau of Indian Affairs OPERATION OF INDIAN PROGRAMS (INCLUDING TRANSFERS OF FUNDS) The bill provides $1,616,532,000 for Operation of Indian Programs. All programs, projects, and activities are maintained at fiscal year 2020 levels, except for requested fixed cost increases and internal transfers, or unless otherwise specified below. For this and all other Bureau accounts funded in this bill, Indian Affairs is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-448, unless otherwise specified below. Language contained in Senate Report 116-123 regarding Government Accountability Office (GAO) high risk management challenges; GAO recommendations and funding of road maintenance; funding for all Tribes with resource challenges; transboundary rivers; protecting Indian trust resources from wildfire and threats; Office of Wildland Fire; inventory of wells; GAO recommendations and barriers to resource development; and Public Law 102-477 is restated. Additional details, instructions, and requirements are included below and in the table at the end of this division. Indian Affairs is reminded of the importance of meeting reporting requirement deadlines so that the Committees can properly evaluate programs. Failure to do so could negatively impact future budgets. Tiwahe.--The bill continues the Tiwahe Initiative at fiscal year 2020 levels across all programs and activities with funding distributed in the same amounts to the same recipients, including the funding to support women and children's shelters. There is concern that Tiwahe funding was not properly documented or distributed as outlined in the Office of Inspector General report published in 2018; therefore, the Bureau of Indian Affairs (BIA) is directed to submit the final reports as directed by House Report 115-765 and Senate Report 116-123 within 90 days of enactment of this Act. The bill provides that $1,000,000 of funds provided for Assistant Secretary Support within Executive Direction and Administrative Services is not available for obligation until Indian Affairs provides the requested Tiwahe reports to the Committees. Tribal Government.--The recommendation provides $341,031,000 for Tribal government programs and includes an additional $500,000 for school bus roads in the Road Maintenance program and a total of $1,624,000 for New Tribes funding. Human Services.--The bill provides $161,226,000 for human services programs. The agreement includes $16,907,000 for the Indian Child Welfare Act, which continues $1,000,000 to implement section 202 of the Indian Child Welfare Act (25 U.S.C. 1932), and a general program increase of $2,000,000 for Welfare Assistance for a total funding level of $78,000,000. BIA is instructed to report back within 30 days of enactment of this Act on how this funding will be distributed. The Committees remain concerned about previous transfers in funding for welfare assistance, social services, and the Indian Child Welfare Act (Public Law 95-608), and direct the Bureau to brief the Committees within 30 days of enactment of this Act regarding the formula and funding allocation for these activities. Trust--Natural Resources Management.--The bill provides $258,842,000 for natural resources management programs. Within Natural Resources (TPA), $1,000,000 is provided for the Indian Youth Service Corp, authorized by section 9003 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019. In addition, funding to implement section 7 of the Elwha River Ecosystem and Fisheries Restoration Act (Public Law 102-495) has been completed and the reduction of $2,000,000 is reflected in the total. In addition, $42,811,000 is provided for Rights Protection Implementation, of which an increase of $1,000,000 over the fiscal year 2020 enacted level is for law enforcement needs for treaty sites on the Columbia River. The agreement continues funding for the Everglades and the Pacific Salmon Treaty at fiscal year 2020 levels. The Committees are aware that the Bureau is in the process of analyzing additional funding requirements needed to support the sites and implement the Columbia River In-Lieu and Treaty Fishing Access Sites Improvement Act (Public Law 116-99), and expect the Bureau to provide a report within 90 days of enactment of this Act that details [[Page H8535]] how the increased funds provided by Congress in fiscal years 2020 and 2021 were allocated and what additional resources are necessary to ensure adequate infrastructure, security, and sanitation at the sites in future fiscal years. Within the Tribal Management Development program, the bill includes an additional $200,000 to advance the understanding of salmon and steelhead habitat for a total of $830,000. Funding is continued at fiscal year 2020 enacted levels to develop Tribal buffalo herds and support related activities; and for pilot projects and programs for Alaska subsistence activities as further outlined in Senate Report 116-123. The