Explanatory Statement Submitted (Cong. Rec., Dec. 21, 2020)
Summary
The 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, the Consolidated Appropriations Act, 2021, in the Congressional Record, Volume 166, No. 218, Book III, for Monday, December 21, 2020. The statement lists the divisions of the Act, including Division A, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, Division BB, Private Health Insurance and Public Health Provisions, and Division EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020. It says the Act includes the 12 regular appropriations bills for fiscal year 2021 and supplemental appropriations for coronavirus response and relief, and explains the Act's sections and the congressional directives for Division A.
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“Explanatory Statement Submitted (Cong. Rec., Dec. 21, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-21-crec-2020-12-21-pt3-pgh7879-2-e6681b455d/
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Congressional Record
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116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, MONDAY, DECEMBER 21, 2020 No. 218—Book III
House of Representatives
EXPLANATORY STATEMENT SUB- ∑ Division O—Extensions and Technical or OCO/GWOT amounts and transmitting
MITTED BY MRS. LOWEY, CHAIR- Corrections such designations to Congress.
WOMAN OF THE HOUSE COM- ∑ Division P—National Bio and Agro-De- Section 7 of the Act relates to the cost of
fense Facility Act of 2020 living adjustments for Members of Congress.
MITTEE ON APPROPRIATIONS, ∑ Division Q—Financial Services Provi- Section 8 of the Act specifies the definition
REGARDING THE HOUSE AMEND- sions and Intellectual Property for the term ‘‘coronavirus’’.
MENT TO THE SENATE AMEND- ∑ Division R—Protecting Our Infrastruc- Section 9 of the Act makes technical ad-
MENT TO H.R. 133, CONSOLI- ture of Pipelines and Enhancing Safety Act justments to certain reporting requirements.
DATED APPROPRIATIONS ACT, of 2020 The Act does not contain any congres-
2021 ∑ Division S—Innovation for the Environ- sional earmarks, limited tax benefits, or lim-
ment ited tariff benefits as defined by clause 9 of
The following is an explanation of ∑ Division T—Smithsonian American rule XXI of the Rules of the House of Rep-
the Consolidated Appropriations Act, Women’s History Museum Act and National resentatives.
2021. Museum of the American Latino DIVISION A—AGRICULTURE, RURAL DE-
This Act includes the 12 regular appropria- ∑ Division U—Homeland Security and Gov- VELOPMENT, FOOD AND DRUG ADMINIS-
tions bills for fiscal year 2021, supplemental ernmental Affairs Provisions TRATION, AND RELATED AGENCIES AP-
appropriations for coronavirus response and ∑ Division V—Aircraft Certification, Safe- PROPRIATIONS ACT, 2021
relief, and other matter. The divisions con- ty, and Accountability CONGRESSIONAL DIRECTIVES
tained in the Act are as follows: ∑ Division W—Intelligence Authorization
Act for Fiscal Year 2021 The explanatory statement accompanying
∑ Division A—Agriculture, Rural Develop- this division is approved and indicates con-
∑ Division X—Supporting Foster Youth
ment, Food and Drug Administration, and gressional intent. Unless otherwise noted,
and Families Through the Pandemic
Related Agencies Appropriations Act, 2021 the language set forth in House Report 116–
∑ Division Y—American Miner Benefits
∑ Division B—Commerce, Justice, Science, 446 carries the same weight as language in-
Improvement
and Related Agencies Appropriations Act, cluded in this explanatory statement and
∑ Division Z—Energy Act of 2020
2021 ∑ Division AA—Water Resources Develop- should be complied with unless specifically
∑ Division C—Department of Defense Ap- ment Act of 2020 addressed to the contrary in this explana-
propriations Act, 2021 ∑ Division BB—Private Health Insurance tory statement. While some language is re-
∑ Division D—Energy and Water Develop- and Public Health Provisions peated for emphasis, it is not intended to ne-
ment and Related Agencies Appropriations ∑ Division CC—Health Extenders gate the language referred to above unless
Act, 2021 ∑ Division DD—Montana Water Rights expressly provided herein.
∑ Division E—Financial Services and Gen- Protection Act In cases in which the House or this explan-
eral Government Appropriations Act, 2021 ∑ Division EE—Taxpayer Certainty and atory statement has directed the submission
∑ Division F—Department of Homeland Se- Disaster Tax Relief Act of 2020 of a report, such report is to be submitted to
curity Appropriations Act, 2021 ∑ Division FF—Other Matter both the House and Senate Committees on
∑ Division G—Department of the Interior, Section 1 of the Act is the short title of the Appropriations no later than 60 days after
Environment, and Related Agencies Appro- bill. enactment of this Act, unless otherwise di-
priations Act, 2021 Section 2 of the Act displays a table of con- rected.
∑ Division H—Departments of Labor, tents. Hereafter, in division A of this statement,
Health and Human Services, and Education, Section 3 of the Act states that, unless ex- the term ‘the Committees’ refers to the Com-
and Related Agencies Appropriations Act, pressly provided otherwise, any reference to mittees on Appropriations of the House of
2021 ‘‘this Act’’ contained in any division shall be Representatives and the Senate.
∑ Division I—Legislative Branch Appro- treated as referring only to the provisions of For the appropriations provided by this
priations Act, 2021 that division. Act and previous Acts, the departments and
∑ Division J—Military Construction, Vet- Section 4 of the Act states that this ex- agencies funded by this agreement are re-
erans Affairs, and Related Agencies Appro- planatory statement shall have the same ef- minded that the Committees use the defini-
priations Act, 2021 fect with respect to the allocation of funds tions for transfer, reprogramming, and pro-
∑ Division K—Department of State, For- and implementation of this legislation as if gram, project, and activity as defined by the
eign Operations, and Related Programs Ap- it were a joint explanatory statement of a Government Accountability Office (GAO) in
propriations Act, 2021 committee of conference. GAO–04–261SP Appropriations Law—Vol. I
∑ Division L—Transportation, Housing and Section 5 of the Act provides a statement and GAO–05–734SP Budget Glossary.
Urban Development, and Related Agencies of appropriations. A transfer is the shifting of funds between
Appropriations Act, 2021 Section 6 of the Act states that each appropriations. It applies to (1) transfers
∑ Division M—Coronavirus Response and amount designated by Congress as being for from one agency to another, (2) transfers
Relief Supplemental Appropriations Act, emergency requirements or for Overseas from one account to another within the same
2021 Contingency Operations/Global War on Ter- agency, and (3) transfers to an interagency
∑ Division N—Additional Coronavirus Re- rorism (OCO/GWOT) is contingent on the or intra-agency working fund. In each in-
sponse and Relief President so designating all such emergency stance, statutory authority is required.
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
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Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
H7879
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H7880 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Reprogramming is the utilization of funds TITLE I funding available, the timeline thereof, tar-
in an appropriation account for purposes AGRICULTURAL PROGRAMS geted beneficiaries, and expected results.
other than those contemplated at the time of The agreement understands that complex
PROCESSING, RESEARCH AND MARKETING problems affecting the health of humans,
appropriation. It is the shifting of funds from
one object to another within an appropria- OFFICE OF THE SECRETARY animals, and the environment are best
tion. (INCLUDING TRANSFERS OF FUNDS) solved through improved communication, co-
The agreement provides $46,998,000 for the operation, and collaborations. Within 120
A program, project, or activity (PPA) is an days of enactment, the Secretary shall sub-
element within a budget account. PPAs are Office of the Secretary. This includes an in-
crease of $500,000 for the Outreach and As- mit a report to the Committees detailing ex-
identified by reference to include the most isting collaborative efforts between FDA,
specific level of budget items identified in sistance for Socially Disadvantaged Farmers
USDA, and other agencies to prevent and re-
the Agriculture, Rural Development, Food and Ranchers and Veteran Farmers and
spond to zoonotic disease outbreaks in ani-
and Drug Administration, and Related Agen- Ranchers program. The agreement provides
mals and humans. The report may include,
cies Act, 2021, accompanying Committee re- $1,000,000 for the Office of Tribal Relations.
but is not limited to, competitive research
USDA is directed to provide a report on
ports, explanatory statements, and budget grant programs; training and support for sci-
January 4, 2021 and May 18, 2021, on planned
justifications. Program activity structures entists, first responders, or medical per-
uses of funding under the authorities of Sec-
are intended to provide a meaningful rep- sonnel; engagement of nongovernmental en-
tion 4 and Section 11 of the CCC Charter Act.
resentation of the operations financed by a tities; and participation in international col-
The agreement does not include language
specific budget account by project, activity, laboration and research to assist in estab-
related to symposia. lishing a One Health program.
or organization. There is concern that without consultation Beginning with the fiscal year 2021 spend-
For fiscal year 2021, the Committees con- with or approval from the Committees, the ing plans, USDA is directed to include for
tinue to include bill language requiring ad- Department changed the format of the Ex- each program, project, or activity: (1) a com-
vanced notification of certain agency ac- planatory Notes for the fiscal year 2021 budg- parison between the congressional budget
tions. Notification will be required at least et request. For fiscal year 2022 and future justification funding levels, the most recent
30 days in advance of any action if (1) a years, the Department is directed to present congressional directives or approved funding
major capital investment is modified; (2) an Explanatory Notes in a format consistent levels, and the funding levels proposed by the
office is realigned or reorganized; and (3) ac- with the presentation used for the fiscal year department or agency; and (2) a clear, con-
tivities are carried out that were not de- 2020 Budget, with similar display and nar- cise, and informative description/justifica-
scribed in the budget request. rative and table of contents. The Explana- tion. USDA is reminded of notification re-
tory Notes should also put the accounts in quirements, also included in Title VII, for all
The agreement directs the Office of Budget
the same order as the accounts in the bill. applicable changes.
and Program Analysis (OBPA) of the U.S.
Any deviations from that format are to be The agreement is aware of 57 outstanding
Department of Agriculture (USDA) to pro-
approved in advance by the Committees. The reports overdue to the Committees from
vide an organizational chart for each agency Department is strongly encouraged to im- prior fiscal years. The Department is di-
funded by this Act to the division and sub- prove the quality of its budget justifications. rected to include in its fiscal year 2022 Con-
division level, as appropriate, by February 1, The agreement is aware of concerns that gressional Justification, as a single exhibit,
2021. The agreement also directs the Food the interim final rule entitled ‘‘Establish- a table listing all deliverables, with a col-
and Drug Administration (FDA) and the ment of a Domestic Hemp Production Pro- umn for due date if applicable. The agree-
Farm Credit Administration (FCA) to pro- gram’’ published by the Department in the ment further directs the Department,
vide an organizational chart of each agency Federal Register on October 31, 2019 (84 Fed. through OBPA, to provide an update on all
respectively to the division and subdivision Reg. 58522) may create compliance chal- overdue reports and provide monthly updates
level, as appropriate, by February 1, 2021. lenges for the regulated community by using thereafter.
Further, USDA and FDA should be mindful sampling and testing protocols that require The Secretary is directed to provide a re-
of Congressional authority to determine and too short a timeframe between testing and port, no later than March 1, 2021, on specific
set final funding levels for fiscal year 2022. harvest, failing to provide a lack of alter- agency authorities and activities that could
Therefore, the agencies should not pre- native to the use of Drug Enforcement Ad- contribute to more robust solar power gen-
suppose program funding outcomes and pre- ministration registered laboratories, requir- eration in rural areas, associated economic
maturely initiate action to redirect staffing ing the conversion of THCA into delta–9 benefits for landowners and rural commu-
prior to knowing final outcomes on fiscal THC, requiring a sampling of only flowering nities, and land use implications including
year 2022 program funding. The agreement tops, and establishing an inflexible neg- wildlife habitat and soil and water quality.
directs OBPA to provide the Committees ligence threshold of 0.5 percent. The agree- The Secretary should also outline opportuni-
with the number of staff years and employ- ment directs USDA to ensure that any final ties for collaboration with the Department
rule is based on science, is in accordance of Energy on this strategy.
ees on board for each agency funded by this
with underlying law, and will ensure a fair The agreement recognizes the recent en-
Act on a monthly basis. actment of a domestic ban on the slaughter,
and reasonable regulatory framework for
The agreement notes that the explanatory commercial hemp production in the United transportation, possession, purchase, and
statement accompanying the Commerce, States. In addition, the agreement encour- sale of dogs and cats for human consump-
Justice, Science, and Related Agencies Ap- ages the Secretary to utilize the current re- tion. The agreement urges the Secretary to
propriations Act, 2021 directs the Attorney search at the Agricultural Research Service work to move forward with an international
General to ensure implementation of evi- and the Land-Grant Universities partnering agreement to ban the trade of dog and cat
dence-based training programs on de-esca- meat worldwide.
with the National Institute of Food and Ag-
lation and the use-of-force, as well as on po- The agreement is aware of informal col-
riculture to guide the hemp sampling and
lice-community relations, that are broadly laborations among USDA agencies and
testing protocols. State, local, and territorial governments in
applicable and scalable to all Federal law en- In addition, the USDA shall develop regu-
forcement agencies. The agreement further the insular Pacific to combat invasive spe-
lations, within existing authority, that pro- cies, protect local ecologies, and prevent the
notes that several agencies funded by this tect the transportation, processing, sale, or
Act employ Federal law enforcement officers introduction of additional invasive pests to
use of hemp and in-process hemp extract, the U.S. mainland. The agreement urges the
and are Federal Law Enforcement Training that may temporarily exceed a delta–9 THC
Centers partner organizations. The agree- Secretary to move forward with formal
concentration of 0.3%, including in-process memoranda of agreements.
ment directs such agencies to consult with hemp extract that was: (1) produced from The agreement encourages the Secretary
the Attorney General regarding the imple- hemp that meets the definition of hemp to study the usage and impacts of energy and
mentation of these programs for their law under 7 U.S.C. § 1639o; (2) cultivated in ac- water in hemp cultivation and controlled en-
enforcement officers. The agreement further cordance with subtitle G of the Agricultural vironment agriculture and to make rec-
directs such agencies to brief the Commit- Marketing Act of 1946 [7 U.S.C. 1639o et seq.] ommendations on best practices and stand-
tees on Appropriations on their efforts relat- (as added by section 10113 of the Agriculture ards in both sectors.
ing to such implementation no later than 90 Improvement Act of 2018) or section 7606 of The agreement recognizes the importance
days after consultation with the Attorney the Agricultural Act of 2014 [7 U.S.C. 5940]; of the temporary agricultural workers pro-
General. In addition, the agreement directs (3) not packaged as a finished product; and gram in supporting U.S. agriculture and
such agencies, to the extent that they are (4) not sold or offered for sale as a finished maintaining our food supply and urges the
not already participating, to consult with product to consumers. Secretary to coordinate with other relevant
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the Attorney General and the Director of the No later than 60 days after enactment, the Departments to provide additional flexibili-
FBI regarding participation in the National Department is directed to submit an execu- ties to consulates and those involved with
Use-of-Force Data Collection. The agreement tion strategy for each new initiative funded processing visas in a manner that protects
further directs such agencies to brief the in this Act and to submit quarterly reports public health while ensuring the visa appli-
Committees on Appropriations, no later than on each initiative until it is fully imple- cation process moves forward.
90 days after enactment of this Act, on their mented. This strategy should include, but is The agreement encourages agencies to dis-
current efforts to so participate. not limited to, the steps necessary to make close costs associated with analyses required
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7881
by the National Environmental Policy Act AGRICULTURE BUILDINGS AND FACILITIES agricultural commodities and believes that
(Public Law 91–190). (INCLUDING TRANSFERS OF FUNDS) producers and markets would benefit from
The agreement is concerned about unfair having access to additional data on the coun-
The agreement provides $108,124,000 for Ag-
wheat grading practices that negatively af- try of destination or origin of those commod-
riculture Buildings and Facilities. The De-
fect American wheat growers that export to ities. The agreement directs ERS to report
partment is urged to use the Non-recurring
Canada. Current Canadian grading automati- on a quarterly basis the top five agricultural
Expense Fund for any additional needs. The
cally downgrades American wheat to the commodity exports and imports by State and
agreement supports the One Neighborhood
lowest quality designation while the U.S. to identify the country of destination or ori-
initiative for which a large increase was re-
grading system provides a fair examination gin of those commodities.
quested. However, the budget justification
for wheat imported from Canada. The agree- The agreement maintains funding provided
did not provide sufficient justification to
ment believes this discrepancy needs to be in fiscal year 2020 for ERS to expand its cur-
fund it in full.
addressed to ensure U.S wheat growers are rent feed cost components surveys nation-
being treated fairly. HAZARDOUS MATERIALS MANAGEMENT ally.
The agreement understands the impor- (INCLUDING TRANSFERS OF FUNDS) The agreement notes that the organic in-
tance of the Hatch Act and the responsibility The agreement provides $6,514,000 for Haz- dustry has grown at a tremendous rate over
of federal employees to refrain from engag- ardous Materials Management. the past several years and accurate data for
ing in political activities while they are on OFFICE OF SAFETY, SECURITY, AND the production, pricing, and marketing of or-
the job. The agreement expects the Depart- PROTECTION ganic products is essential. The agreement
ment to ensure that all employees are re- encourages ERS to continue and expand the
The agreement provides $23,218,000 for the
minded of their obligations under the Hatch efforts relating to organic data analysis.
Office of Safety, Security, and Protection.
Act, 5 U.S.C. 7323(a) and 7324(a), and any im- The agreement recognizes that a lack of
plications of violations thereto. OFFICE OF INSPECTOR GENERAL job opportunities in some rural areas is caus-
The following table reflects the agreement: The agreement provides $99,912,000 for the ing more workers to commute greater dis-
Office of Inspector General, including an in- tances to urban areas from rural areas, but
OFFICE OF THE SECRETARY crease of $500,000 to address illegal animal this increased commuting does not represent
(Dollars in thousands) fighting. an increase in access to services for rural
OFFICE OF THE GENERAL COUNSEL residents. Therefore, the agreement encour-
Office of the Secretary ............................................................... $5,101 ages ERS to continue to coordinate its re-
The agreement provides $45,390,000 for the
Office of Homeland Security ...................................................... 1,324 search work with the Federal Office of Rural
Office of Partnerships and Public Engagement ........................ 7,002 Office of the General Counsel.
Office of Assistant Secretary for Administration ...................... 881 OFFICE OF ETHICS Health Policy to identify clear, consistent,
Departmental Administration ..................................................... 21,440 and data-driven methods for accurately de-
The agreement provides $4,184,000 for the fining rural areas in the United States.
Office of Assistant Secretary for Congressional Relations and
Office of Ethics.
Intergovernmental Affairs ...................................................... 3,908 NATIONAL AGRICULTURAL STATISTICS SERVICE
Office of Communications ......................................................... 7,342 OFFICE OF THE UNDER SECRETARY FOR
RESEARCH, EDUCATION, AND ECONOMICS For the National Agricultural Statistics
Total, Office of the Secretary ........................................... $46,998 Service (NASS), the agreement provides an
The agreement provides $809,000 for the Of-
appropriation of $183,921,000, of which
fice of the Under Secretary for Research,
EXECUTIVE OPERATIONS $46,300,000 is for the Census of Agriculture.
Education, and Economics.
OFFICE OF THE CHIEF ECONOMIST The agreement includes an increase of
The agreement notes that Section 7132 of
$500,000 for NASS to coordinate with AMS to
The agreement provides $24,192,000 for the the 2018 Farm Bill directed the Office of the
expand organic price reporting and data col-
Office of the Chief Economist, including an Chief Scientist to complete a strategic plan
lection and an increase of $500,000 to com-
increase of $500,000 for the U.S. Drought for the Agriculture Advanced Research and
plete the Floriculture Crops Report. In com-
Monitor. Development Authority (AGARDA) that
The agreement provides $8,000,000 for pol- piling the report, NASS shall include data
demonstrates USDA’s vision for AGARDA.
icy research under 7 U.S.C. 3155 for entities from Alaska.
The agreement directs USDA to complete
with existing institutional capacity to con- The agreement does not accept any pro-
this strategic plan not later than 180 days
duct complex economic and policy analysis posed eliminations or reductions of ongoing
after the enactment of this Act. The plan
and which have a lengthy and well-docu- activities, including Acreage, Crop Produc-
should include a discussion of how AGARDA
mented record of conducting policy analysis tion and Grain Stocks; Barley acreage and
can work in collaboration with ongoing re-
for the benefit of USDA, the Congressional production estimates; the Bee and Honey
search programs operating in ARS and
Budget Office, or the Congress. Of the Program; the Chemical Use Data Series, in-
NIFA.
amount provided for policy research activi- The agreement notes statements made by cluding the collection of Fruit Chemical Use
ties, $3,000,000 is provided for the Department the Department acknowledging the eligi- data and Vegetable Chemical Use data in al-
to focus efforts on entities that have devel- bility of researchers participating in hemp ternating years; the Floriculture Crops Re-
oped models, databases, and staff necessary pilot programs, as defined by Section 7606 of port; and Fruit and Vegetable Reports, in-
to conduct in-depth analyses of impacts of the Agricultural Act of 2014 (Public Law 113– cluding in-season forecasts for non-citrus
agriculture or rural development policy pro- 79). The agreement directs the Department fruit and tree nut crops such as pecans. The
posals on rural communities, farmers, agri- to work with and inform stakeholders of this funding provided will allow NASS to resume
business, taxpayers, and consumers. The De- eligibility and to support hemp research, as or begin completion of these reports at the
partment is encouraged to fund regional and authorized by Section 7606 of the Agricul- frequency levels assumed in fiscal year 2020.
State-level baseline projections in addition tural Act of 2014 (Public Law 113–79) and Sub- NASS is directed to resume all of these re-
to currently available national and inter- title G of the Agricultural Marketing Act of ports immediately upon enactment of this
national outlooks. 1946 (7 U.S.C. 1621–1627, 1635–1638). Act.
OFFICE OF HEARINGS AND APPEALS The agreement directs the Secretary to AGRICULTURAL RESEARCH SERVICE
The agreement provides $15,394,000 for the prioritize research and work on pollinator SALARIES AND EXPENSES
Office of Hearings and Appeals. health and to continue to gather data on an The agreement provides $1,491,784,000 for
annual basis with respect to the losses of the Agricultural Research Service (ARS),
OFFICE OF BUDGET AND PROGRAM ANALYSIS
such colonies, rising input costs, and polli- Salaries and Expenses.
The agreement provides $9,629,000 for the nators’ overall economic value to the food
Office of Budget and Program Analysis. The agreement does not accept the Presi-
economy. dent’s budget request regarding the termi-
OFFICE OF THE CHIEF INFORMATION OFFICER The agreement recognizes the important nation of research programs, redirections of
The agreement provides $66,814,000 for the role silvopasture farming has in stimulating research programs, or closure of research lo-
Office of the Chief Information Officer, in- farmer income, local water retention, carbon cations. The agreement expects extramural
cluding $56,000,000 for cybersecurity activi- sequestration, improved animal welfare con- and intramural research to be funded at no
ties. ditions, and decreased erosion. The Sec- less than the fiscal year 2020 levels, including
OFFICE OF THE CHIEF FINANCIAL OFFICER retary is encouraged to prioritize funding for but not limited to agricultural genomics, al-
silvopasture research and education. The ternative technologies for animal waste uti-
The agreement provides $6,109,000 for the agreement directs the Secretary to submit a
Office of the Chief Financial Officer. lization, aquaculture seedstock, blueberry
report to the Committees, within 180 days of breeding, center for pollinator health, con-
OFFICE OF THE ASSISTANT SECRETARY FOR enactment of this Act, evaluating the impact
CIVIL RIGHTS tagious bovine pleuropneumonia, cotton blue
of current educational outreach on farmer
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disease, cotton ginning, cover crops research
The agreement provides $908,000 for the Of- utilization of silvopasture practices. and outreach, feed enhancement, floriculture
fice of the Assistant Secretary for Civil ECONOMIC RESEARCH SERVICE and nursery research, foodborne pathogens,
Rights.
The agreement provides $85,476,000 for the forest products, fruit fly and exotic pest con-
OFFICE OF CIVIL RIGHTS Economic Research Service (ERS). trol, genomes to fields, high performance
The agreement provides $22,789,000 for the The agreement recognizes the economic computing, harmful algal bloom, hops re-
Office of Civil Rights. importance of international trade for U.S. search, macadamia tree health, pear genetics
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H7882 CONGRESSIONAL RECORD — HOUSE December 21, 2020
and genomics, pollinator recovery, plore entering into agreements with the Dis- year plan to guide capital asset and con-
postharvest dairy research, potato research, trict of Columbia and private sector partners struction decisions for new agricultural re-
poultry production technology development, to fulfill these public access improvements. search facilities focused on regionally and
poultry research, precision viticulture, pre- The agreement directs ARS to continue its nationally important research topics, includ-
dictive modeling tools, resilient dryland Atlantic salmon breeding and domestication ing plant breeding and genetics research and
farming, shrimp production research, small work. The agreement also notes that the plant germplasm preservation.
farm orchard unit, small grains genomics, current ARS Atlantic salmon breeding pro- NATIONAL INSTITUTE OF FOOD AND
soft white wheat falling numbers test, sor- gram lacks a geneticist and supports efforts AGRICULTURE
ghum genetic database, sudden oak death, by the Department to address this need.
tree fruit post-harvest research, U.S. Wheat The agreement understands the budget re- RESEARCH AND EDUCATION ACTIVITIES
and Barley Scab Initiative, warmwater aqua- quest proposes to close ARS laboratories The agreement provides $992,642,000 for the
culture, and wheat and sorghum research. across the country and does not support this National Institute of Food and Agriculture
The agreement provides funding increases proposal. The agreement directs ARS to (NIFA), Research and Education Activities.
for activated foods, advancing the efficiency fully staff laboratories even if the laboratory The agreement recognizes the value of
of forage-based beef production, alfalfa, an- is proposed to be closed in the budget re- leading public and land-grant universities
cient crops, animal health and agro-/bio-de- quest. with unique high-throughput phenotyping
fense, aquaponics system development, bar- The agreement strongly encourages ARS and greenhouse facilities and expertise for
ley pests, bee genomic sequencing, to maintain its focus on agriculture-related plant science innovation, root and rhizome
cercospora leaf spot disease, chronic wasting legal issues within the National Agricultural innovation, and food for health. The agree-
disease, contamination and sanitation in- Library. Agricultural-related legal issues are ment provides funding for the Genome to
spection tools, cover crops and cereal grain increasingly complex and the impact of Phenome program and encourages NIFA to
variety, cranberry research, crops and soils these legal issues continues to broaden in support the development of tools and
research, dietary manipulation to improve scope. The agreement provides no less than datasets that can be used across multiple
gut health in broilers, East Coast shellfish the fiscal year 2020 level for the National Ag- crop species to develop advanced genome en-
research, fertilizer innovation research, food ricultural Library to support the Agricul- gineering tools for integrated optimization
systems, fruit fly and exotic pest control, ge- tural Law Information Partnership. The of crop yield and livestock feed for improved
netic oat research, healthy soils, hemp agreement does not concur with any reduc- animal reproduction and nutrition and to
germplasm, hemp production systems, horti- tions in administration budget requests and mitigate environmental impacts from crop
cultural trade, human nutrition research, encourages ARS and the National Agricul- and livestock production. The agreement di-
livestock genetic research, Missouri River tural Library to engage in multi-year coop- rects NIFA to use a competitive process to
Basin water resource management, National erative agreements with the Agricultural issue awards and urges additional focus on
Bio- and Agro-Defense Facility (NBAF), Pa- Law Information Partnership’s partner insti- root stocks that increase carbon capture and
cific Coast shellfish genetics and breeding, tutions. can support grain crop covers.
peanut research, pecan genetics, pecan proc- The agreement encourages ARS to provide The agreement is concerned with the insuf-
essing research, precision aquaculture, pulse direct, place-based assistance to 1862 Institu- ficient progress made in the Agriculture and
crop quality, pulse health, rangeland preci- tions in States that do not have ARS facili- Food Research Initiative (AFRI) to address
sion livestock management, rangeland re- ties to address the research priorities of such conventional plant and animal breeding that
search, regional climate hubs, sclerotinia, States and directs ARS to submit a report on can provide farmers with greater access to
small fruits, soil carbon research, sugar beet the prospective options of such assistance. locally and regionally adapted cultivars. The
research, sugarcane variety, sustainable The agreement is concerned about the agreement directs the agency to make re-
aquaculture, sustainable water use, un- threats invasive pests pose to the Pacific re- gionally adapted, publicly held cultivar de-
manned aerial systems precision agriculture gion, notably to agriculture, the economy, velopment a distinct funding priority within
applications, whitefly, and wildfire smoke environment, human health, and national se- AFRI for fiscal year 2021 and directs the
taint. curity. The agreement directs ARS to work agency to take steps to improve its tracking
The agreement recognizes the importance with stakeholders, including holding a public of public cultivar projects within AFRI.
of 1890s Land Grant Institutions and the col- meeting, in the Pacific region to assess op- NIFA is directed to submit a report to the
laborative relationships that have developed tions for combatting invasive pests. Options Committees that describes the progress in
with ARS research facilities over the years. may include invasive pest biocontrol re- meeting these two goals. In addition, the
The agreement directs ARS to explore ex- search and development facilities, including agreement notes that research that improves
panding partnerships with 1890s Land Grant appropriate containment and rearing facili- fertilizer use efficiency in crops is eligible
Institutions on ongoing and new research to ties. for the AFRI program and encourages the
ensure future beneficial collaborations. The Department is urged to use the Non- Department to further address this impor-
The agreement directs ARS to ensure that recurring Expense Fund for any additional tant issue.
each of its facilities housing animals is ad- NBAF needs. The agreement provides funding to support
hering to the Animal Welfare Act at all
BUILDINGS AND FACILITIES research for alfalfa and forage to improve
times and to submit quarterly reports that
The agreement provides $35,700,000 for ARS yields, conserve water, create new uses, and
include both all violations found by the Ani-
Buildings and Facilities. for other research areas holding the poten-
mal and Plant Health Inspection Service
The agreement notes the importance of tial to advance the alfalfa seed and alfalfa
(APHIS) during that quarter and the specific
ARS laboratories and the need for continued forage industry.
actions that will be taken to prevent their
improvement. The agreement directs ARS to The agreement encourages NIFA to sup-
recurrence.
Cattle fever ticks pose a significant health evaluate its capital asset requirements for port research on algae and algae applications
threat to U.S. cattle and other species across necessary coordination with ongoing and in agriculture, including new technologies
the entire Southern region of the United emerging research opportunities. As part of and commercial markets for renewable and
States. The agreement encourages ARS to this evaluation, ARS should provide oppor- sustainable products derived from algae.
develop safe and effective compounds to tunity for public comment in order to incor- The agreement encourages USDA to sup-
combat cattle fever ticks. The agreement porate the priorities of all interested stake- port aquaculture disease and vaccine re-
also directs ARS to coordinate development holders, including ARS and other scientists, search, including research on finfish vac-
of its long-term cattle fever tick research and users of ARS data. The agreement also cines and pathogens, which have the poten-
program with APHIS efforts under the Cattle notes the important collaboration between tial to accelerate the growth of sustainable
Fever Tick Eradication Program. The agree- ARS and universities and the impact that U.S. aquaculture, reduce the trade deficit at-
ment provides no less than the fiscal year aging facilities have on new research oppor- tributed to imported seafood, and reduce the
2020 level for cattle fever tick research. tunities. The agreement directs ARS to sub- pressure on overfished species.
The agreement encourages ARS and the mit a report that includes information on The agreement recognizes the importance
Plant Genetics Resources Research Unit to the current utilization of ARS facilities by of the domestic aquaculture industry to the
partner with 1890 institutions that have ex- universities and other cooperators, as well as U.S. economy and provides funding for aqua-
isting institutional capacity on hemp the extent to which ARS is housed in coop- culture research to address issues related to
germplasm research, education, and exten- erator facilities. In addition, the agreement genetics, disease, systems, and economics.
sion capabilities. recognizes the national importance of the re- The agreement is supportive of the activi-
The agreement notes ongoing efforts to de- search performed by ARS facilities that are ties carried out by the Binational Agricul-
velop a new strategic plan for the National not owned by ARS. Ongoing efforts to up- tural Research and Development (BARD) and
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Arboretum to carry out its missions of re- grade ARS facilities to be on par with the recognizes that this collaboration is of mu-
search, education, and public display gar- critical research done by the agency has not tual benefit to the United States and Israel.
dens. The agreement expects that such plan addressed ARS research done by ARS em- The agreement encourages NIFA to leverage
will address necessary security and safety ployees at non-ARS facilities. Accordingly, all possible funding streams to support
enhancements and new signage to enhance the agreement directs ARS to provide to the BARD research projects, which have contrib-
public access of the National Arboretum. In Committees not later than 180 days after the uted significantly to both the U.S. and
addition, the agreement directs ARS to ex- enactment of this Act a long-term, multi- Israeli economies.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7883
The agreement recognizes the need for re- agricultural professionals to build their sponse strategies, and emerging trends in
search on eradicating livestock diseases, par- awareness, knowledge, and skills related to rural economic and healthcare needs result-
ticularly bovine brucellosis and bovine tu- soil health and carbon sequestration. ing from these stress interventions. In addi-
berculosis, and encourages NIFA to make The agreement encourages NIFA to sup- tion, the agreement directs NIFA and the
competitive grants available to study im- port practical, hands-on educational and Department’s Rural Health Liaison to co-
proved management tools for zoonotic live- training needs of the rapidly expanding dairy ordinate with the Department of Health and
stock diseases with significant wildlife res- industry through collaborations that bring Human Services to gather and utilize exist-
ervoirs. together students, young dairy professionals, ing data sets prepared by the Centers for Dis-
The agreement is concerned that large gro- academia, and dairy producers. ease Control and Prevention on farmer and
cer recruitment remains a problem for many The following table reflects the agreement: rancher mental and behavioral health. Fur-
communities, particularly those experi- ther, the agreement directs NIFA and the
encing higher rates of abandoned or vacant NATIONAL INSTITUTE OF FOOD AND AGRICULTURE Rural Health Liaison to work together to
homes. The Department is encouraged to ex- RESEARCH AND EDUCATION ACTIVITIES provide a report on farmers’ and ranchers’
plore innovative approaches to address ac- (Dollars in thousands) mental health status, access to behavioral
cess to nutritional food options in urban food health care, as well as geographic and demo-
deserts, including the development of com- Hatch Act .............................................. 7 U.S.C. 361a–i .... $259,000 graphic factors that are associated with
munity-wide urban agriculture projects that McIntire-Stennis Cooperative Forestry 16 U.S.C. 582a 36,000 higher rates of substance abuse, suicide, and
assist in eliminating vacant properties while Act. through a–7. job dissatisfaction. The report should also
providing the communities with much-need- Research at 1890 Institutions (Evans- 7 U.S.C. 3222 ....... 73,000 discuss barriers in collecting or accessing
ed fresh produce. Allen Program).
this information. The agreement directs the
The agreement directs NIFA to work with Payments to the 1994 Institutions ....... 7 U.S.C. 301 note 4,500
Education Grants for 1890 Institutions 7 U.S.C. 3152(b) ... 26,000 Department to provide the report not later
research institutions to develop and refine Scholarships at 1890 Institutions ........ 7 U.S.C. 3222a ..... 10,000 than 180 days after enactment.
predictive models and monitoring tech- Education Grants for Hispanic-Serving 7 U.S.C. 3241 ....... 12,500 The agreement notes the essential function
nologies for native and invasive pests for in- Institutions. that the Cooperative Extension System
corporation into integrated pest manage- Education Grants for Alaska Native 7 U.S.C. 3156 ....... 3,194 plays in ensuring that farmers, ranchers, and
ment programs for naturally seeded, native and Native Hawaiian-Serving Insti- communities of all sizes are empowered to
berry crops to increase the margin of food tutions.
meet the challenges they face, adapt to
safety and product quality. Research Grants for 1994 Institutions 7 U.S.C. 301 note 4,000
Capacity Building for Non Land-Grant 7 U.S.C. 3319i ...... 5,000 changing technology, improve nutrition and
The agreement directs NIFA to study the food safety, prepare for and respond to emer-
Colleges of Agriculture.
recent infestation of oak mites and focus on Grants for Insular Areas ....................... 7 U.S.C. 3222b–2, 2,000 gencies, and protect our environment. The
suppression and eradication possibilities. 3362 and 3363. agreement rejects proposed cuts to Exten-
The agreement notes that the National Or- Agriculture and Food Research Initia- 7 U.S.C. 3157 ....... 435,000 sion Activities and notes the increased im-
ganic Standards Board (NOSB) has identified tive. portance of extension given the extraor-
key organic research priorities. The agree- Veterinary Medicine Loan Repayment ... 7 U.S.C. 3151a ..... 8,500
dinary stresses placed on farmers, ranchers,
ment encourages NIFA to give strong consid- Veterinary Services Grant Program ....... 7 U.S.C. 3151b ..... 3,000
Continuing Animal Health and Disease 7 U.S.C. 3151a ..... 4,000 rural businesses and communities, and the
eration to these priorities when crafting the food supply chain by trade and market un-
fiscal year 2021 Request for Applications for Research Program.
Supplemental and Alternative Crops .... 7 U.S.C. 3319d ..... 1,000 certainty and the current economic down-
AFRI and the Organic Transition Program. Multicultural Scholars, Graduate Fel- 7 U.S.C. 3152(b) ... 9,500 turn.
Given the growing demand for organic prod- lowship and Institution Challenge The agreement is concerned that the Coop-
ucts, the agreement also encourages USDA Grants. erative Extension System may not reach mi-
to increase the number of organic research Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j) .... 900
Education.
nority, socially disadvantaged, and Tribal
projects funded under AFRI and the Spe-
Aquaculture Centers .............................. 7 U.S.C. 3322 ....... 5,000 communities in proportion to their partici-
cialty Crop Research Initiative.
Sustainable Agriculture Research and 7 U.S.C. 5811, 40,000 pation in the agricultural sector. All institu-
The agreement notes that the Agriculture
Education. 5812, 5831, and tions that receive extension funding should
Improvement Act of 2018 (Public Law 115–334)
5832. seek to ensure that an equitable percentage
expanded the Extension Risk Management Farm Business Management ................ 7 U.S.C. 5925f ...... 2,000 of their overall extension work reaches mi-
Education Program to include a wide range Sun Grant Program ............................... 7 U.S.C. 8114 ....... 3,000 nority, socially disadvantaged, and Tribal
of farm viability activities and dramatically Research Equipment Grants ................. 7 U.S.C. 3310a ..... 5,000
communities. The agreement directs NIFA
increased the mandatory funding provided Alfalfa and Forage Research Program 7 U.S.C. 5925 ....... 3,000
Minor Crop Pest Management (IR–4) ... 7 U.S.C. 450i(e) .... 11,913 to evaluate distribution of extension re-
for this program. In light of this funding in-
Special Research Grants: ...................... 7 U.S.C. 450i(c) .... .................... sources to these three populations and report
crease, the agreement directs NIFA to raise
Global Change/UV Monitoring .......... ............................... 1,405 to the Committees no later than 90 days
the maximum grant size in order to accom-
Potato Research ................................ ............................... 2,750 after enactment of this Act.
modate a wider range of project types and Aquaculture Research ....................... ............................... 2,000
scopes and urges NIFA to develop a process The following table reflects the agreement:
Total, Special Research Grants ........ ............................... 6,155
to support regional, multi-regional, and na- Necessary Expenses of Research and ............................... ....................
tional projects, which would require a sepa- Education Activities:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
rate, larger maximum grant size. Grants Management System ................. ............................... 7,924 EXTENSION ACTIVITIES
The agreement supports small fruit re- Federal Administration—Other Nec- ............................... 11,556 (Dollars in thousands)
search to promote sustainable production of essary Expenses for Research and
Education Activities. Smith-Lever, Section 3(b) and (c) pro- 7 U.S.C. 343(b) $315,000
berry and grape crops with the goal of reduc- Total, Necessary Expenses ........... ............................... 19,480
ing pesticide use and improving quality and grams and Cooperative Extension. and (c) and
208(c) of P.L.
yield. The agreement notes growing concerns Total, Research and Education ............................... $992,642 93–471.
about invasive insects, such as the spotted Activities. Extension Services at 1890 Institutions 7 U.S.C. 3221 ....... 62,000
winged drosophila and brown marmorated Extension Services at 1994 Institutions 7 U.S.C. 343(b)(3) 8,500
stink bug, and the negative impact they NATIVE AMERICAN INSTITUTIONS ENDOWMENT Facility Improvements at 1890 Institu- 7 U.S.C. 3222b ..... 21,500
have on small fruit production and inte- FUND tions.
grated pest management. The agreement Renewable Resources Extension Act .... 16 U.S.C. 1671 et 4,060
The agreement provides $11,880,000 for the seq..
strongly encourages USDA to support re- Native American Institutions Endowment Rural Health and Safety Education 7 U.S.C. 2662(i) .... 4,000
search to improve the ability to forecast pest Fund. Programs.
and disease spread and implement precision Food Animal Residue Avoidance Data- 7 U.S.C. 7642 ....... 2,500
EXTENSION ACTIVITIES
management strategies. base Program.
The agreement recognizes the importance The agreement provides $538,447,000 for Women and Minorities in STEM Fields 7 U.S.C. 5925 ....... 400
of nationally coordinated, regionally man- NIFA, Extension Activities. Food Safety Outreach Program ............. 7 U.S.C. 7625 ....... 10,000
aged canola research and extension programs The agreement notes the concern that Food & Ag Service Learning ................. 7 U.S.C. 7633 ....... 2,000
and encourages the Secretary to give pri- farmers and ranchers face highly stressful Farmer Stress Assistance Network ....... 7 U.S.C. 5936 ....... 10,000
ority consideration to proposals that address working conditions, which can contribute to Smith-Lever, Section 3(d): .................... 7 U.S.C. 343(d) ..... ....................
serious behavioral health concerns, espe- Food and Nutrition Education .......... ............................... 70,000
research needs in production areas with the Farm Safety and Youth Farm Safety ............................... 5,000
greatest potential to expand, as well as those cially during downturns in the farm econ- Education Programs.
where canola production is established and omy and trade uncertainty. The agreement New Technologies for Agricultural ............................... 3,550
needs to be maintained. urges the Department to prioritize proposals Extension.
The agreement strongly supports the Sus- from regions that have seen high levels of Children, Youth, and Families at ............................... 8,395
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tainable Agriculture Research and Education farm bankruptcies, auctions, and other sig- Risk.
program and directs USDA to ensure that re- nals of severe economic distress when re- Federally Recognized Tribes Exten- ............................... 3,200
viewing award applications for the Farm and sion Program.
search, education, and extension activities
Total, Section 3(d) ....................... ............................... 90,145
carried out within the program remain in- Ranch Stress Assistance Network program.
tact. The Secretary is encouraged to support The Secretary is directed to provide quar- Necessary Expenses of Extension Ac- ............................... ....................
professional development program activities terly reports to the Committees detailing tivities:
such as training, grants, and resources for the indicators of stress, data on stress re- Agriculture in the K–12 Classroom ...... 7 U.S.C. 3152(j) .... 552
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H7884 CONGRESSIONAL RECORD — HOUSE December 21, 2020
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE The agreement provides $32,893,000 for Ag- The agreement remains concerned about
EXTENSION ACTIVITIES—Continued ricultural Quarantine Inspections (AQI), in- the capacity of States to conduct surveil-
(Dollars in thousands) cluding pre-departure and interline inspec- lance, testing, prevention, and research re-
tions. The agreement notes that assessing lating to Eastern Equine Encephalitis and
Federal Administration—Other Nec- ............................... 7,790 AQI treatment monitoring fees on a per-en- provides no less than the fiscal year 2020
essary Expenses for Extension Ac- closure basis imposes disproportionate im- level to support ongoing cooperative agree-
tivities. ments with impacted States.
pacts on industry and user groups at certain
Total, Necessary Expenses ........... ............................... 8,342 The agreement recognizes the importance
key ports of entry, including ports along the
Total, Extension Activities ............ ............................... $538,447 Southeastern United States. USDA is en- of discovering collaborative, science-based
couraged to continue evaluating alternative solutions for feral wild horse animal man-
and equitable funding mechanisms in con- agement and encourages APHIS to study the
INTEGRATED ACTIVITIES
sultation with relevant stakeholder groups. control of large feral animal populations
The agreement provides $39,000,000 for The agreement provides $3,000,000 for that pose health and safety risks.
NIFA, Integrated Activities. APHIS to work with a public-private part- The agreement provides no less than the
The agreement directs the Secretary to nership focused on combating the global fiscal year 2020 level to support the imple-
support pest management programs in po- threat of antimicrobial resistance across hu- mentation of the Lacey Act within the Safe
tato growing States to minimize the applica- mans, animals, and the environment by way Trade and International Technical Assist-
tion of pesticides and to maximize the yield of the development of an antimicrobial re- ance program.
and quality of harvested potatoes. sistance dashboard tool for livestock man- The agreement supports the Department’s
The following table reflects the amounts decision to develop a new National Aqua-
agement, research, risk, and stewardship.
provided by the agreement: The agreement provides no less than the culture Health Plan in accordance with Ex-
fiscal year 2020 level for cattle fever tick ecutive Order 13921 and directs APHIS to col-
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE eradication needs and directs APHIS to co- laborate with State and land-grant univer-
INTEGRATED ACTIVITIES ordinate with ARS on the development of its sity partners in the development of the new
(Dollars in thousands) long-term cattle fever tick research pro- plan. The agreement further directs the De-
gram. partment to report to the Committees with-
Methyl Bromide Transition Program ..... 7 U.S.C. 7626 ....... $2,000 The agreement provides no less than in 60 days of enactment of this Act on its ef-
Organic Transition Program .................. 7 U.S.C. 7626 ....... 7,000 $11,000,000 for cervid health activities. Of the forts in this regard.
Regional Rural Development Centers ... 7 U.S.C. 450i(c) .... 2,000 amount provided, $7,000,000 shall be for The agreement provides no less than
Food and Agriculture Defense Initiative 7 U.S.C. 3351 ....... 8,000
APHIS to allocate funds directly to State de- $3,000,000 for APHIS to develop a qualified
Crop Protection/Pest Management Pro- 7 U.S.C. 7626 ....... 20,000 workforce comprised of subject matter ex-
gram. partments of wildlife and State departments
of agriculture to further develop and imple- perts. The agreement encourages APHIS to
Total, Integrated Activities ........... ............................... $39,000
establish cooperative agreements with aca-
ment chronic wasting disease (CWD) surveil-
demic research institutions, particularly
OFFICE OF THE UNDER SECRETARY FOR lance, testing, management, and response ac-
non-land grant Hispanic-Serving Institu-
MARKETING AND REGULATORY PROGRAMS tivities. In allocating these funds, APHIS
tions, to support the next generation of the
The agreement provides $809,000 for the Of- shall give priority to States that have expe-
NBAF workforce.
fice of the Under Secretary for Marketing rienced a recent incident of CWD, have a The agreement is concerned about online
and Regulatory Programs. CWD monitoring and surveillance program, dog dealers that are continuing to sell ani-
and have a diagnostic laboratory system cer- mals without the necessary USDA licenses
ANIMAL AND PLANT HEALTH INSPECTION tified for CWD testing. Within the remaining
SERVICE pursuant to the Animal Welfare Act. The
$4,000,000 provided, APHIS should give con- agreement encourages APHIS to continue to
SALARIES AND EXPENSES sideration to indemnity payments if war- conduct robust oversight and enforcement of
(INCLUDING TRANSFERS OF FUNDS) ranted. this statute and the 2013 rule requiring on-
Of the funds made available for the Na-
The agreement provides $1,064,179,000 for line dealers who are selling animals to con-
tional Clean Plant Network (NCPN), $500,000
the Animal and Plant Health Inspection sumers sight-unseen to have the necessary
is provided for equipment purchases to en-
Service (APHIS), Salaries and Expenses. The license.
sure the establishment of an additional diag- The agreement includes no less than the
agreement provides a net increase of
nostic and therapy center for the NCPN–Ber- fiscal year 2020 funding level to improve un-
$21,468,000 for high priority initiatives in
ries. Further, no less than the fiscal year derstanding of EU1 and NA1 strains of the
order to protect the plant and animal re-
2020 level should be available for the NCPN– sudden oak death pathogen and treatment
sources of the Nation from pests and dis-
Berries diagnostic center. methods to inform control and management
eases. Within the increase total, the agree- The agreement directs APHIS to work
ment includes the following: $7,368,000 for techniques in wildlands.
with ARS and stakeholders, and provides no The agreement encourages APHIS to fur-
pay and retirement contributions; $2,300,000 less than the fiscal year 2020 level to develop
for the Equine, Cervid, and Small Ruminant ther investigate West Nile virus and other
an integrated management program for con- infectious diseases affecting farm raised alli-
Health program to help address chronic trol of the Roseau cane scale insect pest in-
wasting disease; $3,000,000 for the Center for gators and develop treatments and methods
festation. to prevent infection and transmission.
