Congressional Record, Vol. 166 — Proceedings and Debates, Washington, Monday, December 21, 2020
Summary
Page H8311 of the House section of the Congressional Record for December 21, 2020, in Book IV of that day's daily edition, volume 166, No. 218. It carries 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. The text covers the introductory definitions of program, project or activity for fiscal year 2021 and the opening of Title I on the Corps of Engineers civil works, followed by table placeholders marked insert offset folio.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, Vol. 166 — Proceedings and Debates, Washington, Monday, December 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-pt4-pgh8311-5c242528d6/
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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 IV
House of Representatives
EXPLANATORY STATEMENT SUB- detailed table are identified in this explana- application are included for any agency
MITTED BY MRS. LOWEY, CHAIR- tory statement. funded in this Act.
WOMAN OF THE HOUSE COM- In fiscal year 2021, for purposes of the Bal- TITLE I—CORPS OF ENGINEERS—CIVIL
anced Budget and Emergency Deficit Control DEPARTMENT OF THE ARMY
MITTEE ON APPROPRIATIONS,
Act of 1985 (Public Law 99–177), the following CORPS OF ENGINEERS—CIVIL
REGARDING THE HOUSE AMEND- information provides the definition of the
MENT TO THE SENATE AMEND- The summary tables included in this title
term ‘‘program, project, or activity’’ for de-
MENT TO H.R. 133, CONSOLI- set forth the dispositions with respect to the
partments and agencies under the jurisdic-
DATED APPROPRIATIONS ACT, individual appropriations, projects, and ac-
tion of the Energy and Water Development
tivities of the Corps of Engineers (Corps).
2021 and Related Agencies Appropriations Act.
Additional items of this Act are discussed
The term ‘‘program, project, or activity’’
The following is an explanation of below.
shall include the most specific level of budg- Advanced Funds Agreements.—Under the ad-
the Consolidated Appropriations Act, et items identified in the Energy and Water vanced funds authority, the Corps is author-
2021. Development and Related Agencies Appro- ized to accept, from a state or political sub-
priations Act, 2021 and the explanatory division thereof, all funds covering both the
DIVISION D—ENERGY AND WATER DEVEL- statement accompanying this Act. federal and non-federal share of total project
OPMENT AND RELATED AGENCIES AP- The agreement reiterates House direction costs required to construct an authorized
PROPRIATIONS ACT, 2021 regarding the Salton Sea, California. water resources development project or sepa-
The following statement to the House of Federal Law Enforcement.—The agreement rable element thereof. Based on the non-fed-
Representatives and the Senate is submitted notes that the explanatory statement ac- eral sponsor’s commitment to provide all
in explanation of the agreed upon Act mak- companying the Commerce, Justice, Science, funds required to construct a project, or sep-
ing appropriations for energy and water de- and Related Agencies Appropriations Act, arable element thereof, the Corps may un-
velopment for the fiscal year ending Sep- 2021 directs the Attorney General to ensure dertake construction of the project prior to
tember 30, 2021, and for other purposes. implementation of evidence-based training a new start determination related to federal
The explanatory statement accompanying programs on de-escalation and the use-of- funding for the project. In light of a non-fed-
this division is approved and indicates con- force, as well as on police-community rela- eral sponsor’s commitment to provide all
gressional intent. Unless otherwise noted, tions, that are broadly applicable and scal- funding required for construction of the
the language set forth in House Report 116– able to all federal law enforcement agencies. project, or separable element thereof, the
449 carries the same weight as the language The agreement further notes that several agreement directs that federal funds should
included in this explanatory statement and agencies funded by this Act employ federal not be provided for such construction. In-
should be complied with unless specifically law enforcement officers and are Federal stead, for such projects, any federal funding
addressed to the contrary in this explana- Law Enforcement Training Centers partner may be provided only after completion of
tory statement. While some language is re- organizations. The agreement directs such construction, as repayment of the federal
peated for emphasis, it is not intended to ne- agencies to consult with the Attorney Gen- share of such construction, from funding pro-
gate the language referred to above unless eral regarding the implementation of these vided for reimbursements or repayments,
expressly provided herein. Additionally, programs for their law enforcement officers. and would be subject to a new start designa-
where this explanatory statement states The agreement further directs such agencies tion. This direction is not intended to apply
that the ‘‘agreement only includes’’ or ‘‘the to brief the Committees on Appropriations of to any project with an advanced funds
following is the only’’ direction, any direc- both Houses of Congress on their efforts re- project partnership agreement that is cur-
tion included in the House report on that lating to such implementation not later than rently under construction.
matter shall be considered as replaced with 90 days after consultation with the Attorney Asian Carp.—The Corps is currently en-
the direction provided within this explana- General. In addition, the agreement directs gaged in a multipronged effort to stop Asian
tory statement. In cases where the House has such agencies, to the extent they are not al- carp from reaching the Great Lakes. The
directed the submission of a report, such re- ready participating, to consult with the At- long-term solution involves the Great Lakes
port is to be submitted to the Committees on torney General and the Director of the FBI and Mississippi River Interbasin Study
Appropriations of both Houses of Congress. regarding participation in the National Use- [GLMRIS], which was authorized by Con-
House reporting requirements with deadlines of-Force Data Collection. The agreement fur- gress under Section 3061(d) of the Water Re-
prior to or within 15 days of the enactment ther directs such agencies to brief the Com- sources Development Act of 2007 (Public Law
of this Act shall be submitted not later than mittees on Appropriations of both Houses of 110–114). Until that project is operational, a
60 days after enactment of this Act. All Congress not later than 90 days after enact- near-term solution is needed to bring the
other reporting deadlines not changed by ment of this Act on their current efforts to Chicago Sanitary Ship Canal (CSSC) Fish
this explanatory statement are to be met. so participate. Barrier online to its full designed capacity.