Bureau is expected to continue pilot projects and programs for Alaska subsistence and keep the Committees apprised of changes in the distribution methodology. In addition, the agreement includes $4,208,000 for Endangered Species; $16,956,000 for Tribal Climate Resilience/Cooperative landscape conservation; $10,776,000 for Invasive Species within the Agriculture Program (TPA); a $500,000 increase for water management, planning and pre-development for a total of $9,052,000; and an additional $1,000,000 for Fish, Wildlife and Parks Projects for a total of $10,945,000. The Committees note that BIA has not yet complied with a directive included in Senate Report 116-123 to produce and make publicly available a list of Tribes that have established fishing rights and operate fish hatcheries but do not currently receive fish hatchery operations funding. The Committees expect the Bureau to transmit such list to the Committees within 60 days of enactment of this Act. The Bureau is urged to continue to work with the Tolowa Dee-Ni' Tribe and the State of California regarding a reserved fishing right. The requested move of Minerals and Mining from Community and Economic Development to Trust--Natural Resources Management is approved, however, it is expected that there will be no reduction or relocation of FTEs. The Committees are particularly concerned about coastal Tribal communities and Alaska Native Villages that face severe challenges to their long-term resilience due to climate change impacts and expect the Bureau to prioritize the needs of Tribal communities that face significant threats to public safety, sacred sites, and natural resource values, including threats to endangered or threatened species. The agreement includes $600,000 for the Assistant Secretary for Indian Affairs to continue its support for ongoing Tribal cultural resource investigations in the Chaco Canyon region of the Southwest, as instructed in the explanatory statement accompanying the Further Consolidated Appropriations Act, 2020 (Public Law 116-94). Trust--Real Estate Services.--The bill provides $140,663,000 for real estate services, of which an additional $500,000 is for Environmental Quality Projects; an additional $400,000 is for Water Rights Negotiation; and an additional $300,000 is for rights protection litigation support. Funding is continued at enacted levels with fixed costs for the Alaska Native Claims Settlement Act historical places. The Committees are concerned that recruitment and retention challenges for positions related to Trust-Real Estate Services negatively impact the ability of the Department in carrying out its duties as a Trustee for Indian trust lands and interfere with Tribal economic development opportunities. In addition to the agency-wide staffing and vacancies report, the Bureau is directed to brief the Committees within 180 days of enactment of this Act regarding pay disparities for real estate and appraisal personnel between the Bureau and other Federal agencies. The Committees are aware of ongoing process issues concerning the receipt of paperwork to the Office of Trust Services. It is the Committees' understanding that the Office of Trust Services has no standard procedure for how it receives inter-agency or external documentation via mail. The lack of procedure has resulted in the loss and re-issuance of timely transfer paperwork needed for Tribal development. Given these ongoing issues, the BIA shall report to the Committees within 90 days of enactment of this Act on the standard procedure being established to confirm receipt of paperwork received through the mail and ensure it is forwarded to the appropriate recipient. Additionally, the report shall cover any inter-agency coordination that is being updated to comply with the new procedure. Public Safety and Justice.--The bill provides $448,722,000 for public safety and justice programs. Language contained in the explanatory statement to accompany the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) regarding coordination and data collection among law enforcement is restated. Within Criminal Investigations and Police Services, an additional $2,000,000 is provided to solve Missing and Murdered Indigenous Women cold cases, an additional $1,000,000 is for background checks to hire more law enforcement officers; and an additional $500,000 is for law enforcement to implement the Native American Graves Protection and Repatriation Act (NAGPRA). The agreement includes $106,407,000 for Detention/ Corrections. The amount for this program is reduced by $2,500,000 to account for savings from unstaffed regional detention facilities but the program recommendation also includes an additional $1,000,000 to supplement fiscal year 2020 funding levels to hire additional detention/corrections staff at facilities located on Indian lands and an additional $1,000,000 to expedite background checks for detention