Veterinary Biologics for additional staff; The agreement is aware that USDA has
$3,000,000 for Zoonotic Disease Management The agreement provides no less than the
confirmed the detection of Asian giant hor- fiscal year 2020 level for the agency to reduce
for an antimicrobial resistance dashboard nets in Washington State. The agreement di-
tool; $2,000,000 for Cotton Pests for boll wee- blackbird depredation in the Northern Great
rects the Department to keep the Commit- Plains.
vil eradication activities; $9,000,000 for Spe- tees apprised of any new nest detections and The agreement provides no less than the
cialty Crop Pests for the control and even- resources needed to support detection sur- fiscal year 2020 level for damage manage-
tual eradication of the navel orangeworm veys, outreach, and methods development for ment efforts and the development of methods
($2,000,000) and of the spotted lanternfly detection and response tools to prevent the to assist catfish producers in combatting the
($4,000,000), and for canine detection and sur- establishment of the Asian giant hornet in persistent threat and economic hardship
veillance activities ($3,000,000); $1,000,000 for the United States. caused by cormorants, pelicans, and other
Wildlife Damage Management to support The agreement recognizes the extreme eco- birds.
feral swine eradication efforts; $2,000,000 for nomic hardship posed to gamebird and egg The agreement provides an additional
Wildlife Services Methods Development for farmers when flocks are determined to be in- $1,000,000 above the fiscal year 2020 level in
chronic wasting disease work at the National fected by highly and low pathogenic avian support of APHIS efforts to decrease the
Wildlife Research Center; and $1,000,000 for influenza and acknowledges the severe limi- damage and risk to agriculture, natural re-
Horse Protection. tations on controlled marketing available to sources, and property caused by feral swine.
The agreement includes $6,200,000 in reduc- producers of live game birds, as well as the The agreement provides $28,000,000 for the
tions as requested by the Department from income loss from egg production. The agree- National Rabies Management Program to
Veterinary Diagnostics and completed pest ment encourages APHIS to provide full in- fortify existing barriers and advance preven-
programs. The agreement also reallocates demnity coverage for gamebird and egg oper- tion and eradication efforts.
$3,000,000 from Field Crop and Rangeland ations and cease attempts to limit coverage. The agreement provides $2,000,000 within
Ecosystems Pests and provides the same The agreement urges USDA to consider Wildlife Damage Management to maintain a
amount separately for a pilot program for providing emergency response resources, national training academy focused on those
the control and eradication of the such as a funding set aside from the Plant areas of greatest concern for human-animal
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cogongrass weed. Protection Act Section 7721 program, to rap- conflicts.
Excluding pay and retirement contribution idly respond to pest emergencies of high eco- The agreement supports additional re-
adjustments, the agreement provides a total nomic consequence in Hawaii. The agree- search to address improved diagnostics, man-
of $69,500,000 for citrus health programs, in- ment also urges USDA to assist with coordi- agement, treatment, and transmission path-
cluding projects for Huanglongbing (HLB) nation, support, and other available tools ways of CWD. Concerns also remain about
and support for the HLB Multi-Agency Co- and resources to State, academic, and coffee the growing threat of CWD in the South-
ordination Group. industry stakeholders. eastern United States and the potential for
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7885
conflicts between people and cervids nation- Food Promotion Program; $2,000,000 for the FUNDS FOR STRENGTHENING MARKETS, INCOME,
wide. The agreement notes that while CWD National Organic Program; and $500,000 for AND SUPPLY (SECTION 32)
has the potential to reduce populations long- the Organic Data Initiative. (INCLUDING TRANSFERS OF FUNDS)
term and cause major socio-economic im- The agreement recognizes that accurate
data for the production, pricing, and mar- The agreement provides $20,705,000 for
pacts, its zoonotic potential lacks a defini-
tive conclusion, among other unknowns. keting of organic products is essential to Funds for Strengthening Markets, Income,
Therefore, the agreement provides an addi- maintaining stable markets, identifying and Supply.
tional $2,000,000 to expand the mission area fraud, creating risk management tools, The following table reflects the status of
of Wildlife Services and its National Wildlife tracking production trends, and increasing this fund:
Research Center to include CWD-related re- exports. The Secretary is directed to require
Appropriation (30% of Customs Receipts) ..................... $22,733,332
search, including activities to prevent future mandatory reporting on an annual basis by Less Transfers:
conflicts between humans and cervid popu- accredited certifying agents on aggregate Food and Nutrition Service .......................................... ¥21,040,057
lations. production areas certified by crop and loca- Commerce Department ................................................ ¥262,275
The agreement is concerned by the grow- tion in order to accurately calculate organic Total, Transfers .............................................. ¥21,302,332
ing prevalence of Little Cherry Disease in acreage and yield estimates on a country-by- Budget Authority, Farm Bill ............................................. 1,431,000
the Pacific Northwest and California, and country basis. Additionally, the agreement Appropriations Temporarily Reduced—Sequestration. ¥71,136
the significant threat that it poses to the re- directs the Secretary to submit a report to Budget Authority, Appropriations Act 1,359,864
gion’s stone fruit. The agreement encourages Less Obligations:
the Committees within one year of enact-
the Secretary to prioritize work and re- Child Nutrition Programs (Entitlement Commodities) 485,000
ment of this Act detailing the Department’s State Option Contract ................................................. 5,000
search on detection and mitigation of the current collection and publication of organic Removal of Defective Commodities ............................ 2,500
disease and to work with growers, univer- data and identifying gaps in the reporting or Disaster Relief ............................................................. 5,000
sities, and other partners to develop effec- collection of organic-specific data. Additional Fruits, Vegetables, and Nuts Purchases ... 206,000
tive control mechanisms. The agreement encourages AMS to Fresh Fruit and Vegetable Program ............................ 183,000
The following table reflects the agreement: prioritize proposals for the Acer Access and Estimated Future Needs .............................................. 800,425
Development Program that support the pro- Total, Commodity Procurement ...................... 1,686,925
ANIMAL AND PLANT HEALTH INSPECTION SERVICE motion of research and education, natural Administrative Funds:
Commodity Purchase Support ..................................... 36,746
(In thousands of dollars) resource sustainability, and market develop-
Marketing Agreements and Orders ............................. 20,705
ment and promotion. Total, Administrative Funds ........................... 57,451
Animal Health Technical Services ............................................. $38,093 The agreement recognizes the severe stress Total Obligations ............................................ $1,744,376
Aquatic Animal Health ............................................................... 2,272 and harsh economic losses facing the Na-
Avian Health .............................................................................. 63,213 tion’s dairy farmers that have driven thou-
Cattle Health .............................................................................. 105,216 PAYMENTS TO STATES AND POSSESSIONS
sands of farmers out of business and delayed
Equine, Cervid, and Small Ruminant Health ............................ 28,982 The agreement provides $1,235,000 for Pay-
National Veterinary Stockpile ..................................................... 5,736 economic recovery for those that remain.
Given this urgency, the agreement encour- ments to States and Possessions.
Swine Health .............................................................................. 25,020
Veterinary Biologics ................................................................... 20,570 ages the Secretary to use all available re- LIMITATION ON INSPECTION AND WEIGHING
Veterinary Diagnostics ............................................................... 56,979 sources to help these struggling farmers to SERVICES EXPENSES
Zoonotic Disease Management .................................................. 19,620 diversify, innovate, and reduce risk. The agreement includes a limitation on in-
The agreement recognizes that the current spection and weighing services expenses of
Subtotal, Animal
Health ......................................................................................... 365,701
economic climate has had a severe, negative $55,000,000.
Agricultural Quarantine Inspection (Appropriated) ................... 32,893 impact on local food systems. The agreement OFFICE OF THE UNDER SECRETARY FOR FOOD
Cotton Pests ............................................................................... 13,597 encourages AMS to prioritize funding appli- SAFETY
Field Crop & Rangeland Ecosystems Pests .............................. 10,942 cations that increase the resilience and
Pest Detection ............................................................................ 27,733 adaptability of local food systems and ensure The agreement provides $809,000 for the Of-
Plant Protection Methods Development ..................................... 20,884 compliance with the Food Safety Moderniza- fice of the Under Secretary for Food Safety.
Specialty Crop Pests .................................................................. 196,553
tion Act. The agreement recognizes the current pres-
Tree & Wood Pests ..................................................................... 60,456 sure across the food supply chain. The Food
The agreement urges USDA to reestablish
the Wild Caught Working Group under the Safety and Inspection Service (FSIS) is di-
Subtotal, Plant
National Organic Standards Board to evalu- rected to do everything possible to ensure
Health ......................................................................................... 363,058
Wildlife Damage Management ................................................... 111,647 ate wild capture aquatic animal production employees are safe. This includes deter-
Wildlife Services Methods Development .................................... 21,046 systems and assess the feasibility and appro- mining whether an establishment’s oper-
priateness of developing organic production, ating procedures sufficiently protect the
Subtotal, Wildlife safety of inspectors. The agreement directs
Services ...................................................................................... 132,693
handling, and labeling standards for wild
caught seafood. USDA is directed to provide FSIS to review the impact of the line-speed
Animal & Plant Health Regulatory Enforcement ....................... 16,400
a report on the status of discussions with in- waivers it has granted on employees’ health
Biotechnology Regulatory Services ............................................ 19,020
terested parties, including the wild caught and safety and report back to the Commit-
Subtotal, Regulatory seafood industry and the organic commu- tees within 90 days of enactment of this Act.
Services ...................................................................................... 35,420 nity, regarding the feasibility and frame- Going forward, FSIS is encouraged to con-
Contingency Fund ...................................................................... 478 sult with the Occupational Safety and
Emergency Preparedness & Response ....................................... 41,268
work for establishing organic standards for
wild-caught seafood. Health Administration to ensure that any
The agreement recognizes the importance future line speed increases would not have an
Subtotal, Emergency
Management .............................................................................. 41,746 of consumer confidence in the integrity of adverse impact on employees’ safety.
Agriculture Import/Export. .......................................................... 15,722 the USDA Organic Seal and notes the work FOOD SAFETY AND INSPECTION SERVICE
Overseas Technical & Trade Operations ................................... 24,198 that USDA has done to increase training and The agreement provides $1,075,703,000 for
certifier consistency with respect to dairy the Food Safety and Inspection Service
Subtotal, Safe
Trade .......................................................................................... 39,920 operations. The agreement directs AMS to (FSIS). This amount includes $4,500,000 for
Animal Welfare ........................................................................... 31,661 continue to resolve inconsistencies in en- the Consumer Safety Inspection conversion
Horse Protection ......................................................................... 2,009 forcement and interpretation of regulations, and $1,000,000 to defray the costs of inspec-
including those relating to the transition of tion personnel outside of scheduled hours for
Subtotal, Animal livestock to organic dairy production and the inspection of wild caught invasive spe-
Welfare ....................................................................................... 33,670 dry matter intake during the grazing season.
APHIS Information Technology Infrastructure ............................ 4,251 cies in the order siluriformes and family
Physical/Operational Security .................................................... 5,153
AMS is further directed to continue to con- Ictaluridae.
Rent and DHS Payments ........................................................... 42,567 duct critical risk-based oversight, particu- The agreement directs FSIS to provide a
larly for large, complex dairy operations. report no later than 120 days after enact-
Subtotal, Agency The agreement recognizes the importance ment of this Act with strategies the agency
Management .............................................................................. 51,971 of ensuring that meat pricing mechanisms is using to ensure that Brazilian raw beef im-
are transparent and provide reliable price ports are meeting the set standards.
Total, Direct Appropriation ................................................ $1,064,179 discovery for cattle producers and that farm- The following table reflects the agreement:
ers, ranchers, processors, and consumers
BUILDINGS AND FACILITIES must have a fair and competitive market- FOOD SAFETY AND INSPECTION SERVICE
The agreement provides $3,175,000 for place. The agreement directs the Secretary, (Dollars in thousands)
APHIS Buildings and Facilities. working with the Attorney General as appro-
AGRICULTURAL MARKETING SERVICE priate, to act expeditiously to analyze these
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Federal ............................................................................. $957,348
MARKETING SERVICES issues and to consider extending the ongoing State ................................................................................. 66,730
The agreement provides $188,358,000 for Ag- investigation to include recent economic dis- International ..................................................................... 17,045
ricultural Marketing Service (AMS), Mar- ruptions. Public Health Data Communications Infrastructure Sys-
LIMITATION ON ADMINISTRATIVE EXPENSES tem .............................................................................. 34,580
keting Services. Total, Food Safety and Inspection Serviced ........... $1,075,703
The agreement provides increases of The agreement includes a limitation on ad-
$2,000,000 for the Farmers Market and Local ministrative expenses of $61,227,000.
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H7886 CONGRESSIONAL RECORD — HOUSE December 21, 2020
TITLE II vancements to protect ground water and sur- (Dollars in thousands)
FARM PRODUCTION AND CONSERVATION face water quality and control soil erosion Total, FSA Salaries and expenses .................................... $1,437,038
PROGRAMS while enhancing wildlife habitat.
Concerns remain about staffing shortages
OFFICE OF THE UNDER SECRETARY FOR FARM STATE MEDIATION GRANTS
at FSA offices. No later than 90 days from
PRODUCTION AND CONSERVATION The agreement provides $6,914,000 for State
the enactment of this Act, the agreement di-
The agreement provides $916,000 for the Of- rects the Secretary to submit a report to Mediation Grants.
fice of the Under Secretary for Farm Produc- Congress with an administrative breakdown GRASSROOTS SOURCE WATER PROTECTION
tion and Conservation. of allotment levels by State, current full- PROGRAM
The agreement does not support the co-lo- time equivalents, current on-board perma-
cation of FPAC agency State offices into The agreement provides $6,500,000 for the
nent employees by State, and funded ceiling
General Services Administration (GSA) loca- Grassroots Source Water Protection Pro-
levels by State.
tions if it is not in the best interest of USDA The agreement recognizes the significant gram.
employees, customers, and taxpayers. There- potential of the Acreage Crop Reporting DAIRY INDEMNITY PROGRAM
fore, the agreement directs the Under Sec- Streamlining Initiative (ACRSI) to reduce (INCLUDING TRANSFER OF FUNDS)
retary for FPAC to provide a report within 90 the time and burden of Federal reporting re-
days of enactment of this Act on proposed quirements on farmers by allowing farmers The agreement provides such sums as may
co-locations of FPAC agency State offices, to report data electronically and securely be necessary for the Dairy Indemnity Pro-
the cost-savings benefits associated with with both the Risk Management Agency and gram.
each, and anticipated improvements in cus- the Farm Service Agency to automatically The agreement is aware that a small num-
tomer service associated with each proposed pre-populate forms, eliminate redundant re- ber of dairy farms are unable to sell their
GSA location. porting, and increase data integrity. The milk as a result of contamination from a
FARM PRODUCTION AND CONSERVATION agreement notes that USDA’s prioritization family of synthetic chemicals, collectively
BUSINESS CENTER of ACRSI has been inadequate and therefore known as ‘‘PFAS’’ chemicals. The agreement
directs the Under Secretary for Farm Pro- notes that USDA’s own research has shown
SALARIES AND EXPENSES
duction and Conservation to allocate all nec- that PFAS residues remain detectable in
(INCLUDING TRANSFERS OF FUNDS) contaminated livestock even after an ex-
essary resources to identify the software op-
The agreement provides $231,302,000 for the tions necessary to ensure that ACRSI tech- tended withdrawal period, which could result
Farm Production and Conservation (FPAC) nology is adopted and deployed by the Risk in potential human exposure. The agreement
Business Center. In addition, $60,228,000 is Management Agency and the Farm Service requires the Secretary to utilize the Dairy
transferred from the Commodity Credit Cor- Agency within 120 days of enactment of this Indemnity Payment Program to purchase
poration, $112,000 is transferred from the P.L. Act. and remove PFAS contaminated cows from
480 Program, and $318,000 is transferred from The agreement strongly encourages the the market, rather than paying for pro-
Commodity Credit Corporation Export Loan Secretary, within the total acreage made longed and imprudent monthly production
Programs. available for enrollment in the Conservation indemnities. The Secretary shall utilize the
The agreement notes that in prior years, Reserve Program and without reducing the established, applicable Livestock Indemnity
transfers from the P.L. 480 and the Com- periodic availability of general signup, to en- Program average fair market value price to
modity Credit Corporation Export Loan Pro- roll, to the maximum extent practicable, compensate for PFAS contaminated cows at
grams were provided to the Farm Service acreage for activities included in the State affected dairies.
Agency, Salaries and Expenses. Now that Acres for Wildlife Enhancement practice or AGRICULTURAL CREDIT INSURANCE FUND
those functions have been transferred to the other similar administratively established PROGRAM ACCOUNT
Business Center, so too are these funds. wetland and habitat practices that benefit
The agreement notes that the FPAC Busi- (INCLUDING TRANSFERS OF FUNDS)
priority fish and wildlife species identified in
ness Center was created by the Secretary in State, regional, and national conservation The agreement provides $9,858,176,000 for
2018 with the goals of consolidating adminis- initiatives, prioritizing initiatives that pro- the ACIF program account.
trative functions, reducing inefficiencies, vide large blocks of cover ideal for wildlife The agreement includes $5,000,000 for In-
and increasing customer service. However, nesting. dian Highly Fractionated Land Loans and
the agreement is concerned about reports of The agreement reminds USDA that the notes there are sufficient carryover balances
prolonged delays in filling critical staffing joint explanatory statement accompanying to help meet demand. The agreement directs
vacancies, which have led to delays in the Public Law 116–94 directed FSA to amend the FSA to provide a report on the program’s
deployment of important conservation and existing regulations under 7 C.F.R. 1416 to utilization and directs FSA to increase out-
commodity programs. The agreement re- ensure producers of farm-raised fish intended reach to tribes and tribal members to im-
minds the Secretary that the detailed report for human consumption are eligible to re- prove the accessibility of the program.
required in the Explanatory Statement ac- ceive payments for death losses due to dis- The following table reflects the agreement:
companying the fiscal year 2020 Consolidated ease or avian predation within 180 days of en- (Dollars in thousands)
Appropriations Act, which was due February actment of that Act. The agreement expects
2020, regarding the FPAC Business Center’s FSA to carry out this congressional direc- Loan Authorizations:
efficiencies gained, metrics, hiring plan, and tive. Farm Ownership Loans:
potential reorganization, is overdue. The agreement is concerned that the De- Direct ..................................................................................... $2,500,000
FARM SERVICE AGENCY partment provided inaccurate estimates to Guaranteed ............................................................................ 3,300,000
Subtotal, Farm Ownership Loans .......................................... 5,800,000
SALARIES AND EXPENSES Congress on the available unused funding for
the National Organic Certification Cost- Farm Operating Loans:
(INCLUDING TRANSFERS OF FUNDS)
Share Program (OCCSP) during the develop- Direct ..................................................................................... 1,633,333
The agreement provides $1,142,924,000 for ment of the Agriculture Improvement Act of Unsubsidized Guaranteed ...................................................... 2,118,482
Farm Service Agency (FSA), Salaries and 2018 (Public Law 115–334). The overestimates Subtotal, Farm Operating Loans ........................................... 3,751,815
Expenses. The agreement supports the mis- have led to a funding gap that is leaving
sion of FSA and the important services that Emergency Loans ....................................................................... 37,668
farmers with far less assistance for com-
it provides across the country. The agree- Indian Tribe Land Acquisition Loans ......................................... 20,000
pleting this expensive and essential step that Conservation Loans-Guaranteed ................................................ 150,000
ment is dedicated to ensuring FSA has reli- is required to tap into the growing market Relending Program .................................................................... 33,693
able and functioning IT systems. The agree- for certified organic food in the United Indian Highly Fractionated Land ............................................... 5,000
ment does not accept the net decreases for States. The agreement directs the Secretary Boll Weevil Eradication .............................................................. 60,000
information technology as proposed, and pro- to submit a report to the Committees on how Total, Loan Authorizations ................................................ 9,858,176
vides $20,400,000 for farmers.gov. it will resolve inconsistencies in supplying
The agreement is concerned FSA did not Congress with estimates on funding available Loan Subsidies:
adequately consider the urgent threat of for the OCCSP and other Farm Bill pro- Farm Operating Loan Subsidies:
drought in the Draft Programmatic Environ- Direct ..................................................................................... 38,710
grams. Unsubsidized Guaranteed ...................................................... 23,727
mental Assessment. (PEA) for the Conserva- The agreement directs FSA to work with Subtotal, Farm Operating Subsidies ..................................... 62,437
tion Reserve Program. The agreement urges ranchers to tailor the Livestock Indemnity
the Secretary to revise the PEA to allow Program to address unique circumstances, Emergency Loans ....................................................................... 207
dryland agriculture uses, with the adoption such as panther depredation, which are cur- Relending Program .................................................................... 5,000
of best management practices, on land en- rently preventing producers from receiving Indian Highly Fractionated Land ............................................... 742
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rolled in the Conservation Reserve Enhance- compensation for losses. Total, Loan Subsidies ....................................................... 68,386
ment Program (CREP). The agreement fur- The following table reflects the agreement:
ther directs the Secretary to submit a report ACIF Expenses:.
(Dollars in thousands)
to the Committees detailing a full analysis Salaries and Expenses .......................................................... 294,114
Administrative Expenses ....................................................... 13,230
of the new CREP dryland agricultural uses Salaries and expenses ............................................................... $1,142,924 Total, ACIF Expenses ......................................................... $307,344
authority and what dryland farming best Transfer from ACIF ................................................................ 294,114
management practices could do to make ad-
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7887
RISK MANAGEMENT AGENCY nical Assistance should be provided for pact such delays have on local communities,
SALARIES AND EXPENSES healthy soil planning, soil carbon sequestra- especially those aimed at supplying drinking
tion, and conservation activity planning. water to rural communities. Such delays can
The agreement provides $60,131,000 for the
The agreement is concerned about soil force undue costs on local communities that
Risk Management Agency (RMA), Salaries
quality near watersheds such as the Great must find alternative temporary sources of
and Expenses.
Lakes Basin, Salton Sea, Lake Okeechobee, water. The agreement urges the Secretary to
The agreement directs FSA and RMA, in
and the Chesapeake Bay. The agreement di- address these issues and complete projects in
consultation with relevant stakeholders, to
rects NRCS to provide an analysis on the a timely manner. The Secretary is encour-
study and update corn test weight discount
feasibility of evaluating outcomes of water- aged to consider all costs related to the use
tables to improve the accuracy of these dis-
shed and cropland projects implemented of alternative water sources resulting from
count factors.
through the Conservation Effects Assess- delays in project completion, as in-kind serv-
The agreement directs RMA to provide
ment Project. The analysis should include ice eligible for credit as non-Federal con-
flexibility to producers wishing to hay or
cost, timeframe, and any gaps in data that tribution. In addition, the agreement directs
graze cover crops on prevented planting acre-
would prevent a thorough analysis. the Secretary to report to the Committees
age before November 1. The agreement fur-
The Secretary is encouraged to use mitiga- on the status of all federally funded WFPO
ther directs RMA to study alternatives to a
tion with the conversion of a natural wet- projects throughout the States and terri-
nationwide haying and grazing date in order
land and equivalent wetlands functions at a tories that remain unfinished or incomplete
to avoid primary nesting and the potential
ratio which does not exceed 1-to-1 acreage. due to lack of funds.
impact of eliminating penalties for haying The agreement directs NRCS to include
and grazing after the primary nesting sea- WATERSHED REHABILITATION PROGRAM
the Mississippi River Basin, the Chesapeake The agreement provides $10,000,000 for the
son. RMA shall report the results of this Bay Watershed, Western Waters, North-
study to the Committees no later than 180 Watershed Rehabilitation Program.
eastern Forests and Waters, Prairie Grass-
days after enactment of this Act. CORPORATIONS
lands, and Longleaf Pine Range States as
The agreement recognizes that crop insur- priority areas for Critical Conservation Area FEDERAL CROP INSURANCE CORPORATION FUND
ance is a vital public-private partnership, funding under the Regional Conservation The agreement provides such sums as may
however, additional education is needed for Partnership Program. The agreement en- be necessary for the Federal Crop Insurance
farmers with clear, comparative, and easy to courages NRCS to leverage all possible re- Corporation Fund.
understand information on the costs of se- sources to identify nutrient loss and reduce COMMODITY CREDIT CORPORATION FUND
lected crop insurance policies, the producer runoff to achieve the goals of the 2015 Gulf REIMBURSEMENT FOR NET REALIZED LOSSES
premium, and the Federal premium subsidy. Hypoxia Action Plan. The agreement be-
The agreement directs the Secretary to work (INCLUDING TRANSFERS OF FUNDS)
lieves additional Conservation Technical As- The agreement provides such sums as may
with crop insurance providers and agents to sistance is warranted in these Critical Con-
ensure that all farmers have access to that be necessary for Reimbursement for Net Re-
servation Areas to improve conservation alized Losses of the Commodity Credit Cor-
cost information on their policies in a trans- planning capacity and achieve critical con-
parent and easy to understand manner. poration.
servation goals.
The agreement notes that the Agriculture The agreement is concerned about the se- HAZARDOUS WASTE MANAGEMENT
Improvement Act of 2018 (Public Law 115–334) vere and prolonged drought in the West and (LIMITATION ON EXPENSES)
directed the Board of Directors of the Fed- applauds the passage of the Colorado River The agreement provides a limitation of
eral Crop Insurance Corporation to consider Basin Drought Contingency Plans. The $15,000,000 for Hazardous Waste Management.
treating the different growth stages of aqua- agreement notes the updates made by the TITLE III
culture species as separate crops for the Agriculture Improvement Act of 2018 to ad-
Whole Farm Diversified Risk Management RURAL DEVELOPMENT PROGRAMS
dress water conservation and drought miti- OFFICE OF THE UNDER SECRETARY FOR RURAL
Insurance Plan. RMA is directed to submit a gation, including eligibility changes for
report to the Committees regarding the steps DEVELOPMENT
water conservation and irrigation efficiency
taken by the Board to consider the feasi- The agreement provides $812,000 for the Of-
practices. The agreement expects NRCS to
bility of this proposed change to recognize fice of the Under Secretary for Rural Devel-
utilize all available opportunities to assist
the difference in perils at different phases of opment.
producers, states, irrigators, irrigation dis- The agreement provides $635,000,000 to sup-
growth for aquaculture species. tricts, and acequias in implementing area-
NATURAL RESOURCES CONSERVATION SERVICE port the ReConnect pilot program to in-
wide plans and critical innovative drought crease access to broadband connectivity in
CONSERVATION OPERATIONS resiliency and mitigation efforts. In pro- unserved rural communities, and directs the
The agreement provides $832,727,000 for viding this assistance, the agreement further Department to target grants and loans to
Natural Resources Conservation Service expects NRCS to prioritize support for imple- areas of the country with the largest
(NRCS), Conservation Operations. mentation of Drought Contingency Plans, broadband coverage gaps. These projects
The agreement provides $9,488,000 for the agreements, or programs that conserve sur- should utilize technology that will maximize
Snow Survey and Water Forecasting Pro- face or ground water, improve drought resil- coverage of broadband with the most benefit
gram; $9,540,000 for the Plant Materials Cen- iency, and address current and anticipated to taxpayers and the rural communities
ters; $79,444,000 for the Soil Surveys Pro- conservation needs and severe drought-re- served. The agreement notes stakeholder
gram, of which $1,000,000 is for the ongoing lated resource concerns. concerns that the ReConnect pilot does not
Soil Health Initiative linking soil health and The agreement notes that Section 2304(e)
effectively recognize the unique challenges
crop cover management; and $734,255,000 for of Public Law 115–334 allows acequias and
and opportunities that different tech-
Conservation Technical Assistance, of which land grant mercedes to apply directly to the
nologies, including satellite, provide to de-
$2,458,000 is for the Farmers.gov Customer Environmental Quality Incentives Program
livering broadband in noncontiguous States
Experience Portal program. (EQIP). The agreement recognizes that there
or mountainous terrain and is concerned
The agreement provides $3,754,000 to main- are hundreds of acequias and dozens of land
that providing preference to 100mbps sym-
tain relevant soil survey for all lands of the grants in New Mexico that can now gain di-
metrical service unfairly disadvantages
United States and territories, including Fed- rect access to this important conservation
these communities by limiting the deploy-
eral and Tribal lands, and encourages NRCS program. The NRCS is urged to develop EQIP
ment of other technologies capable of pro-
to consider including activities that study guidance that ensures timely input from
viding service to these areas. The ReConnect
the impact grazing, wildfire, recreation, local communities, including listening ses-
pilot is intended to be technology neutral
invasive species, and carbon sequestration sions with land grants and acequias.
and the Secretary is encouraged to recon-
have on the soil. The agreement directs NRCS to provide a
sider awarding extra points to applicants
The agreement recognizes that improving report on actions it will take to eliminate
from States without restrictions on
soil health on agricultural lands is key to program duplication as identified in Inspec-
broadband delivery by utilities service pro-
achieving both meaningful conservation and tor General reports.
viders in order to ensure this criterion is not
economic benefits for producers. The agree- WATERSHED AND FLOOD PREVENTION a determining factor for funding awards.
ment notes the strong stakeholder interest OPERATIONS In addition, the Department is reminded to
in the new on-farm conservation innovation The agreement provides $175,000,000 for Wa- avoid efforts that could duplicate existing
trials and the soil health demonstration tershed and Flood Prevention Operations networks built by private investment or
trial. The Secretary is encouraged to dedi- (WFPO). those built leveraging and utilizing other
cate more Conservation Technical Assist- The agreement directs the Secretary to Federal programs and to coordinate with the
ctelli on DSK11ZRN23PROD with HOUSE
ance to establish standard protocols for provide greater flexibility to State Conserva- National Telecommunications Information
measuring and testing carbon levels to tionists to utilize technical assistance dedi- Administration and the Federal Communica-
evaluate gains in soil health that will help cated for specific WFPO projects for admin- tions Commission to ensure wherever pos-
producers to create positive economic, envi- istration and planning statewide for all sible that any funding provided to support
ronmental, and social outcomes through eco- WFPO projects. deployment of last-mile broadband infra-
system service markets. The agreement be- The agreement is concerned about ongoing structure is targeted to areas that are cur-
lieves that additional Conservation Tech- delays with some WFPO projects and the im- rently unserved.
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H7888 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Further, the Department is encouraged to and technology sectors which are focused on RENTAL ASSISTANCE PROGRAM
prioritize projects financed through public- the development of precision and autono- The agreement provides $1,410,000,000 for
private partnerships and projects where Fed- mous agriculture technologies as a way to the Rental Assistance Program.
eral funding will not exceed 50 percent of the strengthen rural economies and create jobs. The Secretary is encouraged to prioritize
project’s total cost. RURAL DEVELOPMENT multi-family housing properties acquired by
The agreement also notes that in admin- SALARIES AND EXPENSES means of a section 515 loan within the cur-
istering the ReConnect pilot program estab-
(INCLUDING TRANSFERS OF FUNDS) rent fiscal year when determining current
lished by section 779 of division A of the Con-
The agreement provides $264,024,000 for rental assistance needs.
solidated Appropriations Act, 2018 (Public
Law 115–141), the Secretary of Agriculture Rural Development, Salaries and Expenses. MULTI-FAMILY HOUSING REVITALIZATION
shall, for purposes of determining entities el- This amount includes $7,000,000 for PROGRAM ACCOUNT
igible to receive assistance, allow entities of transitioning to a modern platform for Sin- The agreement provides $68,000,000 for the
any structure, including partnerships or in- gle Family Direct Housing. Multi-Family Housing Revitalization Pro-
frastructure applications, provided sufficient The agreement provides an increase of gram Account, including $40,000,000 to fully
assurances are given that broadband services $2,000,000 for the Placemaking Initiative to fund the rural housing voucher demand as
will be provided to the subject area through expand or enhance cooperative agreements estimated by USDA.
contractual arrangements. Additionally, the begun in fiscal year 2020. Awards should take
The Secretary is directed to provide a re-
Department shall permit awardees flexibility advantage of current or future highspeed
port within 120 days of enactment of this Act
to satisfy the terms of awards, including the broadband investments from the Rural Utili-
to estimate the cost of providing rural hous-
deployment and operation of broadband fa- ties Service’s ReConnect program. The three
ing vouchers to all low-income households
cilities, through affiliates or other third par- main areas of Rural Development should
currently receiving USDA rental assistance
support such efforts to help create greater
ties, where doing so would facilitate comple- and residing in a property financed with a
social and cultural vitality in these livable
tion of the funded projects, provided that the Section 515 loan that are set to mature in
rural communities.
Federal interest in the funded facilities is The agreement remains concerned about the subsequent fiscal year and subsequent 10
adequately secured, whether through a lien, IT systems within Rural Development (RD) fiscal years. In addition, the Secretary is di-
a letter of credit, a right to recoup payments and still awaits the requested briefing about rected to provide quarterly reports to the
(in the case of awardees the Secretary deems the status of the Comprehensive Loan Pro- Committees on transfers between vouchers
to be low-risk), or some alternate security. gram. The agreement directs the Depart- and the housing preservation demonstration
ReConnect funding for service areas where program within the Multi-Family Housing
ment to provide a comprehensive report on
High-Cost USF recipients under the CAF–II Revitalization Program Account.
how RD plans to modernize Rural Develop-
auction have buildout obligations of 25/3 MUTUAL AND SELF-HELP HOUSING GRANTS
ment’s aging technology systems, including
Mbps or greater for fixed terrestrial a detailed cost breakdown for each system,
broadband can only be requested by the enti- The agreement provides $31,000,000 for Mu-
the priority level, and the estimated tual and Self-Help Housing Grants.
ty that is receiving such USF support. timeline for completion within 120 days of
Project sponsors that receive USF support in enactment of this Act.
RURAL HOUSING ASSISTANCE GRANTS
those areas may only apply for funds that The agreement provides $45,000,000 for
RURAL HOUSING SERVICE
serve those areas from the 100% loan funding Rural Housing Assistance Grants.
category under the ReConnect Program. For RURAL HOUSING INSURANCE FUND PROGRAM
The following table reflects the grant lev-
purposes of clarification, this limitation on ACCOUNT
els provided by the agreement:
eligibility shall only apply to those areas (INCLUDING TRANSFERS OF FUNDS)
(Dollars in thousands)
(e.g., study areas or census blocks) for which The agreement provides a total subsidy of
the USF CAF–II recipient is subject to a $492,274,000 for activities under the Rural Very low income housing repair grants .................................... $30,000
buildout obligation of 25/3 Mbps or greater Housing Insurance Fund Program Account. Housing preservation grants ..................................................... 15,000
for fixed terrestrial broadband. The Committees still await the multi-fam- Total, grant program ........................................................ $45,000
The Secretary is encouraged to support ef- ily housing preservation plan requested in S.
forts to increase transparency and follow the Rept. 116–110 describing how the Department
notice and comment rulemaking procedures intends to preserve all viable Section 514 and RURAL COMMUNITY FACILITIES PROGRAM
of the Administrative Procedure Act (Public 515 properties in the portfolio and direct the ACCOUNT
Law 79–404) with respect to all program ad- Department to submit this report imme- (INCLUDING TRANSFERS OF FUNDS)
ministration and activities, including pub- diately.
The agreement directs the Department to The agreement provides $74,000,000 for the
lishing a written decision on RUS’ website of Rural Community Facilities Program Ac-
how challenges were decided and the agen- submit a report regarding the status and ini-
tial outcomes of the Section 502 Tribal re- count.
cy’s reasons for such decision. The agreement notes that the Agriculture
The Agriculture Improvement Act of 2018 lending program in South Dakota, including
program structure, management, and gen- Improvement Act of 2018 established a selec-
(Public Law 115–334) included new authori-
eral demographic information on the loan re- tion priority under Community Facilities
ties for rural broadband programs that gar-
cipients. loans and grants for projects that combat
nered broad stakeholder support as well as
The following table indicates loan, subsidy, substance use disorder in rural America. The
bipartisan, bicameral agreement in Con-
and grant levels provided by the agreement: statutory priority emphasizes prevention,
gress. Therefore, the Secretary is directed to
(Dollars in thousands) treatment, and recovery, and the agreement
provide a report on how the Department
encourages the Department to fund these
plans to utilize these authorities to deploy
Loan authorizations: community-based facilities. Additionally,
broadband connectivity to rural commu-
Single family housing (sec. 502) the agreement recognizes that rural commu-
nities.
Direct ..................................................................................... $1,000,000 nities are particularly vulnerable to the im-
The agreement encourages the Department Unsubsidized guaranteed ...................................................... 24,000,000
to consider the mission and scope of all pro- pacts of natural disasters, including
Housing repair (sec. 504) .......................................................... 28,000 wildfires, tornadoes, floods, landslides, and
gram applicants, including community col- Rental housing (sec. 515) ......................................................... 40,000
leges, hospitals and other regional public Multi-family guaranteed (sec. 538) .......................................... 230,000
other extreme weather events and that these
service entities and their ability to effec- Site development loans (sec. 524) ............................................ 5,000 communities often lack the resources nec-
tively address rural depopulation struggles. Credit sales of acquired property .............................................. 10,000 essary to prepare for and respond to these
These entities are often located in regional Self-help housing land development (sec. 523) ....................... 5,000 occurrences. The agreement also encourages
Farm labor housing ................................................................... 28,000 the Secretary to consider projects that will
‘‘hub’’ communities larger than the program Total, Loan authorizations ................................................ $25,346,000
population limits, yet without these critical enhance the ability of rural communities to
services many of the surrounding smaller recover from or prepare for a natural dis-
Loan subsidies, grants & administrative expenses: aster.
towns could not exist and prosper. The Single family housing (sec. 502)
agreement encourages the Secretary to Direct ..................................................................................... $55,400
The agreement directs USDA to provide a
make grants and loans available to these in- Housing repair (sec. 504) .......................................................... 2,215 report on the Community Facilities Direct
stitutions in order to serve rural areas. Rental housing (sec. 515) ......................................................... 6,688 and Guaranteed Loan Programs that in-
The agreement provides $5,000,000 for the Farm labor housing (sec. 514) .................................................. 5,093 cludes the number of approved and non-ap-
RISE grant program enacted as part of the Site development loans (sec. 524) ............................................ 355 proved applications for fiscal years 2017–2020
Self-help land development (sec. 523) ..................................... 269 within the North American Industry Classi-
Agriculture Improvement Act of 2018 (Public Total, loan subsidies ............................................................. 70,020
Law 115–334). These grants have the potential fication System, and loan processing times
with strategies to make the loan review
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to help struggling communities by funding Farm labor housing grants ........................................................ 10,000
jobs accelerators in low-income rural areas. Total, loan subsidies and grants .......................................... 80,020 process more efficient. The report shall be
The agreement recommends funding be submitted within 180 days of enactment of
prioritized for entities leveraging next gen- Administrative expenses (transfer to RD) ................................. 412,254 this Act.
Total, Loan subsidies, grants, and administrative ex- The following table reflects the loan, sub-
eration gigabit broadband service to promote
penses .......................................................................... $492,274 sidy, and grant amounts provided by the
entrepreneurship and entities based in geo-
graphical areas with established agriculture agreement:
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7889
(Dollars in thousands) the amounts made available, $3,000,000 is for Telecommunications Loans Program Ac-
Agriculture Innovation Centers, $12,000,000 is count.
Loan authorizations: for the Value-Added Producer Grant Pro- The following table indicates loan levels
CF direct loans ...................................................................... $2,800,000 provided by the agreement:
gram, and $2,800,000 is for the Appropriate
CF guaranteed loans ............................................................. 500,000
Loan subsidies and grants: Technology Transfer for Rural Areas Pro- (Dollars in thousands)
CF grants ............................................................................... 32,000 gram.
Non-Conforming Subsidy ....................................................... 25,000 The agreement encourages funding for the Loan authorizations:
Rural Community Development Initiative ............................. 6,000 Agriculture Innovation Centers to prioritize Electric:
Economic Impact Initiative ................................................... 6,000 previously-hosted USDA Agriculture Innova- Direct, FFB ................................................................... $5,500,000
Tribal college grants ............................................................. 5,000 tion Centers where the State continues to Guaranteed underwriting ............................................. 750,000
Total, subsidy and grants ................................................ $74,000 Subtotal, electric ......................................................... 6,250,000
demonstrate support and provide non-Fed-
eral grant funding to producers developing, Telecommunications:
RURAL BUSINESS—COOPERATIVE SERVICE producing, and marketing value-added agri- Direct, treasury rate .................................................... 345,000
cultural and food products. Prior year or Direct, FFB ................................................................... 345,000
RURAL BUSINESS PROGRAM ACCOUNT
current grant awardees shall be eligible for Loan subsidy:
(INCLUDING TRANSFERS OF FUNDS) Direct, treasury rate .................................................... 2,277
these funds.
The agreement provides $56,400,000 for the The agreement requests that the Depart- Total, loan authorizations ................................................ 6,940,000
Rural Business Program Account. ment submit a report within 90 days of en-
The agreement recognizes that strong Administrative expenses .................................................. 33,270
actment of this Act on implementation of Total, budget authority ........................................... $35,547
partnerships exist between RD and Federal Section 6306 of the Agriculture Improvement
Regional Commissions and Authorities and Act of 2018 (Public Law 115–334), including a
encourages RD to coordinate with the Re- projected timeline for full implementation of DISTANCE LEARNING, TELEMEDICINE, AND
gional Commissions to promote efficiency this provision. BROADBAND PROGRAM
during the grant planning and review proc- The agreement recognizes the importance The agreement provides $97,000,000 for the
ess. Additionally, the agreement encourages of economic development in rural commu- Distance Learning, Telemedicine, and
RD to ensure flexible processes are available nities and the unique challenges to business Broadband Program.
for each Regional Commission as appro- growth in these areas. The agreement directs The agreement requests an update on the
priate. USDA to evaluate the feasibility of awarding
The agreement encourages USDA to part- status of implementation of the rec-
multi-year Rural Business Development ommendations published in the Government
ner with States and other interested part- Grants and to report to Congress within 1
ners to build and refurbish food hub and food Accountability Office (GAO) report GAO–18–
year of enactment of this Act on the barriers 682 within 90 days of enactment of this Act.
distribution centers that serve rural farmers to implementing such a proposal.
but may be located in urban areas. States with challenging, mountainous ter-
The agreement directs that Value-Added rain incur higher costs when it comes to
The agreement recognizes the dynamic na-
Producer Grants be prioritized to support broadband deployment and the agreement
ture of our rural coastal economies that are
the production of value-added agricultural encourages the Secretary to factor this in
often economically diminished by the loss of
products referenced in S. Rept. 116–110 with when evaluating Community Connect Pro-
natural resource-related jobs and have been
significant potential to expand production gram funding.
the first to feel the negative effects of a
and processing in the United States. The following table indicates loan levels
changing climate. As new agriculture-re-
lated economic opportunities continue to RURAL MICROENTREPRENEUR PROGRAM provided by the agreement:
present themselves to these rural commu- The agreement provides $6,000,000 for the (Dollars in thousands)
nities, such as value-added seafood proc- Rural Microentrepreneur Program.
essing, the agreement encourages the use of RURAL ENERGY FOR AMERICA PROGRAM Loan authorizations:
Broadband telecommunications .................................. $11,869
Rural Business Development Grants in rural The agreement provides $392,000 for the Total, loan authorization .................................................. 11,869
coastal communities to support innovation Rural Energy for America Program.
and job growth within all sectors, particu- RURAL UTILITIES SERVICE Subsidy and grants:
larly in the case of public-private partner- Distance learning and telemedicine grants ............... 60,000
RURAL WATER AND WASTE DISPOSAL PROGRAM
ships and cross-jurisdictional efforts. Broadband telecommunications program: .................. ..............................
The following table reflects the loan, sub- ACCOUNT
Direct (treasury rate loans) ......................................... 2,000
sidy, and grant levels provided by the agree- (INCLUDING TRANSFERS OF FUNDS) Grants .......................................................................... 35,000
ment: The agreement provides $621,567,000 for the Total, subsidies and grants ................................... $97,000
(Dollars in thousands) Rural Water and Waste Disposal Program
Account; including $68,000,000 for water and
Loan level: waste disposal systems grants for Native TITLE IV DOMESTIC FOOD PROGRAMS
Business and industry guaranteed loans ............................. $1,000,000 Americans, including Native Alaskans, and OFFICE OF THE UNDER SECRETARY FOR FOOD,
Loan subsidy and grants: the Colonias. The agreement recognizes the NUTRITION, AND CONSUMER SERVICES
Business and industry guaranteed loans ............................. 10,400
Rural business development grants ..................................... 37,000
special needs and problems for delivery of The agreement provides $809,000 for the Of-
Delta Regional Authority/Appalachian Regional Commis- basic services to these populations and en- fice of the Under Secretary for Food, Nutri-
sion/Northern Border Regional Commission ..................... 9,000 courages the Secretary to distribute these tion, and Consumer Services.
Total, Rural Business Program subsidy and grants ........ $56,400 funds in line with the fiscal year 2014 dis- The agreement directs USDA to determine
tribution to the degree practicable. ways to streamline the application process
The following table reflects the loan, sub- for organizations participating in both the
INTERMEDIARY RELENDING PROGRAM FUND sidy, and grant levels provided by the agree- Summer Food Service Program and the
ACCOUNT ment: Child and Adult Care Food Program to re-
(INCLUDING TRANSFER OF FUNDS) (Dollars in thousands) duce the administrative burden for pro-
The agreement provides $7,407,000 for the viders. USDA is directed to consider allowing
Intermediary Relending Program Fund Ac- Loan authorizations: organizations in good standing for 3 years
count. Water and waste direct loans ..................................... $1,400,000 participating in both programs to file only
The following table reflects the loan and Water and waste guaranteed loans ............................ 50,000 one application to administer both programs
Subsidies and grants:
subsidy levels provided by the agreement: each year and to provide a report on steps
Water and waste direct loan subsidy ......................... –––
(Dollars in thousands) Guaranteed loan subsidy ............................................ 60 taken to address this issue, including any ad-
Water and waste revolving fund ................................. 1,000 ditional streamlining actions the agency
Loan level: Water well system grants ........................................... 5,000 would recommend but lacks the authority to
Estimated loan level ............................................................. $18,889 Grants for Colonias, Native Americans, and Alaska execute.
Subsidies and administrative expenses: Native Villages ........................................................ 68,000 The agreement encourages the Secretary
Direct loan subsidy level ....................................................... 2,939 Water and waste technical assistance grants ........... 35,000 to incorporate and utilize tribally-raised
Administrative expenses ........................................................ 4,468 Circuit Rider program ................................................. 20,157 bison meat into Tribal food distribution pro-
Subtotal, subsidies and administrative expenses ................ $7,407 Solid waste management grants ................................ 4,000
High energy cost grants .............................................. 10,000
grams to address the health concerns of
Water and waste disposal grants ............................... 463,350 American Indians.