Funds for the individual programs and ac- No specific funds for rejecting any applica- Per the GLMRIS, the Brandon Road Lock
tivities within the accounts in this Act are tion for a grant available under funds appro- and Dam in Joliet, Illinois, is critical to
displayed in the detailed table at the end of priated by this Act because of the use of the keeping Asian carp out of the Chicago Area
the explanatory statement for this Act. term ‘‘global warming’’, the term ‘‘climate Waterways System, which is the only contin-
Funding levels that are not displayed in the change’’, or the term ‘‘sea level rise’’ in the uous connection between the Great Lakes
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
H8311
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H8312 CONGRESSIONAL RECORD — HOUSE December 21, 2020
and Mississippi River basins. These efforts Trust Fund); the shifting of various studies of the program, savings realized, and lessons
are essential to protecting the Great Lakes and projects between accounts and business learned. The Corps is encouraged to apply ef-
ecosystem and the $7,000,000,000 recreational lines; and the consolidation of certain re- fective approaches and lessons learned under
fishing and $16,000,000,000 boating industries. maining items. The agreement rejects all this program to other areas such as the At-
Last year, the Corps sent Congress an ap- such proposed changes and instead funds all lantic region that could also achieve cost
proved Chief’s Report, which included a posi- activities in the accounts in which funding and schedule savings.
tive recommendation for a plan to build a has traditionally been provided. Unless ex- Reporting Requirement.—The Corps shall
comprehensive suite of measures to counter pressly noted, all projects and studies re- provide to the Committees on Appropria-
Asian carp at the Brandon Road Lock and main at the levels proposed in the budget re- tions of both Houses of Congress a quarterly
Dam, a critical choke point to halt the quest but may be funded in different ac- report that shall include the total budget au-
spread of invasive species in the Illinois counts. In particular: thority and unobligated balances by year for
River. In addition, the existing electric dis- ∑ Projects proposed for funding in the Har- each program, project, or activity, including
persal barrier in the CSSC is presently the bor Maintenance Trust Fund account in the any prior year appropriations. The Assistant
only structural measure to deter Asian carp budget request are funded in the Construc- Secretary of the Army (Civil Works) shall
from reaching Lake Michigan. tion, Mississippi River and Tributaries, and provide to the Committees on Appropria-
As the Corps prioritizes projects, it shall Operation and Maintenance accounts, as ap- tions of both Houses of Congress a quarterly
consider critical projects to prevent the propriate; report that includes the total budget author-
spread of invasive species. The Corps is re- ∑ Dam safety modification studies, pro- ity and unobligated balances by year for
minded that the GLMRIS Brandon Road posed in the Investigations account in the each activity funded in the Office of the As-
project is eligible to compete for additional budget request, are funded in the Dam Safe- sistant Secretary of the Army (Civil Works)
funding within the Investigations account ty and Seepage/Stability Correction Pro- account, including any prior year appropria-
for Pre-construction Engineering and Design gram within the Construction account; tions.
(PED). The agreement notes that the Corps ∑ Sand mitigation projects, proposed in Unmanned Aerial Systems.—As follow-up to
is finalizing an agreement with the State of the Harbor Maintenance Trust Fund account the reporting requirement found in the fiscal
Illinois to be the lead non-federal sponsor of in the budget request, are funded in the Con- year 2019 Senate Report, the Corps shall brief
the project and that the states of Illinois and struction account; the Committees on Appropriations of both
Michigan have provided funding to allow ∑ National Shoreline Management Study Houses of Congress about its findings and
PED to move forward. The Corps shall expe- and Interagency and International Support subsequent actions as it relates to foreign-
ditiously work with the non-federal sponsor activities are not consolidated within the made small Unmanned Aerial Systems
to execute a design agreement. Coordination with Other Water Resource (sUAS). The briefing shall occur not later
The agreement also notes that the Corps Agencies remaining item in Investigations; than 90 days after enactment of this Act and
has invested significant resources in building ∑ Disposition studies will continue to be shall include the following: the total number
and maintaining a permanent electric bar- funded under the remaining item Disposition of sUAS in inventory and operation, includ-
rier on the Chicago waterway system, the of Completed Projects in the Investigations ing a breakdown of those sUAS manufac-
CSSC Fish Barrier. There is concern that the account; tured in or with critical components pro-
administration has not allocated funds to en- ∑ Tribal Partnership Projects will con- duced in the People’s Republic of China; and
able the Corps and the U.S. Coast Guard to tinue to be funded under the Tribal Partner- the plan to source additional sUAS from
complete safety assessments necessary to en- ship Program remaining item in the Con- American manufacturers.