facilities. The recommendation includes $19,783,000 for Law Enforcement Special Initiatives, of which an additional $1,000,000 is to purchase equipment to collect and preserve evidence at crime scenes throughout Indian Country; $750,000 is to increase the number of Victim Witness Specialists; and $3,020,000 is to address missing and murdered indigenous women, as requested by the Administration. The recommendation continues $2,500,000 to focus on advanced training needs to help address the crisis for missing, trafficked, and murdered indigenous women. These activities shall focus on training for detectives, forensics, and other specialized courses in an effort to provide greater access to programs for Indian Country law enforcement personnel to create safer communities. This advanced training shall not duplicate those activities at the Indian Police Academy, which continues as the central justice services training location for Tribal law enforcement, including for entry-level law enforcement officers, agents and corrections officers, and the agreement provides full funding for these programs. Within Tribal Justice Support, $3,000,000 is continued for activities to implement and ensure compliance with the Violence Against Women Act and $15,000,000 is to address the needs of Tribes affected by Public Law 93-280 and as further outlined in the Senate Report 116-123. An additional $500,000 is included for facilities operations and maintenance to supplement fiscal year 2020 funding levels for facilities located on Indian lands and an additional $2,000,000 is provided for Tribal Courts (TPA). Community and Economic Development.--The bill provides $24,472,000 for community and economic development programs, which reflects the transfer of Minerals and Mining to Trust-- Natural Resources Management, and includes $13,515,000 for Job Placement and Training (TPA) and $3,266,000 for Economic development (TPA), of which $500,000 is for business incubators, and $7,691,000 is for Community Development Central Oversight, of which an additional $500,000 is to implement the NATIVE Act and $500,000 is for the HEARTH Act. The agreement continues $3,000,000 for grants to federally recognized Indian Tribes and Tribal organizations to provide native language instruction and immersion programs to Native students not enrolled at BIE schools, including those Tribes and organizations in states without Bureau-funded schools. Executive Direction and Administrative Services.--The bill includes $241,576,000 for executive direction and administrative services, of which: $10,788,000 is for Assistant Secretary Support, which includes $400,000 to implement the PROGRESS Act. The bill also withholds $1,000,000 until the Secretary provides the requested Tiwahe reports. The Committees intend that no other programs or activities will be reduced to offset the decreased funds until the reports are provided. The agreement rejects the reduction to Labor-Related payments. CONTRACT SUPPORT COSTS The bill provides an indefinite appropriation for contract support costs, consistent with fiscal year 2020 and estimated to be $335,000,000. PAYMENTS FOR TRIBAL LEASES The bill includes language establishing an indefinite appropriation for payment of Tribal leases under section 105(l) of the Indian Self-Determination and Education Assistance Act, which are estimated to be $21,593,000 in fiscal year 2021. The new account provides additional budget authority to fully fund such costs without the need for reprogramming, if actual costs exceed the current estimate. Indian Affairs is reminded of the directive to continue to seek a longer-term solution, as contained in the explanatory statement accompanying Public Law 116-94. Further direction is provided in the bill under Title IV of this division. CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) The bill provides $128,818,000 for Construction. All programs, projects, and activities are maintained at fiscal year 2020 levels, except for requested fixed cost increases and transfers, or unless otherwise specified below. Language contained in Senate Report 116-123 regarding dam safety is restated. Public Safety and Justice Construction.--The bill provides $42,811,000 for public safety and justice construction and includes the following: $25,500,000 for facilities replacement and new construction; $4,494,000 for employee housing; $9,372,000 for facilities improvement and repair; $171,000 for fire safety coordination; and $3,274,000 for fire protection. Green Infrastructure.