RURAL ECONOMIC DEVELOPMENT LOANS 306A(i)(2) grants ......................................................... 15,000 The agreement strongly encourages FNS
PROGRAM ACCOUNT to continue to work closely with relevant
Total, subsidies and grants ................................... $621,567 stakeholders in States with frontier commu-
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The agreement provides $50,000,000 for the
Rural Economic Development Loans Pro- nities to support locally-designed initiatives
gram Account. RURAL ELECTRIFICATION AND TELECOMMUNI- to increase food security, help communities
CATIONS LOANS PROGRAM ACCOUNT adapt to changing growing conditions, pro-
RURAL COOPERATIVE DEVELOPMENT GRANTS
(INCLUDING TRANSFER OF FUNDS) vide opportunities for economic develop-
The agreement provides $26,600,000 for ment, and develop capacity to grow more
Rural Cooperative Development Grants. Of The agreement provides $35,547,000 for ac-
food locally. The agreement directs FNS to
tivities under the Rural Electrification and
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H7890 CONGRESSIONAL RECORD — HOUSE December 21, 2020
collaborate with AMS in implementing TOTAL OBLIGATIONAL AUTHORITY—Continued identify additional Native American and
Micro-Grants for Food Security. (Dollars in thousands) Alaska Native producers of traditional foods,
The agreement is concerned about the ef- including wild salmon, caribou, reindeer,
fects specific changes in SNAP eligibility School breakfast program ..................................................... 5,039,086 elk, and other foods; and its plans to pur-
can have on children, seniors, individuals Child and adult care food program ...................................... 4,015,116 chase additional traditional foods from a
Summer food service program .............................................. 551,944
with disabilities, and rural and poor commu- greater number of indigenous producers and
Special milk program ............................................................ 7,309
nities. The Secretary is encouraged to in- State administrative expenses .............................................. 317,044 businesses.
clude these State-by-State demographic pro- Commodity procurement ........................................................ 1,460,769 The agreement directs the Secretary to
files in the regulatory impact analysis for Team Nutrition ....................................................................... 18,004 continue reviewing and evaluating the
any newly proposed or currently pending eli- Food safety education ............................................................ 2,988 verification process of earned income at cer-
gibility criteria changes. Coordinated review ................................................................ 10,000 tification and recertification of applicant
Computer support and processing ........................................ 19,366 households for the SNAP program using elec-
FOOD AND NUTRITION SERVICE CACFP training and technical assistance ............................. 34,214 tronic data matching. The agreement pro-
CHILD NUTRITION PROGRAMS Child Nutrition Program studies and evaluations ................ 15,299
vides $5,000,000 for continued implementation
(INCLUDING TRANSFERS OF FUNDS) Child Nutrition payment accuracy ......................................... 11,427
Farm to school tactical team ................................................ 4,077
of the National Accuracy Clearinghouse
The agreement provides $25,118,440,000 for School meals equipment grants ............................................ 30,000 (NAC) and strongly urges the Department to
Child Nutrition Programs, including Summer EBT demonstration .................................................. 42,000 move forward with the NAC to prevent dupli-
$1,000,000 in Team Nutrition to help schools Total .............................................................................. $25,118,440 cative issuances of SNAP benefits and im-
meet the sodium reduction targets. prove program integrity. The agreement re-
The agreement recognizes the highly nutri- quests an update on the progress of the NAC
tious value of pulse crops for children and SPECIAL SUPPLEMENTAL NUTRITION PROGRAM within 60 days of enactment of this Act.
encourages FNS to support school food au- FOR WOMEN, INFANTS, AND CHILDREN (WIC) The agreement directs FNS to provide an
thorities in sourcing and serving pulse crops The agreement provides $6,000,000,000 for update on the implementation of controls to
to build greater awareness of the number and the Special Supplemental Food Program for address the reconciliation of data discrep-
variety of pulse crop products and pulse in- Women, Infants, and Children, which fully ancies across administration systems and re-
gredients available. funds anticipated participation for fiscal tailers that provide benefits to individuals
The agreement recognizes the benefits the year 2021. The agreement provides $90,000,000 using fraudulent credentials, as well as data
Summer Electronic Benefits Transfer (EBT) for the breastfeeding peer counselor program demonstrating whether the controls have re-
program has had on reducing childhood hun- and $14,000,000 for infrastructure. duced error rates.
ger. The agreement provides an increase of The agreement encourages USDA to col- The Department is reminded that SNAP
$7,000,000 and directs the Department to ex- laborate with the Department of Health and funding is not to be used in contravention of
pand the program into new areas. Further, Human Services on the development of uni- section 107(b) of Division A of the Victims of
the agreement directs the Secretary to also form, evidence-based nutrition education Trafficking and Violence Protection Act of
fund the program in the same manner and materials in order to best serve WIC-eligible 2000 (114 Stat. 1475; 22 U.S.C. 7105(b)).
same States and tribal organizations as were pregnant women and caregivers to infants The agreement provides the following for
funded in fiscal year 2020. The agreement impacted by Neonatal Abstinence Syndrome. SNAP:
also encourages the Secretary to prioritize The work of the National Academies of
Summer EBT projects through the SNAP Science (NAS) to review and make rec- TOTAL OBLIGATIONAL AUTHORITY
model. ommendations for updating the WIC food (Dollars in thousands)
Since the scope of some Farm to School packages to reflect current science and cul-
projects has expanded in recent years, the tural factors is recognized. The agreement Benefits ............................................................................ $101,795,982
agreement provides an increase of $3,000,000 notes, however, that while all revised pack- Contingency reserve ......................................................... 3,000,000
and has included language to allow max- Administrative costs:
ages now allow some fish, the amounts re- State administrative costs .......................................... 5,313,427
imum grant amounts to increase to $500,000. main low compared to the recommendations Nutrition Education and Obesity Prevention Grant
Of the grant funds provided, the agreement of other authoritative health agencies. The Program ................................................................... 448,000
directs the Secretary to use $500,000 to form agreement strongly encourages the Depart- Employment and Training ........................................... 625,778
at least one cooperative agreement with an ment to consider the health and cultural Mandatory other program costs .................................. 278,934
established entity, such as a regional Farm benefits of fish consumption as the NAS rec- Discretionary other program costs .............................. 998
to School institute, for the creation and dis- ommendations are reviewed and used to in- Administrative subtotal ................................................... 6,667,137
semination of information on farm to school form the Department’s next course of action. Nutrition Assistance for Puerto Rico (NAP) ..................... 2,037,976
program development and to provide practi- The agreement also strongly encourages the American Samoa .............................................................. 8,185
tioner education, training, ongoing school Department to continue to allow states to Food Distribution Program on Indian Reservations ........ 162,150
year coaching, and technical assistance. submit cultural food package proposals to TEFAP commodities .......................................................... 342,000
The agreement remains concerned with the respond to the cultural preferences of WIC Commonwealth of the Northern Mariana Islands ........... 12,148
practice of lunch shaming and reminds the participants in states like Alaska. Community Food Projects ................................................ 5,000
Secretary of the directive from fiscal year The agreement is aware that Federal law Program access ............................................................... 5,000
2020 to provide guidance to program opera- Subtotal ............................................................................ 2,572,459
requires State agencies administering WIC
tors to address this ongoing issue. Such guid- to keep a list of authorized WIC wholesalers,
ance should include identifying approaches Total ........................................................................ $114,035,578
distributors, retailers, and manufacturers
that protect children from public embarrass- and requires that vendors only purchase in-
ment, encouraging all communications fant formula from that list of authorized COMMODITY ASSISTANCE PROGRAM
about unpaid school lunch fees be directed to suppliers. The agreement is concerned that
the parent or guardian, and encouraging The agreement provides $426,700,000 for the
some State agencies may not adequately Commodity Assistance Program.
schools to take steps to ensure all students audit distributors and retailers. Therefore, The agreement provides $325,000,000 for the
who qualify for free and reduced meals are the agreement directs FNS to develop and Commodity Supplemental Food Program.
efficiently enrolled to receive them. disseminate a best practices document for The agreement also provides $21,000,000 for
Of the $485,000,000 appropriated for Child State agencies to increase enforcement of the Farmers’ Market Nutrition Program and
Nutrition Programs Entitlement Commod- the authorized supplier purchase require- directs the Secretary to obligate these funds
ities under Section 714 of this Act, $20,000,000 ments. within 45 days of enactment of this Act. The
shall be proportionally offered to States
SUPPLEMENTAL NUTRITION ASSISTANCE agreement maintains the fiscal year 2020
based on the number of breakfasts served in
PROGRAM level of $79,630,000 for administrative funding
the preceding school year.
The agreement directs USDA to submit a The agreement provides $114,035,578,000 for for the Emergency Food Assistance Program
report within one year of enactment of this the Supplemental Nutrition Assistance Pro- (TEFAP). The agreement encourages the
Act describing the number of Summer Food gram (SNAP). Secretary to identify opportunities for in-
Service Program grantees, the States in The agreement encourages FNS, in col- creasing the supply of TEFAP commodities
which they operate, the innovative methods laboration with AMS, to provide information through bonus and specialty crop purchases.
of food delivery by non-congregate means to the FDPIR community on how tribal ven- The Department shall make available to the
and in non-congregate settings, the innova- dors can sell foods to USDA for use in food States domestically produced catfish fillets
tive methods used, and the number of addi- distribution programs. The Secretary is di- for distribution to local agencies.
tional youth served as a result. rected to notify the Committees of the De- NUTRITION PROGRAMS ADMINISTRATION
partment’s efforts to engage tribes in the
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The agreement provides the following for The agreement provides $156,805,000 for Nu-
Child Nutrition Programs: demonstration program and tribal participa- trition Programs Administration.
tion in fiscal year 2020. The agreement fur- The agreement continues to be interested
TOTAL OBLIGATIONAL AUTHORITY ther directs the Department to provide a re- in the decision-making process leading up to
(Dollars in thousands) port detailing its plans to increase the the development of the 2020 Dietary Guide-
amount and variety of traditional foods in- lines for Americans. The agreement is espe-
School lunch program ............................................................ $13,539,797 cluded in FDPIR food baskets; its plans to cially interested to know if USDA considered
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7891
in their decision-making the recommenda- spoilage from farm-to-market. Preventing Within the increases provided for food safe-
tions included in the National Academy of food loss and implementing a robust cold ty activities, the agreement provides
Sciences, Engineering, and Medicine Sep- food chain results in substantial benefits $5,000,000 for Regulatory Activities Associ-
tember 2017 report entitled ‘‘Redesigning the such as increased nutrition, a safer food sup- ated with Cannabis and Cannabis Deriva-
Process for Establishing the Dietary Guide- ply, greater economic opportunity, increased tives; $6,000,000 for a Shrimp Import Inspec-
lines for Americans’’. It is imperative that resilience, and improved agricultural produc- tion Pilot Program; $1,250,000 for Allergen
these guidelines and future guidelines be tivity. The agreement encourages the De- Labeling; $1,000,000 for Strengthening
based upon strong and balanced science as partment to give strong consideration to the Foodborne Outbreak Activities; $1,000,000 for
well as focused on providing consumers with use of cold chain technologies and include Cosmetics; and, $1,000,000 for the National
dietary and nutritional information that will the development of appropriate cooling tech- Antimicrobial Resistance Monitoring Sys-
assist them in eating a healthy and balanced nologies in programs, policies, and strategic tem.
diet. Section 796 describes the requirements plans aimed at hunger prevention and food Within the increases for Crosscutting,
of a study to be conducted by the National security in developing agricultural markets. Agency-wide support initiatives, the agree-
Academy of Sciences, Engineering, and Med- FOOD FOR PEACE TITLE I DIRECT CREDIT AND ment provides $7,000,000 for Artificial Intel-
icine within a year of enactment of this Act. FOOD FOR PROGRESS PROGRAM ACCOUNT ligence activities, and $1,000,000 for the Office
The agreement provides a one-time increase of the Chief Counsel.
(INCLUDING TRANSFER OF FUNDS) The agreement is concerned that the re-
of $1,000,000 for this review and cor-
responding report. The agreement provides $112,000 for admin- cent FDA Draft Guidance for Industry on
istrative expenses for the Food for Peace Voluntary Disclosure of Sesame is insuffi-
TITLE V Title I Direct Credit and Food for Progress cient to protect Americans with sesame al-
FOREIGN ASSISTANCE AND RELATED Program Account to be transferred to and lergy, and directs FDA to consider further
PROGRAMS merged with the appropriation for ‘‘Farm action to require sesame to be labeled the
OFFICE OF THE UNDER SECRETARY FOR TRADE Production and Conservation Business Cen- same as other major allergens.
AND FOREIGN AGRICULTURAL AFFAIRS ter, Salaries and Expenses’’. The agreement encourages FDA to work
The agreement provides $887,000 for the Of- FOOD FOR PEACE TITLE II GRANTS with the Type 1 diabetes community on the
fice of the Under Secretary for Trade and The agreement provides $1,740,000,000 for assessment of potential diabetes biomarkers
Foreign Agricultural Affairs. Food for Peace Title II Grants. related to islet autoimmunity, which might
The agreement directs the Department to help inform the design of clinical studies.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR As previously noted, the agreement pro-
publish an annual report describing the re- EDUCATION AND CHILD NUTRITION PROGRAM
cipients of funds, including the quantity and vides $5,000,000 to support regulatory activi-
GRANTS ties, including developing policy, and for
specific uses of such funding awards, granted
The agreement provides $230,000,000 for the FDA to continue to perform its existing reg-
through the Market Access Program and the
McGovern-Dole International Food for Edu- ulatory responsibilities, including review of
Foreign Market Development Program for
cation and Child Nutrition Program. product applications, inspections, enforce-
the purpose of promoting agricultural sales,
to ensure compliance with Section 3201 of COMMODITY CREDIT CORPORATION EXPORT ment, and targeted research for cannabis-de-
Public Law 115–334. (LOANS) rived substances, such as cannabidiol (CBD).
The Secretary is directed to publish a re- CREDIT GUARANTEE PROGRAM ACCOUNT To provide more clarity to industry and the
port on the nutrition outcomes achieved public, FDA is directed to work with OMB on
(INCLUDING TRANSFERS OF FUNDS)
over the past 12 months by the McGovern- issuing policy guidance in a timely manner
The agreement provides $6,381,000 for the regarding enforcement discretion.μ When ap-
Dole International Food for Education and Commodity Credit Corporation Export
Child Nutrition Program and the Food for propriate, FDA is encouraged to ensure that
(Loans) Credit Guarantee Program Account. any future regulatory activity does not dis-
Peace Title II program. The report should be
TITLE VI courage the development of new drugs. The
publicly available and track progress to-
wards global targets on stunting, wasting, RELATED AGENCY AND FOOD AND DRUG agreement also encourages FDA to partner
anemia, and breastfeeding. ADMINISTRATION with an academic institution to expand sam-
DEPARTMENT OF HEALTH AND HUMAN SERVICES pling studies of CBD products currently on
OFFICE OF CODEX ALIMENTARIUS
the market.
The agreement provides $4,805,000 for the FOOD AND DRUG ADMINISTRATION
The agreement is concerned about the pro-
Office of Codex Alimentarius. SALARIES AND EXPENSES liferation of products marketed using stand-
FOREIGN AGRICULTURAL SERVICE The agreement provides $3,201,928,000 in ards of identity for dairy products that do
SALARIES AND EXPENSES
discretionary budget authority and not contain dairy ingredients. The agree-
$2,674,097,000 in definite user fees for a total ment directs FDA to provide clarity around
(INCLUDING TRANSFERS OF FUNDS) of $5,876,025,000 for Food and Drug Adminis- the appropriate naming of plant-based dairy
The agreement provides $221,835,000 for the tration (FDA), Salaries and Expenses. This alternatives and report to the Committees
Foreign Agricultural Service, Salaries and total does not include permanent, indefinite within 90 days of enactment of this Act on
Expenses and a transfer of $6,063,000. user fees for: the Mammography Quality steps taken to enforce against such alter-
The agreement provides increases of Standards Act; Color Certification; Export natives.
$1,540,000 for International Cooperative Ad- Certification; Priority Review Vouchers Pe- The agreement supports ongoing collabora-
ministrative Support Services, $258,000 for diatric Disease; Food and Feed Recall; Food tions between the medical product centers
Capital Security Cost Sharing, $2,500,000 for Reinspection; Voluntary Qualified Importer related to the development of treatments for
locally employed staff, $727,000 for Program; the Third Party Auditor Program; neurodegenerative diseases, including public
rightsizing, and $1,297,000 for pay costs and Outsourcing Facility; and Over-the-Counter outreach efforts and the development of pol-
retirement contributions. The agreement Monograph. icy, guidance, and educational training that
also continues to fully fund the Borlaug Fel- The agreement expects FDA to continue is consistent across centers and aligns policy
lows Program and the Cochran Fellowship all programs, projects, activities, and labora- guidance with agency actions. FDA is di-
Program. tories, as included in fiscal year 2020 unless rected to provide a briefing updating the
The agreement notes that last year’s otherwise specified, and maintains the Committees on efforts to date and plans for
H.Rpt. 116–107 directed USDA to provide a $1,500,000 transfer to the Health and Human future collaborations within the agency and
briefing on how USDA can maximize its par- Services’ Inspector General for its audit and with external stakeholders to combat
ticipation in the John Ogonowski and Doug oversight work involving FDA. neurodegenerative diseases.
Bereuter Farmer-to-Farmer program (Farm- The agreement provides a net increase of The agreement notes that imported human
er-to-Farmer). Due to the lack of such infor- $42,250,000, of which $22,000,000 is for medical food continues to have higher pesticide vio-
mation provided to the Committees, the product safety, $15,250,000 is for food safety lation rates than domestically produced food
agreement directs USDA to provide a follow- activities and $8,000,000 is for cross cutting and directs FDA to continue to partner with
up brief which would include a list of rec- initiatives supporting both medical and food State inspection services and develop emerg-
ommendations for how to enhance its par- safety. The agreement also assumes savings ing technologies to enhance the imported
ticipation in Farmer-to-Farmer, including a of $3,000,000 from the one-time, fiscal year food sampling efforts. Additionally, the
discussion of how Farmer-to-Farmer can 2020 appropriation of $5,000,000 for the ma- agreement encourages FDA to work with
work collaboratively with other USDA-fund- chine learning pilot program. partners such as the U.S. International
ed programs such as 4–H, the Cooperative Ex- Within the increases provided for medical Trade Commission to conduct a multi-year
tension System, the McGovern-Dole Inter- product safety, the agreement includes data review to better identify imported food
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national Food for Education and Child Nutri- $9,000,000 for Transforming Medical Device samples that are more likely to have pes-
tion Program, and other government agen- Safety, Cybersecurity, Review, and Innova- ticide violations to assess whether giving
cies such as U.S. Fish and Wildlife Service. tion; $5,000,000 for Modernizing Influenza special attention to certain imported prod-
The agreement is aware that the lack of Vaccines; $3,500,000 for Foreign Unannounced ucts with significantly higher rates of viola-
comprehensive cold food chain systems is Human Drug Inspection Pilots; $2,500,000 for tions compared to domestic products would
one of the main causes of food loss and re- Rare Cancer Therapeutics; and, $2,000,000 for change the planning of the pesticide sam-
sults in a significant percentage of food Drug Compounding. pling plan for future years.
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H7892 CONGRESSIONAL RECORD — HOUSE December 21, 2020
The agreement remains concerned about ceutical manufacturers to evaluate and pro- drug interactions and adverse events. There-
potential consumer confusion over FDA nu- mote streamlined approval requirements de- fore the agreement encourages FDA to assess
tritional labeling requirements and guide- signed to expedite the adoption and use of in- potential impacts of polypharmacy.
lines for added sugar for single ingredient novative glass packaging technologies with The agreement supports the agency’s work
products like maple syrup and honey, where the capacity to improve product quality, re- to promote the domestic manufacturing of
sugar is naturally occurring in the product duce product recalls, reduce drug shortages, drug and biological products and encourages
rather than added to the product. The agree- and protect public health. Such streamlined FDA to increase its effort to encourage the
ment notes that FDA issued guidance to the approval requirements should address sta- pharmaceutical industry to adopt advanced
industry on June 18, 2019, to verify that the bility testing and other relevant types of manufacturing technologies.μ The agree-
phrase ‘‘added sugar’’ is not required in the data to be submitted in support of product ment directs FDA to brief the Committees,
regulated portion of the nutrition facts label approval. within 90 days of enactment, on its efforts to
for these products. This guidance instructed The agreement recognizes the increased promote advanced manufacturing tech-
producers that the percent daily value would capabilities that FDA has developed to study nologies.
be required to appear on the label and al- environment, health, and safety of nano- The agreement directs FDA to submit a fi-
materials within FDA’s Jefferson Labora- nancial report to the Committees within 120
lowed for the voluntary use of a footnote to
tory Campus, including the National Center days of enactment of this Act, to be made
explain that this refers to a percent daily
for Toxicological Research, and its consoli- publicly available online, with respect to to-
value of ‘‘added sugar.’’ The agreement is
dated headquarters at White Oak, Maryland, bacco product user fees and their use to fund
concerned that continued use of the term
and expects FDA to continue to support col- programs and activities related to regulating
‘‘added sugar’’ in relation to percent daily tobacco products within FDA.
value will mislead consumers to think that laborative research with universities and in-
The agreement encourages FDA to con-
sugar has been added to a pure single-ingre- dustry on the toxicology of nanotechnology
tinue to invest in the science base for regu-
dient maple or honey product. Not later than products and processes in accordance with
latory decisions on botanical dietary supple-
60 days after the enactment of this Act, the the National Nanotechnology Initiative En-
ments.
Commissioner shall submit to the Commit- vironment, Health, and Safety Research The agreement encourages FDA to con-
tees a report updating FDA’s June 18, 2019, Strategy, as updated in October 2011. tinue to develop the necessary policy to ad-
guidance to the industry regarding the ‘‘Dec- The agreement remains deeply concerned vance the use of Decentralized Trials while
laration of Added Sugars on Honey, Maple about the opioid epidemic that has taken the still maintaining quality data necessary for
Syrup, Other Single-Ingredient Sugars and lives of thousands of Americans and con- FDA approval.
Syrups, and Certain Cranberry Products’’. tinues to support FDA’s investments into The agreement recommends FDA coordi-
The report shall include multiple examples International Mail Facilities to stop drugs nate with Customs and Border Protection’s
of factual and non-misleading statements de- from entering the United States. The agree- honey import testing program to detect eco-
scribing the applicable percent daily value of ment directs FDA to comply with Section nomically motivated adulteration in im-
sugar added to one’s diet that can be used by 3001 of the SUPPORT Act (Public Law 115– ported honey and take appropriate enforce-
producers and processors of honey, maple 271). The agreement continues to direct FDA ment actions, which may include the
syrup, other single-ingredient sugars and to refer any drug application for an opioid to issuance of import alerts if appropriate. The
syrups, and certain cranberry products as op- an advisory committee for their rec- agreement further recommends that FDA
tional explanatory statements to inform ommendations prior to approval, unless FDA consult with domestic honey producers on
consumers of the meaning of this component finds that holding such committee is not in its testing program and provide a report on
of the nutrition facts panel. the interest of protecting and promoting its progress on economically motivated adul-
The agreement is aware of the important public health. The agreement also directs teration testing of honey imports not later
contribution of the FDA Center for Food FDA to comply with Section 3032 of the SUP- than September 30, 2021.
Safety and Applied Nutrition Centers of Ex- PORT Act and encourages the agency to con- The SUPPORT Act (Public Law 115–271)
cellence (COEs) program in supporting crit- tinue to monitor the effectiveness of existing granted FDA new authority to require spe-
ical basic research as well as facilitating Opioid Analgesic Risk Evaluation and Miti- cial packaging for opioids and other drugs
Food Safety Modernization Act (FSMA) im- gations Strategy to determine whether fur- that pose a risk of abuse or overdose. The
ther modifications are necessary. agreement acknowledges FDA’s request for
plementation. The agreement encourages
The agreement notes that FDA is imple- information on requiring fixed-quantity blis-
FDA to continue to fully utilize the COE’s.
The agreement notes the challenges associ- menting policies to promote public access to ter packaging for certain opioids and urges
ated with the approval of complex generics information about how patient experience the agency to finalize this requirement to
information is factored into the review of ap- promote safe opioid handling and reduce the
and directs FDA to provide an update on the
proved products, and encourages FDA to con- risk of unintentional ingestion.
agency’s effort to expedite the approval of The agreement encourages FDA to con-
these products. tinue refining the instrument and ways to
improve its visibility and requests an update tinue to work with partners to use Real
The agreement directs FDA to provide a
on the status of such efforts. FDA is ex- World Evidence (RWE) to help evaluate vac-
briefing on the development of the 503B
cine safety and effectiveness in the post-
Bulks List and regulation of devices in- pected to provide an update on its efforts to
market setting and to further consider how
tended for corneal crosslinking procedures. include patient-experience information in
RWE can be included in product labels and
The agreement directs FDA to continue relevant labeling and accompanying docu-
promotional materials.
working with small farms to clarify require- mentation to inform patient/provider deci- The agreement urges FDA to complete the
ments for FSMA compliance. The agreement sion-making. single laboratory validation of the liquid
urges FDA to provide guidance, offer tech- FDA is directed to provide an update on chromatography mass spectrometry-based
nical assistance, and provide other resources the investigation it is undertaking regarding (LC–MS) method for detecting brevetoxins
to assist small farms with compliance. canine dilated cardiomyopathy (DCM) and association with neurotoxic shellfish poi-
The agreement is aware that some States the manner in which it has released informa- soning in molluscan shellfish, and encour-
that have entered into cooperative agree- tion to the public. The update shall include: ages the agency to work with the Interstate
ments under the State Produce Implementa- the case definition FDA uses to include or Shellfish Sanitation Conference to adopt
tion Cooperative Agreement Program are exclude cases and the scientific work ongo- FDA’s proposal for the LC–MS method for
considering changing the State agency re- ing at the agency and with collaborating brevetoxin testing of shellfish as an Ap-
sponsible for implementing these agree- partners for identifying a causation of DCM; proved Method under the National Shellfish
ments. FDA is directed to work with any how FDA distinguishes cases of DCM due to Sanitation Program.
State that designates a new implementing genetic predisposition in certain breeds; how The agreement is aware of the public
agency to ensure it can continue to receive the agency plans to work with pet food com- health challenge related to the naturally oc-
funding under existing cooperative agree- panies and the veterinary cardiology com- curring bacteria called Vibrio
ments without delay or loss of funding. munity during the investigation; and the parahaemolyticus. The agreement encour-
The agreement encourages FDA to work timing and nature of any future public re- ages FDA to focus resources into Vibrio ill-
diligently to include no less than two mem- porting. nesses associated with the consumption of
bers with an expertise in the indication the The agreement is aware of concerns with raw molluscan shellfish, improve risk assess-
drug is intended to treat or other relevant the ongoing presence of PFAS chemicals in ment models, and develop improved rapid de-
rare diseases on each Advisory Committee food packaging entering the stream of com- tection methods for virulent Vibrio strains.
when that Committee is reviewing a drug merce. The agreement directs FDA to review FDA’s growing staff will require the Gen-
that has been designated as an Orphan Drug, any new scientific information pertaining to eral Services Administration (GSA) to lease
and report the percentage of recommenda- PFAS chemicals and determine whether food additional office locations until GSA can im-
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tions made by Advisory Committees with re- packaging continues to meet the safety plement the 2018 Federal Research Master
spect to orphan drugs that include at least standards of a reasonable certainty of no Plan for the White Oak Campus. FDA and
two members with expertise in the indica- harm under intended conditions of use. GSA should consider the effect of local trav-
tion the drug is intended to treat or other The routine usage of five or more prescrip- el on staff productivity, adjacency to exist-
relevant rare diseases. tion medications within the same period is ing FDA locations, and the cost of lost pro-
The agreement encourages FDA to work becoming increasingly prevalent among ductivity when evaluating the costs of lease
with glass packaging suppliers and pharma- older adults, elevating risk factors for drug- proposals.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7893
The agreement provides specific amounts TITLE VII Section 735.—The bill includes language re-
by Food and Drug Administration activity as GENERAL PROVISIONS garding lobbying.
reflected in the following table: (INCLUDING RESCISSIONS AND TRANSFERS OF
Section 736.—The bill includes language re-
FUNDS)
lated to persistent poverty counties.
FOOD AND DRUG ADMINISTRATION SALARIES & EXPENSES Section 737.—The bill provides funding for
Section 701.—The bill includes language re- the Farm to School program.
(Dollars in thousands)
garding motor vehicles. Section 738.—The bill provides funding for
Section 702.—The bill includes language re- the Healthy Foods Financing Initiative.
Budget Authority:
garding the Working Capital Fund of the De- Section 739.—The bill provides funding for
Foods ................................................................................. $1,099,160
Center for Food Safety and Applied Nutrition .................. 343,789 partment of Agriculture. activities related to citrus greening.
Field Activities .............................................................. 755,371 Section 703.—The bill includes language Section 740.—The bill includes language re-
Human Drugs .................................................................... 689,195 limiting funding provided in the bill to one lated to investigational use of drugs or bio-
Center for Drug Evaluation and Research ........................ 510,226 year unless otherwise specified. logical products.
Field Activities .............................................................. 178,969 Section 704.—The bill includes language re- Section 741.—The bill includes language re-
Biologics ............................................................................ 254,138 garding indirect cost share. lated to the growing, harvesting, packing
Center for Biologics Evaluation and Research ................. 212,132 Section 705.—The bill includes language re-
Field Activities .............................................................. 42,006 and holding of certain produce.
garding the availability of loan funds in Section 742.—The bill provides funding for
Animal Drugs and Feeds ................................................... 192,369
Center for Veterinary Medicine .......................................... 123,599
Rural Development programs. grants to enhance farming and ranching op-
Field Activities .............................................................. 68,770
Section 706.—The bill includes language re- portunities for military veterans.
Devices and Radiological Products ................................... 408,108 garding new information technology sys- Section 743.—The bill includes language re-
Center for Devices and Radiological Health ..................... 323,103 tems. lated to the school breakfast program.
Field Activities .............................................................. 85,005 Section 707.—The bill includes language re- Section 744.—The bill includes language re-
National Center for Toxicological Research ........................... 66,712 garding fund availability in the Agriculture garding hemp.
Other Activities/Office of the Commissioner ......................... 194,951 Management Assistance program. Section 745.—The bill includes language re-
White Oak Consolidation ........................................................ 45,914 Section 708.—The bill includes language re-
Other Rent and Rent Related Activities ................................ 84,262
lated to Food and Drug Administration ad-
garding Rural Utilities Service program eli- vice about eating fish.
GSA Rent ................................................................................ 167,119
Subtotal, Budget Authority .................................................... 3,201,928
gibility. Section 746.—The bill provides funding for
Section 709.—The bill includes language re- grants under section 12502 of Public Law 115–
User Fees: garding funds for information technology ex- 334.
Prescription Drug User Fee Act ............................................. 1,107,199 penses for the Farm Service Agency and the Section 747.—The bill provides funding to
Medical Device User Fee and Modernization Act .................. 236,059 Rural Development mission area. carry out section 1621 of Public Law 110–246.
Human Generic Drug User Fee Act ........................................ 520,208 Section 710.—The bill includes language Section 748.—The bill provides funding to
Biosimilar User Fee Act ......................................................... 42,494 prohibiting first-class airline travel. carry out section 4003(b) of Public Law 115–
Animal Drug User Fee Act ..................................................... 33,340 Section 711.—The bill includes language re-
Animal Generic Drug User Fee Act ........................................ 22,797 334.
garding the availability of certain funds of Section 749.—The bill provides funding for
Tobacco Product User Fees .................................................... 712,000
Subtotal, User Fees ................................................................ 2,674,097 the Commodity Credit Corporation. the Water Bank program.
Section 712.—The bill includes language re- Section 750.—The bill includes language re-
Total, FDA Program Level ............................................. $5,876,025 garding funding for advisory committees. lated to Rural Economic Area Partnership
Section 713.—The bill includes language re- Zones.
garding IT system regulations. Section 751.—The bill provides funding to
BUILDINGS AND FACILITIES Section 714.—The bill includes language re- carry out section 3307 of Public Law 115–334.
garding Section 32 activities. Section 752.—The bill includes language re-
The agreement provides $12,788,000 for the Section 715.—The bill includes language re- lated to matching fund requirements.
Food and Drug Administration Buildings and garding user fee proposals without offsets. Section 753.—The bill provides funding for
Facilities. Section 716.—The bill includes language re- a pilot program related to multi-family
The agreement notes that several FDA- garding the reprogramming of funds and no- housing borrowers.
owned facilities need significant renovations tification requirements. Section 754.—The bill provides funding to
and repairs and that FDA assesses the condi- Section 717.—The bill includes language re- carry out section 12302 of Public Law 115–334.
tion of all owned facilities by updating its garding fees for the guaranteed business and Section 755.—The bill provides funding to
Backlog of Maintenance and Repair.μ FDA is industry loan program. carry out section 4208 of Public Law 115–334.
directed to annually provide a prioritized Section 718.—The bill includes language re- Section 756.—The bill provides funding to
list of projects to improve the condition of garding the appropriations hearing process. carry out section 12301 of Public Law 115–334.
FDA-owned facilities that have renovation Section 719.—The bill includes language re- Section 757.—The bill provides funding to
and repair needs.μ FDA is further directed to garding government-sponsored news stories. carry out section 7120 of Public Law 115–334.
annually provide a prioritized list of projects Section 720.—The bill includes language re- Section 758.—The bill provides funding to
to implement the Jefferson Labs Complex garding details and assignments of Depart- carry out section 7208 of Public Law 115–334.
Master Plan (MP), and upon its completion, ment of Agriculture employees. Section 759.—The bill includes language re-
to annually provide a prioritized list of Section 721.—The bill includes language re- lated to potable water.
projects to implement the MP for the quiring spend plans. Section 760.—The bill provides funding to
Section 722.—The bill includes language re- carry out section 4206 of Public Law 115–334.
Muirkirk Road location.
garding nutrition programs. Section 761.—The bill includes language re-
FDA INNOVATION ACCOUNT, CURES ACT Section 723.—The bill includes language re- garding Food for Peace.
garding Rural Development programs. Section 762.—The bill includes language re-
(INCLUDING TRANSFER OF FUNDS)
Section 724.—The bill includes language re- garding facilities inspections.
The agreement provides $70,000,000 for FDA garding USDA loan program levels. Section 763.—The bill provides funding to
as authorized in the 21st Century Cures Act. Section 725.—The bill includes language re- carry out section 2103 of Public Law 115–334.
garding credit card refunds and rebates. Section 764.—The bill includes language re-
INDEPENDENT AGENCY
Section 726.—The bill includes language re- lating to the use of raw or processed poultry
FARM CREDIT ADMINISTRATION garding the definition of the term ‘‘variety’’ products from the People’s Republic of China
LIMITATION ON ADMINISTRATIVE EXPENSES
in SNAP. in various domestic nutrition programs.
Section 727.—The bill includes language re- Section 765.—The bill includes funding for
The agreement includes a limitation of garding the Secretary’s authority with re- a seafood study.
$80,400,000 on administrative expenses of the spect to the 502 guaranteed loan programs. Section 766.—The bill includes funding to
Farm Credit Administration (FCA). Section 728.—The bill includes language re- support agricultural business innovation.
The agreement notes concern with the garding electronically available information Section 767.—The bill includes language re-
FCA final rule on eligibility criteria for out- for prescribing healthcare professionals. lated to certain school food lunch prices.
side directors. The rule could adversely im- Section 729.—The bill includes language re- Section 768.—The bill provides funding to
pact rural institutions as well as those al- garding FDA regulations with respect to carry out section 6424 of Public Law 115–334.
ready serving in outside director positions. spent grains. Section 769.—The bill provides funding for
The agreement encourages FCA to pause to Section 730.—The bill includes funding for Centers of Excellence.
take all comments into consideration since the Rural Energy Savings Program. Section 770.—The bill provides funding for
the rule was initially approved by the Board Section 731.—The bill includes language re- rural hospital technical assistance.
of Directors and to address these concerns. garding country or regional audits. Section 771.—The bill provides funding for
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Section 732.—The bill includes language re- a pilot program for wastewater systems in
The agreement recognizes the growing in- lated to Rural Development Programs. historically impoverished areas.
terest for U.S. hemp and hemp-based prod- Section 733.—The bill includes language re- Section 772.—The bill includes language re-
ucts for a variety of uses and directs FCA to lated to the Animal Welfare Act. garding animal contingency plans.
work with the institutions under its jurisdic- Section 734.—The bill includes language re- Section 773.—The bill provides funding to
tion to provide access to guaranteed loans garding U.S. iron and steel products in pub- carry out section 23 of the Child Nutrition
for hemp producers and businesses. lic water or wastewater systems. Act of 1966.
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H7894 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Section 774.—The bill includes language re- Section 784.—The bill includes language re- Section 795.—The bill includes language re-
lated to biotechnology risk assessment re- lated to the ReConnect program. lated to the Federal Meat Inspection Act.
search. Section 785.—The bill includes funding for Section 796.—The bill includes language re-
Section 775.—The bill provides funding for Child Nutrition Program training. lated to a National Academies of Sciences,
rural broadband. Section 786.—The bill includes language re-
Engineering, and Medicine report.
Section 776.—The bill provides funding to lated to the Agriculture Conservation Expe-
riences Services Program. Section 797.—The bill includes funding for
carry out section 12504 of Public Law 115–334.
Section 787.—The bill includes language re- a pilot program.
Section 777.—The bill provides funding to
carry out section 7209 of Public Law 115–334. lated to imported seafood. Section 798.—The bill includes funding for
Section 778.—The bill includes language re- Section 788.—The bill includes funding re- a blue-ribbon panel.
lated to genetically engineered salmon. lated to a working group.
Section 799.—The bill includes funding for
Section 789.—The bill includes language re-
Section 779.—The bill includes funding for a competitive research and education grant.
lated to school meals.
open data standards. Section 790.—The bill includes language re- Section 799A.—The bill provides funding to
Section 780.—The bill includes language re- lated to inspected foreign products. carry out section 12513 of Public Law 115–334.
lated to certain reorganizations within the Section 791.—The bill includes language re- Section 799B.—The bill includes language
Department of Agriculture. lated to the ReConnect program. regarding user fees.
Section 781.—The bill includes funding re- Section 792.—The bill includes funding for
lated to renewable energy. the Goodfellow Federal facility. Section 799C.—The bill includes language
Section 782.—The bill includes language Section 793.—The bill includes language re- regarding disaster programs.
extending the hemp pilot program. lated to broadband funding. Section 799D.—The bill includes emergency
Section 783.—The bill includes language Section 794.—The bill includes language re- funding for Agriculture Quarantine and In-
changing the due date of a study. lated to the Community Facilities program. spection Services.
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H7922 CONGRESSIONAL RECORD — HOUSE December 21, 2020
DIVISION B—COMMERCE, JUSTICE, TITLE I 10–874) that should include assessing the pri-
SCIENCE, AND RELATED AGENCIES AP- DEPARTMENT OF COMMERCE ority of resource utilization within GM; ana-
PROPRIATIONS ACT, 2021 INTERNATIONAL TRADE ADMINISTRATION lyzing the workforce and succession strategy
within U.S. and Foreign Commercial Service
The joint explanatory statement accom- OPERATIONS AND ADMINISTRATION
(USFCS), including the percentage of senior
panying this division is approved and indi- The agreement includes $541,000,000 in total leadership and workforce diversity and in-
cates congressional intent. Unless otherwise resources for the International Trade Admin- clusion; and reviewing the current manage-
noted, the language set forth in House Re- istration (ITA). This amount is offset by ment structure of GM after the merger of the
port 116–455 (‘‘the House report’’) carries the $11,000,000 in estimated fee collections, re- USFCS with the Market Access and Compli-
same weight as language included in this sulting in a direct appropriation of ance business unit.
joint explanatory statement and should be $530,000,000. The increased funding level is in-
BUREAU OF INDUSTRY AND SECURITY
complied with unless specifically addressed tended to support current services, requested
adjustments to base, and programmatic in- OPERATIONS AND ADMINISTRATION
to the contrary in this joint explanatory
statement or the Act. The explanatory state- creases highlighted herein. Additionally, the The agreement includes $133,000,000 for the
ment, while repeating some language for em- agreement modifies the House recommended Bureau of Industry and Security (BIS), an in-
phasis, is not intended to negate the lan- funding level for Enforcement and Compli- crease of $5,348,000 above the fiscal year 2020
guage referred to above unless expressly pro- ance (E&C) and supports an increase above enacted level. The increased funding level is
vided herein. In cases where the House report the fiscal year 2020 enacted level to meet intended to support current services, re-
directs the submission of a report, such re- ITA’s operational requirements for E&C and quested adjustments to base, and require-
port is to be submitted to both the House Industry and Analysis. Further, within the ments related to the product exclusion proc-
and Senate Committees on Appropriations funds provided the agreement includes up to ess for steel and aluminum tariffs applied
(‘‘the Committees’’). $1,000,000 for the establishment of the U.S. under section 232 of the Trade Expansion Act
Section of the Secretariat within the Depart- of 1962 (19 U.S.C. 1862).
Each department and agency funded in this ment of Commerce as authorized under sec- Export Control Regulatory Compliance Assist-
Act shall follow the directions set forth in tion 105 of the U.S.-Mexico-Canada Agree- ance.—BIS is directed to continue educating
this Act and the accompanying explanatory ment Implementation Act (Public Law 116– companies of all sizes on their obligations
statement, and shall not reallocate resources 113). related to export controls, consistent with
or reorganize activities except as provided Enforcement and Compliance.—Within the direction provided in Senate Report 116-127
herein. Reprogramming procedures shall amounts provided, the agreement includes and adopted by Public Law 116–93.
apply to: funds provided in this Act; unobli- the amounts requested for increases to man- Sanction Violations.—BIS is directed to con-
gated balances from previous appropriations age the anti-dumping and countervailing du- tinue providing a quarterly report regarding
Acts that are available for obligation or ex- ties (AD/CVD) workload and section 232 tariff the compliance of ZTE Corporation with the
penditure in fiscal year 2021; and non-appro- exclusion applications. The agreement ac- settlement agreement and relevant export
priated resources such as fee collections that knowledges the exponential growth in AD/ control laws, consistent with direction pro-
are used to meet program requirements in CVD orders and directs ITA to prioritize its vided in Senate Report 116 127 and adopted
fiscal year 2021. These procedures are speci- resources appropriately to support ITA’s by Public Law 116–93.
fied in section 505 of this Act. ability to continue making AD/CVD enforce- ECONOMIC DEVELOPMENT ADMINISTRATION
ment a priority, including self-initiating AD/ The agreement includes $346,000,000 for the
Any reprogramming request shall include CVD proceedings and thoroughly inves-
any out-year budgetary impacts and a sepa- programs and administrative expenses of the
tigating dumping and subsidies causing in- Economic Development Administration
rate accounting of program or mission im- jury to domestic businesses.
pacts on estimated carryover funds. Any pro- (EDA). Section 521 of this Act includes a re-
Aluminum Import Monitoring (AIM) Sys-
gram, project, or activity cited in this ex- scission of $10,000,000 in Economic Develop-
tem.—The agreement provides increased
planatory statement, or in the House report ment Assistance Programs balances. Such
funding within the amounts provided to con-
and not changed by this Act, shall be con- funds shall be derived from recoveries and
tinue the development and implementation
strued as the position of the Congress and unobligated grant funds that were not appro-
of the AIM system. ITA is encouraged to reg-
shall not be subject to reductions or re- priated with emergency or disaster relief
ularly consult with representatives from the
programming without prior approval of the designations.
aluminum industry to ensure the AIM sys- Allocation of CARES Act Funds.—House lan-
Committees. Further, any department or tem is meeting its stated goal of supporting guage regarding the Allocation of CARES
agency funded in this Act that plans a reduc- U.S. aluminum producers. Act Funds is adopted with the clarification
tion-in-force shall notify the Committees by Global Markets.—The agreement provides
that the requirement for future spend plans
letter no later than 30 days in advance of the no less than $340,750,000 for Global Markets
to include details about the geographic allo-
date of any such planned personnel action. (GM), an increase of $7,750,000 above the fis-
cations of funds shall only apply to funds
cal year 2020 level. The agreement rejects the
When a department or agency submits a provided in supplemental appropriations
proposed reduction to GM staffing levels and
reprogramming or transfer request to the acts. Additionally, EDA shall report to the
ITA is directed to obligate adequate amounts
Committees and does not receive identical Committees, no later than 30 days after the
for personnel compensation in order to con-
responses, it shall be the responsibility of end of each fiscal year, on the geographic
tinue to fill vacancies, in line with direction
the department or agency seeking the re- distribution of funds, by program, awarded
provided in Senate Report 116–127 and adopt-
programming to reconcile the differences be- during such preceding fiscal year.
ed by Public Law 116–93. The agreement reaf-
tween the two bodies before proceeding. If firms prior year precedent that the Commit- ECONOMIC DEVELOPMENT ASSISTANCE
reconciliation is not possible, the items in tees will not approve any requests to close PROGRAMS
disagreement in the reprogramming or foreign or domestic offices, including the Ex- The agreement includes $305,500,000 for
transfer request shall be considered unap- port Assistance Centers. Economic Development Assistance Programs
proved. Departments and agencies shall not Rural Export Assistance.—The Secretary is (EDAP). Funds are to be distributed as fol-
submit reprogramming notifications after encouraged to continue to prioritize the De- lows; any deviation of funds shall be subject
July 1, 2021, except in extraordinary cir- partment’s efforts to support and expand to the procedures set forth in section 505 of
cumstances. Any such notification shall in- international trade opportunities for rural this Act:
clude a description of the extraordinary cir- businesses, and the agreement provides no
cumstances. less than the fiscal year 2020 amount within ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
In compliance with section 528 of this Act, GM toward rural export assistance. (In thousands of dollars)
each department and agency funded in this Commercial Engagement in theμPacific Re-
Act shall submit spending plans, signed by gion.—Within funding provided for GM, the Program Amount
the respective department or agency head, Committee provides up to $400,000 for ITA to
Public Works .............................................................................. $119,500
for the Committees’ review not later than 45 enhance commercial engagement in the Pa- Partership Planning ................................................................... 33,500
days after enactment of this Act. cific region. In so doing, ITA should identify Technical Assistance ................................................................. 10,000
and prioritize areas that would bolster the Research and Evaluation ........................................................... 1,500
For fiscal year 2021, all agencies and de- Trade Adjustment Assistance .................................................... 13,500
diplomatic and national security interests of Economic Adjustment Assistance .............................................. 37,500
partments funded in this Act are directed to the United States. Assistance to Coal Communities ............................................... 33,500
follow prior year direction adopted in Public General Data Protection Regulation Assistance to Nuclear Closure Communities ............................ 16,500
Law 116–93, on the following topics for this Regional Innovation Program Grants ........................................ 38,000
(GDPR).—ITA is encouraged to continue ef- STEM Apprenticeships ................................................................ 2,000
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fiscal year: ‘‘Fighting Waste, Fraud, and forts to educate small businesses about the
Abuse,’’ ‘‘Federal Vehicle Fleet Manage- European Union’s GDPR. Total, Economic Development Assistance Programs ............ $205,500
ment,’’ ‘‘Reducing Duplication and Improv- Resource Allocation and Workforce Plan-
ing Efficiencies,’’ ‘‘Reprogrammings, Reor- ning.—The U.S. Government Accountability In selecting EDAP projects, EDA shall con-
ganizations, and Relocations,’’ ‘‘Congres- Office (GAO) is directed to undertake a fol- sider geographic equity and ensure that
sional Budget Justifications,’’ ‘‘Reporting low-up to the report ‘‘Commercial Service projects in rural areas are adequately rep-
Requirements,’’ and ‘‘Reductions-in-Force.’’ Workforce Should Be Better Planned’’ (GAO– resented among those selected for funding.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7923
In addition, EDA is directed to coordinate Science, Technology, Engineering, and Math Survey of Income and Program Participation
with regional development organizations to (STEM) Apprenticeship.—The agreement (SIPP).—The agreement rejects the proposed
support projects that address rural economic adopts House language on the STEM Appren- cut to SIPP and provides no less than the fis-
development challenges, including the opioid ticeship Pilot Program and provides cal year 2020 enacted level for this survey.
epidemic, broadband access, and the need for $2,000,000. Within these funds, the Committee PERIODIC CENSUSES AND PROGRAMS
innovation in legacy industries, including in directs EDA to prioritize implementation
(INCLUDING TRANSFER OF FUNDS)
the use and value-added manufacturing of grants.
forest products. Technical Assistance to Distressed Small, The bill provides $818,241,000 in direct ap-
EDA is encouraged to use funding provided Rural, and Underserved Communities.—Within propriations for the Periodic Censuses and
for EDAP to support broadband infrastruc- the increase provided to the Technical As- Programs account of the Bureau of the Cen-
ture projects, particularly in underserved sistance program, EDA is encouraged to sup- sus. The agreement expects the availability
areas, and public-private partnerships in dis- port non-profit organizations to assist eco- of more than $1,000,000,000 in prior year funds
tressed communities seeking to diversify nomically distressed small, rural, and under- will provide the Census Bureau sufficient
their local workforce. EDA is further encour- served communities in pre-development ac- funding to fully support its operational re-
aged to consider outdoor recreation projects tivities associated with accessing EDA pro- quirements in fiscal year 2021, specifically as
that are consistent with a region’s Com- grams and services. they relate to the 2020 Decennial Census. The
prehensive Economic Development Strategy, SALARIES AND EXPENSES agreement assumes the combination of prior
as well as projects in communities looking The agreement includes $40,500,000 for EDA year funds and fiscal year 2021 direct appro-
to expand the presence of aeronautics-re- salaries and expenses. priations will provide the Census Bureau
lated industries. EDA is also reminded of the MINORITY BUSINESS DEVELOPMENT AGENCY with $1,664,709,000 in available funds, of
need to continue to improve its technical as- which $934,430,000 will directly support the
MINORITY BUSINESS DEVELOPMENT
sistance outreach and capabilities, especially 2020 Decennial Census, as requested, and in
The agreement includes $48,000,000 for the line with the Department’s revised Inde-
in communities that have been affected by Minority Business Development Agency
the decline of the manufacturing economy pendent Cost Estimate. The agreement also
(MBDA), an increase of $6,000,000 above the makes available $91,000,000 identified as fis-
and those which are poorly positioned to fiscal year 2020 level. The agreement directs
produce technically sufficient proposals. cal year 2021 contingency reserve for the 2020
MBDA to allocate $32,000,000 of its total ap- Decennial Census in the Independent Cost
Further, EDA shall ensure, to the greatest propriation toward cooperative agreements,
extent practicable, that its grant programs Estimate. In addition, the agreement expects
external awards, and grants. The agreement
avoid duplication and overlap with any other that within available funds the Census Bu-
provides $9,000,000 for the Broad Agency An-
Federal grant programs. reau will fully support efforts to establish
nouncements (BAA) program. MBDA is di-
Economic Adjustment Assistance (EAA).— the Data Ingest and Collection for the Enter-
rected to focus awards on innovation and en-
Within funding for EAA, the agreement pro- prise (DICE), the next generation of the Cen-
trepreneurship, formerly incarcerated per-
vides no less than the fiscal year 2020 en- sus Enterprise Data Collection and Proc-
sons, global women’s empowerment, virtual
acted level to support EDA’s collaborations essing (CEDCaP) program.
business development, and access to finance.
with the Delta Regional Authority, the Ap- Quarterly Status Reports.—The Census Bu-
Further, of the funds provided for the BAA
palachian Regional Commission, and the reau is directed to continue its quarterly
program, $1,500,000 shall be for the HBCU/HSI
Northern Border Regional Commission to as- status reports to the Committees until the
Entrepreneurship Pilot as described in the
sist distressed communities. Eligible activi- tabulations of populations required under 13
House report and to include Tribal Colleges
ties for the Northern Border Regional Com- U.S.C. 141(c) are reported to the States.
and Universities and Alaska Native and Na-
mission collaboration shall contribute to the 2020 Census Operations Evaluation.—Within
tive Hawaiian Serving Institutions.
recovery of forest-based economies and may Business Centers.—The agreement provides one year of enactment of this Act, the Cen-
include support for forest-based businesses, not less than $18,000,000 to continue MBDA’s sus Bureau shall submit an initial report to
outdoor recreation infrastructure, and ac- traditional Business Center program and the Committee evaluating the 2020 Census
tivities that assist in the recruitment and Specialty Project Center program. MBDA is operations, the ability to reach hard-to-
retention of employees in rural communities directed to execute the scheduled re-compete count populations, initial assessments of
within the territory. and to ensure no lapse in Business Center data quality, as well as the costs and the
Regional Innovation Program (RIP).—The services occurs while the re-compete is ongo- adequacy of resource allocation throughout
agreement provides $38,000,000 to EDA for ing. As part of this process, MBDA is encour- the Decennial Census cycle. As part of this
grants under RIP, also referred to as Build to aged to consider applications from histori- evaluation, the Bureau should include ele-
Scale (B2S). Of the amount provided for RIP cally underserved regions of the country and ments such as modified operations, and the
grants, no less than $30,000,000 shall be for is directed to operate at least one Business use of secretarial and risk-based contingency
the i6 Challenge, also referred to as the B2S Center in each State with a plurality or a funds.