sure that upgrades to the electric barrier are struction account, and these amounts may
operational. The Corps is reminded that this ADDITIONAL FUNDING
be used to cover necessary administrative
project may compete for additional funding expenses prior to agreement execution; The agreement includes funding above the
needed to complete the second electrode ∑ Access to Water Data, Coastal Field budget request to ensure continued improve-
array, which would improve the effectiveness Data Collection, Hydrologic Studies, Remote ments to our national economy, public safe-
of the barrier system and provide oper- Sensing/Geographic Information System ty, and environmental health that result
ational redundancy. A complete CSSC Fish Support, Scientific and Technical Informa- from water resources projects. This funding
Barrier will ensure that the barrier can oper- tion Centers, and Tri-Service CADD/GIS is for additional work that either was not in-
ate at its designed capacity. Technology Center are not consolidated cluded in the budget request or was inad-
The Corps and other federal and state under the new proposed Technology Applica- equately budgeted. The bill contains a provi-
agencies are conducting ongoing research on tion Program in Investigations; sion requiring the Corps to allocate funds in
additional potential Asian carp solutions. ∑ Inspection of Completed Works, Project accordance with only the direction in this
The Corps shall continue to collaborate at Condition Surveys, Scheduling of Reservoir agreement. In lieu of all House and Senate
levels commensurate with previous years Operations and Surveillance of Northern direction—under any heading—regarding ad-
with the U.S. Coast Guard, the U.S. Fish and Boundary Waters will continue to be funded ditional funding, new starts, and the fiscal
Wildlife Service, the State of Illinois, and under States instead of consolidated into a year 2021 work plan, the Corps shall follow
members of the Asian Carp Regional Coordi- national program as requested in the Oper- the direction included in this explanatory
nating Committee, including identifying ation and Maintenance account; statement.
navigation protocols that would be bene- ∑ Inspection of Completed Works will con- The executive branch retains complete dis-
ficial or effective in reducing the risk of ves- tinue to be funded under the individual cretion over project-specific allocation deci-
sels inadvertently carrying aquatic invasive States instead of consolidated into a na- sions within the additional funds provided,
species, including Asian carp, through the tional program as requested in the Mis- subject to only the direction here and under
Brandon Road Lock and Dam in Joliet, Illi- sissippi River and Tributaries; the heading ‘‘Additional Funding’’ or ‘‘Addi-
nois. The Corps is further directed to imple- ∑ Dam Safety and Seepage/Stability Cor- tional Funding for Ongoing Work’’ within
ment navigation protocols shown to be effec- rection Program management costs, pro- each of the Investigations, Construction,
tive at reducing the risk of entrainment posed in the Expenses account in the budget Mississippi River and Tributaries, and Oper-
without jeopardizing the safety of vessels request, are funded in the program within ation and Maintenance accounts. A study or
and crews. the Construction account. project may not be excluded from evaluation
The Corps is directed to provide to the The Poplar Island, Maryland, beneficial for being ‘‘inconsistent with administration
Committees on Appropriations of both use of dredged material project has been re- policy.’’ Voluntary funding in excess of le-
Houses of Congress starting not later than 30 categorized as within the environmental res- gally-required cost shares for studies and
days after enactment of this Act quarterly toration business line as is appropriate and projects is acceptable, but shall not be used
updates on the progress and status of efforts as was the case in previous years. as a criterion for allocating the additional
to prevent the further spread of Asian carp, For any fiscal year, if the Corps proposes funding provided or for the selection of new
including the status of completing the up- budget structure changes, the budget pro- starts.
grades to and testing of the CSSC Fish Bar- posal shall be accompanied by a display of The administration is reminded that these
rier; of the design agreement; of imple- the funding request in the traditional budget funds are in addition to the budget request,
menting the Brandon Road Recommended structure. and administration budget metrics shall not
Plan; the location and density of carp popu- Columbia River Treaty.— House direction re- be a reason to disqualify a study or project
lations; the use of emergency procedures pre- garding the Columbia River Treaty is not in- from being funded. It is expected that all of
viously authorized by the Congress; and the cluded. the additional funding provided will be allo-
development, consideration, and implemen- Inland Waterways System.—The only direc- cated to specific programs, projects, or ac-
tation of new technological and structural tion in the agreement is included in the Con- tivities. The focus of the allocation process
countermeasures, including beneficial navi- struction account. shall favor the obligation, rather than ex-
gational protocols. Regional Dredge Demonstration Program.— penditure, of funds.
Budget Structure Changes.—The fiscal year The Corps shall continue to provide to the The Corps shall evaluate all studies and
2021 budget request for the Corps proposed Committees on Appropriations of both projects only within accounts and categories
numerous structural changes, including the Houses of Congress quarterly briefings on consistent with previous congressional fund-
creation of two new accounts (Harbor Main- the status of the demonstration program, in- ing. When allocating the additional funding
tenance Trust Fund and Inland Waterways cluding regular updates on the effectiveness provided in this Act, the Corps shall consider
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8313
eligibility and implementation decisions purpose project. No funding shall be used to In addition to the priority factors used to
under Public Law 115–123 and Public Law 116– initiate new programs, projects, or activities allocate all additional funding provided in
20 so as to maximize the reduction of risk to in the Operation and Maintenance account. the Investigations account, the Corps should
public safety and infrastructure and the re- The Corps is reminded that public-private give careful consideration to the out-year
duction of future damages from floods and partnership (P3) pilot projects are eligible to budget impacts of the studies selected and to
storms nationwide. compete for new starts in Construction. The whether there appears to be an identifiable
A project or study shall be eligible for ad- Corps shall only allocate up to $500,000 for local sponsor that will be ready and able to
ditional funding within the Investigations, feasibility studies that are being funded in provide, in a timely manner, the necessary
Construction, and Mississippi River and their first year. cost share for the feasibility and PED
Tributaries accounts if: (1) it has received The Corps is directed to propose a single phases. The Corps is reminded that the flood
funding, other than through a reprogram- group of new starts as a part of the work and storm damage reduction mission area
ming, in at least one of the previous three plan. None of the funds may be used for any can include instances where non-federal
fiscal years; (2) it was previously funded and item for which the agreement has specifi- sponsors are seeking assistance with flood
could reach a significant milestone, com- cally denied funding. The Corps may not control and unauthorized discharges from
plete a discrete element of work, or produce change or substitute the new starts selected permitted wastewater treatment facilities
significant outputs in calendar year 2021; or once the work plan has been provided to the and that the navigation mission area in-
(3) as appropriate, it is selected as one of the Committees on Appropriations of both cludes work in remote and subsistence har-
new starts allowed in accordance with this Houses of Congress. Each new start shall be
bor areas. Within the flood and storm dam-
Act and the additional direction provided funded from the appropriate additional fund-
age reduction mission, the Corps is urged to
below. None of the additional funding in any ing line item. Any project for which the new
strive for an appropriate balance between in-
account may be used for any item where start requirements are not met by the end of
land and coastal projects.