--With the funds provided, the agreement continues to encourage the Department to include green infrastructure as stated in the explanatory statement accompanying Public Law 116-94 and to submit a report to the Committees on Appropriations within 90 days of enactment of this Act describing how the Department incorporated these activities. The Bureau is expected to distribute funds provided in this Act to expeditiously complete construction of adult detention center projects that were previously awarded. Remaining amounts should be considered available for all public safety and justice facilities, consistent with previous direction. Direction is reiterated for the Bureau to: (1) [[Page H8536]] produce and maintain a plan to improve public safety and justice facilities in poor condition; and (2) provide a draft plan within 120 days of enactment of this Act with next steps including Tribal consultation. The Committees are aware there are many condemned facilities across the country including the Hopi, White Mountain Apache, and San Carlos Apache public safety and justice facilities. The Bureau is directed to report back within 90 days of enactment of this Act with a comprehensive list of condemned facilities that need to be replaced. Additionally, the Bureau is directed to provide a briefing to the House and Senate Committees on Appropriations on its long-term plans for the replacement of the ``Building 86'' public safety facility operated by the San Carlos Apache Tribe within 90 days of enactment of this Act. Resources Management Construction.--The bill provides $71,408,000 for resources management construction programs and includes the following: $28,706,000 for irrigation project construction, which restores funding for the Navajo Indian Irrigation Project to the fiscal year 2020 level and provides fixed costs and $10,000,000 is for projects authorized by the WIIN Act (Public Law 114-322); $2,659,000 for engineering and supervision; $1,016,000 for survey and design; $656,000 for Federal power compliance; and $38,371,000 for dam safety and maintenance. The Committees expect the funds designated for WIIN Act (Public Law 114-322) activities will be deposited into the Indian Irrigation Fund and fund those projects authorized by Public Law 114-322. The Committees are concerned about recent issues with diversion calculations and other management decisions by the Bureau of Indian Affairs and the Bureau of Reclamation which impacted Colorado River Indian Tribes' access to water resources in fiscal year 2020. The Committees expect the Bureau to improve coordination with the Bureau of Reclamation and with Colorado River Indian Tribes, and to finalize new standard operating procedures for the Colorado River Irrigation Project by no later than December 31, 2020, to ensure that the projected year-end diversions are consistent and based upon the best available data so that the Tribes may make use of their full water allocation. Other Program Construction.--The bill provides $14,599,000 for other program construction and includes $1,419,000 for telecommunications; $3,919,000 for facilities and quarters; and $9,261,000 for program management, which includes $3,281,000 to continue the project at Fort Peck. INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS The bill provides $45,644,000 for Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians, ensuring that Indian Affairs will meet the statutory deadlines of all authorized settlement agreements to date. The agreement updates the bill language to reflect those settlements that have been completed: Public Law 100-580, Public Law 101-618, Public Law 111-11, and Public Law 111- 291. The recommended level enables Indian Affairs to make a payment, in an amount to be determined by the Secretary, to the Blackfeet Settlement Trust Fund. The Department is directed to submit a spending plan to the Committees within 45 days of enactment of this Act on how it plans to allocate the funds provided by the bill for the specific settlements. INDIAN GUARANTEED LOAN PROGRAM ACCOUNT The bill provides $11,797,000 for the Indian Guaranteed Loan Program Account to facilitate business investments in Indian Country. Bureau of Indian Education OPERATION OF INDIAN EDUCATION PROGRAMS Bureau of Indian Education.--The bill includes $973,092,000 for the operation of the Bureau of Indian Education (BIE). All programs, projects, and activities are maintained at fiscal year 2020 levels, except for requested fixed cost increases and transfers, or unless otherwise specified below. For this and all other Bureau accounts funded in this bill, BIE is expected to comply with the instructions and requirements at the beginning of this division and in House Report 116-448, unless otherwise specified below. Additional details, instructions, and requirements follow below and in the table at the end of this division. Language contained in Senate Report 116-123 regarding support for BIE reforms; GAO documented management challenges; broadening access to Native languages and previous funding use; data collection on student absences; integrating school-based preventative health services; and compliance with education laws is restated. Tribal grant support costs are funded at current estimates. Within education program enhancements, a total