Venture Challenge, and no less than majority population of a national minority 2020 Census Data Availability.—The Bureau
$6,000,000 shall be for Seed Fund Support, group. is encouraged to work closely with stake-
also referred to as the B2S Capital Challenge. holders representing public interests, the
ECONOMIC AND STATISTICAL ANALYSIS
As part of the fiscal year 2021 spend plan, Census Advisory Committees, and the data
SALARIES AND EXPENSES
EDA is directed to provide a detailed jus- user community to ensure the availability of
tification for any funding provided herein The agreement includes $111,855,000 for accurate data products for use by the public.
that is intended to be used to support a B2S Economic and Statistical Analysis. The Bureau should continue seeking regular
Outdoor Recreation Satellite Account feedback from data users on disclosure
Industry Challenge in fiscal year 2021.
EDA shall continue to ensure that RIP (ORSA).—The agreement provides not less avoidance and to evaluate privacy protection
than $1,500,000 to continue implementing the methods being considered for other Bureau
awards go to multiple grantees in multiple
Outdoor Recreation Jobs and Economic Im- data programs.
and diverse geographic areas, including an
pact Act of 2016 (Public Law 114–249). The Bu- Ensuring the Integrity and Security of Sur-
increased focus on organizations and States
reau of Economic Analysis (BEA) is directed veys and Data.—The agreement clarifies
that have not previously received funding
to continue working with the outdoor recre- House report language and directs the Cen-
from the program. Furthermore, within
ation industry, nongovernmental organiza- sus Bureau to coordinate with the Depart-
funds provided for RIP, EDA shall award not
tions, and other interested stakeholders to ment of Homeland Security, and other rel-
less than 40 percent of grants to support
refine the national-level statistics and to evant agencies, to prepare for, prevent, and
rural communities.
continue developing regional statistics. disrupt cyber intrusions and disinformation
New Forest Products.—Many forest based
House report language is modified to clarify campaigns that have the potential to impact
economies have experienced disruption and
that BEA shall provide appropriate support survey participation or compromise data col-
decline in recent years. EDA is encouraged
to the Department of Labor in any workforce
to work, including through RIP, with com- lected by the Census Bureau. The Bureau
needs study the Department of Labor may
munities and regions that have been ad- should also coordinate with State and local
undertake that builds upon the information
versely impacted by rapid changes in the stakeholders and private industry, as appro-
provided by ORSA.
timber and pulp marketplaces and to support Income Growth Indicators.—BEA is directed priate. The agreement expects the Census
projects that help these communities de- to continue development of income growth Bureau to prioritize these efforts and to up-
velop related industries, including commer- indicators, including providing annual re- date the Committee on its efforts.
cialization of new forest products using low- Utilizing Libraries and Community Partners
ports about income growth in each decile of
grade wood. This work may include the co- the income distribution. for Census Surveys.—The Census Bureau is en-
ordination of economic development efforts couraged to continue its partnership with
BUREAU OF THE CENSUS
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across multiple States or Economic Develop- public libraries and other community tech-
ment Districts. The agreement includes $1,106,644,000 for nology centers to maximize the response to
Energy Efficiency Projects.—The agreement the Bureau of the Census. the American Community Survey and other
encourages EDA to provide technical guid- CURRENT SURVEYS AND PROGRAMS surveys and assessments as appropriate. The
ance for any applicants interested in funding The bill provides $288,403,000 for the Cur- Bureau is encouraged to work with libraries
for energy efficiency projects under the Eco- rent Surveys and Programs account of the and library organizations, in coordination
nomic Adjustment Assistance program. Bureau of the Census. with the Institute of Museum and Library
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H7924 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Services, regarding training for library staff actions to achieve equitable access to Artificial Intelligence (AI).—The agreement
and webinars or conference presentations to broadband services in currently underserved includes no less than $6,500,000 above the fis-
library audiences about Census surveys and communities throughout the Nation. Fur- cal year 2020 level to continue NIST’s re-
assessments. thermore, NTIA is encouraged, in coordina- search efforts related to AI and adopts House
Website Modernization.—The agreement tion with the FCC, to develop and promul- language on Data Characterization Stand-
supports the Census Bureau’s efforts to im- gate a standardized process for collecting ards in AI.
plement the requirements of the 21st Cen- data from State and local partners. House language on Framework for Man-
tury Integrated Digital Experience Act Domain Name Registration.—NTIA is di- aging AI Risks is modified to direct NIST to
(IDEA) (Public Law 115–336) which will en- rected, through its position within the Gov- establish a multi-stakeholder process for the
able the Bureau to improve digital service ernmental Advisory Committee, to work development of an AI Risk Management
delivery and data dissemination. The Bureau with ICANN to expedite the establishment of Framework regarding the reliability,
is further encouraged to implement require- a global access model that provides law en- robustness, and trustworthiness of AI sys-
ments that effectively modernize the Bu- forcement, intellectual property rights hold- tems. Further, within 180 days of enactment
reau’s public-facing digital services and to ers, and third parties with timely access to of this Act, NIST shall establish the process
leverage cloud services for its website to accurate domain name registration informa- by which it will engage with stakeholders
help achieve cost savings, efficiencies, and tion for legitimate purposes. NTIA is encour- throughout the multi-year framework devel-
compliance with the IDEA website mod- aged, as appropriate, to require registrars opment process.
ernization requirements. and registries based in the United States to Cybersecurity.—The agreement includes no
American Community Survey (ACS).—The collect and make public accurate domain less than the fiscal year 2020 enacted level
agreement supports the ACS and directs the name registration information. for cybersecurity research, outreach, indus-
Bureau to continue using the ACS as a try partnerships, and other activities at
UNITED STATES PATENT AND TRADEMARK NIST, including the National Cybersecurity
testbed for innovative survey and data proc- OFFICE
essing techniques that can be used across the Center of Excellence (NCCoE) and the Na-
Bureau. In executing the ACS, the Bureau SALARIES AND EXPENSES tional Initiative for Cybersecurity Education
should ensure that rural areas are covered (INCLUDING TRANSFERS OF FUNDS) (NICE). Within the funds provided, the agree-
with the same accuracy as urban areas to the ment encourages NIST to establish addi-
The agreement includes language making
maximum extent practicable. tional NICE cooperative agreements with re-
available to the United States Patent and
gional alliances and multi-stakeholder part-
NATIONAL TELECOMMUNICATIONS AND Trademark Office (USPTO) $3,695,295,000, the
nerships for cybersecurity workforce and
INFORMATION ADMINISTRATION full amount of offsetting fee collections esti-
education.
SALARIES AND EXPENSES mated for fiscal year 2021 by the Congres- Cybersecurity of Genomic Data.—The agree-
The agreement includes $45,500,000 for the sional Budget Office. The agreement trans- ment includes no less than $1,250,000 for
salaries and expenses of the National Tele- fers $2,000,000 to the Office of Inspector Gen- NIST and NCCoE to initiate a use case, in
communications and Information Adminis- eral to continue oversight and audits of collaboration with industry and academia, to
tration (NTIA). The allocation of funding USPTO operations and budget transparency. research the cybersecurity of personally
provided in the table in the House report is The Secretary and the USPTO Director are identifiable genomic data, with a particular
not adopted. Instead, the agreement provides directed to continue working with ITA and focus on better securing deoxyribonucleic
(1) up to $7,500,000 for broadband mapping in the Department of State to ensure that acid sequencing techniques, including clus-
coordination with the Federal Communica- USPTO’s intellectual property attachs are tered regularly interspaced short
tions Commission (FCC); (2) no less than the included in discussions and negotiations at palindromic repeat (CRISPR) technologies,
fiscal year 2020 enacted amount for the counselor rank and above. and genomic data storage architectures from
Broadband Programs; (3) $308,000 for Public NATIONAL INSTITUTE OF STANDARDS AND cyber threats. NIST and NCCoE should look
Safety Communications; and (4) no less than TECHNOLOGY to partner with entities who have existing
$3,000,000 above the fiscal year 2020 enacted The agreement includes $1,034,500,000 for capability to research and develop state-of-
level for Advanced Communications Re- the National Institute of Standards and the-art cybersecurity technologies for the
search. Further, the agreement directs the Technology (NIST). unique needs of genomic and biomedical-
additional funds for Advanced Communica- based systems.
SCIENTIFIC AND TECHNICAL RESEARCH AND Industrial Internet of Things (IIoT).—The
tions Research be used to procure and main- SERVICES
tain cutting-edge equipment for research and agreement includes no less than the fiscal
testing of the next generation of communica-
(INCLUDING TRANSFER OF FUNDS) year 2020 enacted amount for the continued
tions technologies, including 5G, as well as The agreement provides $788,000,000 for development of an IIoT cybersecurity re-
to hire staff as needed. The agreement fur- NIST’s Scientific and Technical Research search initiative and to partner, as appro-
ther encourages NTIA to improve the deploy- and Services (STRS) account, including an priate, with academic entities and industry
increase of $16,350,000 for adjustments to to improve the sustainable security of IIoT
ment of 5G and spectrum sharing through
base. The agreement adopts the following devices in industrial settings.
academic partnerships to accelerate the de-
within STRS: (1) House direction on Quan- Measurement Science Research for Advanced
velopment of low-cost sensors. For fiscal Manufacturing.—The agreement modifies
year 2021, NTIA is directed to follow prior tum Information Science and provides
$6,500,000 above the fiscal year 2020 enacted House language on Measurement Science Re-
year report language, included in Senate Re- search for Advanced Manufacturing to en-
port 116–127 and adopted in Public Law 116– amount; (2) House direction on Greenhouse
Gas Program and Urban Dome Initiative and courage NIST to prioritize new STRS funds
93, on the following topics: Federal Spectrum for this work.
Management, Spectrum Management for $200,000 above the fiscal year 2020 enacted
Pyrrhotite in Concrete Aggregate.—The
Science, and the Internet Corporation for As- amount; (3) House direction on Direct Air
agreement provides no less than $2,000,000 for
signed Names and Numbers (ICANN). Capture and Carbon Dioxide Removal and
NIST to partner with academic institutions
Spectrum Management System.—The agree- $3,000,000; and (4) House direction on Forward to study and develop a reliable and cost-ef-
ment encourages NTIA and the Department Looking Building Standards. For fiscal year fective standard for testing for the presence
to consider alternative proposals to fully 2021, NIST is directed to follow prior year re- of excessive pyrrhotite in concrete.
fund the needed upgrades to its spectrum port language, included in Senate Report Forensic Sciences.—The agreement provides
management system, including options out- 116–127 and adopted in Public Law 116–93, on an increase of $1,000,000 above the fiscal year
side of direct appropriations, and is directed the following topics: Helmet Safety and Fa- 2020 level for forensic sciences, including no
to brief the Committees regarding possible cial Recognition Vendor Test. House lan- less than $3,150,000 to support the Organiza-
alternative options no later than 90 days guage regarding 5G telecommunications tion of 22 Scientific Area Committees, and
after enactment of this Act. funding is not adopted. no less than $1,200,000 to support technical
Next Generation Broadband in Rural Areas.— NIST Diversity and Inclusion.—NIST is en- merit evaluations.
NTIA is encouraged to ensure that deploy- couraged to take discrete steps to promote Training Officers of the Court.—No later
ment of last-mile broadband infrastructure racial and cultural acceptance and diversity than 90 days after enactment of this Act,
is targeted to areas that are currently within its workforce. Within 180 days of en- NIST is directed to submit a plan for how to
unserved or underserved, and to utilize pub- actment of this Act, NIST is directed to sub- implement training to help officers of the
lic-private partnerships and projects where mit a report analyzing the current racial and court understand the science and concepts
Federal funding will not exceed 50 percent of cultural makeup of the agency; planned ef- underlying the professional analyses of fo-
a project’s total cost where practicable. forts to recruit, retain, and advance appli- rensic experts. The plan should include staff-
National Broadband Map Augmentation.— cants and employees critical to promoting ing needs, necessary funding required, and
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NTIA is directed to engage with rural and greater racial and cultural diversity, and the possible topics of instruction.
Tribal communities to further enhance the outcomes of these efforts; and any additional Plastics and Polymeric Materials.—The
accuracy of the national broadband avail- steps and recommendations planned to pro- agreement provides an increase of $250,000
ability map. NTIA should include in its fiscal mote greater racial and cultural acceptance above the fiscal year 2020 enacted amount,
year 2022 budget request an update on rural- and diversity throughout the NIST work- for competitive external grants for academic
and Tribal-related broadband availability force, including the development and anal- institutions to investigate plastic and poly-
and access trends, challenges, and Federal ysis of metrics to evaluate success. meric materials, as well as novel methods to
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7925
characterize both known and newly devel- NATIONAL OCEANIC AND ATMOSPHERIC coastal mapping centers in order to provide
oped materials. Such investigations should ADMINISTRATION steady funding for existing centers. NOAA
address ways to increase the strength of re- Coastal Inundation Forecasting and Resil- shall not decrease funding levels for any ex-
cycled plastics and better understand me- ience.—House direction regarding Coastal In- isting centers.
chanical properties including tensile stress, undation Forecasting and Resilience is modi- Ocean Mapping and Coastal Charting.—
compressive stress, thermal properties, and fied to direct the National Oceanic and At- Within Navigation, Observations and Posi-
nanostructure of polymeric materials that mospheric Administration (NOAA), rather tioning, the agreement provides $2,000,000 for
could serve as industry standards for recy- than the Office of Oceanic and Atmospheric NOS to coordinate and implement an inter-
cled plastic products. Research, to develop and initiate a cross-line agency mapping, exploration, and character-
Graphene Research and Commercialization.— office research agenda as described in the ization strategy for the U.S. Exclusive Eco-
The agreement includes no less than the fis- House report. As part of this effort, NOAA nomic Zone, as well as the Arctic and sub-
cal year 2020 enacted amount for NIST to shall consider the establishment of a Cooper- Arctic shoreline and nearshore of Alaska.
fund and pursue graphene research activities ative Institute for Coastal Resilience and For the latter activity, NOAA shall work
with industry and academic institutions that Adaptation that could benefit existing coast- closely with the Alaska Mapping Executive
have expertise, existing capabilities, and in- al resilience programs by providing addi- Committee and the State of Alaska to ensure
frastructure related to the commercial appli- tional research, data collection, experience, that mapping efforts are coordinated and ad-
cation of graphene. and strengthened relationships with institu- here to the priorities identified in the Alaska
Unmanned Aerial Vehicle (UAV) Challenges tions conducting coastal resilience and adap- Coastal Mapping Strategy.
and Credentialing.—The agreement includes a tation research and applied science activi- Precision Navigation.—As NOS concludes its
total of $3,250,000 for NIST’s UAV research ties. two ongoing precision navigation pilots in
challenges and credentialing program. With- fiscal year 2021, NOAA is directed to begin
in the funding provided, NIST shall continue OPERATIONS, RESEARCH, AND FACILITIES making preparations to commence addi-
to partner with academic institutions to exe- (INCLUDING TRANSFER OF FUNDS) tional precision navigation projects. The
cute UAV prize-based challenges that focus The agreement includes a total program agreement supports the consideration of all
on expanding the role that UAVs could play level of $4,103,971,000 under this account for U.S. seaports identified in the February 2020
in emergency response operations. In addi- NOAA’s coastal, fisheries, marine, weather, Precision Navigation Socioeconomic Study
tion, NIST shall use no less than $1,000,000 of satellite, and other programs. This total for inclusion in the next precision navigation
the funding provided to partner with rel- funding level includes $3,840,300,000 in direct project and directs that preference shall be
evant academic institutions to establish the appropriations, a transfer of $246,171,000 from given to U.S. seaports that have immediate
measurements and standards infrastructure balances in the ‘‘Promote and Develop Fish- access to multiple interstate and railroad
necessary for credentialing remote pilots. ery Products and Research Pertaining to systems and at least 10,000 miles of inland
This effort should include implementation American Fisheries’’ fund, and $17,500,000 de- waterway connections, are ranked within the
and demonstration of distributed pilot train- rived from recoveries of prior year obliga- top 15 by total tonnage of goods shipped and
ing and evaluation using standard test meth- tions. received, and which are currently performing
ods and also support flight test simulations. The following narrative descriptions and or scheduled to perform channel expansion
Public Health Risk to First Responders.—The tables identify the specific activities and to accommodate larger draft vessels or al-
agreement provides no less than the fiscal funding levels included in this Act. ready have such capacity.
year 2020 enacted level for NIST to continue National Ocean Service (NOS).—$619,700,000 Coastal Survey Data.—NOS is directed to
the study of new and unused personal protec- is for NOS Operations, Research, and Facili- submit a report to the Committees, within
tive equipment worn by firefighters to deter- ties. one year of enactment of this Act, on
mine the prevalence and concentration of progress it has made toward conducting com-
per-and polyfluoroalkyl substances (PFAS) NATIONAL OCEAN SERVICE prehensive coastal survey work in Alaska.
in the equipment, as well as the extent to Operation, Research and facilities The report shall detail steps taken to imple-
which PFAS may be released from the gear (In thousands of dollars) ment NOAA’s strategy, developed pursuant
during normal wear and under what condi- to section 3 of the 2019 Presidential Memo-
tions. Program Amount randum on Ocean Mapping of the United
INDUSTRIAL TECHNOLOGY SERVICES States, for mapping the Arctic and sub-Arc-
Navigation, Observations and Positioning:
The agreement includes $166,500,000 in total Navigation, Observations and Positioning ............................ $162,500 tic shoreline and nearshore of Alaska.
for Industrial Technology Services, includ- Hydrographic Survey Priorities/Contracts .............................. 32,000 Modernization of the Vertical Datum.—The
ing $150,000,000 for the Hollings Manufac-
IOOS Regional Observations .................................................. 40,500 agreement provides no less than the fiscal
turing Extension Partnership, an increase of year 2020 enacted level for the Gravity for
Navigation, Observations and Positioning ................................ 235,000
$4,000,000 above the fiscal year 2020 enacted the Re-Definition of the American Vertical
level. The agreement further provides
Coastal Science and Assessment: Datum initiative within the Geodesy pro-
Coastal Science, Assessment, Response and Restoration ... 86,500 gram.
$16,500,000 for the Manufacturing USA Pro- Competitive Research ............................................................ 21,000
Hydrographic Surveys and Contracts.—For
gram, formerly known as the National Net-
Coastal Science and Assessment .............................................. 107,000 fiscal year 2021, NOS shall follow prior year
work for Manufacturing Innovation. Within
direction adopted in Public Law 116–93, on
the funding provided for Manufacturing Ocean and Coastal Management and Services:
Coastal Zone Management and Services ............................. 46,700 the following topics: Hydrographic Surveys
USA, no more than $5,000,000 may be used for
Coastal Zone Management Grants ....................................... 78,500 and Contracts and Hydrographic Charting in
coordination activities, of which up to National Oceans and Coastal Security Fund ........................ 34,000 the Arctic.
$1,000,000 may be used to support the U.S. Coral Reef Program ............................................................... 33,000
Integrated Ocean Observing System (IOOS).—
Food and Drug Administration’s participa- National Estuarine Research Reserve System ...................... 28,500
Sanctuaries and Marine Protected Areas ............................. 56,500 The agreement includes $40,500,000 for IOOS
tion in biomanufacturing innovation insti- Regional Observations and directs NOS to
tutes; $10,000,000 shall be used for the con- Ocean and Costal Management and Services .......................... 277,200
expand the regional underwater profiling
tinuation of the existing NIST-funded insti- Total, National Ocean Service, Operations, Research, gliders program consistent with House direc-
tute; and $1,500,000 shall be for a competitive and Facilities ................................................................ $619,700 tion as well as for disaster response and the
grant program to develop technology road- forecasting of freshwater and marine water
maps for promising advanced manufacturing Navigation, Observations and Positioning.— quality.
clusters. The agreement rejects all of the proposed de- Coastal Science, Assessment, Response and
CONSTRUCTION OF RESEARCH FACILITIES creases within Navigation, Observations and Restoration.—The agreement provides no less
The agreement includes $80,000,000 for Con- Positioning and directs NOS to follow prior than the fiscal year 2020 enacted level for the
struction of Research Facilities, of which no year direction adopted in Public Law 116-93, Gulf of Mexico Disaster Response Center
less than $70,000,000 is for NIST to address its on the distribution of Geospatial Modeling (DRC), and directs NOS to continue to
most pressing Safety, Capacity, Mainte- Grants. prioritize full staffing of the DRC in fiscal
nance, and Major Repairs projects. Hydrographic Research and Technology De- year 2021. Additionally, the recommendation
Facilities Report.—NIST is directed to con- velopment.—The agreement supports the in- includes $1,000,000 above the fiscal year 2020
tract with an independent entity to develop tended use of funds requested for Hydro- enacted level for the Disaster Preparedness
a report that assesses the comprehensive graphic Research and Technology Develop- Program.
capital needs of NIST’s campuses. The re- ment and provides an additional $1,000,000 Marine Debris Program.—The agreement
port, at a minimum, should identify facili- above the fiscal year 2020 level for these pur- provides no less than $9,000,000 for the Ma-
ties in greatest need of repair, describe the poses. In addition, the agreement provides rine Debris program and adopts House lan-
$2,000,000 above the request for NOAA to con-
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work needed to bring them up to current guage on the topic. NOS is encouraged to
standards, and include cost estimates for tinue supporting joint ocean and coastal prioritize funding for projects in urban com-
each project. NIST shall provide the report mapping centers in other areas of the coun- munities that support waterway cleanup ef-
with its recommendations to the Commit- try as authorized by the Omnibus Public forts to remove any and all forms of marine
tees no later than 1 year after the date of the Land Management Act of 2009 (Public Law debris, projects in rural and remote commu-
contract agreement between NIST and the 111–11). Additional funding is provided for nities that lack infrastructure to address
contracted entity. the designation of additional joint ocean and their marine debris problems, and projects
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H7926 CONGRESSIONAL RECORD — HOUSE December 21, 2020
that address the impact of marine debris in National Oceans and Coastal Security and Other Species, the agreement includes
fresh water systems that are a source of Fund.—The agreement provides $34,000,000 $1,000,000 for NMFS to study interactions be-
drinking water. for the National Oceans and Coastal Security tween the U.S. fishing fleet and false killer
National Centers for Coastal Ocean Science Fund, also known as the Title IX Fund or the whales in the Western Pacific.
(NCCOS).—The agreement provides $47,000,000 National Coastal Resilience Fund. Of the Unusual Mortality Events (UMEs).—NMFS is
for NCCOS. NOS is directed to consider ex- amount provided, not less than $3,000,000 directed to submit a report, within 90 days of
panding NCCOS’s efforts related to coastal shall be for project planning and design. enactment of this Act, showing how funds
sustainability and resilience, including as- Coral Reefs.—The recommendation provides from the Unusual Mortality Event Fund
sessing the effects of land-use on coastal and $33,000,000 for the Coral Reef Program and have been disbursed during UMEs active
marine resources, measuring societal bene- adopts the House language. Within these within the past 10 years. The report shall in-
fits of coastal restoration and green infra- funds, the agreement provides up to $8,500,000 clude what specific services and incurred
structure, encouraging citizen science moni- for NOS to work with academic institutions costs have been financed or reimbursed by
toring of coastal and marine resources, and and non-governmental research organiza- NOAA as well as an overview of services pro-
assessing the adaptive capacity of human tions to establish innovative active restora- vided by Tribal partners, including, but not
communities to coastal hazards. tion projects to restore degraded coral reefs, limited to, carcass retrieval and shipment,
Harmful Algal Blooms (HABs).—Across NOS, such as projects like ‘‘Mission: Iconic Reef.’’ regardless of whether or not compensation
the recommendation includes an additional Marine National Monuments.—Within fund- was provided for these services or related ex-
$5,500,000 for HABs work as compared to fis- ing provided for Sanctuaries and Marine Pro- penses were reimbursed.
cal year 2020. House direction and an in- tected Areas, up to $1,200,000 may be used for North Atlantic Right Whale.—The agreement
crease of $1,000,000 above the fiscal year 2020 competitive research, management, and edu- rejects the proposed reduction and provides
enacted level is adopted for NCCOS’s HABs cation grants for existing marine national an additional $2,000,000 above the fiscal year
work. The agreement also adopts House di- monuments administered by NOS, provided 2020 enacted level within Marine Mammals,
rection and provides $2,500,000 to continue that such grants are subject to a 100 percent Sea Turtles, and Other Species for North At-
and expand the IOOS-sponsored pilot pro- non-Federal match. lantic right whale-related research, develop-
grams launched in fiscal year 2020 to enhance Papahãnaumokuãkea Sanctuary Designa- ment, and conservation efforts. These addi-
the monitoring and detection of HABs. In ad- tion.—NOAA is directed to initiate the proc- tional funds shall be spent as outlined in the
dition, the agreement provides up to ess under the National Marine Sanctuaries House language. Within funding provided,
$1,000,000, from within funds allocated to the Act (16 U.S.C. 1431 et seq.) to designate the not less than $1,000,000 shall be to support
IOOS-sponsored pilot programs, for IOOS to Papah?naumoku?kea Marine National Monu- the existing pilot program to develop, refine,
establish an initial HABs monitoring and de- ment as a National Marine Sanctuary to sup- and field test innovative lobster fishing gear
tection test bed in the Gulf of Mexico. The plement and complement, rather than sup- technologies as directed in Public Law 116–
agreement expects that the test bed will de- plant, existing authorities. NOAA shall pro- 93.
ploy, operate, and test a range of tech- vide the Committees an update on this des- NOAA shall continue to support
nologies and also determine the data man- ignation before the end of fiscal year 2021. disentanglement, stranding response, ne-
National Marine Fisheries Service (NMFS).— cropsy activities, aerial surveys, and passive
agement and dissemination needs for oper-
$964,862,000 is for NMFS Operations, Re- acoustic monitoring in the waters of the At-
ating and maintaining a complete end-to-end
search, and Facilities. lantic Ocean, and is encouraged to develop a
HABs detection and monitoring system. The
agreement encourages the testbed to be es- habitat suitability index and long-term tag-
tablished in an area that has experienced
NATIONAL MARINE FISHERIES SERVICE ging methods. Further, NMFS is directed to
HABs in recent years and which has existing Operations, Research and Facilities continue to work in coordination with coun-
expertise, infrastructure, and collaboration (In thousands of dollars) terparts in the Canadian government to re-
between IOOS, an IOOS regional association, duce risks throughout the range of the North
Program Amount Atlantic right whale.
and academic and State partners that can be
readily leveraged. Protected Resources Science and Management: In any rulemaking regarding the North At-
The agreement provides $21,000,000 for Marine Mammals, Sea Turtles, and Other Species .............. $125,164 lantic right whale, NMFS shall incorporate
Species Recovery Grants ....................................................... 7,000 recent research on the species’ primary food
Competitive Research, including not less Atlantic Salmon ..................................................................... 6,500
than $13,000,000 for HABs research, and Pacific Salmon ...................................................................... 67,000 source, Calanus finmarchicus, which indicates
adopts House direction for these funds. From these zooplankton have decreased in abun-
Protected Resources Science and Management ........................ 205,664 dance in the Gulf of Maine since 2010. NOAA
within these funds, the agreement also pro-
vides up to $2,000,000 to explore innovative Fisheries Science and Management: is also directed to fully evaluate the feasi-
methods to increase monitoring and detec- Fisheries and Ecosystem Science Programs and Services ... 146,927 bility, as well as the safety and economic im-
Fisheries Data Collections, Surveys, and Assessments ....... 175,927 plications, of any management actions relat-
tion of HABs in freshwater systems by Observers and Training ......................................................... 55,468
partnering with a consortium of academic Fisheries Management Programs and Services .................... 123,836 ing to the North Atlantic right whale. Fur-
institutions with expertise in unmanned air- Aquaculture ........................................................................... 17,500 ther, the North Atlantic right whale risk re-
Salmon Management Activities ............................................. 62,050 duction target proposed by NMFS depends
craft systems. Regional Councils and Fisheries Commissions .................... 41,500
Sea Level Rise and Coastal Resilience.—The Interjurisdicational Fisheries Grants ..................................... 3,365 heavily on how unknown entanglements are
agreement provides an increase of $2,000,000 assigned to individual fisheries and coun-
Fisheries Science and Management .......................................... 625,573 tries. Any misattributions of whale entan-
above the fiscal year 2020 enacted level with-
in Coastal Science, Assessment, Response Enforcement ............................................................................... 75,000 glements that NMFS has acknowledged must
and Restoration to address the increasing be considered by NMFS and incorporated in
Habitat Conservation and Restoration ...................................... 57,625 relevant rulemaking.
risk of coastal inundation due to sea level
rise consistent with House direction. From Total, National Marine Fisheries Service, Operations, Re- Risk Reduction Credit.—Should NOAA
within these increased funds, up to $1,000,000 search, and Facilities ................................................... $964,862 award risk reduction credit to any State as
shall be applied to the new Hydrology and part of the current North Atlantic right
Water Resources Cooperative Institute de- For fiscal year 2021, NMFS shall follow whale take reduction management process,
scribed in the National Weather Service sec- prior year Senate direction and, if applica- the agency shall also ensure that other
tion of this explanatory statement to accel- ble, funding levels adopted by Public Law States have the opportunity to receive credit
erate the Integrated Water Prediction (IWP) 116–93 on the following topics: Promote and for past management actions.
program and inform NOAA’s broader efforts Develop Fisheries Products and Research Assessment of Fishing Interference.—The
on coastal inundation and resilience. Funding Transfer, Saltonstall-Kennedy agreement directs NMFS to undertake a re-
Regional Data Portals.—Within funding pro- Grant Program, NMFS Staffing, Hawaiian view, no later than 90 days after enactment
vided for Coastal Zone Management and Monk Seal and Sea Turtles, Species Recov- of this Act, to assess and better understand
Services, $2,500,000 is for the regional ocean ery Grants, Atlantic Salmon, Pacific Salm- the occurrence of conflicts between dolphins
partnerships, or their equivalent, to enhance on, American Lobster and Jonah Crab Re- and sharks and commercial, for-hire, and
their capacity for sharing and integration of search, Electronic Monitoring and Report- recreational fishing vessels in the Gulf of
Federal and non-Federal data to support re- ing, International Fisheries Management Co- Mexico and South Atlantic. The review
gional coastal, ocean, and Great Lakes man- ordination, Bycatch Reduction, Atlantic should provide: (1) a quantification, to the
agement priorities. Herring Stock Assessment, and Seafood Re- extent practicable within existing resources,
Ocean Economy of the Territories.—The porting. The agreement also adopts House of the degree to which dolphins and sharks
agreement adopts House direction and fund- language on Foreign Fisheries and provides interfere with commercial, charter, and rec-
ing for NOAA to include the five U.S. terri- $750,000 for this work, but does not adopt reational fishing; and (2) recommendations
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tories in the estimate of the ocean economy. House language on Video Review of Elec- for non-lethal methods to deter dolphins and
Aquatic Invasive Species.—NOAA is directed tronic Monitoring Data. The agreement sharks from interfering with commercial,
to establish the Coastal Aquatic Invasive maintains the existing budget structure for for-hire, and recreational fishing, in accord-
Species Mitigation Grant Program and Miti- Regional Councils and Fisheries Commis- ance with existing laws. NMFS shall report
gation Fund, as authorized by the Vessel In- sions. to the Committees on the results of the re-
cident Discharge Act of 2018 (Public Law 115– False Killer Whales.—Within the funding view no later than one year after the review
282). provided for Marine Mammals, Sea Turtles, is commenced. In conducting the review,
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7927
NMFS shall consult with the Marine Mam- Many are concerned by the results of re- For-Hire Electronic Monitoring and Reporting
mal Commission, the Gulf of Mexico Fishery cent efforts by NMFS to calibrate each Gulf Implementation.—The agreement provides no
Management Council, the South Atlantic State’s catch data program to catch data de- less than $2,250,000 within Fisheries Manage-
Fishery Management Council, the Atlantic rived by the Marine Recreational Informa- ment Programs and Services and $1,500,000
Highly Migratory Species Advisory Panel, tion Program (MRIP), which in some cases within Enforcement to support the contin-
and conduct outreach to commercial, for- resulted in significant discrepancies between ued and timely implementation of electronic
hire, and recreational fishermen. the Federal and State catch statistics for red logbooks for the federally permitted charter-
Northeast Groundfish Research.—Within snapper. The discrepancies are large enough for-hire sector in the Gulf of Mexico.
funding provided for Fisheries and Eco- that it calls into question whether MRIP is Fisheries Surveys and Offshore Wind.—The
system Science Programs and Services, the providing the best account of the fishery, es- agreement provides $500,000 within Fisheries
agreement provides $2,500,000 for Northeast pecially when available data from the Gulf and Ecosystem Science Programs and Serv-
groundfish research, with a focus on the ef- States suggest otherwise. Therefore, before ices to ensure the continuity of fisheries sur-
fects of changing climatic conditions and making any related regulatory changes, vey data that may be affected by offshore
warming waters on the fishery, including NMFS is directed to address the question of wind energy development and $500,000 within
stock health and natural mortality. NOAA is which data collection system (i.e., MRIP or Fisheries Management Programs and Serv-
further encouraged to prioritize research re- the catch data programs administered by the ices to support the permitting process.
garding relative gear efficiency, stock Gulf States) are providing the best estimates Fisheries Surveys.— Within funds for Fish-
boundaries, and other topics that can im- of recreational red snapper catch in the Gulf eries Data Collections, Surveys, and Assess-
prove groundfish stock assessments in the of Mexico. The agreement includes $2,000,000, ments, the agreement provides $1,000,000
next five years. Within funding provided, from within the funding provided to support above the fiscal year 2020 enacted amount for
$500,000 shall be obligated to develop meth- State management of red snapper, for NMFS NMFS fishery and ecosystem research sur-
ods for improving and increasing utilization to contract with a non-governmental entity veys and directs NMFS take the necessary
of the full range of available fishery-depend- with expertise in statistics and fisheries-de- steps to ensure that historical levels of sur-
ent data to better inform groundfish stock pendent data collection to provide the fol- vey coverage are achieved without disrup-
abundance estimates. This should include a lowing: (1) an independent assessment of the tion in fiscal year 2021. At this funding level
review of statistical strengths and weak- accuracy and precision of both the Federal NMFS is expected to contract no fewer than
nesses of existing bottom trawl surveys for and State recreational catch data programs six surveys for Alaskan bottom trawl sur-
different species and the development of al- in the Gulf of Mexico; (2) recommended im- veys and cooperative research, including a
ternative data sources and sampling methods provements to be made to the Federal and survey to capture movement of fish popu-
that will augment and improve groundfish State recreational catch data programs in lations out of historic survey areas, and no
stock assessments as recommended in the the Gulf of Mexico to improve accuracy and fewer than four vessels for West Coast
2020 report of the Groundfish Trawl Task precision; and (3) an independent assessment, groundfish surveys.
based on the results of the two prior items, Northwest Fisheries Ecosystem Monitoring
Force. This funding is intended to support
System.—Within funds for Fisheries Data Col-
new and innovative research, including by of how best to calibrate the Federal and
lections, Surveys, and Assessments, the
the Northeast Fisheries Science Center State recreational catch data programs in
agreement provides $500,000 to maintain a
(NEFSC), separately by, or in collaboration the Gulf of Mexico to a common currency.
South Atlantic Reef Fish.—The agreement time-series monitoring system that includes
with, outside partners such as higher edu- no less than monthly data collection, anal-
cation institutions or State agencies, and in provides no less than $1,800,000 with the in-
structions contained in the House report. ysis, and dissemination of hydrographic and
cooperation with the fishing industry. ecological data to inform fishery manage-
Fisheries Information Systems Grants.—The Data Collection for Recreational Fisheries.—
The agreement includes no less than ment on the Northern California Current.
agreement includes no less than the fiscal Western Atlantic Bluefin Tuna (ABFT).—
year 2020 enacted amount for Fisheries Infor- $3,500,000 within Fisheries Data Collections,
Many are concerned by NOAA’s April 2, 2020,
mation Systems grants. Surveys, and Assessments, to support col-
rulemaking to reopen for commercial long-
Cooperative Research.—The agreement pro- laborative programs focused on improving
line fishing two gear-restricted areas (GRAs)
vides no less than $13,000,000 for the Coopera- recreational fishery data collection, as ar-
in the Gulf of Mexico that were previously
tive Research program. NMFS is directed to ticulated in sections 102, 201, and 202 of Pub-
closed annually during April and May to pro-
prioritize trawl surveys that are designed lic Law 115–405. This funding should focus on
tect spawning ABFT. The hypothetical basis
and conducted cooperatively with industry assisting States to establish, test, and imple-
for this rulemaking—that all of the manage-
and States to provide empirical measures of ment more reliable recreational fishery data
ment measures previously in place for ABFT
fish stock abundance, such as swept area bio- collection tools, such as smartphone applica-
in the Gulf of Mexico may not be necessary
mass surveys. NMFS is encouraged to tions or text messaging supplements. In ad-
in tandem and that such measures are inhib-
prioritize studies conducted cooperatively dition, NMFS is directed to support efforts iting the harvest of other target species—is
with States, industry, and nonprofit institu- by the Regional Fishery Management Coun- questioned because of the following facts: (1)
tions using video systems deployed in com- cils to implement section 102 of Public Law the Gulf of Mexico is the primary spawning
mercial trawl nets for surveys. NMFS is also 115–405, including the shared initiative be- ground for ABFT, and recovery of the still
encouraged to focus on improving under- tween the Gulf of Mexico and South Atlantic depleted stock requires that spawning fish be
standing of natural mortality and relative Fishery Management Councils to establish a protected; and (2) the management measures
gear efficiency to ensure accurate measures joint committee. implemented in 2015, the Individual Bluefin
of catchability. Northeast Multispecies Fishery.—NOAA is di-
Quota and time-area closures, have in tan-
The NEFSC is directed to consider rected to fully fund the At-Sea Monitoring dem, not individually, reduced ABFT dis-
prioritizing cooperative research efforts for costs in the New England groundfish fishery, cards and catch during peak spawning
species that are experiencing shifts in range including sea and shore side infrastructure months. Therefore, NOAA is directed to re-
and population density due to warming costs, and shall ensure the costs and benefits consider the decision to open the two GRAs
waters and other global environmental of At-Sea Monitoring are commensurate in the Gulf of Mexico. If the status quo is
changes. Further, NMFS is encouraged to with the gross revenues of vessels in the fish- maintained, NOAA shall increase monitoring
prioritize data collection that may be af- ery. The agreement provides no less than the efforts within the GRAs through 100 percent
fected by offshore wind energy development. fiscal year 2020 enacted amount within Ob- human observer coverage and by making
Gulf Reef Fish.—Within funding for Fish- servers and Training for this purpose. Before publicly available all Gulf of Mexico ABFT
eries and Ecosystem Science Programs and obligating any of these funds, NOAA shall catch data, broken down both inside and out-
Services, the agreement includes no less provide the Committees with a detailed side the GRAs, on a weekly basis and within
than $2,000,000 for NMFS to support Gulf reef spending plan. The Committees also look one week of catch, during the months of
fish surveys, research, and sampling. NMFS forward to receiving the report requested by April and May in order to allow for increased
is also encouraged to continue to collaborate Public Law 116–93 outlining the current sta- oversight to ensure that this rule does not
with NOAA’s Office of Oceanic and Atmos- tus of electronic monitoring and reporting result in the longline fishery exceeding their
pheric Research on the agency-independent technology for the Northeast multispecies ABFT catch limits.
reef fish population assessments funded fishery. Harmful Drift Gillnets.—NMFS is encour-
within Sea Grant. North Pacific Observer Coverage.—Within aged to establish a pilot program to assist
State Management for Recreational Red Snap- Observers and Training, the agreement in- fishermen in replacing large-mesh drift
per.—Within the amount provided for Fish- cludes no less than $7,500,000 for the North gillnets with more sustainable gear and to
eries Data Collections, Surveys, and Assess- Pacific Observers Program. This additional consider actions to ban the use of drift
ments, the agreement includes $5,000,000 for funding shall be used to offset observer costs gillnets in Federal waters off the coast of
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NMFS to continue to work with the Gulf normally paid for by harvesters in fisheries California.
States to ensure successful implementation that are undertaking a transition to elec- Marine Aquaculture.—The agreement in-
of State management for recreational red tronic monitoring and reporting. Addition- cludes no less than $500,000 in the Aqua-
snapper. The agreement reiterates past di- ally, NOAA is encouraged to identify and im- culture Program, Project, or Activity (PPA)
rection that these efforts shall be a top pri- plement any efficiencies that would mitigate for NMFS, in collaboration with NOS, to per-
ority for NOAA, and that such efforts shall the cost burden shouldered by small vessel form activities in support of the identifica-
be done in coordination with the Gulf States. operators in the fixed-gear fleet. tion of at least two aquaculture opportunity
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H7928 CONGRESSIONAL RECORD — HOUSE December 21, 2020
areas, as called for in section 7 of the May 7, pect of expanding research to include moni- Restoration to support oyster restoration in
2020, Presidential Executive Order on Pro- toring fall Chinook salmon and steelhead the Chesapeake Bay.
moting American Seafood and Competitive- mortality from marine mammals. Marine National Monuments.—The Offices of
ness and Economic Growth. The agreement Mitchell Act.—The agreement rejects the Habitat Conservation and Protected Re-
also provides up to $500,000 above the fiscal proposed reduction and provides not less sources are encouraged to support competi-
year 2020 enacted level in the Aquaculture than $22,000,000 for Mitchell Act mitigation tive research and management grants for ex-
PPA to increase the amount of staff focused hatchery programs, in recognition of the im- isting marine national monuments off of the
on aquaculture at all NMFS fisheries science portant cultural, ecological, and economic continental United States administered by
centers. Within the funding provided, NOAA benefits that these programs provide for the NMFS, provided such grants are subject to a
is encouraged to return staffing levels to people of the Columbia River Basin. NOAA is 100 percent non-Federal match.
those in fiscal year 2010 at the Northeast and directed to continue genetic stock identifica- Office of Oceanic and Atmospheric Research
Northwest Fisheries Science Centers. tion for salmon recovery and management. (OAR).—$570,590,000 is for OAR Operations,
Regional Pilots in Sustainable Aquaculture.— Interstate Marine Fisheries Commissions.— Research, and Facilities.