funding was specifically denied or for calendar year 2021 shall be treated as if the
projects in the Continuing Authorities Pro- project had not been selected as a new start; In addition to the priority factors used to
gram. Funds shall be allocated consistent such a project shall be required to compete allocate all additional funding provided in
with statutory cost share requirements. again for new start funding in future years. the Construction account, the Corps also
Work Plan.—Not later than 60 days after As all new starts are to be chosen by the shall consider the out-year budget impacts of
enactment of this Act, the Corps shall pro- Corps, all shall be considered of equal impor- the selected new starts, the cost sharing
vide to the Committees on Appropriations of tance, and the expectation is that future sponsor’s ability and willingness to promptly
both Houses of Congress a work plan includ- budget submissions will include appropriate provide the cash contribution, if any, as well
ing the following information: (1) a detailed funding for all new starts selected. as required lands, easements, rights-of-way,
description of the process and criteria used There continues to be confusion regarding relocations, and disposal areas. When consid-
to evaluate studies and projects; (2) delinea- the executive branch’s policies and guide- ering new construction starts, only those
tion of how these funds are to be allocated; lines regarding which studies and projects that can execute a project cost sharing
(3) a summary of the work to be accom- require new start designations. Therefore, agreement not later than December 31, 2021,
plished with each allocation, including phase the Corps is directed to notify the Commit- shall be chosen.
of work and the study or project’s remaining tees on Appropriations of both Houses of
Congress at least seven days prior to execu- To ensure that the new construction starts
cost to complete (excluding Operation and are affordable and will not unduly delay
Maintenance); and (4) a list of all studies and tion of an agreement for construction of any
project except environmental infrastructure completion of any ongoing projects, the Sec-
projects that were considered eligible for retary is required to submit to the Commit-
projects and projects under the Continuing
funding but did not receive funding, includ- tees on Appropriations of both Houses of
Authorities Program. Additionally, the
ing an explanation of whether the study or Congress a realistic out-year budget scenario
agreement reiterates and clarifies previous
project could have used funds in calendar prior to issuing a work allowance for a new
congressional direction as follows. Neither
year 2021 and the specific reasons each study start. It is understood that specific budget
study nor construction activities related to
or project was considered as being less com- decisions are made on an annual basis and
individual projects authorized under section
petitive for an allocation of funds. that this scenario is neither a request for nor
1037 of the Water Resources Reform and De-
New Starts.—The agreement includes nine a guarantee of future funding for any
velopment Act (WRRDA) of 2014 shall require
new starts for investigations (including one project. Nonetheless, this scenario shall in-
a new start or new investment decision;
new study start in the Mississippi River and clude an estimate of annual funding for each
these activities shall be considered ongoing
Tributaries account) and seven new starts in new start utilizing a realistic funding sce-
work. No new start or new investment deci-
the Construction and Mississippi River and nario through completion of the project, as
sion shall be required when moving from fea-
Tributaries accounts to be distributed across well as the specific impacts of that esti-
sibility to PED. The initiation of construc-
the authorized mission areas of the Corps. tion of an individually authorized project mated funding on the ability of the Corps to
Of the new starts in the Investigations ac- make continued progress on each previously
funded within a programmatic line item may
count three shall be for flood and storm dam- not require a new start designation provided funded construction project, including im-
age reductions studies, of which one shall be that some amount of construction funding pacts to the optimum timeline and funding
for a coastal storm damage reduction study; under such programmatic line item was ap- requirements of the ongoing projects, and on
two shall be for navigation studies; two shall propriated and expended during the previous the ability to consider initiating new
be for environmental restoration studies; fiscal year. No new start or new investment projects in the future. The scenario shall as-
and one shall be for a multi-purpose water- decision shall be required to initiate work on sume a Construction account funding level
shed study to assess coastal resiliency. Of a separable element of a project when con- at the average of the past three budget re-
the new construction starts, three shall be struction of one or more separable elements quests.
for navigation projects, one of which shall be of that project was initiated previously; it
for an inland waterways lock and dam mod- shall be considered ongoing work. A new con- INVESTIGATIONS
ernization project, and one of which shall be struction start shall not be required for work
for a small or medium-sized harbor; one shall The agreement includes $153,000,000 for In-
undertaken to correct a design deficiency on
be for an environmental restoration project; vestigations. The agreement includes legisla-
an existing federal project; it shall be consid-
one shall be for an environmental restora- tive language regarding parameters for new
ered ongoing work. The Corps is reminded
tion project or a multi-purpose project; one study starts.
