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:

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[[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 CO2 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]]

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     [GRAPHIC] [TIFF OMITTED] TH21DE20.325
     


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     [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.

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       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:

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       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:

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       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.

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     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:

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       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.

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[[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.

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[[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.''

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[[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.

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   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

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     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

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     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