The agreement includes $2,000,000 in the Within the amount provided for Regional
Aquaculture PPA for the NMFS Aquaculture Councils and Fisheries Commissions, no less OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Office to continue the regional aquaculture than $1,850,000 shall be for the three Inter- Operations, Research, and Facilities
pilot program, in partnership with the three state Marine Fisheries Commissions. (In thousands of dollars)
interstate marine fisheries commissions, to Northeast Lobster Enforcement.—Within En-
establish partnerships between the seafood forcement, the agreement includes no less Program Amount
industry and community partners that can than $750,000 for NMFS, in partnership with
develop, validate, and deploy economically the relevant States, Joint Enforcement Climate Research:
Climate Laboratories and Cooperative Institutes ................. $75,500
and environmentally sustainable aquatic Agreement partner agencies, and the Atlan- Regional Climate Data and Information ............................... 42,500
farming techniques and regional business tic States Marine Fisheries Commission, to Climate Competitive Research .............................................. 64,000
practices to grow domestic seafood produc- establish a pilot cooperative offshore lobster Climate Research ....................................................................... 182,000
tion. To maximize the impact of these pilot enforcement program. The program shall en- Weather and Air Chemistry Research:
grants, NMFS is encouraged to give priority deavor to establish multi-year contracts Weather Laboratories and Cooperative Institutes ................ 85,500
consideration to promising but less commer- with commercial vessels, which are not par- U.S. Weather Research Program ........................................... 26,500
cially developed technologies, such as those ticipating in the lobster fishery but are capa- Tornado Severe Storm Research/Phased Array Radar .......... 14,382
Joint Technology Transfer Initiative ...................................... 13,000
targeting shellfish, seaweed, and other rel- ble of hauling deep-set gear, to carry law en-
ative newcomers to the domestic aqua- forcement officials to oversee inspection of Weather and Air Chemistry Research ........................................ 139,382
culture industry. offshore lobster gear. As part of the estab-
In addition, the agreement provides no less lishment of the program, NMFS shall con- Ocean, Coastal, and Great Lakes Research:
than $2,000,000 for the NMFS Aquaculture Of- Ocean Laboratories and Cooperative Institutes .................... 36,500
sider (1) implementing measures to increase National Sea Grant College Program .................................... 75,000
fice, in partnership with the Gulf States Ma- the tracking of vessels participating in the Sea Grant Aquaculture Research .......................................... 13,000
rine Fisheries Commission, to partner with a offshore lobster fishery and (2) how the re- Ocean Exploration and Research .......................................... 43,000
university or consortium of universities to Integrated Ocean Acidification .............................................. 15,500
sulting increase in enforcement and/or any Sustained Ocean Observations and Monitoring .................... 45,408
establish a multi-year demonstration pilot enforcement actions (e.g., seizure of illegal National Oceanographic Partnership Program ...................... 3,000
of an Integrated Multi-Trophic Aquaculture gear) could count towards risk-reduction Ocean, Coastal, and Great Lakes Research .............................. 231,408
(IMTA) system in State waters of the Gulf of under the North Atlantic right whale take
Mexico, which shall culture native species of High Performance Computing Initiatives .................................. 17,800
reduction program. NMFS shall report to the
finfish, bivalve mollusks, and macroalgae. Committees in writing on the status of the Total, Office of Oceanic and Atmospheric Research, Op-
The pilot is to be for research, training, and program, beginning not later than 180 days erations, Research, and Facilities ............................... $570,590
educational purposes only and should involve after enactment of this Act, and every 90
students, fishermen, and farmers, and shall days thereafter until the program is estab- The agreement adopts House direction and
endeavor to inform how to adapt IMTA lished. funding for Atmospheric Baseline Observ-
methods and systems, in an environmentally Report on Illegal, Unreported, and Unregu- atories as well as House language and an in-
and ecologically balanced manner, for de- lated (IUU) Fishing.—In lieu of House lan- crease of $2,500,000 above the fiscal year 2020
ployment in warm water environments. guage requesting a report on IUU enforce- enacted level for the Regional Integrated
Salmon Management Activities.—Within the ment and seafood traceability, NMFS is di- Sciences and Assessments program. Further,
amount included for Salmon Management rected to provide a report, within 90 days of the agreement encourages NOAA to increase
Activities, the agreement provides enactment of this Act, that summarizes on- collaboration with the Department of En-
$39,500,000, an increase of $4,000,000 above the going efforts to prevent the importation of ergy in its climate research and modeling ef-
fiscal year 2020 enacted level, to enable seafood harvested through IUU fishing and forts, including, as appropriate, the sharing
NOAA, the Pacific States, and Tribal com- address imported seafood fraud. The report of resources and the exchange of detailees, in
munities to continue activities in support of should include the following: (1) the volume order to minimize the duplication of efforts
the obligations set forth in the renegotiated and value of seafood species subject to the and to increase the cross pollination of ideas
annex of the Pacific Salmon Treaty (PST). Seafood Import Monitoring Program (SIMP) and research.
No less than $20,000,000 of the funds provided imported during fiscal year 2020; (2) the en- Earth’s Radiation Budget.—The agreement
shall be made available to support ongoing forcement activities carried out under SIMP; adopts House language and provides
and new implementation and mitigation ac- (3) the percentage of import shipments sub- $9,000,000 for Earth’s Radiation Budget, and
tivities for the PST. Before any of these ject to SIMP selected for inspection or audit; directs OAR to coordinate this work with
funds may be obligated, NOAA is directed to (4) the number of instances of noncompliance the National Aeronautics and Space Admin-
provide the Committees with a detailed with the SIMP requirements; (5) the seafood istration (NASA), as appropriate.
spending plan that is reflective of the fund- species in which such noncompliance were VORTEX–USA.—The agreement provides
ing recommendations produced by the U.S. found to be the most prevalent; and (6) such $7,500,000 to initiate the implementation of a
section of the Pacific communities to con- other information that NMFS considers ap- tornado warning improvement and extension
tinue activities in support of the obligations propriate with respect to SIMP monitoring program as authorized in the Weather Re-
set forth in the renegotiated annex of the and enforcing compliance. search and Forecasting Innovation Act of
Pacific Salmon Treaty (PST). No less than Definition of Illegal, Unreported, and Unregu- 2017 (Public Law 115–25), and to be known as
$20,000,000 of the funds provided shall be lated Fishing.—Not later than 90 days after VORTEX–USA. In developing the program
made available to support ongoing Salmon enactment of this Act, NOAA shall revise ex- plan and annual budget, as authorized by
Commission. In doing so, NOAA is directed isting regulations defining IUU fishing, pro- Public Law 115–25, OAR shall consider all op-
to consult with the Pacific States, Tribal vided in 50 C.F.R 300.201, to be consistent tions across the technology readiness scale
communities, and other stakeholders. Fur- with the definition codified in section 3532(6) to reduce the loss of life and economic dam-
ther, NOAA is encouraged to minimize, to of Public Law 116–92. age caused by tornadoes, including expand-
the extent practicable, the amount of funds Habitat Conservation and Restoration.— ing atmospheric observations, advancing
withheld for administrative expenses. Within Habitat Conservation and Restora- radar technology, and improving the deliv-
Salmon and Steelhead Monitoring.—The tion, NOAA is encouraged to include a broad- ery of actionable weather information, and
agreement recognizes that NOAA intends to er ecosystem-based management philosophy; shall include as part of the program plan
continue funding research in fiscal year 2021 expand criteria to include recreational spe- quantitative goals for improving the pre-
to monitor mortality of spring Chinook cies, managed commercial species, and for- diction of tornadoes by which the Commit-
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salmon in the Columbia River in order to un- age species; and prioritize proposals that en- tees can measure the success of any invest-
derstand the impacts of marine mammal pre- gage local communities. NOAA should also ments. The VORTEX–SE program shall con-
dation. Not later than 60 days after submis- continue to emphasize the value of partner- tinue and be closely coordinated with this
sion of the President’s budget for fiscal year ships when evaluating grant applications. broader initiative, and, within these funds,
2022, NOAA is directed to brief the Commit- Oyster Restoration.—The agreement pro- the agreement provides an increase of no less
tees on the research priorities of the North- vides $250,000 above the fiscal year 2020 en- than $2,000,000 above the fiscal year 2020 level
west Fisheries Science Center and the pros- acted level within Habitat Conservation and to expand the VORTEX–SE efforts.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7929
U.S. Weather Research Program (USWRP).— ploration and Research. Within the funding nologies to sample the weather in the atmos-
The agreement rejects the proposal to cut provided, OAR is directed to accelerate ef- pheric boundary layer. NWS is directed to
base funding for USWRP. Within the funding forts to map and characterize America’s Ex- provide a briefing to the Committees about
provided for USWRP, no less than $13,000,000, clusive Economic Zone and Extended Outer how such a profiler research testbed could be
an increase of $5,000,000 above the fiscal year Continental Shelf, including by maximizing established.
2020 enacted amount, is included for the the amount of funding provided for the Automated Surface Observing System
Earth Prediction Innovation Center (EPIC) Ocean Exploration Cooperative Institute and (ASOS).—NWS is directed to ensure that
and House language on EPIC is adopted. Fur- supporting competitive awards for deep rural and remote communities who dis-
ther, NOAA is expected to finalize and award ocean acoustic research. NOAA is also en- proportionately rely on ASOS operability for
the EPIC contract in fiscal year 2021, and couraged to work with the Department of continued reliable air service are provided
continue building the community-based in- Defense and other relevant agencies to con- with additional resources, such as trained
frastructure so that participants can utilize tinue fundamental ocean exploration in human observers, to continue observing ca-
external compute resources, including cloud which open source data are collected for the pabilities in the event of an ASOS outage.
technologies, to interface with the agency. It oceanographic community and private indus- Climate Prediction Center.—NWS is directed,
is also expected that NOAA will continue to tries in real-time through telepresence tech- through the Climate Prediction Center, to
centralize available observations used in nology. engage with State agencies, non-profit orga-
operational models in a publicly accessible National Weather Service (NWS).— nizations, academic institutions, and the
manner by leveraging cloud technology with- $1,100,776,000 is for NWS Operations, Re- general public in rural areas in the Mid-At-
in the EPIC infrastructure. search, and Facilities. lantic United States that due to changes in
Within funding for USWRP, the agreement climate have seen unseasonable and unex-
provides $1,000,000 to support external oppor- NATIONAL WEATHER SERVICE pected drought in order to improve drought
tunities with academic institutions in prom- Operations, Research, and Facilities monitoring and reporting.
ising areas of weather-related research that (In thousands of dollars) Analyze, Forecast and Support (AFS).—The
may advance NOAA’s mission and benefit so- agreement provides an increase of $22,500,000
ciety, including infrasonic monitoring meth- Program Amount above the fiscal year 2020 enacted level for
ods of violent weather. AFS and directs NWS to use the increased
National Sea Grant College Program.—The Observations ........................................................................ $231,910 funding to reconcile previous year funding
Central Processing ............................................................... 97,980
agreement provides $75,000,000 for the Na- Analyze, Forecast and Support ............................................ 537,000 gaps and prioritize filling vacancies in cur-
tional Sea Grant College Program, including Dissemination ...................................................................... 78,362 rently understaffed weather forecast offices.
an increase of $2,500,000 as compared to the Science and Technology Integration .................................... 155,524 Environmental Processes in the Arctic.—
fiscal year 2020 enacted level for the base Within the funding provided for AFS, the Na-
Total, National Weather Service, Operations, Re-
program that funds universities in States search, and Facilities ............................................. 1,100,776 tional Centers for Environmental Prediction
around the country. is encouraged to develop capacity for sea-
Fisheries-Related Research.—The agreement The agreement does not adopt House lan- sonal to multiannual timescale predictions
includes $2,500,000 within Sea Grant to fully guage on Data Sharing for Integrated Global of environmental processes in the Arctic.
fund the project initiated in fiscal year 2020 Observing System and Global Basic Observ- Tsunami Warning Program.—The agreement
to develop agency-independent estimates of ing Network and includes up to $1,000,000 for rejects NWS’s proposed cut to the Tsunami
the abundance of greater amberjack in the Ship Observation Data Buys. For fiscal year Warning Program, including for the National
Gulf of Mexico. Within the funding provided, 2021, NWS shall follow prior year direction Tsunami Hazard Mitigation program grants.
the Committee also encourages Sea Grant to regarding NWS Staffing in Alaska adopted in Funding is provided at no less than $500,000
establish a regional extension initiative for Public Law 116–93. above the fiscal year 2020 enacted level to en-
Gulf of Mexico reef fish. NEXRAD Coverage.—NOAA is directed to sure that high-quality tsunami watches,
American Lobster Research.—Within funding provide the Committees with a follow-up warnings, and advisories are issued to safe-
for the Sea Grant program, the agreement guard lives and property. NWS is directed to
briefing with personnel from NWS and OAR
provides $2,000,000 for American lobster re- expeditiously fill the current vacancies.
to discuss best options and cost require-
search as directed in Public Law 116–93. Tsunami Preparedness in Alaska.—NOAA is
Green Infrastructure.—The agreement pro- ments of further supplementing the
NEXRAD system with additional sources of directed to work with other relevant Federal
vides $500,000 for the Sea Grant program to
observations regularly used by forecasters to agencies, the State of Alaska, local govern-
partner with local, regional, and State gov-
predict severe weather in absence of com- ments, and area stakeholders to actively
ernments, as well as with non-governmental
plete radar coverage. monitor Barry Glacier in Prince William
organizations, to research innovative tech-
National Data Buoy Center (NDBC).—The Sound, Alaska, and tailor, as needed, its
niques and use of low-impact development
agreement provides sufficient funding to early warning tsunami systems to be pre-
and green infrastructure practices to miti-
maintain, at a minimum, NDBC operations pared for a possible landslide-induced tsu-
gate runoff from developed lands that con-
at 80 percent data availability. NOAA is di- nami in the area. This effort should include,
tribute to nutrient-driven cyanobacteria
rected to provide adequate funding to sup- if appropriate, the deployment of sensors in
blooms, and otherwise pollute freshwater
aquatic systems, especially large lakes. port maintenance and service of the Tropical strategic locations and the development of
Contaminants of Emerging Concern.—The Atmosphere/Ocean Array and Deep Ocean As- inundation models to inform emergency
agreement provides $500,000 within the Sea sessment and Reporting of Tsunamis Array planning efforts.
Grant program to partner with State agen- across the equatorial Pacific, recognizing Report on Weather Research Priorities.—In
cies and academic institutions to research the importance of ensuring full tsunami pre- lieu of House language on a Weather
and monitor contaminants of emerging con- diction capacity. As part of the fiscal year Decadal, the agreement directs NOAA’s
cern that may cause ecological or human 2021 spending plan, NOAA shall include a Science Advisory Board to publish a report,
health impacts, including PFAS, in coastal schedule to restore existing data buoy oper- not later than one year after enactment of
and estuarine waters. ability, including buoys damaged by hurri- this Act, that provides policymakers with
Microfiber Research.—The Sea Grant pro- canes in calendar year 2020, and its strategy the relevant information necessary to
gram is encouraged to support interdiscipli- to minimize outages in the future. prioritize investments in weather fore-
nary research on the impact of microfiber National Mesonet Program.—The agreement casting, modeling, data assimilation, and
pollution on aquatic environments that provides no less than $22,200,000, an increase supercomputing over the next ten years; and
leverages public-private partnerships and fo- of $2,000,000 above the fiscal year 2020 en- that evaluates future potential Federal in-
cuses on identifying and characterizing acted level, for the continuation and expan- vestments in science, satellites, radars, and
microfibers in textile products, as well as de- sion of the National Mesonet Program. Of other observation technologies, to include
termining their impact on aquatic environ- the funds provided, up to $750,000 may be surface and boundary layer observations, so
ments and species. used for Meteorological Assimilation Data that all domestic users of weather informa-
Sea Grant Aquaculture Research.—The Ingest System activities, and up to $500,000 tion can receive data in the most efficient
agreement provides $13,000,000 for Sea Grant may be used for costs associated with the and effective manner possible.
Aquaculture Research. NOAA is directed to National Mesonet Program Office. Office of Water Prediction (OWP).—The
support marine aquaculture research and de- The National Mesonet Program is encour- agreement provides no less than $34,500,000
velopment in partnership with universities, aged to proactively work with other Federal for OWP, which receives funding across mul-
including with Historically Black Colleges agencies, including the National Science tiple NWS budget lines, and rejects the pro-
and Universities and Tribal Colleges and Foundation and the U.S. Geological Survey, posed decrease for OWP within AFS. The
Universities. Similar research efforts have to identify observations and platforms of op- agreement maintains the direction adopted
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led to beneficial outcomes such as the devel- portunity in areas with sparse instrumenta- in previous fiscal years for NWS to continue
opment and commercialization of new tech- tion that may be transferred to the National to expedite hiring within the National Water
nologies to meet the domestic demand for Mesonet Program. Further, the National Center (NWC) Water Prediction Operations
seafood, including finfish, shrimp, and oys- Mesonet Program is encouraged to establish Division and reach full operating capability
ters. a profiler research testbed, using existing no later than the end of fiscal year 2022.
Ocean Exploration and Research.—The profiler networks that provide statewide ob- NOAA shall also continue to transition OWP
agreement provides $43,000,000 for Ocean Ex- servational capability, to use advanced tech- personnel from other offices to the NWC, as
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H7930 CONGRESSIONAL RECORD — HOUSE December 21, 2020
deemed necessary to improve effectiveness NATIONAL ENVIRONMENTAL SATELLITE, DATA AND vance applicants and employees critical to
and efficiency. Within 45 days of enactment INFORMATION SERVICE—Continued promoting greater racial and cultural diver-
of this Act, NOAA is directed to provide the Operations, Research, and Facilities sity, and the outcomes of these efforts; and
Committees with an updated staffing plan any additional steps and recommendations
(In thousands of dollars)
for the NWC. planned to promote greater racial and cul-
The agreement also provides no less than Program Amount tural acceptance and diversity throughout
the fiscal year 2020 enacted level to continue the NOAA workforce, including the develop-
to expedite development of the National Total, National Environmental Satellite, Data and Infor- ment and analysis of metrics to evaluate
Water Model and other next-generation mation Service, Operations, Research, and Facilities $291,533
success.
water modeling capabilities, and directs Workforce Succession Planning.—NOAA is
NWS to continue to expeditiously transition The agreement adopts the proposed tech-
nical transfers to the Office of Satellite and directed to provide the Committees, no later
the water resources prediction capabilities than 270 days after enactment of this Act, a
developed by OWP, including flood inunda- Product Operations, moving operations fund-
ed within Cooperative Data and Rescue Serv- report that details: (1) the age composition
tion mapping products, into operations. of NOAA’s workforce, to include an assess-
Hydrology and Water Resource Programs.— ices, Satellite Ground Services, and the Of-
fice of Projects, Planning and Analysis from ment of the percentage of staff by line office
The agreement recognizes that the clear,
Procurement, Acquisition and Construction that are currently retirement eligible or will
present, and increasing threat of water-re-
to Operations, Research, and Facilities. The be within the next five fiscal years; (2) a
lated hazards demands an increased commit-
agreement clarifies House language that Re- summary of the agency’s current workforce
ment to and investment in water-related re-
gional Climate Services is provided no less succession plans, including any relevant doc-
search and development to better support
NOAA’s existing and growing water-related than $7,000,000, which includes no less than umentation; and (3) any challenges to suc-
operational services. Therefore, the agree- $4,600,000 for Regional Climate Centers. cession planning that could be remedied
ment includes no less than $15,000,000 Space Commerce.—The agreement approves through legislation.
the request to merge the Office of Commer- Facilities Maintenance and Capital Improve-
($14,000,000 within NWS, Science Technology
and Integration; and $1,000,000 within NOS, cial Remote Sensing Regulatory Affairs and ments.—Within Mission Support, the agree-
Coastal Science and Assessment) for NWS, in the Office of Space Commerce (OSC) and pro- ment includes $5,000,000 in a new PPA, Fa-
collaboration with NOS, to establish a new vides $10,000,000 for OSC, which on balance is cilities Maintenance and Capital Improve-
NOAA Cooperative Institute (CI), by no later $5,900,000 above the fiscal year 2020 enacted ments, which is to be administered by the
than the end of fiscal year 2021, which is to level. Within the funding provided, the Office of the Chief Administrative Officer to
focus solely on helping NOAA address the agreement directs NESDIS and OSC to ini- address the growing backlog of deferred
Nation’s growing water-related challenges. tiate a space traffic management (STM) maintenance and capital improvement needs
The proposed CI should leverage talent and pilot program, in collaboration with indus- at NOAA facilities. Before any of these funds
diversity from multiple universities to lead try, the Department of Defense, the Federal may be obligated, NOAA is directed to pro-
an interdisciplinary, systems-based research Aviation Administration, NASA, and other vide the Committees with a detailed spend-
approach from mountains to tributaries, Federal partners, as appropriate, to develop ing plan that explains what projects will be
lakes and rivers, and ultimately to the STM technical prototypes, initiate an open supported with the provided funding, as well
coasts that will seed new and improved oper- architecture data repository, and perform as a prioritized list of the backlog of needed
ational services for NOAA by improving our STM demonstrations and experiments. With- facilities repair, improvement, and mainte-
current understanding of the water cycle and in 45 days of enactment of this Act, NESDIS nance projects. NOAA is encouraged to mini-
our ability to observe and predict it. The CI shall provide the Committees with a detailed mize, to the extent practicable, the amount
shall deliver expertise and resources in the spending plan for the funding provided to of funds withheld for administrative ex-
following areas of emphasis: OSC. penses.
hydroinformatics and community water re- Mission Support.—$302,845,000 is for Mission NOAA Environmental Security Computing
sources modeling; geographic information Support Operations, Research, and Facili- Center (NESCC).—Within funding provided for
systems and remote sensing, including snow ties. Facilities Maintenance and Capital Improve-
depth and soil moisture; coastal inundation ments, NOAA shall consider making nec-
modeling and forecasting in collaboration MISSION SUPPORT essary upgrades to the NESCC to support fu-
with NOS; data assimilation; computational ture compute needs. Additionally, NOAA, in
Operations, Research, and Facilities
science and high performance computing; ar- coordination with the General Services Ad-
(In thousands of dollars)
tificial intelligence; and machine learning. ministration, is encouraged to execute a cost
The proposed CI shall also prioritize the cul- Program Amount benefit analysis to determine the merit of
tivation of the next-generation of water re- potentially acquiring the facility.
sources scientists and engineers who will be
Mission Support Services: Office of Marine and Aviation Operations
Executive Leadership ............................................................. $27,078 (OMAO).—$253,665,000 is for OMAO Oper-
needed to tackle the grand challenges of 21st Mission Services and Management ...................................... 156,000
century water resources. NOAA should en- IT Security .............................................................................. 15,378 ations, Research, and Facilities.
Payment to the DOC Working Capital Fund ......................... 66,389
courage and prioritize submissions from ap- Facilities Maintenance and Capital Improvements .............. 5,000
plicants that can demonstrate established OFFICE OF MARINE AND AVIATION OPERATIONS
collaboration with NOAA’s water research Mission Support Services ........................................................... 269,845 Operations, Research, and Facilities
programs, led by the National Water Center, (In thousands of dollars)
Office of Education:
as well as those of other pertinent Federal BWET Regional Programs ...................................................... 7,750 Program Amount
partners, principally the U.S. Geological José E. Serrano Educational Partnership Program with Mi-
Survey and Federal Emergency Management nority Serving Institutions ................................................ 20,000 Office of Marine and Aviation Operations:
NOAA Education Program Base ............................................. 5,250 Marine Operations and Maintenance .................................... $166,000
Agency.
Dissemination.—The agreement provides Aviation Operations and Aircraft Services ............................ 32,000
Office of Education .................................................................... 33,000 Autonomous Uncrewed Technology Operations ..................... 13,665
$78,362,000 for Dissemination which shall be NOAA Commissioned Officer Corps ....................................... 42,000
used to cover adjustments to base and other Total, Mission Support, Operations, Research and Facili-
ties ................................................................................ $302,845 Total, Office of Marine and Aviation Operations, Oper-
mission-critical costs, including those need-
ed to further strengthen and advance the ations, Research, and Facilities .................................. $253,665
Sexual Assault and Sexual Harassment
NWS integrated dissemination platform. (SASH).—The agreement directs NOAA to
National Environmental Satellite, Data and For fiscal year 2021, OMAO is directed to
continue implementing NOAA Administra- follow prior year language on Charter Ves-
Information Service (NESDIS).—$291,533,000 is
tive Order (NAO) 202–1106 on sexual assault sels adopted by Public Law 116–93.
for NESDIS Operations, Research, and Fa-
cilities. and sexual harassment prevention and pro- Funding for the NOAA Commissioned Officer
vides $2,000,000 within Mission Services and Corps.—The agreement accepts the adminis-
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND Management for this purpose. The agree- tration’s budget proposal to consolidate
ment further encourages the use of carryover OMAO funding for the NOAA Commissioned
INFORMATION SERVICE funds to expedite the hiring of staff to carry Officer Corps and its supporting functions
Operations, Research, and Facilities out this work. NOAA shall continue to pro- into a single PPA, as is reflected in the pre-
(In thousands of dollars) vide the Committees with a copy of the re- ceding table. In so doing, funding has been
Program Amount
port required under Section 12.02 of NOAA transferred from Marine Operations and
Administrative Order 202–1106. Maintenance, Aviation Operations and Air-
Environmental Satellite Observing Systems: NOAA Diversity and Inclusion.—NOAA is di- craft Services, and Autonomous Uncrewed
Office of Satellite and Product Operations ........................... $189,099
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rected to take discrete steps to promote ra- Technology Operations to the new PPA.
Product Development, Readiness and Application ............... 28,434
Office of Space Commerce .................................................... 10,000 cial and cultural acceptance and diversity However, on balance, the amount provided
U.S. Group on Earth Observations ........................................ 500 within its workforce. No later than 180 days for OMAO represents a $9,250,000 increase
after enactment of this Act, NOAA is di- above the fiscal year 2020 enacted level.
Environmental Satellite Observing Systems .............................. 228,033
rected to submit a report analyzing the cur- Mitigating Hi‘ialakai Operations.—It is
National Centers for Environmental Information ...................... 63,500 rent racial and cultural makeup of the agen- noted that even before OMAO operations
cy; planned efforts to recruit, retain, and ad- were disrupted in 2020, no coverage was to be
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7931
provided in fiscal year 2020 to assess emerg- struction (PAC), of which $1,532,558,000 is ap- Geostationary Earth Orbit (GEO).—The
ing threats to marine national monuments propriated from the general fund and agreement approves the administration’s
in the Pacific administered by NOS. OMAO is $13,000,000 is derived from recoveries of prior proposal to create a GEO PPA and has trans-
directed to submit a report on its plan to en- year obligations. The following narrative ferred $10,000,000 from SAE to fund this ac-
sure adequate ship time for this mission no and table identify the specific activities and tivity. This funding shall be used to support
later than 90 days after enactment of this funding levels included in this Act: the start of the GEO Phase A mission con-
Act. cept and technology development activities,
Monitoring of Atmospheric Rivers.—The PROCUREMENT, ACQUISITION AND CONSTRUCTION including the continuity missions to follow
agreement provides no less than $1,500,000 (In thousands of dollars) the Geostationary Systems–R series and
within Aviation Operations and Aircraft Space Weather Follow On programs. These
Services to better observe and predict at- Program Amount activities may include low-cost sensors and
mospheric rivers and encourages the use of CubeSats to advance existing space weather
National Ocean Service:
unexpended funds for this purpose from fiscal National Estuarine Research Reserve Construction ............. $4,500 measurement capabilities. Further, NOAA is
year 2020 to increase atmospheric rivers ob- Marine Sanctuaries Construction .......................................... 4,000 encouraged to coordinate with NASA to en-
servations. sure its space weather research is applicable
Total, NOS—PAC ....................................................................... 8,500
Pilot Recruitment and Training.—The agree- and can be transitioned to NOAA’s space
ment directs OMAO to continue programs to Office of Oceanic and Atmospheric Research: weather operations.
recruit and train pilots for service in the Research Supercomputing/CCRI ............................................ 43,500 Satellite Ground Services.—The agreement
NOAA Commissioned Officer Corps, and pro- provides the requested amount for Satellite
vides up to the fiscal year 2020 enacted National Weather Service: Ground Services, including no less than
Observations .......................................................................... 15,700
amount for this purpose. Central Processing ................................................................ 68,000 $5,000,000 for Data-source Agnostic Common
High Altitude Hurricane Hunter Aircraft Dissemination ........................................................................ 9,934 Services to utilize data and observations
Back-up.—The agreement supports efforts by Facilities Construction and Major Repairs ........................... 10,000 from an increasingly diverse array of partner
NOAA and NASA to establish a memo- Total, NWS—PAC ....................................................................... 103,634 and commercial systems.
randum of agreement (MOA) for the NASA NOAA Construction.—The agreement pro-
Gulfstream-V to serve as a back-up to the National Environmental Satellite, Data and Information Serv- vides $43,000,000 for NOAA’s highest priority
NOAA Gulfstream IV–SP Hurricane Hunter ice: facilities construction, repair, and deferred
Geostationary Systems—R .................................................... 334,500
aircraft. The Committee expects NOAA and Polar Weather Satellites ........................................................ 657,835 maintenance requirements. Thirty days be-
NASA to formalize an MOA as soon as pos- Cooperative Data and Rescue Services ................................ 14,400 fore obligating any funds, NOAA shall sub-
sible, but not later than 90 days after enact- Space Weather Follow On ...................................................... 108,115 mit a report detailing how the funds will be
COSMIC 2/GNSS RO ............................................................... 5,892
ment of this Act. Satellite Ground Services ...................................................... 39,287 expended and an explanation of why these
Autonomous and Uncrewed Technology Oper- Projects, Planning, and Analysis .......................................... 15,945 projects were prioritized. NOAA is directed
ations (AUTO).—The agreement provides Geostationary Earth Orbit ...................................................... 10,000 to prioritize funding for infrastructure
Systems/Services Architecture and Engineering ................... 38,500
$13,665,000 for AUTO, as authorized by the Satellite CDA Facility ............................................................. 2,450 projects related to marine operations, in-
Commercial Engagement through Ocean cluding facilities to accommodate NOAA re-
Technology Act (Public Law 115–394). Within Total, NESDIS—PAC ......................................................... 1,226,924 search vessels.
the funds provided, up to $5,000,000, an in- There is significant concern that several
Mission Support:
crease of $1,000,000 above the fiscal year 2020 NOAA Construction ................................................................ 43,000 NMFS laboratories will soon be unable to
enacted level, may be used to establish and perform basic scientific functions, given the
support extramural partnerships for un- Office of Marine and Aviation Operations: age of the infrastructure, state of disrepair,
Fleet Capital Improvements and Technology Infusion ......... 25,000 and changing physical environments in
manned maritime systems research, develop- Vessel Recapitalization and Construction ............................ 75,000
ment, testing, and training, including any Aircraft Recapitalization and Construction ........................... 20,000 which they are located. NOAA is therefore
legacy projects previously supported by the encouraged to commence a competitive so-
Total, OMAO—PAC ................................................................... 120,000 licitation process for proposals from aca-
Unmanned Aircraft Systems Program Office
or the Autonomous Underwater Vehicle Total, Procurement, Acquisition and Construction .................... $1,545,558 demic and nonprofit partners to co-locate
Demonstration Testbed. Further, the agree- NMFS laboratories, as a means of leveraging
ment also provides up to $3,000,000 to con- Judgment Fund Repayment.—The agreement research efforts and enhancing scientific ca-
tinue data acquisition from unmanned mari- does not provide funding for NOAA to make pabilities.
time systems (UMS), as defined within Pub- payments to the Department of Treasury Vessel Deferred Maintenance and Technology
lic Law 115–394, as well as for cooperative, Judgment Fund. Infusion.—The funding provided above the re-
competitive research and development of Research Supercomputing.—Within funding quest for Fleet Capital Improvements and
UMSs that can serve as a cost-effective aug- provided for Research Supercomputing/CCRI, Technology Infusion shall be for deferred
mentation for relevant research missions $15,000,000 shall be used to continue to de- maintenance and technology infusion to
and fisheries data collection. velop a dedicated high performance com- transition to a progressive maintenance
In executing the AUTO program, OMAO is puting facility in collaboration with part- model.
encouraged to continue to coordinate with ners that have existing high performance NOAA Ship Ronald H. Brown.—The agree-
IOOS regarding use of underwater gliders computing expertise and scientific synergies. ment reiterates House language expressing
and leverage partnerships with universities, National Weather Service.—The agreement frustration over the omission of a request for
oceanographic institutions, and other Fed- includes the requested amount for NWS Ob- funding in the fiscal year 2021 President’s
eral agencies, especially the Naval Meteor- servations to continue the Next Generation budget request for the midlife maintenance
ology and Oceanography Command and the Weather Radar and the ASOS Service Life period for NOAA Ship Ronald H. Brown.
Naval Undersea Warfare Center. Extension Programs as planned. Maintaining a safe and capable fleet of ves-
2021 Hurricane Hunter Flight Hours.—The Integrated Water Prediction.—The agree- sels is a NOAA mission requirement and it is
agreement includes an additional $2,000,000 ment provides an increase of $1,239,000 above expected that DOC and NOAA will make this
within Aviation Operations and Aircraft the fiscal year 2020 enacted level for Central a top priority in future budget requests. Not
Services to fund additional hurricane flight Processing under NWS PAC, which includes later than 90 days after enactment of this
hours in fiscal year 2021. There is concern not less than $5,739,000 to procure oper- Act, OMAO shall develop and brief the Com-
that OMAO’s annual aircraft budgeting and ational high performance computing re- mittees on a plan to allocate funds from
scheduling processes are not accounting for sources to enable modeling improvements within Vessel Recapitalization and Construc-
the actual annual requirements of the hurri- associated with the IWP initiative. With the tion to commence the midlife maintenance
cane reconnaissance mission, evidenced by increased computing resources, the agree- period for NOAA Ship Ronald H. Brown.
the fact that in each of the three previous ment encourages the prioritization of work Mission Requirement Costs.—NOAA is di-
fiscal years OMAO has vastly exceeded the by NOS, in collaboration with NWS, on IWP rected to document within all of its future
number of hours allocated for hurricane re- and coastal inundation. budget requests any unfunded mission re-
connaissance on its WP–3D Orion aircraft. Systems/Services Architecture and Engineer- quirement costs, and particularly those that
Therefore, OMAO is directed to brief the ing (SAE).—The agreement accepts the pro- are necessary to maintain the optimal oper-
Committees, not later than 90 days after en- posed transfer from the Office of Projects, ational tempo of NOAA assets and posture of
actment of this Act, on its annual aircraft Planning, and Analysis into SAE. No less NOAA facilities.
budgeting and scheduling processes and shall than $2,700,000 is provided for Joint Venture Buy American Provisions.—NOAA shall fol-
include as part of its fiscal year 2022 budget Partnerships with NASA and the commercial low prior year direction adopted in Public
the number of flight hours supported on each sector to leverage emerging capabilities for Law 116–93 regarding Buy American provi-
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aircraft type within the fleet. NOAA’s operational use. sions related to marine vessels and marine
The agreement also provides not less than vessel components. NOAA shall report to the
PROCUREMENT, ACQUISITION AND CONSTRUCTION
$4,000,000 above the fiscal year 2020 enacted Committees about how this direction has
(INCLUDING TRANSFER OF FUNDS) been reflected in current acquisition docu-
level for the commercial data purchase and
The agreement includes a total program commercial weather data pilot programs, ments and how it will be incorporated in the
level of $1,545,558,000 in direct obligations for which is to be divided between the two pro- Fleet Recapitalization Plan no less than 90
NOAA Procurement, Acquisition and Con- grams as deemed appropriate. days after enactment of this Act.
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H7932 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Aircraft Recapitalization.—The agreement request, the Department is directed to pro- ment is directed to provide an updated 5-year
provides $20,000,000 to finalize the procure- vide justification that clearly articulates budget profile for this project as part of the
ment and modifications of a suitable replace- why each Advancements and Reimburse- fiscal year 2022 budget request.
ment for the Gulfstream IV–SP Hurricane ments account and Working Capital Fund OFFICE OF INSPECTOR GENERAL
Hunter aircraft. project administered by the Office of Acqui-
The agreement includes a total of
Acquisition and Construction Cost Esti- sition Management, Office of Budget, Office
$43,556,000 for the Office of Inspector General
mation.—The agreement notes with exaspera- of the Chief Financial Officer and Assistant
(OIG). This amount includes $34,000,000 in di-
tion the continuing trend of NOAA under- Secretary for Administration, and Chief of
rect appropriations, a $2,000,000 transfer from
estimating the costs of major acquisition Staff should continue to be funded through
USPTO, a transfer of $3,556,000 from the Bu-
and construction projects. As such, the the Department of Commerce Working Cap-
reau of the Census, Periodic Censuses and
agreement directs GAO to conduct an audit, ital Fund.
Scientific Integrity Policy.—Many are Programs, and $2,000,000 from NOAA PAC for
as soon as possible, of NOAA’s internal cost
alarmed by the findings of the National audits and reviews of those programs. In ad-
estimation procedures to include (1) a review
Academy of Public Administration (NAPA) dition, $2,000,000 is derived from the Public
of the extent to which NOAA’s cost esti-
investigation titled ‘‘An Independent Assess- Safety Trust Fund for oversight of FirstNet.
mation procedures align with best practices
ment of Allegations of Scientific Mis- The agreement directs the OIG to continue
in GAO’s Cost Estimating and Assessment
conduct.’’ The NAPA investigation found its oversight work on cybersecurity, NOAA
Guide, (2) ways in which NOAA can increase
that NOAA officials violated the NOAA Sci- satellite and vessel procurements, telework,
the reliability of cost estimates, and (3) spe-
entific Integrity Policy (NOAA Administra- patent quality, the 2020 Decennial Census,
cific NOAA projects or components of the
tive Order 202–735d), specifically the Code of and the business application system mod-
NOAA cost estimation process that should be
Ethics for Science Supervision and Manage- ernization. Further, the OIG is directed to
subject to regular oversight by the DOC Of-
ment, in its issuance of a statement rebuk- continue assessing all of the working capital
fice of Inspector General.
ing NWS meteorologists regarding Hurricane funds within the Department to evaluate the
PACIFIC COASTAL SALMON RECOVERY budgetary controls in place to develop reim-
Dorian forecasts on September 6, 2019. The
The agreement includes $65,000,000 for the NAPA investigation and a similar Inspector bursement formulas, the relationship of re-
Pacific Coastal Salmon Recovery Fund General investigation, ‘‘Evaluation of imbursements to client services; the appro-
(PCSRF) and directs that funds will be avail- NOAA’s September 6, 2019, Statement About priateness of the level of fund balances, and
able to Tribes without a matching require- Hurricane Dorian Forecasts’’ (OIG–20–032–1), compliance with appropriations law and di-
ment. NOAA is directed to report on how its both note the role that Department officials rection. As part of this assessment, the In-
current priorities meet the intent of the played in the development and release of the spector General shall pay particular atten-
PCSRF to support the recovery and protec- statement. However, Department officials tion to the increasing amounts of funding
tion of all declining salmon stocks. are not bound by NOAA’s Scientific Integ- needed to support the Department’s Office of
FISHERMEN’S CONTINGENCY FUND rity Policy. Therefore, the Department is di- General Counsel (OGC), including the jus-
rected to develop a Department-wide Sci- tification and metrics for how such funding
The agreement includes $349,000 for the
entific Integrity Policy. The Department is being levied against each agency and, re-
Fishermen’s Contingency Fund.
Policy should draw upon, but not interfere ciprocally, how the agencies account for the
FISHERIES FINANCE PROGRAM ACCOUNT services they receive from the OGC. The
with, the NOAA Scientific Integrity Policy
The agreement includes language under and ensure that bona fide scientific evidence agreement also recommends the OIG inves-
this heading limiting obligations of direct and results can be presented absent political tigate the growth and utilization of the De-
loans to $24,000,000 for Individual Fishing interference or censorship. partment’s cash balances in its Working Cap-
Quota loans and $100,000,000 for traditional Section 232 Exclusion Process.—The agree- ital Fund and the quality of services pro-
direct loans. ment continues to provide funding for the vided to the customers.
DEPARTMENTAL MANAGEMENT ongoing exclusion process for steel and alu- GENERAL PROVISIONS—DEPARTMENT OF
SALARIES AND EXPENSES minum tariffs applied under section 232 of COMMERCE
the Trade Expansion Act of 1962 (19 U.S.C. (INCLUDING TRANSFER OF FUNDS)
The agreement includes $73,000,000 for De-
1862), including no less than $7,000,000 within
partmental Management (DM) salaries and The agreement includes the following gen-
BIS and $1,500,000 within DM, and up to
expenses. The Department is expected to eral provisions for the Department of Com-
$8,000,000 within ITA. If additional funding
spend within its appropriated amounts. merce:
for the exclusion process becomes necessary,
For fiscal year 2021, the Department is di- Section 101 makes funds available for ad-
the Department shall report to the Commit-
rected to follow prior year report language, vanced payments only upon certification of
tees at least 15 days prior to the obligation
included in Senate Report 116–127 and adopt- officials, designated by the Secretary, that
of funds above the totals specified herein.
ed by Public Law 116–93, on Small Business such payments are considered to be in the
The Department is directed to exhaust all
Innovation Research, Rare Earth Elements public interest.
available options to ensure section 232 ac-
Manufacturing Cooperative, and Working Section 102 makes appropriations for De-
tivities are funded without causing disrup-
Capital Funds. House report language re- partment of Commerce salaries and expenses
tion to component operational needs or trade
garding Artificial Intelligence (AI) Talent is available for hire of passenger motor vehi-
enforcement priorities previously high-
modified to clarify that these efforts shall be cles, for services, and for uniforms and allow-
lighted in the agreement. Additionally, the
led by NIST, in accordance with House lan- ances as authorized by law.
Department should ensure section 232 activi-
guage for NIST on U.S. Leadership in AI. Section 103 provides the authority to
ties are appropriately funded in future year
Staffing Report.—The Chief Financial Offi- transfer funds between Department of Com-
budget requests and clearly show both cur-
cer and the Chief Human Capital Officer of merce appropriation accounts and requires 15
rent services and program increases antici-
the Department shall continue to provide days advance notification to the Committees
pated to support the program.
quarterly briefings to the Committees on all Improving Trade Data Reporting.—The De- on Appropriations for certain actions.
Department-wide human capital issues, to partment is directed, in coordination with Section 104 provides congressional notifi-
include: a list of funded vacancies, by bu- U.S. Customs and Border Protection, U.S. cation requirements for NOAA satellite pro-
reau, type, and location, including the International Trade Commission, and other grams and includes life cycle cost estimates
length of time the positions have been va- relevant agencies, to review and compare for certain weather satellite programs.
cant; a plan and explanation for addressing methodologies for collecting and publishing Section 105 provides for reimbursement for
each vacancy, including a target for when gross trade flows data and detailed supply services within Department of Commerce
the vacancy will be filled; and other relevant chain data to better document the country buildings.
topics as appropriate. of origin for components of each imported Section 106 clarifies that grant recipients
Salary Lapse.—The Department is directed good before it reaches U.S. consumers. under the Department of Commerce may
to provide a detailed accounting of the deter child pornography, copyright infringe-
RENOVATION AND MODERNIZATION
amounts projected in salary lapse in its fis- ment, or any other unlawful activity over
cal year 2021 spend plan with an explanation The agreement includes a total of $1,123,000 their networks.
of how all anticipated balances will be spent for the Renovation and Modernization ac- Section 107 provides the NOAA Adminis-
for each component. The Department is di- count. For fiscal year 2021, the Department trator with the authority to avail NOAA of
rected to provide this information by line of- is directed to follow prior year report lan- resources, with the consent of those sup-
fices within NOAA that have a greater than guage included in Senate Report 116–127 and plying the resources, to carry out respon-
10 percent vacancy rate as of September 30, adopted by Public Law 116–93 under this sibilities of any statute administered by
heading.
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2020. The Department is advised that any NOAA.
amounts insufficiently justified to either NONRECURRING EXPENSES FUND Section 108 prohibits the National Tech-
augment staff vacancies or support mission The agreement includes $20,000,000 for the nical Information Service from charging for
critical functions will be considered for re- Department of Commerce Nonrecurring Ex- certain services.
scission in fiscal year 2022. penses Fund to continue phase one of the fi- Section 109 allows NOAA to be reimbursed
Department of Commerce Working Capital nancial management and business informa- by Federal and non-Federal entities for per-
Fund.—As part of the fiscal year 2022 budget tion technology modernization. The Depart- forming certain activities.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7933
Section 110 provides the Economics and cies. In lieu of the House report language, and methodology developed by law enforce-
Statistics Administration certain authority the agreement supports continued evalua- ment accreditation organizations nation-
to enter into cooperative agreements. tion of their use by DOJ’s law enforcement wide, including national, State, regional, and
Section 111 removes the requirement for components. Tribal accreditation organizations.
matching funds for amounts provided in this DOJ Task Force Body Camera Pilot Pro- Training for Law Enforcement Officers.—The
Act through the Manufacturing Extension gram.—Last year, the Department initiated a Department of Justice is expected to exer-
Partnership. pilot program to allow federally deputized cise leadership in law enforcement across the
Section 112 allows the Secretary of Com- task force officers to use body-worn cameras Federal government. Accordingly, in lieu of
merce to waive the cost sharing require- while serving arrest warrants, participating language in the House Report, the agreement
ments for funds provided in this Act under in planned arrest operations, and executing directs the Attorney General to ensure im-
sections 306, 306A, and 315 of the Coastal search warrants. The Department is directed plementation of evidence-based training pro-
Zone Management Act of 1972. to submit a report, not later than 30 days grams on de-escalation, the use-of-force, and
Section 113 provides transfer authority for after the date of enactment of this Act, as- the protection of civil rights that are broad-
the Bureau of the Census to fund facilities sessing the results of this pilot program. In ly applicable and scalable to all Federal law
renovation and reconfiguration projects. addition to a programmatic analysis, the re- enforcement agencies. Such programs should
port shall describe the resource requirements be developed in consultation with the DOJ
TITLE II
for continuation and expansion of the pilot. law enforcement components, the Office of
DEPARTMENT OF JUSTICE Responding to Opioids, Methamphetamine,
Justice Programs, the Community Oriented
GENERAL ADMINISTRATION Synthetic Drugs, and Substance Abuse in Our
Policing Services Office, and the Civil Rights
Communities.—The agreement includes a
SALARIES AND EXPENSES Division, with consideration given to estab-
total of $541,500,000 in dedicated grant pro-
The agreement includes $119,000,000 for lishing consistent standards and curricula.
gram funding, an increase of $23,500,000 above
General Administration, Salaries and Ex- The Attorney General is further directed to
the fiscal year 2020 enacted level, to help
penses. In addition, the agreement provides consult with the heads of each Federal law
communities and State and local law en-
funding for the Department’s classified pro- enforcement agency in furtherance of the
forcement respond to substance abuse, in-
grams as described in the classified annex adoption of these programs. Not later than
cluding opioids, stimulants, and synthetic
accompanying this explanatory statement. six months after the date of enactment of
drugs. The Drug Enforcement Administra-
For fiscal year 2021, the Department is di- this Act, the Department shall submit a re-
tion (DEA) is funded at $2,796,762,000, an in-
rected to continue following the directives in port on the implementation status of these
crease of $74,467,000 above the fiscal year 2020
Senate Report 116–127, as adopted by Public training programs, including but not limited
enacted level, to strengthen drug trafficking
Law 116–93, on the following topics: ‘‘Traf- to training curriculum topics and avail-
investigations, including those related to
ficking in Persons,’’ ‘‘Domestic Trafficking ability and capacity of training facility
heroin, fentanyl, and methamphetamines.