that resumptions are just that—resumption
shall be for a flood and storm damage reduc- of previously-initiated studies or projects The allocation for projects and activities
tion project; and one shall be for a flood and and, as such, do not require new start des- within the Investigations account is shown
storm damage reduction project or a multi- ignations. in the following table:
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H8314 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Insert offset folio 2715/740 here EH21DE20.321
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8315
Insert offset folio 2715/741 here EH21DE20.322
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H8316 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Insert offset folio 2715/742 here EH21DE20.323
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8317
Additional Funding.—The Corps is expected Arkansas River Flooding.—The Corps is di- risk and flooding in areas not protected by
to allocate the additional funding provided rected to evaluate all of its authorities for current Corps projects, where there are sig-
in this account primarily to specific feasi- assessing whether the purchase of additional nificant life and safety concerns. The Corps
bility and PED phases, rather than to Re- flood easements along the Arkansas River in is reminded this study is eligible to compete
maining Items line items as has been the northeast Oklahoma and western Arkansas for additional funding provided in this ac-
case in previous work plans. would significantly reduce the severity and count and the Corps is encouraged to include
Of the additional funding recommended in duration of flood events. The Corps is di- appropriate funding in future budget submis-
this account for environmental restoration rected to brief the Committee not later than sions.
or compliance, the Corps shall allocate not 60 days after enactment of this Act on its Kenai Bluffs Erosion.—The Corps is encour-
less than $6,500,000 for ecosystem restoration findings. The agreement further directs the aged to move as expeditiously as possible to
projects in the PED phase that have been Corps to work with the Federal Emergency PED and urged to include appropriate fund-
funded for PED within the last three years Management Agency on opportunities to im- ing in future budget submissions.
and provide benefits to multiple states. plement such measures. Laurel, Maryland.—The Corps is encour-
Of the additional funding provided in this Bubbly Creek.—There is disappointment aged to continue its partnership with the
account for environmental restoration or that negotiations between the Corps, the En- city of Laurel, Maryland to provide assist-
compliance and other authorized project pur- vironmental Protection Agency, and the De- ance in updating tools needed to develop
poses, the Corps shall allocate not less than partment of Justice over remaining liability flood risk reduction alternatives to assist
$2,340,000 for ecosystem restoration projects concerns have yet to produce an outcome local communities in flood resiliency efforts
that are modifications to flood protection that will allow the project to move forward. along the Patuxent River.
project authorizations to address degraded The parties are urged to expedite efforts to Lower Missouri River Basin.—In the Spring
conditions due to prior flood protection of 2019, the Missouri River Basin experienced
reach a resolution and the agreement reiter-
work. record flooding as result of saturated soils
ates House direction regarding a briefing on
Of the additional funding recommended in and high water levels from unprecedented
these negotiations.
this account for shore protection, the Corps Central & South Florida Project.—The Corps rainfall and snowmelt runoff. This resulted
shall allocate not less than $1,500,000 for the is urged to maintain continued attention to in billions of dollars in damage to homes,
PED phase of beach re-nourishment projects businesses, and levees along the river. In re-
the need of the South Florida economy and
that have been authorized by Congress for sponse to these events, Congress provided re-
environment for a functioning flood control
construction. sources and the Corps included in its work
system.
Of the additional funding provided in this Chacon Creek, Texas.—The Corps is re- plan a new start for a flood risk management
account for flood and storm damage reduc- minded that flood mitigation projects like study, the Lower Missouri Basin Flood Risk
tion, the Corps shall allocate not less than and Resiliency Study, IA, KS, NE and MO.
Chacon Creek in Laredo, Texas, are eligible
$1,500,000 for PED to projects that are lo- Flooding in the Lower Missouri River Basin
to compete for additional funding provided
cated in economically disadvantaged com- continues to increase, proving the need for a
within this account.
munities where the per capita income is less Chicago River.—The Corps is encouraged to more comprehensive, system-wide plan for
than half of the state and national averages work with the City of Chicago River Ecology long-term flood risk reduction. The Corps is
and that have previously experienced loss of urged to work with pertinent state and fed-
and Governance Task Force toward a com-
life due to flooding. eral agencies and stakeholders to identify
prehensive ecosystem restoration solution
Of the additional funding recommended in authorities, resources, and opportunities
for the restoration of the Chicago River.
this account, the Corps shall allocate not Chicago Shoreline.—Concerns persist that available to support such an effort. The
less than $1,100,000 to PED activities for eco- lake levels in the Great Lakes are predicted Corps shall brief the Committees on Appro-
system restoration projects that also provide priations of both Houses of Congress not
to surpass record high levels. The Corps is
additional flood storage capacity by restor- later than 60 day after enactment of this Act
encouraged to reevaluate the conclusions of
ing the natural habitat. on recommendations for development of a
the original feasibility report to assess fed-
Of the additional funding recommended in comprehensive, system-wide plan for the
eral interest in providing additional coastal
this account, not less than $3,500,000 shall be Lower Missouri Basin. This briefing shall in-
protection along the Chicago shoreline.
to continue progress on studies that address clude what resources and additional authori-
Coastal Field Data Collection.— The agree-
coastal resilience identified in the North At- ties would be needed; the challenges and lim-
ment includes an additional $1,000,000 above
lantic Coast Comprehensive Study. itations, including policy and funding con-
the budget request amount of $1,000,000 to
Of the additional funding recommended in cerns; and an overview of the steps that
continue data collection and research on the
this account, not less than $809,000 shall be would be necessary to complete the com-
impact of extreme storms in coastal regions.
to update project economics on the inland prehensive system plan.