of $4,000,000 is included for Native language immersion grants at BIE- funded schools; $21,000,000 is included for Early Child and Family Development programs; $5,000,000 is included for Tribal Education Departments, and an additional $500,000 is included for Student Transportation. An additional $6,000,000 general program increase is included for the ISEP Formula Funds. Post-secondary programs (forward-funded) are provided with $110,919,000. The Committees are concerned that the failure to request adequate resources to cover full fixed cost requirements, including funds to meet the legal requirement to compensate teachers and counselors at a pay rate that is consistent with the Defense Department Overseas Teachers Pay and Personnel Act (Public Law 86-91), have resulted in schools having to absorb these escalating costs at the expense of other program requirements. The agreement directs the Bureau to produce the report directed by House Report 116-448 regarding the implementation of Defense Department-equivalent pay rates by no later than 120 days from enactment of this Act. The Bureau is also directed to clearly display funding amounts required to comply with Defense Department-equivalent pay rates as part of future budget justifications and to include sufficient funding in its budget request to fully fund these requirements. Elementary/Secondary Programs.--The bill includes $153,477,000 for Elementary/Secondary Programs, which maintains Facilities Operations at the enacted levels, including fixed costs, and accounts for the transfer of funds to pay for 105(l) leases through a new indefinite appropriations account. An additional $50,000 is included for Juvenile Detention Education and an additional $1,000,000 is provided for the Johnson O'Malley program, which also maintains $2,500,000 in funds provided in previous fiscal years for capacity building. Education Management.--The agreement includes $48,300,000 for Education Management, which includes an additional $5,000,000 for Education IT. The importance of bringing broadband to BIE-funded schools is understood but concerns remain about how these funds are used and the planning process used for this type of investment. The agency is directed to report back within 90 days of enactment of this Act on a scalable plan to increase bandwidth in BIE-funded schools, procure computers, and acquire software. This report should also include how the Bureau is working with other Federal agencies to coordinate and plan for the technology buildout. EDUCATION CONSTRUCTION Education Construction.--The bill provides $264,277,000 for schools and related facilities within the BIE system and includes the following: $115,504,000 for replacement school campus construction; $23,935,000 for replacement facility construction; $13,581,000 for employee housing repair; and $95,257,000 for facilities improvement and repair. Funding is provided for replacement/new employee housing, as requested, and $15,000,000 is provided for Tribal colleges and universities' facilities requirements. The Committees recognize that many Tribal colleges and universities (TCUs) have significant unfunded needs and direct BIE and the Assistant Secretary, Indian Affairs (ASIA) to work with Tribal leaders and other stakeholders to develop a consistent methodology for determining TCU operating and maintenance needs to inform future budget requests. The Committees previously directed BIE to develop a methodology regarding TCU operating and facility needs. The Committees again direct BIE and ASIA to assess TCU facility needs and to develop a distribution methodology to address these needs. The Committees also direct the BIE to report back within 60 days of enactment of this Act on how it conducts student counts at TCUs and how funding is provided to address facilities operation, maintenance, and construction needs. Green Infrastructure.--With the funds provided, the agreement continues to encourage the Department to include green infrastructure as stated in the explanatory statement accompanying Public Law 116-94 and to submit a report to the Committees on Appropriations within 90 days of enactment of this Act describing how the Department incorporated these activities. Education Construction Site Assessment and Capital Investment Program.--The Committees recognize the efforts of Indian Affairs and the Bureau of Indian Education to develop and communicate to Tribes a comprehensive, system-wide approach to school repair and replacement, as the Committees have directed the agencies to do since the fiscal year 2015 appropriation, which should include a clearly identified list of prioritized projects to be accomplished with annual discretionary and mandatory appropriations. The agencies are encouraged to continue working with Tribes to develop and refine the program and are directed to provide feedback to Tribes throughout the process, consistent with d