Victims Fund Special Assessments,’’ space. Within one year of the date of the en-
The agreement further supports the continu-
‘‘Human Trafficking Justice Coordinators,’’ actment of this Act, the Department shall
ation of heroin enforcement teams, meth-
‘‘Implementation of the Child Protection Im- submit a report on its consultations with
amphetamine and fentanyl cleanup and con-
provements Act (CPIA),’’ ‘‘Constitutional each Federal law enforcement agency and
tainer programs, and other interdiction and
Policing,’’ ‘‘Enforcement of Federal Hate provide a determination of whether each
intervention efforts, including DEA’s 360
Crimes Law,’’ ‘‘Combating Domestic Ter- agency provides training consistent with the
Strategy.
rorism,’’ ‘‘Human Rights Crimes,’’ ‘‘Address- Task Force on Law Enforcement Oversight.— aforementioned programs.
ing Violence Against Indigenous Women,’’ The Attorney General is directed to estab- The Department’s leadership in these mat-
‘‘U.S. Victims of State Sponsored Terrorism lish a Task Force on Law Enforcement Over- ters must also extend to accountability and
Fund,’’ ‘‘Crime Victims Fund Awareness,’’ sight, to be comprised of representatives transparency. The Federal Bureau of Inves-
and ‘‘Wildlife Trafficking.’’ The Department from (1) the Civil Rights Division, (2) the Of- tigation (FBI) launched the National Use-of-
shall submit updated reports consistent with fice of Justice Programs, (3) the Office of Force Data Collection (NUOFDC) on January
the directives. Community Oriented Policing Services 1, 2019, and published the 2019 results in Au-
Strengthening Police-Community Relations.— (COPS), (4) the Federal Bureau of Investiga- gust 2020. While all of DOJ’s law enforcement
The agreement provides $153,500,000 for State tion, (5) the Community Relations Service, components participate in this data collec-
and Local Law Enforcement Assistance and and (6) the Office of Tribal Justice. The Task tion, only 29 other Federal agencies, or 25.4
Community Oriented Policing Services Force shall consult with professional law en- percent of Federal law enforcement, partici-
(COPS) Office grant programs related to po- forcement associations, labor organizations, pate. The Attorney General and the Director
lice-community relations. This is an in- and community-based organizations to co- of the FBI are directed to consult with the
crease of $67,000,000, or 77.45 percent, above ordinate the process of the detection and re- heads of each Federal law enforcement agen-
the fiscal year 2020 level. ferral of complaints regarding incidents of cy in furtherance of universal Federal par-
In addition, $5,000,000 is provided to the De- alleged law enforcement misconduct. ticipation in the NUOFDC. Within six
partment, through section 222 of this Act, for The Department is directed to provide up months of the date of enactment of this Act,
the development and deployment of a data- to $5,000,000 for the activities of the Task the Department shall submit a report on the
base to track excessive use of force and offi- Force. In addition, the Department, in its status of these consultations. Within one
cer misconduct, as required by section 3 of fiscal year 2021 spending plan required by year of the date of the enactment of this
Executive Order 13929 (June 16, 2020). In de- section 528 of this Act, is directed to identify Act, the Department shall submit a report
veloping these databases, the Department is amounts derived from appropriations to identifying those agencies that are not par-
directed to consult with State and local law ‘‘General Administration–Salaries and Ex- ticipating in the collection, and, in each
enforcement agencies, community organiza- penses’’, ‘‘Legal Activities–Salaries and Ex- case, a description of the basis on which the
tions, and advocacy groups, including those penses, General Legal Activities’’, ‘‘Legal agency declined to do so.
that advocate for the preservation of civil Activities–Salaries and Expenses, Commu- The House reports accompanying each of
liberties and civil rights. The Department is nity Relations Service’’, ‘‘Federal Bureau of the fiscal year 2021 appropriations bills in-
directed to submit a plan for the use and ap- Investigation–Salaries and Expenses’’, and cluded references to training and use-of-force
proval of these funds as part of the fiscal amounts derived from management and ad- in Federal law enforcement. In lieu of each
year 2021 spending plan process and to pro- ministration fees assessed by the Office of of those passages, the explanatory state-
vide quarterly updates following the initial Justice Programs and the COPS Office, and ments accompanying the appropriations ti-
plan submission. The House report language, that will solely be used to support the activi- tles of this division adopt language syn-
and associated funding, for a National Police ties of the task force. chronized with the directives to the Attor-
Misconduct Registry is not adopted. Accreditation of Law Enforcement Agencies.— ney General described above.
Federal Police Cameras and Accountability.— The agreement supports DOJ’s effort to de- Use of Force Incidents.—The agreement
The agreement supports the October an- velop and implement consistent accredita- strongly supports efforts to promote partici-
nouncement that the Department of Justice tion standards for Federal, State, and local pation in the NUOFDC by Federal, State,
(DOJ) will permit State, local, territorial, law enforcement. Consistent standards, in- and local law enforcement agencies. In lieu
and Tribal task force officers to use body- formed by broadly-applicable model guide- of the House report language captioned ‘‘Use
worn cameras on Federal task forces around lines and best practices, can ensure commu- of force’’, the Department and the FBI are
the Nation. The agreement supports the use nity accountability and promote policing directed to submit a report, not later than
of the body-worn cameras, and notes that with a guardian mentality. In lieu of the 180 days after the date of enactment of this
funding has been provided for the Body-Worn House report language, the Attorney General Act, with a detailed description of the meth-
ctelli on DSK11ZRN23PROD with HOUSE
Camera Partnership Program since fiscal is directed to take the lead in these efforts, ods for collecting this data and an assess-
year 2016. However, there are complex issues and, in consultation with law enforcement ment of strategies for increasing participa-
associated with the use of body-worn cam- accreditation organizations, recommend tion by Federal, State, and local law enforce-
eras, including data storage costs, access broadly-applicable model guidelines and best ment agencies. The Department and the FBI
under Federal records laws, and the need for practices for accreditation standards. The are further directed to provide a briefing on
consistent and accountable deployment of recommendations should be based on an the NUOFDC not later than 60 days after the
such technology by law enforcement agen- analysis of existing accreditation standards date of enactment of this Act.
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H7934 CONGRESSIONAL RECORD — HOUSE December 21, 2020
DOJ Law Enforcement Agencies’ Use of Force ment is directed to submit as part of its an- Federal Government to counter domestic
Policies.—The Department is directed to re- nual spending plan a description of the terrorism, and to present legislative rec-
view the policies governing the use of deadly CVF’s allocation process, including the re- ommendations thereon.
force and less-than-lethal force for all of its lease of funds for the purposes of the Chil- Charging Policies for Drug Offenders.—The
law enforcement components, including the dren’s Justice Act (Public Law 99–401), dis- Department shall immediately submit the
Bureau of Prisons (BOP), to ensure they are cretionary grants provided by the Office for detailed report required by the explanatory
current and meet appropriate guidelines in- Victims of Crime (OVC), the U.S. Attorneys statement accompanying Public Law 116–93
cluding the Department’s own Deadly Force Offices’ victim-witness coordinators, and the on charging policies for drug offenders. The
Policy and statutory requirements. The De- FBI’s victim-witness specialists. Department is encouraged to work with
partment is directed to maintain these poli- Tribal Sovereign Immunity.—The agreement other Federal agencies to gather the re-
cies on its website in a clearly accessible lo- includes not less than $50,000 for the Office of quired data relating to pre-sentencing re-
cation. Tribal Justice (OTJ) to consult with Tribal ports and drug trafficking cases.
Emmett Till Unsolved Civil Rights Crimes Re- entities concerning risk management, loss Financial Fraud.—The Attorney General
authorization Act of 2016.—The agreement in- prevention, the resolution of tort claims, al- shall continue to prioritize Departmental re-
cludes the full authorized level of $13,500,000 ternative dispute resolution, and protecting sources to ensure that reports of financial
for DOJ component agencies to implement and managing Tribal sovereign immunity in fraud, including scams against senior citi-
the Emmett Till Unsolved Civil Rights the context of economic development. OTJ is zens, are thoroughly investigated, with the
Crimes Reauthorization Act of 2016. directed to report, not later than one year goal of bringing the perpetrators of these
National Instant Criminal Background Check after the date of enactment of this Act, on crimes to justice.
System (NICS).—The Department shall com- the best practices for Tribal risk manage- Robocall Forfeiture Orders.—The Attorney
ply with directions in the House report re- ment. General is directed to prioritize resources to-
garding notifications to State and local au- Sexual Harassment Policies.—The Depart- ward enforcing FCC forfeiture orders and col-
thorities; publication of notification data in ment should be a leader in maintaining a lecting the substantial unpaid penalties im-
its annual NICS Section Operations Report model workplace and is encouraged to col- posed by the FCC against illegal robocallers.
and on the Justice Department website; and laborate with other Federal agencies on the Animal Welfare Enforcement.—The Depart-
submission of a report regarding firearms development of policies regarding sexual ment shall continue to comply with Congres-
sales that have taken more than three days harassment and sexual misconduct. sional direction to prioritize the investiga-
to complete. The Department is expected to Multi-Disciplinary Task Force Addressing tion and prosecution of animal welfare
build on its initial efforts to secure certifi- Human Trafficking in International Waters.— crimes, including those under 7 U.S.C. 2156,
cation and implementation plans for the Fix The Department has failed to meet the direc- 18 U.S.C. 48 and 49, and 49 U.S.C. 80502, and to
NICS Act of 2018 and is directed to submit tives and reporting deadlines, including the report not later than 120 days after the date
the required semiannual report on time. Fur- submission of a final report in March 2019, of enactment of this Act on actions it is tak-
thermore, DOJ shall report not later than 30 originally set in Senate Report 115–139 and ing to enforce such laws, including case de-
days after the date of enactment of this Act adopted in appropriations Acts each fiscal velopment and prosecutions based on refer-
on how Project Guardian satisfies each ele- year thereafter. The Department is directed rals from the FBI, the U.S. Department of
ment of the NICS denial notification direc- to immediately submit all reports and mate- Agriculture Office of Inspector General, and
tive adopted by the joint explanatory state- rials that may be responsive to this direc- other Federal agencies, as well as specific
ment accompanying Public Law 116–93, and tive, and to publish the final report on the training related to these types of crimes for
the number of notifications provided to date. Department’s website not later than 15 days both Departmental law enforcement and liti-
The FBI shall also, as part of each annual after the date of the enactment of this Act. gating components. The report shall include
NICS Section Operations Report, provide Departmental Efforts to Combat Crimes the number of prosecutions and seizures, bro-
data on the notifications provided to State Against Children.—The Department is ex- ken out by litigating component and/or dis-
and local law enforcement, including the pected to maintain a cross-agency budget of trict, for fiscal years 2019, 2020, and 2021.
number of notifications provided to each of Crimes Against Children and to report annu- Live Tissue Training (LTT).—The Depart-
(a) State law enforcement and (b) local law ally to the Committees thereon. As a Na- ment is urged to cease the use of LTT.
enforcement, for each prohibited category. tional Strategy for Child Exploitation Pre- Should additional funding be needed for hu-
The FBI shall also publish monthly data on vention and Interdiction has not been sub- mane medical simulation, the Department
its website listing denials and notifications mitted since April 2016, the Department shall should request this as part of components’
by State and prohibition type. immediately submit and publish on its budget submissions.
Federal Law Enforcement in the Caribbean.— website an updated strategy, as required by Additional Resources.—The agreement urges
The Attorney General shall comply with the 34 U.S.C. 21111(b). The Department shall en- the Department to appropriately address the
direction in the House report to report on sure the position of National Coordinator for needs arising out of the Supreme Court’s de-
violent crime initiatives in Puerto Rico and Child Exploitation Prevention and Interdic- cision in McGirt v. Oklahoma and directs the
the U.S. Virgin Islands. The Department is tion is dedicated to the role set forth by law, Department to continue to make itself avail-
directed to assess its strategy for assisting and shall submit a detailed expenditure plan able for consultations in support of a sus-
the Commonwealth of Puerto Rico in ad- for that office, including staffing, travel, and tainable, long-term response.
dressing violent crime and to consider pro- temporary duty travel expenses not later The direction in the House Report regard-
viding additional Federal resources, if appro- than 90 days after the date of enactment of ing the DOJ review of applications for Fed-
priate. this Act and include those costs in future eral funding shall have no effect.
Office of Legal Counsel (OLC) Opinions.—In budget submissions.
JUSTICE INFORMATION SHARING TECHNOLOGY
lieu of House report language, the Attorney Improving Intradepartmental Collaboration to
General is again strongly urged to direct Combat Terrorism.—The Department is di- (INCLUDING TRANSFER OF FUNDS)
OLC to publish all legal opinions and other rected to significantly increase opportuni- The agreement includes $34,000,000 for Jus-
materials that are appropriate for publica- ties for its law enforcement components to tice Information Sharing Technology.
tion—in particular those materials that are utilize the National Center for Explosives EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
the subject of repeated requests or that may Training and Research and co-located
(INCLUDING TRANSFER OF FUNDS)
be of public or historical interest. ranges, and to expeditiously execute inter-
Reports on Departmental Funds.—The De- agency agreements with respect to range The agreement includes $734,000,000 for the
partment shall continue to submit informa- use. The Department is directed to report on Executive Office for Immigration Review
tion on all applicable funds, including the its progress in this effort not later than 180 (EOIR), of which $4,000,000 is a transfer from
Working Capital Fund, the Three Percent days after the date of enactment of this Act. the U.S. Citizenship and Immigration Serv-
Fund, and the Assets Forfeiture Fund, at the DNA Sample Collection from Immigration De- ices Immigration Examinations Fee Ac-
same level of detail provided in fiscal year tainees.—In lieu of House report language, count. The agreement provides $61,034,000
2020 and as required by the explanatory the Department is directed to report, not above the fiscal year 2020 enacted level and
statement accompanying Public Law 116–93. later than 90 days after the date of enact- provides $35,000,000 in no-year funds. EOIR is
In addition, the section 505 notification of ment of this Act, on the FBI role in the col- directed to provide a robust and detailed jus-
the Three Percent Fund allocation sub- lection, use, and retention of DNA samples tification for the continuation of no-year
mitted to the Committees shall include, for collected on the basis of the final rule ‘‘DNA- funds in its fiscal year 2022 budget request.
each component receiving Three Percent Sample Collection from Immigration Detain- The agreement continues the requirement in
Fund support, a detailed description of pro- ees’’ (March 9, 2020), and the impact of that the explanatory statement accompanying
grams, projects, and activities funded policy on FBI DNA sample testing processing Public Law 116–93 for DOJ to maintain its
ctelli on DSK11ZRN23PROD with HOUSE
through the Three Percent Fund. rates. role in overseeing EOIR’s financial manage-
Crime Victims Fund (CVF).—The Depart- Domestic Terrorism Task Force.—In lieu of ment.
ment shall provide monthly reports regard- the House report language, the agreement Information Technology (IT) Moderniza-
ing CVF balances, deposits, recoveries, and encourages the Attorney General, in con- tion.—Within the amount provided, the
obligations, including obligations associated sultation with the Secretary of Homeland agreement expects EOIR to expedite efforts
with the Antiterrorism and Emergency As- Security, to consider whether a dedicated to implement its new electronic case man-
sistance Program. In addition, the Depart- task force would improve the capacity of the agement system and reiterates the direction
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7935
in the explanatory statement accompanying tion of the resources necessary to offer LOP ized Persons Act in State and local prisons
Public Law 116–93 for EOIR to upload exist- services at additional sites. and jails.
ing case files into the new system. EOIR Video Teleconferencing (VTC).—In lieu of VACCINE INJURY COMPENSATION TRUST FUND
shall continue to include updates on its IT House Report language regarding ‘‘Video The agreement includes a reimbursement
modernization projects in its quarterly re- teleconferencing’’ and ‘‘Tent Court Pro- of $17,000,000 for DOJ expenses associated
ports to the Committees. The agreement rec- ceedings’’, EOIR is directed to update its pol- with litigating cases under the National
ognizes EOIR is working in coordination icy memorandum on the use of VTC, so as to Childhood Vaccine Injury Act of 1986 (Public
with the Department of Homeland Security ensure clear and consistent guidelines are Law 99–660).
(DHS) on a unified immigration portal and followed in all adjudication settings. This SALARIES AND EXPENSES, ANTITRUST DIVISION
directs the Department, in consultation with update further directs EOIR to make all poli-
DHS, to provide an update on its implemen- The agreement includes $184,524,000 for the
cies and procedures related to EOIR’s use of
tation plan for this initiative within 90 days Antitrust Division (ATR). This appropriation
VTC, including policies for public and media
of the date of enactment of this Act. Should is offset by an estimated $150,000,000 in pre-
access to each location using VTC publicly
any fiscal year 2021 funds be used to support merger filing fee collections, resulting in a
available on its website. EOIR shall continue
this effort, this report shall provide details direct appropriation of $34,524,000.
to follow the directives regarding real-time High-speed Internet Access.—In lieu of the
thereon. data collection and quarterly reporting de-
Interpretation Services.—Within the funds House report language, the agreement di-
scribed in the explanatory statement accom- rects ATR to provide a briefing, not later
provided, EOIR is directed to properly re- panying Public Law 116–93.
source interpretation services, and further than 30 days after the date of enactment of
Court Operations.—In lieu of the House re- this Act, on the status of competition in the
directs EOIR to continue to ensure appro- port language, EOIR is encouraged to de-
priate language access is available for all re- telecommunications industry, including in
velop a nationwide plan that details steps rural areas.
spondents, including indigenous language EOIR will take to ensure all respondents
speakers. EOIR should inform the Commit- SALARIES AND EXPENSES, UNITED STATES
have access to a centralized mechanism to
tees of specific resource needs related to in- ATTORNEYS
electronically file an EOIR Form–33 in order
terpretation services and should identify any to change their address remotely, in addition The agreement includes $2,342,177,000 for
possible opportunities for sharing of inter- to the current use of paper filings, and report the Executive Office for United States Attor-
preter resources with other Federal agencies, on the status of this plan to the Committees neys and the 94 United States Attorneys’ of-
including DHS. EOIR is further directed to no later than 90 days after the date of enact- fices, of which $25,000,000 shall remain avail-
continue to submit the quarterly reports re- able until expended. Within the funding pro-
ment of this Act.
quired by the explanatory statement accom- vided, up to $10,000,000 shall be for additional
The House report language under ‘‘LOP
panying Public Law 116–93. expenses relating to the enforcement of 34
Pilot’’, ‘‘Migrant Protection Protocol (MPP)
Immigration Adjudication Performance and U.S.C. 12601; criminal enforcement under 18
Statistics Publication’’ and ‘‘Rocket Dock-
Reducing Case Backlog.—The agreement U.S.C. 241–242; and administrative enforce-
ets’’ is not adopted.
adopts the directive in the House report to ment by the Department of Justice, includ-
include more comprehensive staffing infor- OFFICE OF INSPECTOR GENERAL ing compliance with consent decrees or judg-
mation for all positions that compose an im- The agreement includes $110,565,000 for the ments entered into under such sections.
migration judge (IJ) team in its monthly Office of Inspector General. In lieu of the House report language cap-
staffing report. The agreement further di- Status of Recommendations.—The Office of tioned ‘‘Credible Fear’’ and ‘‘Immigration
rects the Department to submit a cost break the Inspector General shall provide a brief- enforcement data’’, DOJ is directed to con-
out for an IJ team, which should include sal- ing to the Committees not later than 30 days tinue to submit quarterly reports, by U.S.
ary, position, interpretation contract costs, after the date of enactment of this Act on Attorney’s Office, on defendants who are
and rent and facility costs, in its fiscal year the status of recommendations in its Decem- charged with violations of 8 U.S.C. 1325 and 8
2021 spending plan and future budget request ber 9, 2019, report and its March 30, 2020, U.S.C. 1326.
materials. There should be a standardized management advisory memorandum related UNITED STATES TRUSTEE SYSTEM FUND
baseline for what constitutes an IJ team cost to Foreign Intelligence Surveillance Act ap- The agreement includes $232,361,000 for the
that is clearly understood by the Commit- plications. United States Trustee Program.
tees, and when there are significant devi- UNITED STATES PAROLE COMMISSION Disclosure Requirements.—The United
ations from the baseline, EOIR shall include States Trustee Program (USTP) is encour-
SALARIES AND EXPENSES
this in its quarterly report by court location aged to continue its efforts to ensure a fair
with justification for the variance. EOIR is The agreement includes $13,539,000 for the and transparent bankruptcy process for
further directed to continue to make its hir- salaries and expenses of the United States stakeholders and for the public. USTP shall
ing processes for new immigration judges Parole Commission. submit a report, not later than 180 days after
publicly available, and to update its website LEGAL ACTIVITIES the date of enactment of this Act, describing
within 30 days of any changes to hiring proc- SALARIES AND EXPENSES, GENERAL LEGAL its efforts to enforce compliance with the
esses or rules. ACTIVITIES disclosure requirements of Bankruptcy Rule
Legal Orientation Program (LOP).—The 2014(a) in fiscal years 2020 and 2021. The re-
(INCLUDING TRANSFER OF FUNDS)
agreement includes $22,500,000 for services port should describe the number and nature
provided by the LOP, of which $3,500,000 is The agreement includes $960,000,000 for of the actions taken, provide illustrative ex-
for the Immigration Court Helpdesk (ICH). General Legal Activities. Within the funding amples, and include an assessment of overall
LOP funding is also provided for LOP for provided, up to $10,000,000 shall be for the compliance with Rule 14(a) disclosure re-
Custodians (LOPC), the LOP Call Center, and Civil Rights Division for additional expenses quirements by bankruptcy professionals.
efforts, pursuant to the Trafficking Victims relating to the enforcement of 34 U.S.C.
SALARIES AND EXPENSES, FOREIGN CLAIMS
Protection Reauthorization Act of 2008 (Pub- 12601; criminal enforcement under 18 U.S.C.
SETTLEMENT COMMISSION
lic Law 110–457), to address the responsibility 241–242; and administrative enforcement by
the Department of Justice, including compli- The agreement includes $2,366,000 for the
of custodians of unaccompanied, undocu- Foreign Claims Settlement Commission.
mented children to attempt to ensure the ance with consent decrees or judgments en-
tered into under such sections. FEES AND EXPENSES OF WITNESSES
child’s appearance at all immigration pro-
ceedings, and to protect the child from mis- Human Trafficking.—The agreement strong- The agreement includes $270,000,000 for
treatment, exploitation, and trafficking. ly supports the Department’s efforts to com- Fees and Expenses of Witnesses.
EOIR is directed to continue all LOP com- bat human trafficking, including its partici- The Department is expected not to obli-
ponents’ services and activities without pation in the interagency Anti-Trafficking gate funds for expert witness services, in-
interruption, including during any review of Coordination (ACTeam) Initiative and the cluding the payment of fees and expenses of
the program, and to ensure all components activities of the Civil Rights Division’s expert witnesses, from any other DOJ ac-
continue to be operated by non-profit NGOs Human Trafficking Prosecution Unit counts other than Fees and Expenses of Wit-
with demonstrated immigration law exper- (HTPU). Within the funding provided, DOJ is nesses.
tise. EOIR is further directed, in lieu of the directed to provide additional staffing and SALARIES AND EXPENSES, COMMUNITY
briefing described in the House report, to resources for these efforts. The Department RELATIONS SERVICE
provide details on the execution of LOP is directed to submit a report, not later than (INCLUDING TRANSFER OF FUNDS)
funds as part of the Department’s fiscal year 90 days after the date of enactment of this The agreement includes $18,000,000 for the
2021 spending plan broken out by LOP pro- Act, describing hiring within HTPU, training Community Relations Service.
gram and promptly alert the Committees to provided by HTPU as part of the ACTeam ASSETS FORFEITURE FUND
ctelli on DSK11ZRN23PROD with HOUSE
any deviation of planned obligations. initiative, and causes of the decline in
The agreement includes $20,514,000 for the
The agreement supports efforts to promote human trafficking prosecutions.
Assets Forfeiture Fund.
access to LOP, with attention to geographic Civil Rights Violations in State and Local
equity and the need for legal services at re- Prisons and Jails.—Within the funding pro- UNITED STATES MARSHALS SERVICE
mote immigration detention sites that are vided, the Civil Rights Division shall in- SALARIES AND EXPENSES
far from legal service providers in urban cen- crease efforts to investigate and address vio- The agreement includes $1,496,000,000 for
ters. EOIR is requested to provide an evalua- lations of the Civil Rights of Institutional- the salaries and expenses of the United
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H7936 CONGRESSIONAL RECORD — HOUSE December 21, 2020
States Marshals Service (USMS). The De- NATIONAL SECURITY DIVISION information, track criminal markets, and
partment shall continue to submit the quar- SALARIES AND EXPENSES detect matters that rise to the level of na-
terly report required by the explanatory tional security.
(INCLUDING TRANSFER OF FUNDS)
statement accompanying Public Law 116–93, Combatting Modern Slavery and Human Traf-
on USMS use of Assets Forfeiture Fund fund- The agreement includes $117,451,000 for the ficking.—The FBI is directed to continue to
ing. salaries and expenses of the National Secu- designate a lead agent in each field office as
rity Division. a Human Trafficking Program Coordinator.
Regional Fugitive Task Forces Program
INTERAGENCY LAW ENFORCEMENT In addition, the FBI is urged to allocate ad-
(RFTF).—USMS is directed to submit a re-
INTERAGENCY CRIME AND DRUG ENFORCEMENT
ditional resources to those field offices in
port, not later than 180 days after the date of
States with the highest rates of modern slav-
enactment of this Act, on the possible expan- The agreement includes $550,458,000 for the ery and human trafficking. Not later than
sion of the RFTF program. This report Organized Crime and Drug Enforcement 180 days after the date of enactment of this
should describe requirements with respect to Task Forces (OCDETF), of which $385,188,000 Act, the FBI shall submit a report on those
staffing, operational space and agreements, is for investigations and $165,270,000 is for field offices’ capacity to investigate all
equipment, tactical canine teams, medical prosecutions. crimes of slavery and human trafficking in
and trauma support and partnerships, and Within funding provided, the Department their jurisdiction. The report should further
expected future resource needs. The report is encouraged to hire additional Assistant detail any additional resources that have
should further identify the geographic re- U.S. Attorneys nationwide to help stop the been provided to those field offices for these
gions that would benefit most from estab- flow of illicit drugs and reduce violent crime efforts.
lishment of an RFTF. associated with the drug trade. In addition, Hate Crimes Reporting.—The FBI shall expe-
International Operations.—The USMS is di- OCDETF is urged to continue to coordinate ditiously submit the report required by the
rected to submit an updated annual report with the DEA and other Federal and inter- explanatory statement accompanying Public
on its extradition program and international national law enforcement partners to inter- Law 116–93, on FBI efforts to ensure that all
operations workload as directed by the ex- cept and disrupt foreign drug shipments. Federal, State, and local law enforcement
planatory statement accompanying Public FEDERAL BUREAU OF INVESTIGATION agencies fully report hate crimes statistics,
Law 116–93. The report should detail the SALARIES AND EXPENSES consistent with the Hate Crime Statistics
number of extraditions, deportations, dis- Act of 1990 (Public Law 101–275) as amended,
The agreement includes $9,748,686,000 for
trict cooperations, and extradition requests and the Matthew Shepard and James Byrd,
the salaries and expenses of the FBI, includ-
made by foreign counterparts. The report Jr. Hate Crimes Prevention Act (Public Law
ing $1,832,876,000 for Intelligence,
should further describe any plans for expan- 111–84).
$3,944,462,000 for Counterterrorism and Coun- Counter–Unmanned Aerial System (C–UAS).—
sion to locations where USMS does not yet
terintelligence, $3,376,355,000 for Criminal The FBI is directed, through the Critical In-
have a permanent presence, but where there
Enterprises and Federal Crimes, and cident Response Group and in consultation
has been an increase in workload due to ex-
$594,993,000 for Criminal Justice Services. with the Federal Aviation Administration,
traditions. DOJ is directed to assess unobli-
Within the funding provided, the agreement to submit a report, not later than 180 days
gated resources available Department-wide,
includes not less than $125,000,000 to increase after the date of enactment of this Act, on
and to submit a reprogramming of funding, if
the capacity and efficiency of the National the feasibility of establishing a C–UAS train-
required, to cover the full costs of meeting
Instant Criminal Background Check System ing program for State, local, and Tribal law
USMS’ international extradition responsibil-
(NICS). Within the funding provided, up to enforcement. The report shall further detail
ities.
$5,000,000 shall be for the Public Corruption the resource requirements for full-scale im-
Judicial Protection.—The agreement sup- and Civil Rights Sections for additional ex-
ports USMS’s efforts to place additional dep- plementation of a C–UAS training program.
penses relating to the enforcement of 34 Terrorist Explosive Device Analytical Center
uty U.S. marshals and accompanying analyt- U.S.C. 12601; criminal enforcement under 18 (TEDAC), Hazardous Device School (HDS), and
ical personnel in the field, and to provide ex- U.S.C. 241–242; and administrative enforce- New Facilities.—The agreement strongly sup-
panded training for threat investigations and ment by the Department of Justice, includ- ports the FBI’s efforts to create a campus for
protective intelligence. Within funding pro- ing compliance with consent decrees or judg- collocating FBI explosives and counter-IED
vided, the agreement includes the amount ments entered into under such sections. programs and activities; to create advanced
jointly requested by the Department and the The agreement also includes funding at no and specialized training capacities and capa-
Judicial Conference of the United States for less than the fiscal year 2020 level to support bilities to address requirements that cannot
replacement of the Home Intrusion Detec- the FBI role at the National Bioforensic be satisfied at other FBI facilities; and to
tion Systems (HIDS), and further provides Analysis Center and to maintain its ongoing create options for FBI Executive manage-
additional support for open source intel- operations there. House report language on ment to proactively meet future operational
ligence initiatives in the Office of Protective gun violence data is not adopted. and facilities requirements. The agreement
Intelligence. National Incident-Based Reporting System provides no less than the fiscal year 2020
Training Efficiencies.—USMS is directed to (NIBRS) Transition.—The FBI shall brief the level for the operations of TEDAC and HDS.
assess whether consolidation of its training Committees, not later than 90 days after the Furthermore, the agreement fully provides
programs in one centralized location could date of enactment of this Act, on the status for the operations of new, collocated facili-
streamline training operations and deliver of efforts to integrate NIBRS and the data it ties expected to open in 2021, including the
efficiencies and savings. USMS is further di- contains into the Uniform Crime Reporting Operations Building, the Technology Build-
rected to submit a report on its findings, as Program, and provide progress reports every ing, and the TEDAC Explosive Technical
well as estimates of the resource require- 180 days thereafter. The FBI shall also com- Lab.
ments to implement such consolidation, not ply with directions in the House report re- Human Rights Violations.—The FBI shall
later than 90 days after the date of enact- garding collection and publishing of crime continue to investigate and support DOJ
ment of this Act. statistics from all United States jurisdic- criminal prosecution of serious human rights
tions, including U.S. territories. crimes, including genocide, torture, use or
CONSTRUCTION Data Analytics and Technical Tools.—The recruitment of child soldiers, war crimes,
The agreement includes $15,000,000 for con- agreement includes additional resources to and other crimes committed by serious
struction and related expenses in space con- support the FBI’s efforts to develop enter- human rights violators, at no less than the
trolled, occupied, or utilized by the USMS prise technical tools, modernize its network fiscal year 2020 enacted level, and shall con-
for prisoner holding and related support. infrastructure, and improve its data ana- tinue to comply with direction in the explan-
lytics capabilities. Within the funds pro- atory statement accompanying Public Law
FEDERAL PRISONER DETENTION vided, the FBI is encouraged to explore op- 116–93, regarding the International Human
portunities to collaborate with research uni- Rights Unit, the Human Rights Violators
The agreement includes $2,046,609,000 for versities on advanced threat analysis, to de- and War Crimes Center, and FBI field office
Federal Prisoner Detention (FPD). velop advanced data analytics solutions that training. The FBI shall report on these ef-
The Department and USMS are expected to are tailored to the needs of FBI investiga- forts no later than 90 days after the date of
anticipate the true funding needs for the tors. enactment of this Act.
FPD account, to avoid funding shortfalls and Cyber Investigative Capabilities.—The agree- Security Advisory Opinion (SAO) Proc-
emergency reprogrammings. USMS is di- ment supports the FBI’s cyber investigative essing.—The FBI shall prepare an updated re-
rected to submit a monthly report on indi- capabilities, including the development of port on SAO processing, as required by the
viduals in the detention system. The report advanced technical capabilities to thwart en- explanatory statement accompanying Public
ctelli on DSK11ZRN23PROD with HOUSE
should include information on the current emies and to bolster the Cyber Action Teams Law 116–93, to include any classified data,
and projected number of detained individ- (CATs) that deploy to sites of computer in- and submit it to the Committees not later
uals, offense categories, the population trusion. Within the funds provided, the FBI than 120 days after the date of enactment of
change from the prior month to the current is encouraged to develop partnerships with this Act.
month, the population change from the cur- universities to develop and institute an evi- National Data Exchange (N–DEx) System.—
rent month to the prior year, and the associ- dence-based training program to more rap- The FBI shall report not later than 120 days
ated annualized costs. idly identify persons of interest, de-conflict after the date of enactment of this Act on
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7937
which Criminal Justice Information Services the fiscal year 2020 enacted level to further illicit vaping cartridges containing THC.
databases, including N–DEx, are used for support the FBI’s 21st Century Facility This report shall assess how and to what ex-
point-of-contact (POC) initiated firearm plans, and the FBI is encouraged to transi- tent such products are being marketed to
background checks; what barriers, if any, tion from interim facilities to full operating children.
prevent incorporating N–DEx into POC back- capabilities, including plans for techno- CONSTRUCTION
ground check processes, and how to over- logical requirements. As part of this 21st
Expanded Laboratory Capacity in Order to
come them; and how to raise State and local Century Facility planning, the FBI should
Meet Testing Demands.—DEA field offices face
awareness of N–DEx. continue to research the feasibility of using
a growing unmet demand for drug testing,
NICS Protocols and Procedures.—The FBI public-private partnership opportunities,
particularly when division, district, and resi-
shall submit a report, not later than 180 days provided that the annual lease and operating
dent offices are not located in close prox-
after the date of enactment of this Act, de- costs are reasonable and the facilities can be
imity to a testing laboratory in the DEA
scribing how the FBI is addressing each rec- securely constructed and maintained at a
Laboratory System. This issue is a critical
ommendation in the OIG report ‘‘Audit of level that meets the FBI’s requirements.
risk for areas of the country that have been
the Handling of Firearms Purchase Denials DRUG ENFORCEMENT ADMINISTRATION hardest hit by increases in synthetic drugs,
Through the National Instant Criminal SALARIES AND EXPENSES including fentanyl, as well as rural offices or
Background Check System’’ (Audit Division
The agreement includes a direct appropria- those divisions that do not have their own
16–32). If the FBI is not implementing a rec-
tion of $2,336,263,000 for the salaries and ex- laboratories, as agents must drive long dis-
ommendation, the report shall indicate
penses of the DEA. In addition, DEA expects tances to reach the nearest laboratory for
whether the FBI intends to do so, and if not,
to derive $460,499,000 from fees deposited in testing. The agreement provides $50,000,000
the justification for not pursuing the rec-
the Diversion Control Fund to carry out the to construct a new laboratory, including
ommended course of action. The report shall
Diversion Control Program, resulting in other required facilities like warehouse
also identify any changes made to the Stand-
$2,796,762,000 in total spending authority for space, to meet the growing needs for drug
ard Operating Procedures to better process
DEA. The agreement includes $10,000,000 to testing, including fentanyl, in the New Eng-
NICS inquiries within the three-day time pe-
assist State, local, and Tribal law enforce- land region.
riod. All unclassified data shall be publicly
released by the FBI. ment agencies in efforts to remove and dis- BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
FBI Police.—The FBI is encouraged to pro- pose of hazardous materials at methamphet- EXPLOSIVES
vide the Office of Personnel Management or amine and fentanyl labs and processing oper- SALARIES AND EXPENSES
other relevant agencies information or data ations. DEA is encouraged to issue regional
contracts with small businesses, to the max- The agreement includes $1,483,887,000 for
required to assist with designating FBI Po- the salaries and expenses of the Bureau of
lice officers as law enforcement officers in imum extent practical, from the region
served by the contract. Alcohol, Tobacco, Firearms and Explosives.
order to make their rates of basic pay, salary Crime Gun Intelligence Centers (CGICs).—
schedule, pay provisions, and benefits equiv- Remote Prescribing of Controlled Sub-
stances.—DEA is directed to complete the re- There are currently 25 CGIC sites across the
alent to those applicable to other similar law country and ATF is encouraged to work with
enforcement divisions that have such des- quirements under section 3232 of the SUP-
PORT for Patients and Communities Act additional high-risk areas to identify solu-
ignation. tions and metrics to demonstrate meaningful
Internet Investigations.—The FBI and its (Public Law 115–271) to promulgate regula-
tions clarifying the limited circumstances in reductions in illegal gun trafficking and re-
partners investigate massive Internet-based lated violent crime.
child exploitation and human trafficking fo- which Special Registration for Telemedicine
may occur under the Ryan Haight Act (Pub- United States-Mexico Firearms Trafficking.—
rums, which requires robust information ATF is directed to continue to provide to the
sharing and technical tools to acquire evi- lic Law 110–425). DEA is further directed to
brief the Committees on the status of these Committees the information required by the
dence from the Darknet and other forums for explanatory statement accompanying Public
prosecution. The FBI is directed to consider regulations not later than 30 days after the
date of enactment of this Act. Law 116–93.
novel partnership and contracting strategies, Notification of Local Authorities.—ATF is en-
Special Agent Staffing.—The agreement sup-
along with its 21st Century training and couraged to, when possible, notify local law
ports DEA’s efforts to reverse the decline in
technology initiatives, to acquire, develop, enforcement when a felon in their jurisdic-
special agent staffing to combat the ongoing
and implement advanced technical solutions tion tries to buy a firearm. If a NICS check
methamphetamine and opioid crises, par-
to more rapidly exploit digital evidence and is not completed within three days and a
ticularly in geographic areas most broadly
intelligence related to investigations tar- felon obtains a firearm, ATF is encouraged
harmed by methamphetamine and opioid
geting human trafficking and child exploi- to notify and utilize the help of local law en-
trafficking.
tation efforts, both domestic and inter- forcement in retrieving the firearm.
Hemp Testing Technology.—DEA has devel-
national. House report language under ‘‘Illegal Fire-
oped field testing kits that can distinguish
Operational Medicine Program.—The agree- arms’’ and ‘‘Ghost Guns’’ is not adopted.
between hemp and marijuana on-the-spot.
ment adopts the House report language on
DEA is directed to continue to work to en- FEDERAL PRISON SYSTEM
the Operational Medicine Program, and en-
sure State and local law enforcement have
courages the FBI to provide regular updates SALARIES AND EXPENSES
access to this field test technology so they
on this program and submit any rec- (INCLUDING TRANSFER OF FUNDS)
can more efficiently conduct their drug
ommendations for improvements. The agreement includes $7,708,375,000 for
interdiction efforts at the local level. DEA is
CONSTRUCTION further directed to report back, not later the salaries and expenses of the Federal Pris-
The agreement includes $566,100,000 for FBI than 180 days after the date of enactment of on System. The agreement fully funds the
construction, which provides funding above this Act, and not less than every 6 months requested $409,483,000 for programs and ac-
the requested level for the FBI to address its thereafter, until such time as testing kits tivities authorized by the First Step Act of
highest priorities outside of the immediate are deployed to State and local law enforce- 2018, including medication-assisted treat-
national capital area, in addition to re- ment in the field. ment.
sources dedicated to secure work environ- Interdiction of Methamphetamines.—DEA is For fiscal year 2021, within the funding
ment projects. The agreement does not in- encouraged to consider whether Operation provided, the Department is directed to con-
clude any funding for headquarters construc- Crystal Shield should be expanded to addi- tinue following the directives in Senate Re-
tion. The FBI is encouraged to work with the tional U.S. locations that may serve as port 116–127, as adopted by Public Law 116–93,
General Services Administration to submit a methamphetamine trafficking transpor- on the following topics: ‘‘First Step Act
prospectus for a new, fully-consolidated tation hubs. (FSA) Implementation,’’ ‘‘Additional Re-
headquarters building, including at one of Delivery of a Controlled Substance by a Phar- quirements of the FSA,’’ ‘‘Residential Re-
the three previously vetted sites, which com- macy to an Administering Practitioner.—DEA is entry Centers,’’ and ‘‘Freedom of Informa-
plies with prior Congressional directives and directed to provide a briefing, not later than tion Act Records’’.
meets all Interagency Security Committee 30 days after the date of enactment of this BOP is expected to hire additional full-
Level V security standards. Act, on its implementation of section 3204 of time correctional officers in order to reduce
21st Century Facilities.—The agreement con- Public Law 115–271, and to ensure that pro- the overreliance on augmentation and im-
tinues to support the FBI’s long-term vision viders and patients have access to all medi- prove staffing beyond mission-critical levels
for collocating complementary mission oper- cation-assisted treatment options to address in custody and all other departments, includ-
ations while balancing the eventual transi- the opioid epidemic. This update should de- ing medical, counseling, and educational po-
tion into a new headquarters building with tail DEA’s efforts to inform providers and sitions. BOP shall provide quarterly reports
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changing footprints at Quantico, Clarksburg, dispensers of the new provisions and how to the Committees on the use of augmenta-
Huntsville, and Pocatello facilities. The they apply to FDA-approved opioid depend- tion broken out by region, institution, and
delay in the new FBI headquarters project ence treatment products. security level for each time such practice is
only exacerbates the need to secure viable Illegal Tetrahydrocannabinol (THC) Vaping employed. In addition, BOP shall include
space for supporting a variety of mission, Products.—DEA is directed to report, not with its fiscal year 2022 budget submission,
workforce, and land requirements. The later than 180 days after the date of enact- and each year thereafter, a detailed report
agreement provides funding at no less than ment of this Act, on its efforts to interdict for each Federal correctional facility at
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H7938 CONGRESSIONAL RECORD — HOUSE December 21, 2020
which two or more Federal inmates have quest for contraband cellphone detection ical care, including hepatitis B and C testing
died in one calendar year, describing each in- technology. BOP is directed to submit, not and treatment, as well as preventive health
cident and the role augmentation may have later than 180 days after the date of enact- services such as immunizations. However,
played in exacerbating the inherent dangers ment of this Act, either a detailed plan for the OIG reported in 2016 that some BOP fa-
present at those locations. the deployment of a whole-complex jamming cilities were not complying with this policy.
Hiring, Staffing, and Inmate-to-Officer Ra- pilot, or an exhaustive explanation of the ra- The Department is directed to report not
tios.—BOP shall continue to submit quar- tionale, including health and safety consid- later than 270 days after enactment of the
terly reports on inmate-to-correctional offi- erations, that would necessarily preclude Act on the progress of efforts to achieve
cer ratio as required by the explanatory such a deployment. compliance with the protocols since the 2016
statement accompanying Public Law 116–93, Land Mobile Radio (LMR) Communications.— OIG report. The report should identify gaps
and to publish these reports on the BOP BOP is directed to develop a plan to update in services and barriers to provision of im-
website. To the extent BOP does not cur- its LMR and video security systems in facili- munization services; identify potential col-
rently record staffing by shift, it is directed ties where aging communications infrastruc- laborations with health organizations to ad-
to begin doing so and include such metrics in ture and equipment pose a threat to officer dress identified disparities; and recommend
this report by the end of fiscal year 2021. safety, and to submit the plan to the Com- ways to close them.
Separately, BOP shall submit a report to the mittees not later than 180 days after the date Home Confinement.—In lieu of the House re-
Committees regarding any incident involv- of enactment of this Act. port language, the agreement directs BOP to
ing the use of deadly force at an institution Medication-Assisted Treatment (MAT).—BOP submit a report, not later than 60 days after
with a staffing ratio greater than 15:1, ex- shall consider all three forms of FDA-ap- the date of enactment of this Act, on home
plaining any role staffing levels may have proved MAT as it expands access, and is ex- confinement and compassionate release. This
played in the incident, and describing a de- pected to continue hiring healthcare staff, report shall address the eligibility deter-
tailed plan to prevent recurrence of such in- including physicians, pharmacists, nurses, mination process, as well as implementation
cidents. and drug counselors, in order to properly of home confinement-related provisions of
Vacancies.—BOP is directed to improve hir- meet inmates’ medical needs, including the First Step Act and the Attorney Gen-
ing policies to ensure that, within the fund- those receiving MAT. BOP is directed to con- eral’s memoranda dated March 26, 2020 and
ing provided, it can promptly fill existing tinue to report quarterly on the number of April 3, 2020. The report should further pro-
and future vacancies in order to staff its 122 individuals who are screened for MAT, are vide an update required by the explanatory
Federal facilities at January 2016 levels, and seeking MAT, have received MAT, or are on statement accompanying Public Law 116–93.
forgo further position eliminations. BOP a wait list for MAT. These categories should BUILDINGS AND FACILITIES
shall report not later than 90 days after the be further broken out by institution or resi-
date of enactment of this Act on the number The agreement includes $127,000,000 for the
dential reentry center (RRC) and type of construction, acquisition, modernization,
of vacancies at each facility, further detailed MAT.
by job title, job series, and General Schedule maintenance, and repair of prison and deten-
Procurement of Food Products.—BOP is di- tion facilities housing Federal inmates. BOP
level as well as the number of applicants rected to report to the Committees not later
going through the hiring process for each va- shall proceed with ongoing planned and asso-
than 30 days after the date of enactment of ciated new construction efforts to meet pro-
cant position. DOJ is directed to explore this Act on how it is implementing the rec-
ways to expedite BOP hiring, such as work- jected capacity requirements, as identified
ommendations in the March 2020 OIG Man- in its monthly status of construction reports
ing with OPM to provide expedited hiring for agement Advisory Memorandum on food pro-
BOP facilities with vacancy rates exceeding to the Committees. BOP is directed to con-
curement to ensure such food meets contract tinue to provide such reports on a monthly
ten percent and making use of recruitment specifications and does not endanger the
and retention bonuses. BOP shall describe basis, along with notifications and expla-
health of inmates and staff. BOP is further nations of any deviation from construction
such efforts in the aforementioned report. directed to examine how it can leverage con-
BOP is directed to continue to ensure at and activation schedules, and any planned
tracts and services with local and regional adjustments or corrective actions.
least two correctional officers are on duty
businesses, including farmers, ranchers, food Modernization and Repair (M&R) of Existing
for each housing unit for all three shifts at
processors and other food vendors in order to Facilities.—BOP is expected to apply the
all high-security institutions, including
lower costs while providing higher quality funding to reduce its longstanding M&R
United States Penitentiaries and Adminis-
meals, and report on its findings not later backlog, and is directed to prioritize funding
trative and Federal Detention Centers. BOP
than 180 days after the date of enactment of for repairs that protect life and safety, and
is directed to continue to submit quarterly
this Act. at facilities assessed as having deficiencies
reports showing compliance with this direc-
Inmate Access to Mail.—BOP is directed to of a geological and seismic nature. BOP shall
tive and to provide a cost estimate and stra-
implement and expand solutions, like those continue to provide monthly status of con-
tegic plan for implementation at medium-se-
that allow photographs or handwritten let- struction reports and notify the Committee
curity institutions that currently do not
ters to be scanned and reprinted at secure of any changes reflected in those reports.
have a second officer for all three shifts.