The Corps is encouraged to include increased McClellan-Kerr Arkansas River Navigation
waterways system. funding in future budget submissions.
Of the additional funding recommended in System [MKARNS].—There is understanding
Disposition of Completed Projects.—The that this project has capability in fiscal year
this account, not less than $500,000 shall be Corps is directed to provide to the Com-
allocated to studies that would re-evaluate 2021 to update the economic impacts of the
mittee copies of disposition studies upon project. The Corps is reminded that this
options to address eroding shorelines. completion.
When allocating the additional funding project can compete for additional funding
Flood Policy in Urban Areas.—There is con-
provided in this account, the Corps shall con- provided in this account and encouraged to
cern about the delay in receiving the Flood include appropriate funding in future budget
sider giving priority to completing or accel- Policy Within Urban Areas report as re-
erating ongoing studies or to initiating new submissions.
quired by section 1211 of America’s Water In- McMicken Dam, Arizona.—The Corps shall
studies that will enhance the nation’s eco- frastructure Act of 2018 (Public Law 115–270). brief the Committees on Appropriations of
nomic development, job growth, and inter- The Corps shall brief the Committees on Ap- both Houses of Congress not later than 90
national competitiveness; projects located in propriations of both Houses of Congress not days after enactment of this Act on how it
areas that have suffered recent natural dis- later than 45 days after enactment of this considers the value of national security in
asters; are for projects that protect life and Act on the findings of this report. prioritizing and formulating studies and
property; projects to restore floodplain and Great Lakes Coastal Resiliency Study.—The projects.
aquatic habitat through cost-effective and Corps is reminded that the Great Lakes National Historic Landmarks.—The Corps is
tested means; studies with a primary focus Coastal Resiliency study is eligible to com- encouraged to expedite the completion of
on flood risk management within a basin pete for a new start as provided in this Act. flood and storm damage reduction studies re-
that experiences recurring flash flooding; or Great Lakes Mississippi River Interbasin lated to preserving National Historic Land-
projects to address legal requirements. The Study [GLMRIS].—The budget request does marks that are immediately threatened by
Corps shall use these funds for additional not reflect the urgency of moving forward as shoreline erosion, such as the bridge in
work in both the feasibility and PED phases. quickly as possible on interim steps to pre- Selma, Alabama.
The agreement includes sufficient additional vent the upstream movement of Asian carp Natural Infrastructure Options.—The Corps
funding to undertake a significant amount of through the Illinois River toward Lake is directed to engage with state and local
feasibility and PED work. The administra- Michigan. governments and non-profit organizations,
tion is reminded that a project study is not Hartford and East Hartford, Connecticut where appropriate, on projects in diverse ge-
complete until the PED phase is complete Levee Systems.—The Corps is encouraged to ographic areas that incorporate natural in-
and that no new start or new investment de- consider the urgency of this effort when allo- frastructure, and is encouraged to incor-
cision shall be required when moving from cating the additional funding recommended porate such features into projects during the
feasibility to PED. The Corps is reminded in this account. project formulation phase, where appro-
that activities related to innovative mate- Kanawha River Basin Study.—Severe flood- priate and effective.
rials, as required under section 1208 of AWIA ing in the Kanawha River Basin continues to Nome, Alaska.—The Corps is reminded that
2018 are eligible for funding under the Re- be an issue, with a recent flood event in June projects such as the Port of Nome, Alaska,
search and Development remaining item. 2016 claiming 23 lives and damaging over are eligible to compete for additional fund-
The Corps is encouraged to consider studies 4,600 homes. A 2017 report approved by the ing provided in this account.
that investigate the impacts of ship channels Corps recommended a comprehensive flood North Atlantic Coast Focus Area Studies.—
on beach nourishment projects. risk management study to address residual There is significant disappointment that the
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H8318 CONGRESSIONAL RECORD — HOUSE December 21, 2020
administration discontinued funding for sev- water intrusion into the Mississippi Sound Damage Reduction Project) is eligible to
eral ongoing studies to address flood damage and surrounding waters. These consistent compete for additional funding provided in
and loss of life along the Atlantic coastline. freshwater intrusions have been detrimental this account.
In the wake of Hurricane Sandy, the North to the Mississippi Sound and the U.S. blue South Atlantic Coastal Study.—The Corps
Atlantic Coast Comprehensive Study was au- economy. The Corps is encouraged to partner shall consult with industry groups, aca-
thorized to address coastal storm and flood with academia with expertise in coastal demia, and non-governmental organizations
risk to vulnerable populations, property, processes and ocean and hydrodynamic mod- who can provide specialized expertise and co-
ecosystems, and infrastructure, including eling to develop these tools. ordinate appropriate attention and interest
the Baltimore Coastal Storm Risk Manage- Research and Development, Future Work.— in the study’s design and implementation
ment, the Nassau County Back Bays, the The agreement recognizes the value of re- from relevant stakeholders, including coast-
New Jersey Back Bays, the New York-New search topics currently being addressed by al state agencies, local officials, and private
Jersey Harbor and Tributaries, the Delaware the Army Engineer Research and Develop- coastal scientists and engineers. The Corps is
Inland Bays, Delaware Bay Coast focus area ment Center [ERDC]. ERDC and the Corps urged to ensure due consideration of near-
studies. Completion of these focus area stud- have identified a series of critical research shore marine habitat with potential impacts
ies, is critical to determining the best course categories that will advance the efficient im- of coastal flooding and inundation within the
of action to mitigate future damage. The plementation of the Civil Works mission and scope of this study and where possible, en-
Corps is reminded that these studies are eli- provide value to the nation, including by sure the full interoperability of modeling
gible to compete for additional funding pro- leveraging the expertise of universities work and data analysis conducted for this
vided in this account, and the Corps is en- through partnerships. ERDC is directed to study and other inland flood control and
couraged to include appropriate funding for brief the Committees on Appropriations of aquatic ecosystem restoration projects bor-
these studies in future budget submissions. both Houses of Congress not later than 90 dering the study area.