Inmate Health Care.—GAO is directed to ex- off-site locations and mailed directly to a BOP is further directed to continue pro-
amine inmate healthcare, including, but not correctional facility, or allow digital photo- viding a schedule and timeline for repairs of
limited to: the percentage of inmates that graphs and letters to be uploaded through a facilities with geological and seismic defi-
receive medical assistance under a State website or app and then printed at and ciencies and include updates in the monthly
plan under title XIX of the Social Security mailed from a secure location, which are ca- M&R reports.
Act (42 U.S.C. 1396 et seq.); inmate access to pable of eliminating the risk of contraband
LIMITATION ON ADMINISTRATIVE EXPENSES,
healthcare services and providers, including while maintaining inmates’ access to mail
FEDERAL PRISON INDUSTRIES, INCORPORATED
specialty care; the quality of healthcare from friends and family. Such solutions
should not require additional equipment or The agreement includes a limitation on ad-
services provided to inmates; the percentage ministrative expenses of $2,700,000 for Fed-
of inmates who, upon release, are enrolled changes to current infrastructure, should ad-
dress any specific concerns relating to legal eral Prison Industries, Incorporated.
under such a State plan and connected to a
primary care provider in their community; mail, and should ensure the highest degree of STATE AND LOCAL LAW ENFORCEMENT
and trends in the prevalence and incidence of fidelity between the facsimiles and the origi- ACTIVITIES
illness and injury among inmates. nals. BOP is further directed to report, not In total, the agreement includes
Inmate Mental Health Care and Restrictive later than 180 days of the date of enactment $3,385,300,000 for State and local law enforce-
Housing.—BOP is encouraged to continue to of this Act, on the status of mail scanning ment and crime prevention programs. This
develop evidence-based policies and appro- pilot programs currently occurring at two amount includes $2,950,300,000 in discre-
priate facilities to enable BOP to operate institutions, the resources needed to further tionary budget authority, and $435,000,000 de-
safely while properly caring for inmates with expand solutions to mitigate the threat of rived by transfer from the Crime Victims
mental illness, and to expeditiously submit contraband in mail to inmates, and to iden- Fund. The agreement also includes
its report on the resolution of recommenda- tify those resources requirements in its fis- $119,000,000 scored as mandatory for Public
tions from the July 2017 OIG report on ways cal year 2022 budget request. Safety Officer Benefits.
to improve BOP screening, treatment, and Subsistence Fees.—In lieu of House section For fiscal year 2021, the Department is di-
monitoring of inmates with mental illness in 551, BOP is directed to report to the Commit- rected to continue following the directives
restrictive housing units. BOP is also di- tees, no later than 60 days after the date of required by Public Law 116–93, on the fol-
rected, within the funding provided, to re- enactment of this Act, on its current and lowing topics: ‘‘Management and Adminis-
duce the number of Federal inmates in re- planned efforts to notify persons in RRCs of tration Expenses,’’ ‘‘Grant Funds for Rural
strictive housing, including by opening tran- the procedures for applying for subsistence Areas,’’ ‘‘Science Advisory Board,’’ ‘‘Post-
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sition units and other specialized units for fee waivers. Conviction Relief for Trafficking Victims,’’
populations often sent to restrictive housing, Communicable Diseases and Prisons.—The in- ‘‘Consent Decrees and Grant Assistance,’’
and by working with regional directors and carcerated population faces significantly and ‘‘Peer-to-Peer Training.’’
wardens to address the widespread reliance higher risks of acquiring a communicable Sufficient Number of Qualified Applicants.—
on restrictive housing. disease. BOP policy requires that prison pro- OJP is directed to submit an annual report
Contraband Cell Phones in Prison Facili- tocols include an assessment of inmate im- on grant programs that have not received a
ties.— The agreement supports the budget re- munizations and the provision of basic med- sufficient number of qualified applicants.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7939
Submission of Officer Training Information.— STOP School Violence Act Grants.—In lieu of Statutory Set-Asides.—The underlying stat-
The Department has been directed to collect House report language on school design, the utes for several grant programs, including
data on officer training each subsequent year Department is encouraged to continue its the Services, Training, Officers Prosecutors
as part of both the Edward Byrne Memorial ongoing work with the Departments of (STOP) Formula Grant Program and the
Justice Assistance Grants (Byrne-JAG) and Homeland Security and Education through Sexual Assault Services Formula Grant Pro-
COPS Hiring application processes, including the School Safety Clearinghouse, which fa- gram (SASP), outline set-asides for Tribal
the number and rank of officers trained, as cilitates and coordinates interagency efforts governments and coalitions, culturally spe-
well as the type of training, including use of to assess and share best practices related to cific community-based organizations, and or-
force, de-escalation, racial and ethnic bias, school security resources, technologies, and ganizations providing services to under-
and community engagement. This data was innovations as well as identify safe school served populations. These set-asides will pro-
directed to be provided to BJS in order to design practices for use by education agen- vide a total of $69,899,255 for fiscal year 2021
begin a data set on officer training. The pub- cies, law enforcement agencies, schools, ar- with $52,589,255 for Tribal governments and
lic report and publication of a data set, re- chitects, and engineers. The agreement in- coalitions, $11,950,000 for culturally specific
quired by Public Law 116–93, is overdue, and cludes a total of $132,000,000 for STOP School organizations and $5,360,000 to meet the
the Department is directed to release it im- Violence grants, and this funding is directed needs of underserved populations. OVW shall
mediately. to be distributed for covered purpose areas ensure that the full amounts provided for in
Grant Funding Set-Asides.—The Department
provided under the STOP School Violence the authorizing statutes are released to
is directed to continue providing a com-
Act of 2018. these groups expeditiously.
prehensive report as described in Public Law
DOJ Grant Oversight.—The Department is OFFICE OF JUSTICE PROGRAMS
116–93 concurrently with the spending plan
encouraged to review its multi-year grant RESEARCH, EVALUATION AND STATISTICS
regarding grant set-asides.
Tribal Grants and Victim Assistance.—The award processes and protocols to ensure
The agreement provides $82,000,000 for the
agreement provides a total of $92,500,000 in grantees have fully complied with the rules
Research, Evaluation and Statistics account.
discretionary grant funding for Tribes as fol- of year-one funding before year-two funding
These funds are distributed as follows:
lows: $46,000,000 within the Office of Justice is disbursed in multi-year grant awards, and
Programs (OJP) for Tribal assistance; to continue efforts to identify high-risk
grantees, so as to increase fiscal responsi-
RESEARCH, EVALUATION AND STATISTICS
$10,000,000 for a Tribal youth program within [In thousands of dollars]
the Office of Juvenile Justice and Delin- bility throughout the grant making process.
quency Prevention (OJJDP); $29,500,000 for It is recommended that the Department Program Amount
Tribal Resources and $3,000,000 for a Tribal promptly complete and publish an internal
Access Program within the Community Ori- review of the program, to inform efforts to Bureau of Justice Statistics ...................................................... $45,000
implement a high-risk grantee designation Data Collection on Police Suicide ......................................... (3,000)
ented Policing Services (COPS) Office; and National Institute of Justice ...................................................... 37,000
$4,000,000 for a special domestic violence in other Federal agencies. Research on Domestic Radicalization ................................... (6,000)
criminal jurisdiction program within the Of- OFFICE ON VIOLENCE AGAINST WOMEN Research of School Safety .................................................... (1,000)
Research to Reduce Trauma for Child Pronography Victims (1,500)
fice on Violence Against Women (OVW). In VIOLENCE AGAINST WOMEN PREVENTION AND National Model for Reducing Incarceration Rates ................ (4,000)
addition, a total of $52,589,255 is provided to PROSECUTION PROGRAMS Research on C–UAS .............................................................. (2,000)
Tribal governments and Tribal coalitions in (INCLUDING TRANSFER OF FUNDS)
OVW funding as part of set-asides deter- Total, Research, Evaluation and Statistics ...................... $82,000
mined by program statute. For Tribal assist- The agreement includes $513,500,000 for the
ance grants within OJP, funding is to be used Office on Violence Against Women. These The agreement does not adopt House re-
to support efforts to help Tribes improve the funds are distributed as follows: port language regarding a study addressing
capacity of their criminal and civil justice delayed law enforcement response to inves-
systems. OJP is expected to consult closely VIOLENCE AGAINST WOMEN PREVENTION AND tigators’ questions and an evaluation of data
with Tribal stakeholders in determining how PROSECUTION PROGRAMS on stops and searches.
Tribal assistance funds will be awarded for [In thousands of dollars] Spending Plans.—The Department is di-
detention facilities, including outdated de- rected to submit, as part of its spending plan
tention facilities that are unfit for detention Program Amount for State and Local Law Enforcement Activi-
purposes and beyond rehabilitation; courts; ties, a plan for the use of all funding admin-
STOP Grants ............................................................................... $215,000
alcohol and substance abuse programs; civil Transitional Housing Assistance ............................................... 40,000 istered by the National Institute of Justice
and criminal legal assistance; and other pri- Research and Evaluation on Violence Against Women ............ 2,500 (NIJ) and the Bureau of Justice Statistics
Consolidated Youth-Oriented Program ...................................... 12,000 (BJS), respectively, for approval by the Com-
orities. OJP is directed to submit, as part of Grants to Encourage Arrest Policies .......................................... 53,000
the Department’s spending plan for fiscal Homicide Reduction Initiative ............................................... (4,000) mittees prior to the obligation of any such
year 2021, a plan for the use of these funds Sexual Assault Services Program .............................................. 41,000 funds.
that is informed by such consultation. Rural Domestic Violence and Child Abuse Enforcement .......... 45,000 Study on Reducing Racial Disparities.—In
Violence on College Campuses .................................................. 20,000 lieu of House language, the Department is di-
The agreement also includes a 5 percent Civil Legal Assistance ............................................................... 47,000
set-aside for Tribes within the CVF. OVC is Elder Abuse Grant Program ....................................................... 5,500 rected to award a research grant for an evi-
directed to consult closely with Tribal Family Civil Justice .................................................................... 18,000 dence-based, nonpartisan analysis of existing
Education and Training for Disabled Female Victims .............. 6,500 evidence to examine how observed racial and
stakeholders to improve services for Tribal National Resource Center on Workplace Responses ................. 1,000
victims of crime, to include expanded pur- Research on Violence Against Indian Women ........................... 1,000 ethnic disparities in the justice system
pose areas described in the OVC final rule ef- Indian Country—Sexual Assault Clearinghouse ....................... 500 might be reduced through public policy. The
Tribal Special Domestic Violence Criminal Jurisdiction ............ 4,000 study should be awarded via a competitive
fective August 8, 2016. OVC shall continue to Rape Survivor Child Custody Act .............................................. 1,500
follow direction required by Public Law 116– grant process open to all applicants to pro-
93 regarding grant application requirements, Total, Violence Against Women Prevention and Prosecu- mote the most rigorous research to be ap-
accountability, and assistance. The Depart- tion Programs ............................................................... $513,500 plied to this important question.
ment is directed to give Tribes maximum Law Enforcement Management and Adminis-
flexibility in use of funds in order to best Community-Based Organizations.—In lieu of trative Statistics (LEMAS) Survey.—BJS is di-
meet the unique needs of victims in Tribal the House report language regarding Com- rected to immediately begin the next install-
communities. The Department is also di- munity-Based Organizations, the Depart- ment of the LEMAS survey if it has not al-
rected to streamline administrative require- ment shall submit a report to the Commit- ready done so, in order to complete publica-
ments as much as possible to increase acces- tees on the number of community-based or- tion by September 30, 2021. BJS is further di-
sibility for those most in need in Indian ganizations that provide culturally specific rected to submit a plan to publish this data
Country. services and the amounts allocated to these on a more regular schedule, and to identify
Human Trafficking in Indian Country.—The organizations in fiscal years 2018, 2019, and the resources necessary for that purpose, not
Department is encouraged, in coordination 2020, as well as estimates for fiscal year 2021. later than 90 days after the date of enact-
with the Departments of the Interior and The Department shall report this informa- ment of this Act.
Health and Human Services, to work to ad- tion to the Committees not later than 90 Pretrial Detention.—In lieu of House report
dress the need for and impact of Federal days after the date of enactment of this Act. language regarding pretrial detention, it is
grant assistance regarding human traf- Grants to Encourage Arrest Policies.—The expected that the results from the National
ficking in Indian Country, to ensure that agreement supports survivor safety and re- Pretrial Reporting Program (NPRP), and
Federal dollars are used effectively and effi- covery, and service coordination, for improv- Local Jails Reporting Program (LJRP) will
ciently. The Department is directed to re- ing the criminal justice response to domestic fill the gap in currently collected data on the
port, not later than 180 days after the date of violence, dating violence, sexual assault and pretrial population and produce estimates of
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enactment of this Act, on its efforts to co- stalking. In executing the Grants to Encour- the demographic breakdown, types of of-
ordinate Federal grant programs to address age Arrest Policies/Improving the Criminal fenses, and bail characteristics of the pre-
trafficking in Indian Country. This report Justice Response program, the Department trial population.
should compile data on the severity of the is expected to make funding under this pro- Prison Suicide Incidence Report.—In lieu of
problem and the impact of grant assistance gram open to all eligible entities, including House report language regarding Prison Sui-
and identify instances of high administrative victim service providers consistent with the cide Incidence Reporting, the BJS shall sub-
costs or burdens within programs. statutory authority. mit to the Committees a report detailing a
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H7940 CONGRESSIONAL RECORD — HOUSE December 21, 2020
comprehensive statistical review and anal- erage in pre-trial settings on individuals’ STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE—
ysis of the incidence of prison suicide not health coverage, reentry, and on State and Continued
later than 180 days after the date of enact- local criminal justice budgets. (In thousands of dollars)
ment of this Act. The statistical review and Data-Driven Policing and Courts.—NIJ is en-
analysis should include the identification of couraged to fund multi-year grants to edu- Program Amount
the common characteristics of victims of cational institutions that have shown excel-
prison suicide and prisons and prison sys- lence in criminal justice data-driven anal- Project Safe Neighborhoods ............................................ (20,000)
Capital Litigation & Wrongful Conviction Review .......... (7,000)
tems with a high incidence of prison suicide. ysis and decision-making, implementation Community Based Violence Prevention ........................... (14,000)
In addition, the Department is directed to science, and training. Grant recipients National Center for Restorative Justice .......................... (3,000)
include recommendations for possible miti- should focus on increasing utilization of data Ashanti Alert Network ...................................................... (1,000)
Family Alternative Sentencing Pilots .............................. (3,500)
gation strategies and changes to Federal interventions proven effective and backed by Child Advocacy Training .................................................. (1,000)
laws and regulations. research findings at the State and local Rural Violent Crime Initiative ......................................... (7,000)
Death in Custody Reporting Act (DCRA.)—In Managed Access Systems ............................................... (2,000)
level, and on developing systems to stand- Family Friendly Visitation Spaces in Prisons/Jails ......... (2,000)
a December 2018 report, the OIG examined ardize courts and corrections data. Appli- State Criminal Alien Assistance Program ........................... 244,000
DCRA compliance and found that BJS had cants should propose how they would work Victims of Trafficking Grants .............................................. 85,000
Economic, High-tech, White Collar and Cybercrime Pre-
abandoned three different proposals for data with surrounding States to develop a re- vention ............................................................................. 12,000
collection, thereby delaying the process gional profile on crime and criminal justice Intellectual Property Enforcement Program .................... (2,500)
until fiscal year 2021. BJS is requested to and serve as a repository for data that can be Internet of Things ............................................................ (2,000)
Adam Walsh Act Implementation ........................................ 20,000
publish the collections for fiscal years 2017, readily used for program solving, analysis, Patrick Leahy Bulletproof Vest Partnership Grant Program 30,000
2018, 2019, and 2020 by September 30, 2021. If and evaluation. Transfer to NIST/OLES ..................................................... (1,500)
that deadline cannot be met, BJS must no- National Sex Offender Public Website ................................. 1,000
Correctional Education Evaluation.—NIJ is National Instant Criminal Background Check System
tify the Committees as to the reason for the directed to establish a public-private part- (NICS) Initiative ............................................................... 85,000
delay. nership with research and correctional insti- NICS Acts Record Improvement Program ........................ (25,000)
Research to Reduce Trauma for Child Pornog- Paul Coverdell Forensic Science .......................................... 33,000
tutions to collect and evaluate data to con- DNA Initiative ....................................................................... 141,000
raphy Victims.—The agreement provides tinue to advance the research on the impact Debbie Smith DNA Backlog Grants ................................. (110,000)
$1,500,000 for NIJ to administer a competitive of correctional education on recidivism. State, Local and Federal Forensics Activities ................. (19,000)
grant to an accredited research university Kirk Bloodsworth Post-Conviction DNA Testing Grants .. (8,000)
Research on Gunshot Detection Technology Sexual Assault Forensic Exam Program Grants .............. (4,000)
for a study of best practices to reduce the (GDT).—In lieu of the House report language Community Teams to Reduce the Sexual Assault Kit (SAK)
trauma of children affected by child pornog- regarding gunshot detection, the Commit- Backlog ............................................................................ 48,000
CASA—Special Advocates ................................................... 12,500
raphy investigations. While some best prac- tees note that funding provided to NIJ in fis- Tribal Assistance ................................................................. 46,000
tices have been adopted by law enforcement cal year 2015 supported a research project ti- Second Chance Act/Offender Reentry .................................. 100,000
agencies who investigate these crimes, often Smart Probation .............................................................. (6,000)
tled, ‘‘Evaluating Gunshot Detection Tech- Children of Incarcerated Parents Demo Grants .............. (5,000)
referrals, access, and utilization of services nology to Aid in the Reduction of Firearms Project HOPE Opportunity Probation with Enforcement .. (4,500)
for child victims remains sporadic and incon- Violence’’. The results of this project were Pay for Success ............................................................... (7,500)
sistent. As a result, this study should Anti-Opioid Initiative ............................................................ 394,000
published in September 2019 as NCJ Number Drug Courts ..................................................................... (83,000)
produce a report with concrete recommenda- 254283, and this report is publicly available Mental Health Courts ...................................................... (35,000)
tions for improving and synchronizing law online. NIJ is encouraged to update this re- Residential Substance Abuse Treatment ........................ (34,000)
Veterans Treatment Courts ............................................. (25,000)
enforcement best practices for ensuring child search effort, including the review of new ad- Prescription Drug Monitoring .......................................... (32,000)
victims’ well-being during and after the in- vancements in GDT technology and the ex- Comprehensive Opioid, Stimulant, and Substance
vestigation into the crime. panded number of site locations. Abuse Program ............................................................ (185,000)
Keep Young Athletes Safe Act of 2018 ............................... 2,500
National Model for Reducing Incarceration Data on Police Suicide.—BJS was directed STOP School Violence Act .................................................... 79,000
Rates for Minor Parole Violations.—Poor co- to start the process of maintaining a data Emmett Till Grants .............................................................. 2,000
ordination within the criminal justice sys- set on police suicide for Federal, State, and Hate Crimes Prevention Act Grants ..................................... 5,000
Community Trust Initiative .................................................. 90,000
tem, coupled with a lack of support systems local law enforcement by Public Law 116–93. Body Worn Camera Partnership Program ....................... (35,000)
for affected individuals, can result in unnec- As with the data collection on officer train- Justice Reinvestment Initiative ....................................... (33,000)
essary incarceration rates, create a heavy fi- Byrne Criminal Justice Innovation Program .................... (22,000)
ing described under ‘‘Submission of Officer
nancial burden for States and localities, and Training Information’’ under State and Total State and Local Law Enforcement Assistance $1,914,000
impose employment losses and societal costs Local Law Enforcement Activities, the De-
on the incarcerated and their friends and partment is directed to request that State For fiscal year 2021, DOJ is directed to fol-
family. To address these issues, this agree- and local law enforcement report on police low prior year report language, included in
ment includes $4,000,000 for grants to aca- suicides within their agencies as part of both Senate Report 116–127 and adopted in Public
demic partners who can design and test mod- the Byrne-JAG and COPS Hiring Program Law 116–93, on ‘‘Capital Litigation Improve-
els, to expedite judicial review for technical application processes. As BJS also maintains ment and Wrongful Conviction Review’’,
violations of supervision, while linking indi- the DCRA data collection, the methods used ‘‘Project Safe Neighborhoods’’, ‘‘Group Vio-
viduals to evidence-based services that ad- for DCRA could also be applied to gain data lence Intervention (GVI)’’, ‘‘Gunfire Detec-
dress the root causes of recidivism. Grantees on police suicide. The agreement provides tion Technology’’, ‘‘Grants to Combat
should work to produce and test models that $3,000,000 to assist with this effort and di- Human Trafficking’’, ‘‘Patrick Leahy Bullet-
can be replicated on a national scale. rects that BJS brief the Committees, not proof Vest Partnership Grant Program’’,
Research on Counter Unmanned Aircraft Sys- later than 60 days after the date of enact- ‘‘Sexual Assault Kit Initiative’’, and ‘‘Keep
tems (C–UAS).—This agreement supports the ment of this Act, on the status of this data Young Athletes Safe Act’’.
Department’s efforts to address and mitigate collection, methods for obtaining better data Law Enforcement Training.—In lieu of
the threats to public safety and national se- from law enforcement agencies, and ongoing House report language regarding law en-
curity caused by UAS. This agreement in- resource needs. A public report with full data forcement training, the agreement recog-
cludes $2,000,000 for NIJ to support the re- analysis is to be released by September 30, nizes that training with regard to use of
search, testing, and evaluation of C–UAS in 2021, and data shall be collected and pub- force, racial profiling, implicit bias, proce-
DOJ law enforcement operations. The agree- lished annually. dural justice, efforts to gain accreditation,
ment recommends this research, testing, and STATE AND LOCAL LAW ENFORCEMENT development of uniform standards, imple-
evaluation be conducted with Federal Avia- ASSISTANCE mentation of innovative law enforcement
tion Administration-designated UAS Test and non-law enforcement strategies, and the
(INCLUDING TRANSFER OF FUNDS)
Sites. establishment of crisis intervention teams
Understanding the Effects of Human Traf- The agreement includes $1,914,000,000 for can be among the permissible uses of Byrne-
ficking.—Within the funds provided, NIJ is State and Local Law Enforcement Assist- JAG funding.
directed to develop and conduct studies con- ance programs. These funds are distributed High-Risk Vehicle Events.—The National In-
sistent with those required by section as follows: cident-Based Reporting System (NIBRS)
201(a)(1) of the Trafficking Victims Protec- data collection currently captures a subset
tion Act of 2005 (34 U.S.C. 20701(a)(1)). Fur- STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE of deaths or injuries associated with vehic-
thermore, this agreement reiterates the (In thousands of dollars) ular pursuits, including deaths or injuries to
Committees’ previous direction for NIJ to law enforcement officers and deaths of sus-
conduct a study on the physical and psycho- Program Amount pects. In lieu of House report language re-
logical effects of severe forms of human traf- Byrne Memorial Justice Assistance Grants ......................... $484,000 garding data on high-risk vehicle events,
ficking, as required by section 20 of Public Officer Robert Wilson III VALOR Initiative ....................... (13,000) BJS is encouraged to study the feasibility of
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Law 115–392. NIJ is directed to provide a sta- Smart Policing ................................................................. (8,000) developing a data collection process that
Smart Prosecution ........................................................... (8,000)
tus report on this study not later than 30 NamUS ............................................................................. (2,400) more accurately captures the number of
days after the date of enactment of this Act. Officer Training for Responding to People w/Mental Ill- deaths and injuries from police pursuit and
Interruption of Health Care Coverage in Pre- ness/Disability ............................................................. (7,500) high-risk vehicle events, and include an
Trial Settings.—NIJ is encouraged to study John R. Justice Grant Program ....................................... (2,000) analysis of the potential obstacles to cap-
Prison Rape Prevention and Prosecution ........................ (15,500)
the impact of the interruption of medical, Kevin and Avonte’s Law .................................................. (3,000) turing such data as well as data on bystand-
mental health, and addiction treatment cov- National Center on Forensics .......................................... (4,000) ers injured or killed during police pursuits.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7941
Smart Policing.—The agreement includes allow parents to remain with their depend- promote awareness of these systems in fu-
$8,000,000 for Smart Policing. DOJ is directed ent children while receiving services, includ- ture Byrne-JAG award cycles.
to prioritize applications for the develop- ing drug treatment, job training, and coun- Fentanyl Detection.—DOJ is encouraged to
ment of real-time crime centers in commu- seling, rather than being incarcerated. The support the use of grant funds, such as
nities with high rates of violent and gun agreement includes $3,500,000 for grants in Byrne-JAG funds, for the purchase of
crime. support of such programs, to demonstrate fentanyl detection equipment and training
Officer Training on Responding to People the extent to which these programs can re- as well as naloxone distribution for law en-
with Mental Illness or Disabilities.—The agree- duce costs to the criminal justice and foster forcement safety.
ment includes $7,500,000 for a competitive care systems. OJP is directed to provide a Internet of Things Device Capabilities.—Cur-
grant program to award grants to State and plan for this grant program to the Commit- rently, no database exists of capabilities of
local law enforcement and correctional enti- tees not later than 45 days after enactment Internet of Things devices, for training on
ties to educate, train, and prepare officers so of this Act. options and best practices for handling of
that they are equipped to appropriately Child Advocacy Training.—The Report of evidence to meet judicial standards and pri-
interact with mentally ill or disabled indi- the Attorney General’s National Task Force vacy concerns. To meet this need, $2,000,000
viduals in the course of completing their job on Children Exposed to Violence acknowl- shall be dedicated for a separate competitive
responsibilities. This training should be de- edged the need to include curricula in post- grant program in order to provide four
veloped in conjunction with healthcare pro- secondary educational programs to ensure awards of not less than $500,000 each for in-
fessionals to provide crisis intervention that every child- and family-serving profes- stitutions of higher learning that provide
training focused on understanding mental sional receives training in multiple evidence- training in computer forensics and digital
and behavioral health, developing empathy, based methods for identifying and screening investigation to develop a database on Inter-
navigating community resources, de-esca- children for exposure to violence. The agree- net of Things device capabilities and to build
lation skills, and practical application train- ment includes $1,000,000 for a competitive and execute training modules for law en-
ing for all first responders. OJP is expected grant program to support child advocacy forcement.
to track the results of this grant program in training in undergraduate programming and Paul Coverdell Forensic Science.—The agree-
order to better establish best practices for continuing education. The grants should sup- ment provides a total of $33,000,000, of which
law enforcement agencies. OJP is directed to port the training of future mandated report- $17,000,000 is to specifically target the chal-
submit a plan for implementing this grant ers and child protection professionals and lenges the opioid and synthetic drug epi-
program as part of the fiscal year 2021 spend- support efforts across the country to train demic has brought to the forensics commu-
ing plan. child protection professionals in the field, in- nity, as required by the explanatory state-
National Center on Forensics.—The agree- cluding law enforcement officers, social ment accompanying Public Law 116–93.
ment includes $4,000,000 for a National Cen- workers, mental and medical health profes- Compliance with Statutory Requirements.—
ter on Forensics. The National Center on sionals, and prosecutors. Section 3 of the Justice for All Reauthoriza-
Forensics shall be housed at an accredited Rural Violent Crime Initiative.—The agree- tion Act of 2016 (Public Law 114–235) requires
university of higher education, with medical ment includes $7,000,000 for a rural violent that, for fiscal year 2021, not less than 75 per-
and law schools affiliated within the same crime initiative, with grants to be awarded cent of the amounts made available to the
university system, and work in partnership on a competitive basis to small law enforce- Attorney General for a DNA Analysis and ca-
with a full-service and independent State de- ment agencies in rural locations. Grants are pacity enhancement program and for other
partment of forensic science with a medical to support improved training and tech- local, State, and Federal forensic activities
examiner function, that is located in the nology, expanded community-based crime be provided for grants for activities de-
same State as the partner accredited univer- prevention programs, and partnerships with scribed under paragraphs (1), (2), and (3) of
sity. The Center is to provide medico-legal victim service providers. This initiative is section 2(a) of the DNA Analysis Backlog
learning opportunities for medical students intended to improve communication and col- Elimination Act of 2000 (Public Law 106–546).
to train as deputy medical examiners/coro- laboration between State, local, and Tribal OJP is directed to comply with this require-
ners in underserved rural areas; provide fo- law enforcement agencies and the commu- ment by ensuring that at least 75 percent of
rensic science and legal training to district nities they serve, to address the unique the amount appropriated for these programs
attorneys, judges, and law enforcement; and criminal justice challenges in rural areas. is awarded for these purposes. Additionally,
develop opportunities as appropriate among Community-Based Violence Prevention the Justice Served Act of 2018 (Public Law
the designated partners to benefit current (CBVP).—The agreement includes $14,000,000 115–257) requires that not more than 7 per-
and future practitioners in the field. for CBVP and directs that these funds sup- cent and not less than 5 percent of the funds
National Center on Restorative Justice.—The port evidence-based and data-driven inter- allocated for the Debbie Smith DNA Backlog
agreement provides $3,000,000 to continue a vention, prevention, and deterrence focused Grant Program be used for grants for pros-
partnership with an accredited university of initiatives that aim to reduce violence. ecutors to increase the capacity of State and
higher education and/or law school for the These initiatives should be focused on areas local prosecution offices to address cold
purposes of supporting a National Center on that are disproportionately impacted by vio- cases involving violent crime, where sus-
Restorative Justice to educate and train the lent crime including areas experiencing high pects have been identified through DNA evi-
next generation of justice leaders. The Cen- rates of illegal firearms arrests and homi- dence. The Department is directed to imple-
ter shall also continue to support research cides. Projects are to be competitively ment the Justice Served Act of 2018 in ac-
focusing on how best to provide direct serv- awarded and require close collaboration cordance with the clear intent of Congress,
ices to address social inequities, such as si- among law enforcement, service providers, and to ensure that not more than 7 percent
multaneous access to substance abuse treat- and community-based organizations. and no less than 5 percent of the funds pro-
ment and higher education. Further, the Projects shall employ community-based vided under the Debbie Smith program are
Center shall expand educational opportuni- strategies including conflict mediation, allocated for the purpose of increasing the
ties for those under sentence and in a court- street outreach, GVI, and hospital-based vio- capacity of State and local prosecutors to
supervised substance abuse program, and, lence intervention programs associated with address cold cases.
through research and evaluation, the Center homicide reductions. Second Chance Act (SCA) Grants and Drug
shall disseminate reports on the impact of Drug-Detection Canines.—The rise of drug Treatment.—SCA funding is expected to sup-
attitudes, recidivism, and costs of the edu- trafficking, including that of port grants that foster the implementation
cational initiatives. methamphetamines, within the United of strategies that have been proven to reduce
Ashanti Alert Act Implementation.—The States and along our borders has created in- recidivism and ensure adults released from
agreement includes $1,000,000 for continued creased demand for drug-detection canines prisons and jails safely and successfully re-
efforts to implement the Ashanti Alert Act for local and State law enforcement. The De- enter their communities. The agreement
(Public Law 115–401) in order to further es- partment is reminded that the purchase of supports the Office of Management and
tablish this network that assists regional drug detection canines is a permissible use of Budget’s scoring mechanism for SCA grant
and local search efforts in locating missing Byrne-JAG grant funds. The Department is funding as it relates to opioid abuse and the
adults. This funding shall be provided to di- directed to, where possible, further clarify heroin epidemic. In addition, when awarding
rectly assist State and local government and within other existing programs, including SCA grants, OJP is directed to consider the
law enforcement in order to develop or ex- the AFF’s Equitable Sharing Program, that impact of reentry of prisoners on commu-
pand their missing adult communications canines are a permissible use of Federal nities in which a disproportionate number of
networks. OJP is directed to submit, no later funding. individuals reside upon release from incar-
than 90 days after the enactment of this Act, Combatting Contraband Cell Phones in Pris- ceration. OJP shall assess the reentry bur-
a status report on continued Ashanti Alert ons and Jails.—OJP is directed to publicize dens borne by local communities and local
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Act implementation. that managed access systems and other miti- law enforcement agencies; review the re-
Family-Based Alternative Sentencing Pilot gation technologies are a permissible use of sources available in such communities to
Programs.—Several States have recently im- Byrne-JAG funds, including through state- support successful reentry and the extent to
plemented family-based alternative sen- ments on its website, in ‘FAQs,’ and in which those resources are used effectively;
tencing pilot programs for parents, typically Byrne-JAG solicitations. OJP is further di- and make recommendations to strengthen
primary caregivers, who have been convicted rected to report, as part of its fiscal year 2021 the resources in such communities which are
of non-violent offenses. These programs spending plan, on the efforts it will take to available to support successful reentry and
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H7942 CONGRESSIONAL RECORD — HOUSE December 21, 2020
to lessen the burden placed on such commu- Worn Camera Toolkit on an annual basis education agencies to support continuity of
nities by the need to support reentry. with any new information, data, and best education opportunities for adjudicated
Project HOPE Institute.—The agreement practices and keep it publicly available on youth and to continue its efforts to institute
provides $4,500,000 for Project HOPE, of its website. reforms to ensure States’ compliance with
which not less than $500,000 shall be directed Justice Reinvestment Initiative (JRI).—Juris- the Title II core requirements. The Depart-
to establishing a Project HOPE Institute to dictions may use the JRI to reduce recidi- ment shall report to the Committees on
provide training, technical assistance, and vism; control the size of corrections popu- these efforts not later than 60 days after the
best practices for jurisdictions replicating lations, either incarcerated or on community date of enactment of this Act.
the HOPE model. As this same funding level supervision; reduce crime; and create budg- Arts Programs and Therapies for At-Risk and
was provided in fiscal year 2020, OJP is di- etary solutions to better balance correc- Justice-Involved Youth.—The agreement sup-
rected to submit a report, no later than 90 tional costs within a State’s budget. Justice ports the use and implementation of arts-
days after the enactment of this Act, de- reinvestment is used to implement data- based programs and therapies at various
scribing the efforts to establish a Project driven strategies to improve public safety by points in the juvenile justice system as a
HOPE Institute and the assistance provided reducing corrections spending and rein- way to work collaboratively across sectors
in replicating the HOPE model. vesting those savings in efforts to decrease to achieve system improvements and posi-
Comprehensive Addiction and Recovery Act crime and strengthen neighborhoods. Fund- tive outcomes for youth. As a result, OJJDP
(CARA) Programs.—OJP is directed that fund- ing may be used to provide technical assist- is directed to review opportunities to include
ing for the Comprehensive Opioid, Stimu- ance to States with existing justice reinvest- arts-based methods for prevention, diversion,
lant, and Substance Abuse Program ment programs to further such programs; and residential grant programs, and to pro-
(COSSAP) be focused on prevention and edu- provide technical assistance to additional vide a report to the Committees, not later
cation efforts, effective responses to those States to expand the justice reinvestment than 90 days after the date of enactment of
affected by substance abuse, and services for initiative to those jurisdictions; or provide this Act, on the OJJDP programs providing
treatment and recovery from addiction. Of funding to States with existing justice rein- options for these programs and therapies.
the $185,000,000 for COSSAP, no less than vestment initiatives to expand or enhance Youth Mentoring Grants.—Within the funds
$11,000,000 shall be made available for addi- the State’s self-identified justice reinvest- provided for Youth Mentoring Grants,
tional replication sites employing the Law ment initiative goals. Justice reinvestment $16,500,000 is for helping youth impacted by
Enforcement Assisted Diversion (LEAD) funds shall not be restricted by Federal substance abuse, including opioids and meth-
model, with applicants demonstrating a plan agencies for use on specific programs or pol- amphetamine. OJJDP is expected to take all
for sustainability of LEAD-model diversion icy initiatives, and States shall be permitted steps necessary to ensure fairness and objec-
programs; no less than $5,500,000 shall be to establish their own priorities within the tivity in the award of these and future com-
made available for education and prevention justice reinvestment framework. petitive grants. OJP and OJJDP are expected
programs to connect law enforcement agen- Sexual Assault Kit Initiative (SAKI).—Within to maintain expanded eligibility for local
cies with K–12 students; and no less than the amounts provided in this agreement, mentoring programs, particularly in rural
$10,500,000 shall be made available for embed- OJP shall provide competitively awarded areas, unaffiliated with national mentoring
ding social services with law enforcement in grants with a comprehensive community- organizations. OJP and OJJDP are also ex-
order to rapidly respond to drug overdoses based approach to assist with the reduction pected to collaborate with mentoring stake-
where children are impacted. of the backlog of untested rape kits at law holders to expand youth mentoring services
OJP is encouraged to ensure that funds enforcement agencies. OJP is further di- in rural areas inordinately affected by sub-
provided for residential substance abuse rected to provide a report, no later than 90 stance abuse and that are considered at-risk.
treatment for State prisoners are being used days after enactment of this Act, on its Victims of Child Abuse Act.—For the various
to treat underlying mental health disorders, progress in developing a strategy and model programs authorized under the Victims of
in addition to substance abuse disorders. to serve as best practices for discovering and Child Abuse Act (Public Law 101–647), OJJDP
Within the funding provided for drug courts, testing kits, training law enforcement, and is directed to ensure that not less than 90
OJP is encouraged to give attention to supporting victims throughout the process percent of the grants awarded are for the
States and localities that have the highest as required by Public Law 113–235. purposes of developing and maintaining chil-
concentrations of opioid-related cases, and dren’s advocacy centers (CAC), including
JUVENILE JUSTICE PROGRAMS
to prioritize assistance to underserved areas training and accreditation. OJJDP is further
The agreement includes $346,000,000 for Ju- directed to ensure the funds intended to sup-
whose criminal defendants currently have venile Justice programs. These funds are dis-
relatively little opportunity to access drug port local CACs are used efficiently with the
tributed as follows: highest percentage possible of Federal fund-
courts and coordinate, as appropriate, with
ing expended for local CAC organizational
other Federal agencies such as the Depart- JUVENILE JUSTICE PROGRAMS capacity, which is essential for the effective
ment of Health and Human Services, as it (In thousands of dollars) support of implementing the multidisci-
implements these activities in order to avoid
plinary response to child abuse investiga-
duplication. OJP is directed to include ap- Program Amount tion, prosecution, and intervention services.
propriate long-acting medications, including
Part B—State Formula Grants .................................................. $67,000 Within the funds provided, $5,000,000 shall be
injectable anti-psychotic medication, as an
Emergency Planning—Juvenile Detention Facilities ............. (500) for Regional Children’s Advocacy Centers
allowable expense to improve treatment ad- Youth Mentoring Grants ............................................................. 100,000 (RCACs) Programs.
herence and reduce risk for relapse and re-in- Title V—Delinquency Prevention Incentive Grants ................... 49,000
The agreement supports efforts by CACs to
carceration. Prevention of Trafficking Girls .............................................. (2,000)
Tribal Youth ........................................................................... (10,000) use their unique model and expertise to help
Additionally, the Department is urged to Children of Incarcerated Parents Web Portal ....................... (500) military installations address cases of child
provide funding in accordance with section Girls in the Justice System ................................................... (3,000) abuse, and again provides $1,000,000 from
14002 of the 21st Century CURES Act of 2016 Opioid Affected Youth Initiative ............................................ (10,000)
Children Exposed to Violence ................................................ (8,000) within the funds provided to continue to sup-
(Public Law 114–255) for court-ordered as- Victims of Child Abuse Programs ............................................. 30,000 port a pilot project to identify, develop, and
sisted outpatient treatment as authorized in Missing and Exploited Children Programs ................................ 94,000 operationalize best practices. As this effort
law. Finally, the 21st Century CURES Act Child Abuse Training for Judicial Personnel ............................. 3,500
Juvenile Indigent Defense .......................................................... 2,500 has been funded since fiscal year 2017, OJJDP
authorized the funding of Forensic Assertive is directed to report on the status of this
Community Treatment (FACT) Initiatives as Total, Juvenile Justice ....................................................... $346,000 pilot, including the locations of CACs and
part of the adult and juvenile collaboration military installations working together, the
program grants. OJP is encouraged to make For fiscal year 2021, the Department is di- number of children served through these
funding available for FACT Initiatives with- rected to continue following the directives partnerships, and lessons learned from this
in these programs. as required by Public Law 116–93, on the fol- pilot program.
Body-Worn Camera Partnership Program.—It lowing topics: ‘‘Implementation of the Juve- Missing and Exploited Children Programs.—
is recommended that jurisdictions continue nile Justice Reform Act of 2018’’, ‘‘Juvenile With the exception of funding directives, di-
to: (1) develop camera policies and proce- Diversion Programs’’, and ‘‘ICAC Training’’. rection in the House report on Missing and
dures with community input; (2) commit to a Part B: State Formula Grants.—OJP is di- Exploited Children Programs stands. The
set of narrow and well-defined purposes for rected to submit as part of its spending plan agreement includes $94,000,000 for these pro-
which cameras and their footage may be for State and Local Law Enforcement Activi- grams and the Department is directed to dis-
used; (3) specify clear operational policies for ties a plan for the administration of Part B tribute the increased amount proportionally
recording, retention, and access; (4) require State Formula Grants, including details per- among Missing and Exploited Children pro-
training for both the proper use of body-worn taining to the formulas utilized in awarding grams, excluding research and technical as-
cameras and for the handling and use of the grants under this heading. OJP is further di- sistance activities.
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obtained video and audio recordings; (5) en- rected to submit a report not later than one Furthermore, OJP is directed to provide a
sure that prior to use of body-worn cameras, year after the date of enactment of this Act plan for the use of these funds as part of the
privacy and data retention policies are al- describing the types of programs that grant- Department’s spending plan for fiscal year
ready in place; and (6) as appropriate, make ees are using their formula grant funding to 2021, which shall include investments in au-
footage available to promote accountability support. thorized national programs that serve as a
with necessary privacy safeguards. In addi- DOJ is urged to encourage Title II grant resource center and clearinghouse on miss-
tion, OJP is requested to update the Body- recipients to coordinate with their State ing and exploited children, task force grants,
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7943
and administrative costs for the Internet COMMUNITY ORIENTED POLICING SERVICES—Continued GENERAL PROVISIONS—DEPARTMENT OF
Crimes Against Children (ICAC) program. (In thousands of dollars) JUSTICE
Within the funds provided in this agree- (INCLUDING TRANSFER OF FUNDS)
ment for the AMBER Alert program, no less Program Amount
The agreement includes the following gen-
than $4,400,000 is for the operation and ac-
Co-responder Crisis Teams ................................................... (10,000) eral provisions for the Department of Jus-
tivities of the existing AMBER Alert pro- De-escalation Training .......................................................... (15,000) tice:
gram. Of the funds provided for AMBER Accreditation Support ............................................................ (5,000)
CPD Microgrants .................................................................... (3,000)
Section 201 makes available additional re-
Alert activities, $1,000,000 shall be directed to
Diversity and Anti-Bias Training ........................................... (2,000) ception and representation funding for the
addressing State/Tribal integration con-
Attorney General from the amounts provided
sistent with the findings of the report di- Total, Community Oriented Policing Services ................... $386,000 in this title.
rected by Public Law 115–166.
Section 202 prohibits the use of funds to
OJJDP is directed to continue to provide
For fiscal year 2021, DOJ is directed to fol- pay for an abortion, except in the case of
for the development of IT solutions to ad-
low prior year report language, included in rape or incest, or to preserve the life of the
dress both duplicative tips and law enforce-
Senate Report 116–127 and adopted in Public mother.
ment deconfliction, to ensure that only high-
Law 116–93, on ‘‘Anti-Methamphetamine Section 203 prohibits the use of funds to re-
quality information is being provided to law
Task Forces’’ and ‘‘Anti-Heroin Task quire any person to perform or facilitate the
enforcement agencies, including ICAC task
Forces.’’ performance of an abortion.
forces, as required by the explanatory state-
Section 204 establishes that the Director of
ment accompanying Public Law 116–93. COPS Hiring Program.—The COPS Hiring the Bureau of Prisons (BOP) is obliged to
Within the funds provided in this agree- Program grant solicitation for fiscal year provide escort services to an inmate receiv-
ment, $3,000,000 shall be for a competitive 2021 is directed to include two additional pri- ing an abortion outside of a Federal facility,
grant award program to increase the techno- ority focus areas: (1) hiring officers who live except where this obligation conflicts with
logical investigative capacity, and associ- in the communities that they serve and (2) the preceding section.
ated training of law enforcement, to support hiring officers who are willing to relocate to Section 205 establishes requirements and
the development, refinement, and advance- areas characterized by fragmented relation- procedures for transfer proposals.
ment of widely used investigative tools, ships between police and residents of the Section 206 prohibits the use of funds for
methods and technologies that address child community, or where there are high inci- transporting prisoners classified as max-
pornography, exploitation, and sex traf- dents of crime. imum or high security, other than to a facil-
ficking, as previously directed in fiscal years
Community Policing Development (CPD), ity certified by the BOP as appropriately se-
2018, 2019 and 2020. OJJDP is further directed
Training and Technical Assistance.—The cure.
to expand efforts to provide advanced skills
agreement provides $35,000,000 for CPD, for Section 207 prohibits the use of funds for
training for ICAC officers.
competitive grants provided directly to law the purchase or rental by Federal prisons of
ICAC Structure.—OJJDP is directed to sub-
enforcement agencies, in the following man- audiovisual or electronic media or equip-
mit a report, not later than 120 days after
ner: $10,000,000 is to expand the use of crisis ment, services and materials used primarily
the date of enactment of this Act, describing
intervention teams in order to embed mental for recreational purposes, except for those
how the ICAC program can be better struc-
and behavioral health services with law en- items and services needed for inmate train-
tured to ensure consistency across the 61
forcement, including training programs; ing, religious, or educational purposes.
task forces. Issues to be addressed include,
$15,000,000 is for officer training in de-esca- Section 208 requires review by the Deputy
adherence to standardized operating proce-
lation techniques, of which no less than Attorney General and the Department In-
dures; deconfliction processes with other
$4,000,000 is for grants to regional de-esca- vestment Review Board prior to the obliga-
Federal, State, local, and Tribal law enforce-
lation training centers that are administered tion or expenditure of funds for major infor-
ment agencies; the best way to prioritize in-
by accredited institutions of higher edu- mation technology projects.
vestigations; and the possibility of estab-
cation and offer de-escalation training cer- Section 209 requires the Department to fol-
lishing a formalized governing board over
tified by a national certification program; low reprogramming procedures prior to any
the ICAC program. This report should also
$5,000,000 is for assisting agencies with gain- deviation from the program amounts speci-
discuss how to reduce the problem of high
ing accreditation to ensure compliance with fied in this title or the reuse of specified
turnover for ICAC investigators, reasons for
national and international standards cov- deobligated funds provided in previous years.
this turnover, and the skill sets and law en-
ering all aspects of law enforcement policies, Section 210 prohibits the use of funds for
forcement backgrounds that have been most
procedures, practices, and operations, of A–76 competitions for work performed by
beneficial for investigators who have lon-
which no less than $1,500,000 is to be provided employees of BOP or Federal Prison Indus-
gevity with their ICAC programs.
for small and rural law enforcement agencies tries, Inc.