North Atlantic Division Report on Hurricane days after enactment of this Act on future Upper Des Plaines River and Tributaries
Barriers and Harbors of Refuge.—The Corps is research needs, including multi-year funding Project, Illinois and Wisconsin.—The Corps is
directed to brief Committees on Appropria- requirements, and potential university part- urged to cooperate with the non-federal
tions of both Houses of Congress not later nerships related to strategic goals to ad- sponsor as it prepares to advance work on a
than 90 days after enactment of this Act on vance the Civil Works mission. Potential number of flood features under section 204 of
the status and path forward for the North specific topics include, but are not limited the Water Resources Development Act of
Atlantic Division report on hurricane bar- to: increasing resilience through natural in- 1986.
There is also awareness of local concerns
riers and harbors of refuge mandated under frastructure on drought-prone lands; the use
about the impact the proposed Foxconn
Section 1218 of America’s Water Infrastruc- of biopolymers to improve the integrity of
project in Wisconsin may have on flooding in
ture Act of 2018 (Public Law 115–270). earthen structures; forecasting coastal proc-
Planning Assistance to States.—The Corps is communities downriver in Illinois sur-
esses to protect infrastructure; developing
reminded that this program encompasses rounding the Des Plaines River. As the Corps
capabilities to improve the structural integ-
many types of studies and technical assist- re-evaluates the project, it is encouraged to
rity of levees and dams; the opportunities for
ance dealing with a number of water re- take the impacts of the proposed Foxconn
polymer composites to increase the dura-
project into consideration.
source issues, including but not limited to, bility of infrastructure; and the impacts of Upper Mississippi River-Illinois Waterway
sediment management, state water planning, freshwater intrusion into estuaries. System.—There is recognition of the impor-
water distribution, and water supply evalua- Research and Development, Innovative Tech- tance of advancing the Navigation and Eco-
tions. nologies for Resilient Infrastructure.—There is system Sustainability Program (NESP), as
Planning Assistance to States, Vulnerable recognition that research is needed to test authorized in Title VIII of the Water Re-
Coastal Communities.—The Corps is encour- and refine use of rapid, repeatable, and re- sources and Development Act of 2007 (Public
aged to continue building capacity to pro- mote methods for long-term monitoring of Law 110–114), for the Upper Mississippi region
vide this assistance to vulnerable coastal critical water infrastructure. The Corps is and the nation’s economy. Congress has al-
communities, including tribal communities. encouraged to partner with academia to re- ready appropriated more than $66,000,000 in
Puget Sound Nearshore Study.—The Corps is search and manage emerging threats to at- PED funding for this program. The Corps is
encouraged to proceed with the tiered imple- tain resilient flood control structures. reminded that this project is eligible to com-
mentation strategy using all existing au- Research and Development, Modeling.—The pete for additional funding provided in this
thorities as outlined in the Puget Sound recommendation provides $2,000,000 to sup- account.
Nearshore Ecosystem Restoration Project port research into predictive models and Upper Missouri River Basin Flood and
Feasibility Study, Completion Strategy field-based research into geochemical, geo- Drought Monitoring.—To prevent additional
Guidance dated June 2015. The Corps is di- physical, and sedimentological analysis and unnecessary delays to the implementation of
rected to recognize the Puget Sound Near- modeling of diverse field sites on contem- this program, a new remaining item in the
shore Study as the feasibility component for porary and historic time frames. It is under- O&M account titled ‘‘Soil Moisture and
the purposes of section 544 of the Water Re- stood that with continued funding, this ef- Snowpack Monitoring’’ has been created for
sources Development Act of 2000 (Public Law fort will be completed in four years. these activities. The Corps is directed to use
106–541) and is reminded that this study is el- Research and Development, Oyster Reefs.— the funding provided in fiscal year 2020 in the
igible to compete for additional funding pro- The agreement provides $2,220,000 for the Hydrologic Studies remaining item along
vided in this account. Corps to partner with research universities with the additional funding provided in the
Research and Development.—The Corps is to conduct oyster reef restoration research new remaining item in the Operation and
encouraged to engage in monitored field and understand that with continued funding Maintenance account to carry out the activi-
trials of coastal restoration optimized for this effort will be completed in fiscal year ties authorized in section 4003(a) of the
blue carbon CO2 sequestration. The agree- 2022. Water Resources Reform and Development
ment notes that certain machine learning Research and Development—Urban Flood Act of 2014.