Children Exposed to Violence.—The agree-
for this purpose; $3,000,000 is for the CPD Section 211 prohibits U.S. Attorneys from
ment provides $8,000,000 for grants to help
Microgrants program, which provides fund- holding additional responsibilities that ex-
children exposed to violence, through sup-
ing for demonstration and pilot projects that empt U.S. Attorneys from statutory resi-
portive services for the children and their
offer creative ideas to advance crime fight- dency requirements.
families, training and awareness to commu-
ing, community engagement, problem solv- Section 212 permits up to 2 percent of
nities, and technical assistance for child and
ing, and organizational changes to support grant and reimbursement program funds
family-serving organizations to help them
community policing; and $2,000,000 is for made available to the OJP to be used for
better recognize and help families at risk for
grants to support tolerance, diversity, and training and technical assistance and per-
violence.
anti-bias training programs offered by orga- mits up to 2 percent of grant funds made
PUBLIC SAFETY OFFICER BENEFITS available to that office to be used for crimi-
nizations with well-established experience
(INCLUDING TRANSFER OF FUNDS) training law enforcement personnel and nal justice research, evaluation and statis-
The agreement includes $143,800,000 for the criminal justice professionals. The COPS Of- tics by the NIJ and the Bureau of Justice
Public Safety Officer Benefits program for fice is directed to report, within 30 days of Statistics.
fiscal year 2021. enactment of this Act, on how the direction Section 213 gives the Attorney General the
COMMUNITY ORIENTED POLICING SERVICES for CPD grants is being followed as well as authority to waive matching requirements
timelines for grant deadlines and distribu- for Second Chance Act adult and juvenile re-
COMMUNITY ORIENTED POLICING SERVICES
tion. entry demonstration projects; State, Tribal,
PROGRAMS
and local reentry courts; and drug treatment
(INCLUDING TRANSFER OF FUNDS) Law Enforcement Mental Health and programs. If a waiver is granted, the Attor-
The agreement includes $386,000,000 for Wellness Grants.—Funding for the Law En- ney General shall document any factors and
Community Oriented Policing Services forcement Mental Health and Wellness Act material presented by a grantee upon deter-
(COPS) programs, as follows: (Public Law 115–113) shall be distributed via mining that a fiscal hardship exists prior to
competitive grant process for State and local making an award.
COMMUNITY ORIENTED POLICING SERVICES law enforcement agencies to provide better Section 214 waives the requirement that
training on officer emotional and mental the Attorney General reserve certain funds
(In thousands of dollars)
health, to implement suicide prevention pro- from amounts provided for offender incarcer-
Program Amount gramming, and to help officers seek assist- ation.
ance in receiving support services. Section 215 prohibits funds, other than
COPS Hiring Grants ................................................................... $237,000
Tribal Resources Grant Program ........................................... (29,500) School Resource Officers.—The COPS Office funds for the national instant criminal back-
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Regional Information Sharing Activities ............................... (40,000) is directed to continue to implement require- ground check system established under the
Tribal Access Program .......................................................... (3,000) ments and procedures regarding written Brady Handgun Violence Prevention Act,
Law Enforcement Mental Health and Wellness Act ............. (8,000)
POLICE Act ................................................................................. 11,000 memoranda of understanding and training from being used to facilitate the transfer of
Anti-Methamphetamine Task Forces ......................................... 15,000 requirements, including clear definitions of an operable firearm to a known or suspected
Anti-Heroin Task Forces ............................................................. 35,000 officers’ roles and responsibilities on cam- agent of a drug cartel where law enforcement
STOP School Violence Act .......................................................... 53,000
Community Policing Development/Training and Technical As- pus, for any COPS Hiring grant funds used to personnel do not continuously monitor or
sistance ................................................................................. 35,000 hire school-based law enforcement officers. control such firearm.
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H7944 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Section 216 places limitations on the obli- frain from requesting only part of the fund- Earth Science Decadal.—In keeping with the
gation of funds from certain Department of ing it requires to accomplish all of its mis- recommendations of the Earth Science
Justice accounts and funding sources. sions. Additionally, the agreement objects to decadal survey, NASA should plan to com-
Section 217 allows certain funding to be NASA’s efforts in recent fiscal years to redi- petitively select future missions. An in-
made available for use in Performance Part- rect funding away from priorities clearly set crease in competed, Principal Investigator
nership Pilots. by the Congress in law and has included (PI)-led missions can encourage better cost
Section 218 increases the threshold for bal- more specific bill language to curtail such and schedule management, infuse new tech-
ances in the United States Trustee System actions. nologies, and contribute to workforce.
Fund. Quarterly Launch Schedule.—NASA shall Earth System Science Pathfinder Missions.—
Section 219 provides access for Tribes to continue providing the Committees with a The agreement includes $343,900,000 for Earth
national information databases. quarterly launch schedule, by mission, which System Science Pathfinder missions.
Section 220 makes the Attorney General describes the risks associated with any Venture Class Missions.—The agreement in-
responsible for payment of witness fees. launch delays, the impacts of launch delays cludes $263,600,000 for Venture Class Mis-
Section 221 makes United States Marshals to other missions in the launch queue, a sions.
Service employees eligible for danger pay for budget estimate of the anticipated carrying NASA—Indian Space Research Organisation
certain foreign deployments. costs for missed launch windows, as well as (ISRO) Synthetic Aperture Radar, Geosynchro-
Section 222 provides funding to develop and any adjustments to launch windows for de- nous Littoral Imaging and Monitoring Radiom-
operate a database on law enforcement use of layed missions. eter (GLIMR), and Geostationary Carbon Cycle
force and officer misconduct. Oversight and Accountability.—NASA acqui- Observatory (GeoCARB).—The agreement
TITLE III sition management remains on the U.S. Gov- fully supports, at no less than the request
ernment Accountability Office’s (GAO’s) level, NASA–ISRO Synthetic Aperture
SCIENCE
‘‘high risk’’ list. NASA is expected to main- Radar, the GLIMR instrument, and
OFFICE OF SCIENCE AND TECHNOLOGY POLICY tain focus on improving oversight and ac- GeoCARB. GeoCARB is due to launch in 2023
The agreement includes $5,544,000 for the countability. NASA is directed to cooperate and will demonstrate the feasibility of using
Office of Science and Technology Policy fully with GAO and shall provide timely pro- a commercial communications satellite to
(OSTP). gram analysis, evaluation data, and other
Emerging Contaminants.—Within 30 days of host a scientific instrument to measure
relevant information so GAO can report to
the enactment of this Act, OSTP shall up- vegetation off-gassing and detect methane.
Congress shortly after the annual budget
date its October 2018 ‘‘Plan for Addressing GeoCARB could serve as a model for meeting
submission, and semiannually thereafter, on
Critical Research Gaps Related to Emerging future Earth Science research needs in a
the status of large-scale NASA programs,
Contaminants in Drinking Water’’ as di- cost-effective manner. The agreement is sup-
projects, and activities. NASA is further di-
rected in Senate Report 116–127 and adopted rected to brief the Committees within 30 portive of collaborative research that works
by Public Law 116–93. The update shall iden- days of the annual budget submission on the to advance our understanding of the behav-
tify any necessary program, policy, or budg- reserves, along with confidence level if ap- ior of the Earth by engaging academia, par-
etary resources required, by agency, to sup- propriate, assumed in the proposed funding ticularly students, in its studies and inves-
port implementation of the Federal research level for each directorate, theme, program, tigations, as these partnerships ensure that
strategy for fiscal years 2021, 2022, and 2023. project, or activity. NASA’s data expertise remains up-to-date
OSTP is further directed to brief the Com- and increases the research capacities at uni-
mittees on the National Emerging Contami- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION versities.
Planetary Science.—The agreement includes
nant Research Initiative within 30 days of (In thousands of dollars)
$2,700,000,000 for Planetary Science.
enactment of this Act. Lunar Discovery.—The agreement includes
Research Integrity.—The Committees have Program Amount
up to $451,500,000 for the Lunar Discovery and
yet to receive the assessment that will form Science: Exploration, including $22,000,000 to continue
the baseline for guidance for government Earth Science .................................................................. $2,000,000
Planetary Science ............................................................ 2,700,000 the Lunar Reconnaissance Orbiter, $70,000,000
agencies, universities, and the broader re-
Astrophysics ..................................................................... 1,356,200 for the new Lunar Future initiative, and up
search community on indicators of risks to James Webb Space Telescope ......................................... 414,700 to the request level for Commercial Lunar
research integrity from foreign influence. Heliophysics ..................................................................... 751,000
Biological and Physical Sciences .................................... 79,100 Payload Services (CLPS). NASA is expected
OSTP shall report within 30 days of enact-
to provide funding under the CLPS program
ment of this Act to the Committees on the Total, Science .............................................................. 7,301,000 only for lunar landers and rovers majority-
extent of these issues and provide OSTP’s
designed, developed, and built in the United
suggested risk mitigation actions that can Aeronautics .......................................................................... 828,700
States. Additionally, this level of funding
be implemented by universities and the U.S.
Space Technology ................................................................. 1,100,000 supports a regular cadence of at least one
Government.
Research on the Great Lakes Resources.—The robotic mission to the lunar surface per
Exploration: year. The Lunar Discovery and Exploration
vessels of the Great Lakes ecosystem Fed- Exploration Systems Development ................................... 4,582,600
eral research fleet are nearing the end of Orion Multi-purpose Crew Vehicle .............................. 1,406,700 program shall adhere to the lunar science
their useful service lives. OSTP is reminded Space Launch System (SLS) Vehicle Deployment ...... 2,585,900 priorities established by decadal surveys and
Exploration Ground Systems ....................................... 590,000 the National Research Council’s Scientific
of the requirement to submit an assessment Exploration Research and Development .......................... 1,972,800
of the fleet contained in Senate Report 115– Gateway ....................................................................... 698,900 Context for the Exploration of the Moon by
275, adopted by Public Law 116–6.
Human Landing System .............................................. 850,000 funding activities that meet both lunar
Total, Exploration ........................................................ 6,555,400 science and human exploration needs
Federal Unmanned Aircraft Systems (UAS)
Procurement.—OSTP is encouraged to iden- Space Operations ................................................................. 3,988,200 through varied mission types.
tify domestically-produced UAS options as Planetary Defense.—The agreement in-
alternatives to commercially-available for- Science, Technology, Engineering, and Mathematics cludes $156,400,000 for planetary defense of
(STEM) Engagement: which $66,400,000 is for the Double Asteroid
eign UAS that may allow for the unintended NASA Space Grant ........................................................... 51,000
transmittal of data being collected and to EPSCoR ............................................................................ 26,000 Redirect Test (DART) to ensure a June 2021
coordinate guidelines that will allow for se- Minority University Research Education Project ............. 38,000 launch and $90,000,000 is for other Near Earth
STEM Education and Accountability Projects ................. 12,000 Object Observations missions and data anal-
cure utilization of UAS by all Federal agen- Total, Science, Technology, Engineering, and Mathe-
cies. matics (STEM) Engagement ................................... 127,000 ysis. NASA is expected to request adequate
resources for simultaneous development of
NATIONAL SPACE COUNCIL Safety, Security and Mission Services ................................. 2,936,500 DART and the Near Earth Object Surveil-
The agreement includes $1,965,000 for the lance Mission (NEOSM) that pursues a 2025
activities of the National Space Council. Construction and Environmental Compliance and Restora- launch date for NEOSM. NASA is directed to
Quarterly Briefings.—The National Space tion .................................................................................. 390,278
report to the Committees within 180 days of
Council is directed to provide the Commit- the enactment of this Act on how the agency
Office of Inspector General .................................................. 44,200
tees with quarterly briefings, beginning with is fulfilling its mandate to detect 90 percent
the annual budget submission, that identify Total, NASA ................................................................. $23,271,278 of objects greater than 140 meters that
current and emerging threats to maintaining threaten Earth, along with development
U.S. leadership in space-based activities by progress of DART and NEOSM.
the Federal Government, industry, and aca- SCIENCE
Asteroid Sample and Advanced Curation Fa-
demia and the associated plans and policies The agreement includes $7,301,000,000 for cility.—NASA’s investments in the Asteroid
to maintain that leadership. Science. Sample and Advanced Curation Facility, as
Earth Science.—The agreement includes
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NATIONAL AERONAUTICS AND SPACE well as the Astromaterials Curation Annex,
$2,000,000,000 for Earth Science and adopts all
ADMINISTRATION will allow NASA to properly analyze and cu-
funding levels designated by the House, ex-
The agreement includes $23,271,278,000 for rate the variety of samples encountered in
cept as follows.
the National Aeronautics and Space Admin- Earth Science Research and Analysis.—The the planned Mars Sample Return (MSR) mis-
istration (NASA). agreement directs no less than $25,000,000 sion. NASA should leverage these invest-
Partial Funding Requests.—The agreement above the requested level for Earth Science ments by engaging the academic community
notes that going forward, NASA should re- Research and Analysis. to support sample return missions and make
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7945
samples available for research to the world- researchers. NASA is directed to establish a Unmanned Traffic Management System
wide science community. standalone heliophysics technology program (UTM).—NASA is encouraged to continue
New Frontiers Missions.—The agreement in- in future budget requests. NASA’s space work with Federal agencies, States, coun-
cludes $183,200,000 for New Frontiers mis- weather science applications program should ties, cities, and Tribal jurisdictions on re-
sions. Within New Frontiers, $100,000,000 is focus on research and technologies that en- search toward the development of a UTM
included for Dragonfly missions. The agree- able other agencies to dramatically improve system that will ensure the broadest level of
ment includes the budget request for Radio- operational space weather forecasts and as- acceptance from local jurisdictions. Within
isotope Power Systems. Further, the agree- sets, including ground-based assets such as 60 days of enactment of this Act, NASA shall
ment expects NASA to continue the selec- the Daniel K. Inouye Solar Telescope. provide a report to the Committees on Ap-
tion and launch cadence of New Frontiers Unmanned Aerial Vehicles.—The agreement propriations regarding the agency’s future
and Discovery class missions in spite of any supports NASA’s efforts to develop and re- unmanned traffic management UTM airspace
cost pressures from planetary flagship mis- fine UAV platforms and encourages contin- requirements, UTM airspace needs, and by
sions or the Mars program. ued cooperation from Federal science agen- extension, the agency’s advanced air mobil-
Mars Exploration Program.—The House lan- cies, including NOAA, to expand utilization ity airspace needs.
guage regarding the Mars Exploration Pro- and supplement data collection in support of UTM Modeling.—The agreement supports
gram is accepted and within these amounts hurricane forecast modeling. NASA’s ability to leverage test range air-
the agreement includes $263,500,000 to further Biological and Physical Science.—The agree- space, modeling, and simulation from other
development of an MSR mission to be ment includes $79,100,000 for Biological and Federal agencies for UTM and advanced air
launched in 2026. Physical Science within Science, with a mobility related activities. NASA should en-
Commercial Deep Space Communications commensurate reduction in Space Oper- sure that UTM regional modeling and sim-
Relay.—Consistent with House direction, ations. ulation include electric and hybrid vertical
within 180 days of enactment of this Act, AERONAUTICS
takeoff and landing (VTOL) aircraft and that
NASA is directed to submit a report to the VTOL aircraft, infrastructure, and airspace
Committees outlining the Science plan for The agreement includes $828,700,000 for meet the needs of rural, suburban, and urban
securing commercial services for future Mars Aeronautics. The agreement supports New communities.
surface assets. NASA may use fiscal year Aviation Horizons and is encouraged by Cleaner, Quieter Airplanes.—Not later than
2021 funds to procure such services to the ex- NASA’s efforts toward developing a Low 180 days after the enactment of this Act,
tent they are available, scientifically nec- Boom Flight Demonstrator X-plane, referred NASA shall submit to the Committees a re-
essary, and can be selected competitively. to as the Low Boom Flight Demonstrator port on NASA’s progress on the development
Europa Clipper Mission.—The agreement in- (LBFD). Appropriate funds are also included of technologies for quieter, cleaner air-
cludes $403,500,000 for the Jupiter Europa to enable the next X-plane demonstration planes, including the ability to transition
Clipper mission, modifies House language re- planned beyond LBFD. these technologies to industry.
garding Clipper, and includes a proviso re- University Leadership Initiative.—NASA is SPACE TECHNOLOGY
garding conditions to be met and directives expected make additional awards to U.S.
universities from the Fiscal Year 2020 solici- The agreement includes $1,100,000,000 for
for the Administrator. Space Technology and reaffirms support for
Icy Satellites Surface Technology.—The tation to address additional technical bar-
riers in aeronautics and is encouraged to uti- the independence of the mission directorate
agreement includes no less than $17,500,000 and recognizes that its current status en-
above the requested level for Icy Satellites lize universities and their capabilities in
areas where multidisciplinary convergent re- ables it to support the development of a wide
Surface Technology. array of various technologies.
Science Mission Directorate (SMD) Edu- search is needed in early stage aeronautics
Regional Economic Development Program.—
cation.—The agreement provides no less than research and technology development.
The agreement includes up to $8,000,000 for
$45,600,000 for education and outreach efforts. Hypersonics Technology.—The agreement
the Regional Economic Development Pro-
The agreement further supports the rec- includes up to $60,000,000 for Hypersonics
gram. NASA is encouraged to expand the
ommendation that the Astrophysics program Technology.
program to all 50 states.
continue to administer this SMD-wide edu- Hypersonics Advanced Materials.—The On Orbit Servicing and Manufacturing.—The
cation funding. The agreement encourages agreement provides an additional $8,000,000 agreement includes up to the requested level
SMD-funded investigators to be directly in- above the request for collaborative work be- for On Orbit Servicing and Manufacturing
volved in outreach and education efforts and tween industry and academia for develop- Demonstration–2.
support citizen science. NASA should con- ment of lower cost advanced three-dimen- Restore-L/SPace Infrastructure DExterous
tinue to prioritize funding for ongoing edu- sional carbon/carbon material testing and Robot (SPIDER).—The agreement provides
cation efforts linked directly to its science characterization that will benefit the next $227,000,000 for Restore-L/SPIDER.
missions. generation of very high temperature compos- Nuclear Thermal Propulsion.—The agree-
Astrophysics.—The agreement includes ites for hypersonic vehicles. ment provides not less than $110,000,000 for
$1,356,200,000 for Astrophysics. High-Rate Composite Aircraft Manufacturing the development of nuclear thermal propul-
Cosmic Origins.—The agreement includes (HiCAM).—The agreement provides no less sion, of which not less than $80,000,000 shall
$93,300,000 for the Hubble Space Telescope, than the requested amount for HiCAM and be for the design of test articles that will en-
$10,000,000 for search for life technology de- encourages NASA to leverage existing aca- able a flight demonstration. Within 180 days
velopment to leverage and scale technologies demic and industry expertise to help dem- of the enactment of this Act, NASA, in con-
developed for the James Webb Space Tele- onstrate efficient design, development, and junction with other relevant Federal depart-
scope, and $85,200,000 for the Stratospheric certification requirements associated with ments and agencies, shall submit a multi-
Observatory for Infrared Astronomy this program and to utilize no less than 75 year plan that enables technology develop-
(SOFIA). percent of these funds to support public-pri- ment leading to an in-space propulsion-sys-
James Webb Space Telescope (JWST).—The vate partnership with at least a 50 percent tem demonstration and describes future mis-
agreement includes $414,700,000 for JWST. government cost share. sions and propulsion and power systems en-
Nancy Grace Roman Space Telescope.—The Subsonic Aircraft Research.—NASA is en- abled by this capability.
agreement includes $505,200,000 for the couraged to continue research and develop- Solar Electric Propulsion.—The agreement
Roman Telescope. ment in key technologies and innovative air- includes the requested level for Solar Elec-
Heliophysics.—The agreement provides craft structures and components to enable tric Propulsion activities.
$751,000,000 for Heliophysics, including development of ultra-efficient, sustainable Additive Manufacturing.—The agreement
$280,800,000 for Heliophysics Research which transonic aircraft, including investments in includes $35,000,000 for additive manufac-
includes the request level for Research X-planes or other appropriate test platforms. turing.
Range; $148,200,000 for Living with a Star, Advanced Composite Project (ACP).—The Flight Opportunities Program.—The agree-
which includes no less than $25,000,000 for agreement encourages NASA to maintain ment includes no less than $27,000,000 for the
space weather science applications and the capabilities and intellectual property Flight Opportunities Program. The funding
$15,000,000 above the request for Geospace structures developed through public-private provided for this program may be used to
Dynamics Constellation; $148,600,000 for partnerships within the ACP, provides no support undergraduate and graduate work in
Solar Terrestrial Probes, which includes less than the fiscal year 2020 funding level developing flight opportunities payloads.
funding for the Magnetospheric Multiscale for these activities, and expects the activi- NASA should ensure that funds are available
mission at no less than the fiscal year 2020 ties associated with the ACP to be leveraged for flight opportunities of science, tech-
level and $10,000,000 to begin formulation for across the aeronautics portfolio as part of nology demonstration, and educational pay-
the Dynamical Neutral Atmosphere- the fiscal year 2022 request. loads developed across all NASA Mission Di-
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Ionosphere Coupling mission as a Principal Advanced Materials Research.—The agree- rectorates, as well as external flight oppor-
Investigator (PI)-led mission; and $173,400,000 ment provides $7,000,000 above the request tunities, as authorized under section 907 of
for Heliophysics Explorers. This amount sup- level for advanced materials research and en- the NASA Authorization Act of 2010 (Public
ports the Diversify, Realize, Integrate, Ven- courages NASA to partner with academic in- Law 111–267), including competitively-se-
ture, Educate initiative as recommended in stitutions that have strong capabilities in lected opportunities in support of payload
the most recent heliophysics decadal survey, aviation, aerospace structures, and materials development and flight of K–12 and colle-
as well as science centers and early career testing and evaluation for these activities. giate educational payloads. NASA is directed
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H7946 CONGRESSIONAL RECORD — HOUSE December 21, 2020
to consider how the Flight Opportunities development to production and operations. plan, budget, and timeline for sustainment of
Program may be leveraged to provide ex- This transfer will increase funding for the the existing network and infrastructure up-
panded opportunities to Science, Tech- KSC Modifications to Launch Infrastructure grades, as well as delineating responsibilities
nology, Engineering, and Mathematics for SLS project, to initiate construction of for the program and explaining how the pro-
(STEM) students and early career research- new platforms for Vehicle Assembly Building gram goals differ from SCaN. NASA is di-
ers. The recommendation includes $7,000,000 (VAB) High Bay 3 to enable processing the rected to brief the Committees on the plan
to support payload development and flight of SLS Block 1B configuration. within 180 days of enactment of this Act.
K–12 and collegiate educational payloads. Second Mobile Launch Platform (MLP–2).—In SCIENCE, TECHNOLOGY, ENGINEERING, AND
Innovative Nanomaterials.—The agreement lieu of the House report language, the agree- MATHEMATICS ENGAGEMENT
includes $5,000,000 to advance large scale pro- ment within Exploration Ground Systems in-
The agreement includes $127,000,000 for
duction and use of innovative nanomaterials, cludes $74,000,000 for MLP–2.
Science, Technology, Engineering, and
including carbon nanotubes. Exploration Research and Development.—The
Mathematics Engagement.
On Surface Manufacturing Capabilities.—The agreement includes $1,972,800,000 for Explo-
Space Grant Program.—The agreement in-
agreement provides the budget request for ration Research and Development, and di-
cludes $51,000,000 for the Space Grant Pro-
On-Surface Manufacturing and directs rects that of that amount, $698,800,000 is for
gram; directs that these amounts be allo-
NASA, through partnerships with univer- Gateway, and $850,000,000 is for the Human
cated to State consortia for competitively
sities, to leverage efforts that complement Landing System.
awarded grants in support of local, regional,
ongoing work on the development of ad- Priority of Use Missions.—NASA is directed
and national STEM needs; and directs that
vanced materials with a focus on point-of- to continue reporting to the Committees any
all 52 participating jurisdictions be sup-
need and in-place generated materials, en- activities that cause NASA to invoke its
ported at no less than $760,000 each.
ergy capture and power storage, recycling, ‘‘Priority of Use’’ clause, including identi-
Established Program to Stimulate Competitive
commercialization, and workforce develop- fying the conflicting activities between
Research (EPSCoR).—The agreement includes
ment. NASA and non-Federal activities, and how
$26,000,000 for EPSCoR.
Small Business Innovation Research.—NASA the conflict was resolved, 15 days prior to
Minority University Research and Education
shall continue to fulfill statutory obligations any activity taking place. NASA shall en-
Project (MUREP).—The agreement includes
for the amount of Small Business Innovation sure that any non-Federal activities do not
$38,000,000 for MUREP. MUREP is encouraged
Research (SBIR) and place an increased focus interfere with the progress of, and schedule
to support programs that connect science,
on awarding SBIR awards to firms with for, the Artemis missions.
indigenous culture, and community, includ-
fewer than 50 employees. Lunar Lander Program Office.—Within the
ing the integration of indigenous practices,
EXPLORATION amount provided for the Human Landing
at minority-serving higher education insti-
System, the agreement includes full funding
The agreement includes $6,555,400,000 for tutions, including Alaska Native and Native-
for the Lunar Lander Program Office.
Exploration and recognizes that the Nation Hawaiian Serving Institutions and Tribal
deserves a safe and robust human spaceflight SPACE OPERATIONS Colleges and Universities, in a State or
program to explore beyond low-Earth orbit The agreement provides $3,988,200,000 for States where the need for such indigenous-
(LEO) and ensure U.S. leadership in space. Space Operations, including $17,000,000 for academic collaboration is present.
To support these efforts, the agreement pro- commercial low Earth orbit (LEO) develop- STEM Education and Accountability Projects
vides funding for NASA to make investments ment. (SEAP).—The agreement includes $12,000,000
in critical infrastructure that will enable the Commercial Crew and Cargo Program.—The for the SEAP.
human exploration of space beyond LEO agreement provides the requested level of Museums and Planetariums.—No less than
through the Artemis program and provide funding for Commercial Crew and Cargo, in- $5,000,000 is provided for the Competitive
flexibility for a variety of mission destina- cluding funds to enable cargo flights for all Program for Science Museums, Planetar-
tions including the Moon and Mars. three current providers within the Commer- iums, and NASA Visitor Centers within
Orion Multi-Purpose Crew Vehicle.—The cial Crew and Cargo program. SEAP, and NASA is encouraged to follow the
agreement includes $1,406,700,000 for the Biological and Physical Science Research and program’s authorized purpose.
Orion Multi-Purpose Crew Vehicle. NASA is Applications.—At the request of NASA, the SAFETY, SECURITY AND MISSION SERVICES
further directed to inform Congress of the agreement moves the Biological and Phys-
The agreement includes $2,936,500,000 for
status of activities related to Orion, the Eu- ical Science research and applications to the
Safety, Security and Mission Services.
ropean Service Module, and ongoing activi- Science Mission Directorate. The agreement
IV&V Program.—The agreement directs
ties related to integration of Orion with supports the full request for ISS Research.
that within the amounts provided $39,100,000
Space Launch System and associated ground However, of the requested amount, $79,100,000
is for NASA’s IV&V Program and, if nec-
infrastructure. for Biological and Physical Science is pro-
essary, NASA is directed to fund additional
Space Launch System (SLS).—The agree- vided within the NASA Science account.
IV&V activities from within the mission di-
ment provides $2,585,900,000 for SLS, of which NASA is directed to continue to support
rectorates that make use of IV&V services.
$400,000,000 is for concurrent SLS Block 1B grant opportunities in biological and phys-
Accounting System.—The agreement directs
Development, including Exploration Upper ical sciences research within a microgravity
that NASA not implement, alter, or con-
Stage development and associated stage environment, including continued study of
figure any changes to its financial system to
adapter work. The agreement is supportive and quantifying potential exposure to cosmic
accommodate amounts below NASA appro-
of fully developing the capabilities of SLS, rays through initiatives such as the Alpha
priation account levels. NASA should re-
and directs NASA to continue the simulta- Magnetic Spectrometer.
quest such changes, and any associated
neous development of activities as author- Commercial LEO Development.—The agree-
costs, as part of a future budget request.
ized under sections 302(c)(1)(a) and (b) of ment provides $17,000,000 for LEO commer-
Buy American Provisions.—NASA is directed
Public Law 111–267. The agreement reiterates cialization to grow promising research
to follow prior year report language included
House language directing NASA to engage an across all scientific disciplines and indus-
in Senate Report 116–127 and adopted by Pub-
independent reviewer to conduct a review of tries. Within 180 days of enactment of this
lic Law 116–93 regarding Buy American pro-
SLS completion costs. Additionally, not Act, NASA shall provide the Committees the
visions related to marine vessels and marine
later than 180 days after the enactment of selection criteria used by NASA and other
vessel components.
this Act, the agreement directs NASA to U.S. based entities for selecting projects, a
Diversity and Inclusion.—NASA is encour-
submit to the Committees a comprehensive list of the projects selected, the total costs
aged to take steps to promote racial and cul-
manifest of Space Launch System cargo incurred by NASA for delivery and execution
tural acceptance and diversity within its
flights through 2030 which incorporates of each project, and the amount NASA will
workforce. Within 180 days of enactment of
planned Science missions, such as the Eu- be reimbursed for transportation, personnel,
this Act, NASA is directed to submit a re-
ropa Lander mission and outer planet mis- and facility use for each project. NASA is
port analyzing the current racial and cul-
sions to Uranus and Neptune. also directed to provide the Committees,
tural makeup of the agency; planned efforts
Exploration Ground Systems.—In lieu of di- within 180 days of enactment of this Act, an
to recruit, retain, and advance applicants
rection in the House report, the agreement assessment of the benefits and challenges of
and employees critical to promoting greater
includes $590,000,000 for Exploration Ground using repurposed upper stages as free-flying
racial and cultural diversity, and the out-
Systems. platforms. NASA shall not use funds pro-
comes of these efforts; and any additional
VAB Construction.—The agreement pro- vided in this or any other Act to subsidize
steps and recommendations planned to pro-
vides for a transfer of $25,000,000 from Explo- the cost of any project that is primarily in-
mote greater racial and cultural acceptance
ration Systems Development to Exploration tended for marketing, advertising, or enter-
and diversity throughout the NASA work-
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Construction of Facilities, to fund additional tainment purposes.
force, including the development and anal-
Exploration Ground Systems construction Space Communications.—The proposal to
ysis of metrics to evaluate success.
requirements incrementally, consistent with consolidate the Communications Services
the incremental funding authority provided Program (CSP) under Space Communica- CONSTRUCTION AND ENVIRONMENTAL
for Exploration Systems in the FY 2018 Con- tions and Navigation (SCaN) has created un- COMPLIANCE AND RESTORATION
solidated Appropriations Act (P.L. 115–141), certainty about how CSP will be managed. The agreement includes $390,278,000 for
as Exploration Systems programs move from The agreement directs NASA to develop a Construction and Environmental Compliance
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7947
and Restoration (CECR). The agreement also research fleet, federally funded research and critical to advance scientific discovery, fu-
includes the request for Construction of Fa- development centers and the national high- ture science facilities, and important appli-
cilities for Science, Exploration, and Space performance computing centers. cations in national security, industry, and
Operations. Daniel K. Inouye Solar Telescope (DKI–ST).— medicine. NSF is encouraged to implement
OFFICE OF INSPECTOR GENERAL The agreement supports the budget request report recommendations and to make the
for the Daniel K. Inouye Solar Telescope necessary early stage investments in in-
The agreement includes $44,200,000 for the
(DKI–ST). NSF is encouraged to support the tense, ultrafast laser science and technology.
Office of Inspector General.
existing ancillary academic partnerships be- Marine Research.—NSF is to maintain cur-
ADMINISTRATIVE PROVISIONS tween NSF and DKI–ST. rent funding levels for marine research fa-
(INCLUDING TRANSFERS OF FUNDS) Green Bank Observatory (GBO).—The agree- cilities. A plan shall be developed by NSF
NASA is directed to provide any notifica- ment supports NSF’s effort to develop multi- with the scientific community to continue
tion under section 20144(h)(4) of title 52, agency plans at GBO and provides no less researcher access to marine research facili-
United States Code, to the Committees. than the request level to support operations ties and to accept new research proposals.
The agreement also permits a transfer of and maintenance at GBO through multi- Re-Engineering Plastic Textiles.—NSF is en-
funds from Exploration to Construction. agency plans, or directly through the Foun- couraged to take a comprehensive and co-
Not more than 20 percent or $50,000,000, dation. ordinated approach to support research in
whichever is less, of the amounts made avail- Navigating the New Arctic.—The Committee plastics, microplastics, and microfibers to
able in the current-year CECR appropriation urges NSF to formulate Arctic research pro- address the significant challenges on the
may be applied to CECR projects funded grams leveraging expertise from regions ac- aquatic environment, to human health, and
under previous years’ appropriation acts. Use customed to changing marine ecosystems. in the transport and migration of materials,
of current-year funds under this provision Specifically, NSF is encouraged to consider waste management, and development of al-
shall be treated as a reprogramming of funds the impact of the opening of the two trans- ternative materials.
under section 505 of this Act and shall not be Arctic sea routes and the proximity to deep Coastlines and People.—NSF is encouraged
available for obligation except in compliance U.S. ports. to continue to advance research in coastal
Online Influence.—NSF is encouraged to environmental viability and natural hazards
with the procedures set forth in that section.
consider additional research efforts that will in coastal regions, including the efforts of
NATIONAL SCIENCE FOUNDATION help counter influence from foreign adver- the Coastlines and People program.
The agreement includes $8,486,759,000 for saries on social media platforms designed to Quantum Information Science.—The agree-
the National Science Foundation (NSF). influence U.S. perspectives and undermine ment includes funds up to the request levels
Arecibo Observatory (AO).—The significant confidence in U.S. elections and institutions. for quantum information science research
loss caused by the collapse of the 305–meter To the extent practicable, NSF should en- and from within this amount provides no less
radio telescope at the Arecibo Observatory gage other Federal agencies to help identify than $160,000,000 for activities authorized
in Arecibo, Puerto Rico, is devastating. Dur- areas of research that will provide insight under section 301 of the National Quantum
ing its 57 years in operation, the telescope that can mitigate adversarial online influ- Initiative Act and $50,000,000 for National
was an integral part of U.S. capabilities to ence. Quantum Information Science Research Cen-
advance scientific research and served as an U.S. Neutron Monitor Network.—NSF is di- ters, as authorized in section 302 of that Act.
iconic, beloved site for the residents of Puer- rected to immediately submit the U.S. Neu- Artificial Intelligence (AI).—This agreement
to Rico and the scientific community. With tron Monitor Network plan required under fully funds AI related grants and inter-
this in mind and keeping safety as the num- Senate Report 116–127, as adopted in Public disciplinary research initiatives across NSF
ber one priority, NSF is directed to report to Law 116–93. at up to the fiscal year 2021 request level. In
the Committees within 60 days of enactment Study of Temperate Woodland and Alpine addition, the agreement reiterates House
of this Act on the causes and extent of the Ecosystems and Ecoregions.—NSF is expected language to encourage NSF to continue its
damage, the plan to remove debris in a safe to continue supporting research on unique efforts in workforce development for AI and
and environmentally sound way, the preser- mountain temperate woodland ecosystems other emerging technologies, with focused
vation of the associated AO facilities and and ecoregions, in order to better understand outreach to community colleges, Histori-
surrounding areas, and the process for deter- and sustain the health and vitality of moun- cally Black Colleges and Universities, His-
mining whether to establish comparable tain ecosystems. panic Serving Institutions, Tribal Colleges
technology at the site, along with any asso- Spectrum Innovation Initiative.—The agree- and Universities and other Minority Serving
ciated cost estimates. NSF shall keep the ment supports investments in the Spectrum Institutions.
Committees informed of any other activities Innovation Initiative. Sustainable Chemistry Research.—NSF is en-
related to this facility. Water Contamination Research.—From fiscal couraged to develop and implement a sus-
Innovation Corps.—The agreement includes year 2014 to present, NSF has obligated more tainable chemistry research and develop-
$40,000,000 for the Innovation Corps program. than $30,000,000 to research related to the ment program, as authorized by the America
NSF is encouraged to facilitate greater par- water crisis in Flint, Michigan, or closely re- Competes Reauthorization Act of 2010 (Pub-
ticipation in the program from academic in- lated subjects. NSF is encouraged to con- lic Law 111– 358). Additionally, NSF shall re-
stitutions in States that have not previously tinue multi-institutional, multidisciplinary port to the Committees within 90 days after
received awards. water-related research. the enactment of this Act on its implemen-
Student Diversity and Success Research.— Rules of Life.—The agreement supports tation plan for this program.
The agreement adopts House language re- NSF’s focus on Rules of Life funding of re-
MAJOR RESEARCH EQUIPMENT AND FACILITIES
garding Historically Black Colleges and Uni- search, including in plant genomics, and di-
CONSTRUCTION
versities (HBCU) Student Diversity and Suc- rects NSF to continue to advance the ongo-
ing plant genomics research program, fur- The agreement includes $241,000,000 for
cess Research and expands it to encourage
ther its work in crop-based genomics re- Major Research Equipment and Facilities
NSF to support the listed activities at His-
search, and to maintain a focus on research Construction (MREFC), including funds at
panic Serving Institutions, Alaska Native
related to crops of economic importance. the requested levels for the continued con-
Serving Institutions, Native-Hawaiian Serv-
Verification of the Origins of Rotation in Tor- struction of the Vera C. Rubin Observatory
ing Institutions, and Tribal Colleges and
nadoes Experiment-Southeast (VORTEX–SE).— (previously known as the Large Synoptic
Universities and to direct NSF to include
NSF is encouraged to continue its coopera- Survey Telescope), the Antarctic Infrastruc-
these types of institutions in the required re-
tion with NOAA for the VORTEX-SE field ture Modernization for Science, and the High
port, in addition to HBCUs.
campaign in the southeastern United States. Luminosity-Large Hadron Collider Upgrade.
RESEARCH AND RELATED ACTIVITIES The Government Accountability Office is di-
NSF should look beyond its traditional re-
The agreement includes $6,909,769,000 for search disciplines to utilize programs, co- rected to continue its annual reviews and
Research and Related Activities (R&RA) and funding opportunities, and to utilize collabo- semiannual updates of programs funded
no less than $200,000,000 for EPSCoR. rative research to better understand the fun- within MREFC and shall report to Congress
Within the amount provided for R&RA, the damental natural processes of tornadoes and on the status of large-scale NSF projects and
agreement provides for the Facility Oper- to improve models of these seasonal extreme activities based on its review of this infor-
ation Transition activity at the budget re- events. mation.
quest level, operation of the National Eco- High-Performance Computing Planning.— Mid-scale Research Infrastructure.—The
logical Observatory Network at no less than NSF should invest in additional high-per- agreement includes $76,250,000 for Mid-scale
the fiscal year 2020 level, and the Center for formance computational systems and renew research infrastructure. NSF is encouraged
High Energy X-Ray Science at no less than and adequately resource its commitment to to award at least one mid-scale research in-
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the budget request level. developing and supporting systems that fa- frastructure project led by an institution in
Maintaining Core Research.—NSF shall cilitate tremendous leaps in computational an EPSCoR State.
maintain its core research at levels not less simulation. Infrastructure Planning.—Under 42 U.S.C
than those provided in fiscal year 2020, in- Intense, Ultrafast Lasers.—In 2018, the Na- 1862l, the NSF Director is required to pre-
cluding supporting existing observational tional Academy of Sciences found that the pare, and include as part of the Foundation’s
networks and research infrastructure, in- United States has lost its previous domi- annual budget request to Congress, a plan for
cluding astronomy facilities, the academic nance in high-intensity lasers, which are the proposed construction of, and repair and
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H7948 CONGRESSIONAL RECORD — HOUSE December 21, 2020
upgrades to, national research facilities. Diversity and Inclusion.—NSF is encouraged INTERNATIONAL TRADE COMMISSION
Under 42 U.S.C. 1862n–4, the Director, with to take steps to promote racial and cultural SALARIES AND EXPENSES
the approval of the National Science Board, acceptance and diversity within its work-
The agreement includes $103,000,000 for the
also develops a prioritized list of MREFC force. Within 180 days of enactment of this
projects approved by the Board. The Board International Trade Commission.
Act, NSF is directed to submit a report ana-
found in its 2030 Vision report that: ‘‘Pro- In lieu of direction in the House report, the
lyzing the current racial and cultural make-
viding research infrastructure across the agreement acknowledges concerns that some
up of the Foundation; planned efforts to re-
range of scientific fields and at various regions of the United States that specialize
cruit, retain, and advance applicants and em-
scales will require field-based, agency-based, in seasonal produce may be vulnerable to
ployees critical to promoting greater racial
and interagency planning and execution to competition and unfair trade practices from
and cultural diversity, and the outcomes of
ensure that infrastructure investments are foreign markets.
these efforts; and any additional steps and
complementary and that America’s S&E in- recommendations planned to promote great- LEGAL SERVICES CORPORATION
frastructure is globally competitive.’’ In lieu er racial and cultural acceptance and diver- PAYMENT TO THE LEGAL SERVICES
of House language regarding infrastructure sity throughout the NSF workforce, includ- CORPORATION
planning, NSF and the Board are encouraged ing the development and analysis of metrics The agreement includes $465,000,000 for the
to engage in robust planning for and invest- to evaluate success.
ments in the next generation of world class Legal Services Corporation.
OFFICE OF THE NATIONAL SCIENCE BOARD MARINE MAMMAL COMMISSION
facilities, including any projects rec-
ommended by the upcoming Astrophysics The agreement includes $4,500,000 for the SALARIES AND EXPENSES
decadal survey. National Science Board.
The agreement includes $3,769,000 for the
Buy American Provisions.—NSF is directed OFFICE OF INSPECTOR GENERAL
Marine Mammal Commission.
to follow prior year report language included The agreement includes $17,850,000 for the
in Senate Report 116–127 and adopted by Pub- OFFICE OF THE UNITED STATES TRADE
Office of Inspector General.
lic Law 116–93 regarding Buy American pro- REPRESENTATIVE
ADMINISTRATIVE PROVISIONS
visions related to marine vessels and marine The agreement includes a total of
vessel components. (INCLUDING TRANSFER OF FUNDS)
$70,000,000 for the Office of the U.S. Trade
EDUCATION AND HUMAN RESOURCES The agreement includes two administra- Representative (USTR).
tive provisions. One allows limited transfers The agreement reinforces the frustration
The agreement includes $968,000,000 for
Education and Human Resources, including of funds among accounts. The other requires expressed in the House report concerning
no less than these amounts for the following notification for disposal of certain assets. USTR’s lack of mandatory notification to
programs: $49,500,000 for Louis Stokes Alli- TITLE IV the Committees under section 505 of this Act
ance for Minority Participation; $75,000,000 RELATED AGENCIES and prior year Appropriations Acts con-
for the Advanced Technological Education COMMISSION ON CIVIL RIGHTS cerning the creation of a new office within
program; $36,500,000 for the Historically its organization. Section 505 prohibits both
SALARIES AND EXPENSES
Black Colleges and Universities Under- the creation of a new program, project, or
graduate Program; $16,500,000 for the Tribal The agreement includes $12,500,000 for the activity and the reorganization or renaming
Colleges and Universities Program; Commission on Civil Rights, of which of offices without advance notification to
$62,500,000 for Advancing Informal STEM $500,000 is included for first-year costs to es- the Committees. USTR’s justification that
Learning; $8,000,000 for the Alliance for Grad- tablish the Commission on the Social Status the new office was resource neutral and sim-
uate Education and the Professoriate; of Black Men and Boys. Within 60 days of en- ply a realignment of existing resources is un-
$24,000,000 for Centers for Research Excel- actment of this Act, the Commission shall acceptable as its actions run in direct con-
lence in Science and Technology; and provide the Committees with a detailed travention of section 505 and section 903 of
$18,000,000 for Advancement of Women in spending plan for the funding provided for Title IX of the United States-Mexico-Canada
Academic Science and Engineering Careers. the Commission on the Social Status of Implementation Act (Public Law 116–113).
The agreement does not adopt the proposed Black Men and Boys. In addition, the Com- The agreement further stresses that future
funding reductions for the Improving Under- mission shall include the Commission on the violations will be penalized appropriately.
graduate STEM Education, Robert Noyce Social Status of Black Men and Boys as a
SALARIES AND EXPENSES
Scholarship Program, or the Graduate Re- separate line item in future fiscal year budg-
search Fellowship, and instead includes the et requests. The agreement includes $55,000,000 for the
fiscal year 2020 funding levels for these pro- EQUAL EMPLOYMENT OPPORTUNITY salaries and expenses of USTR. For fiscal
grams. COMMISSION year 2021, USTR is directed to follow prior
Funding in this account is also used to im- year report language, included in Senate Re-
SALARIES AND EXPENSES
plement the Building Blocks of STEM Act port 116–127 and adopted in Public Law 116–
(Public Law. 116–102). The agreement includes $404,490,000 for the 93, on the following topics: ‘‘Trade and Agri-
Hispanic-Serving Institutions (HSIs).—The Equal Employment Opportunity Commission cultural Exports,’’ ‘‘Section 301 Exclusion
agreement includes $46,500,000 for the HSI (EEOC). Process,’’ and ‘‘Travel.’’ In addition, USTR is
program to build capacity at institutions of Summary of Equal Pay Data and Report.—In directed to follow prior year report language
higher education that typically do not re- lieu of House language regarding analyzing regarding ‘‘De Minimis Thresholds’’ included
ceive high levels of NSF funding. summary pay information collected through in the explanatory statement accompanying
CyberCorps: Scholarships for Service.—The the revised EEO–1 form for 2017 and 2018, it is Public Law 116–93.
agreement includes no less than $60,000,000 acknowledged that the EEOC is contracting China Trade Deal Costs.—USTR is directed
for the CyberCorps: Scholarships for Service with the National Academies of Sciences, to provide the Committees, on a biannual
program, of which not less than $7,500,000 Engineering, and Medicine’s Committee on basis, a report documenting the agency’s ob-
should be used to continue work with com- National Statistics to conduct an inde- ligations related to the Bilateral Evaluation
munity colleges that have been designated as pendent assessment of the quality and util- and Dispute Resolution Office created as
a Center of Academic Excellence in Informa- ity of the EEO–1 Component 2 data for fiscal part of the Economic and Trade Agreement
tion Assurance 2-Year Education (CAE2Y) by years 2017 and 2018. The Committees on Ap- Between the United States of America and
the National Security Agency and the De- propriations expect a thorough, transparent the People’s Republic of China, also known
partment of Homeland Security, including review of the data, and look forward to the as the U.S.-China Phase One deal.
through providing scholarships to students results of the study that will be completed in
at CAE2Y institutions who will not transfer TRADE ENFORCEMENT TRUST FUND
December of 2021.
into a 4-year program, such as career-chang- Charge Reporting.—EEOC is directed to re- (INCLUDING TRANSFER OF FUNDS)
ers who possess 4-year degrees and veterans port to the Committees and post on its pub- The agreement includes $15,000,000, which
of the Armed Forces. lic website within 30 days of enactment of is to be derived from the Trade Enforcement
Cybersecurity Research.—In addition to the this Act on the number of A, B, and C Trust Fund, for trade enforcement activities
partnership efforts called for in the House re- charges for each of the last five fiscal years. and transfers authorized by the Trade Facili-
port under this heading, NSF is urged to col- Public Comment on EEOC Guidance.—If re- tation and Trade Enforcement Act of 2015.
laborate with National Initiative for Cyber- quested by at least two Commissioners, the
security Education at NIST on efforts to de- STATE JUSTICE INSTITUTE
EEOC shall make any new guidance avail-
velop cybersecurity skills in the workforce, able for public comment in the Federal Reg- SALARIES AND EXPENSES
especially in support of nontraditional or ister for not less than 30 days prior to taking The agreement includes $7,000,000 for the
technical degree qualifications. any potential action on proposed guidance. State Justice Institute (SJI).
Bioprocessing.—NSF is encouraged to in-
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Nondiscrimination report.—The EEOC, in Fines, Fees, and Bail Practices.—One of SJI’s
clude training in bioprocessing within appro- consultation with OMB and OPM, is directed priority areas of investment for fiscal year
priate research areas as part of their edu- to submit a report within 90 days of enact- 2020 was fines, fees, and bail practices. SJI is
cational efforts. ment of this Act on its efforts to prevent dis- encouraged to continue investing in this
AGENCY OPERATIONS AND AWARD MANAGEMENT crimination in the awarding of Federal area so that State courts can continue tak-
The agreement includes $345,640,000 for grants, cooperative agreements, and other ing a leadership role in reviewing these prac-
Agency Operations and Award Management. assistance. tices.
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