and artificial intelligence initiatives are un- Damage Reduction and Stream Restoration in Upper Ohio Navigation System.—There is un-
derway, including the Numerical Modeling Arid Regions.—The agreement includes an ad- derstanding of the importance of the Upper
Modernization and Data25 initiatives, and ditional $3,000,000 in the Research and Devel- Ohio Navigation system and of modernizing
urges the Corps to continue this work. Last- opment remaining item for the Corps’ Flood its facilities. The Corps is encouraged to in-
ly, the Corps is encouraged to collaborate and Coastal Systems R&D Program for Post- clude continued PED work in future budget
with university partners to improve the ca- Wildfire and Debris Flow Urban Flood Dam- requests.
pabilities for improving the integrity and age Reduction in Arid Regions. The tools and Watertown, South Dakota.—The Corps is re-
performance of the nation’s levee systems. technologies developed under this program minded that this study is eligible to compete
Research and Development, Biopolymers.— should also be applicable to other parts of for additional funding provided in this ac-
The agreement notes the importance of the country. The Corps is encouraged to col- count.
earthen infrastructure to support safety, laborate with research partners on these ef- Water Quality and Salinity Impacts on Oyster
flood control, and water distribution systems forts. There is understanding that with con- Reefs.—The Corps is encouraged, when con-
(dams and levees). The agreement notes the tinued funding this effort will be completed ducting or reviewing environmental assess-
value of research into the use of biopolymers in four years. ments or environmental impact statements
to rehabilitate these deteriorating struc- Salton Sea, California.— The Corps is re- for navigation or coastal restoration projects
tures, reduce the costs of rehabilitating and minded that this study is eligible to compete in areas where oyster reefs exist, to consider
maintaining these structures, and increase for a new start as provided in this Act. water quality and salinity impacts on those
resiliency of these structures against poten- San Diego County, California (Formerly reefs and, when appropriate, to mitigate any
tial threats. The agreement includes Encinitas and Solana Beach, California).—In negative impacts.
$4,000,000 for these activities. the project vicinity, eight people have lost Willamette River.—The Corps is directed to
Research and Development, Freshwater Intru- their lives of the past several years due to prioritize environmental restoration for
sion.—The Committee recognizes the need to multiple bluff collapses caused by coastal urban area floodplain and aquatic habitat
develop tools to assess, forecast, and erosion. Therefore, the Corps is reminded through cost effective means, such as fish
proactively manage the hydrodynamic and that this project (formerly known as the passage and culvert replacement. These ef-
environmental impacts of large-scale fresh- Encinitas and Solana Beach Coastal Storm forts should benefit all Columbia River and
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8319
Willamette River salmon and steelhead list- ty-reserved resource to the Pacific North- CONSTRUCTION
ed under the Endangered Species Act (ESA) west Tribal Nations. The agreement includes $2,692,645,000 for
and Pacific Lamprey, which is a culturally, Construction. The agreement includes legis-
and ecologically important species and trea- lative language regarding the Inland Water-
ways Trust Fund.
The allocation for projects and activities
within the Construction account is shown in
the following table:
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H8320 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Insert offset folio 2715/752 here EH21DE20.324
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8321
Insert offset folio 2715/753 here EH21DE20.325
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H8322 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Insert offset folio 2715/754 here EH21DE20.326
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8323
Updated Capability.—The agreement ad- 3. number of jobs created directly and sup- The Corps is reminded that it was directed
justs some project-specific allocations down- ported in the supply chain by the funded ac- to develop metrics for the selection of envi-
ward from the budget request based on up- tivity; ronmental infrastructure projects that re-
dated information. 4. significance to national security, includ- ceive funds and provide a report on such
Additional Funding.—The agreement in- ing the strategic significance of commod- metrics to Congress. The Corps shall brief
cludes additional funds for projects and ac- ities; the Committees on Appropriations of both
tivities to enhance the nation’s economic 5. ability to obligate the funds allocated Houses of Congress not later than 90 days
growth and international competitiveness. within the calendar year, including consider- after enactment of this Act on the status of
Of the additional funding provided in this ation of the ability of the non-federal spon- these efforts. Additionally, the Corps shall
account for environmental restoration or sor to provide any required cost share; include in this briefing: a comprehensive
compliance and other authorized project pur- 6. ability to complete the project, sepa- listing of all authorized environmental infra-
poses, the Corps shall allocate not less than rable element, or project phase with the structure authorities, including total costs;
$25,000,000 for multistate ecosystem restora- funds allocated; a snapshot of all environmental infrastruc-
tion programs for which a comprehensive 7. legal requirements, including respon- ture authorities funded in the last 10 years;
restoration plan is in development or has sibilities to Tribes; and a plan for how the metrics for
been completed, of which not less than 8. for flood and storm damage reduction prioritization of environmental infrastruc-
$5,000,000 shall be for projects or programs projects (including authorized nonstructural ture projects may guide the Corps’ future
that restore and rehabilitate native oyster measures and periodic beach renourish- funding considerations under the program.
reefs. ments), Notwithstanding the direction on new
Of the additional funds provided in this ac- a. population, economic activity, or public starts in the front matter of Title I, the
count for flood and storm damage reduction, infrastructure at risk, as appropriate; Corps may allocate funds to at least one, but
navigation, and other authorized project pur- b. the severity of risk of flooding or the not more than two environmental infrastruc-
poses, the Corps shall allocate not less than frequency with which an area has experi- ture authorities not previously funded,
$35,000,000 to authorized reimbursements for enced flooding; and which may include regional environmental
projects with executed project partnership c. preservation of historically significant infrastructure authorities.
agreements and that have completed con- communities, culture, and heritage; Advanced Measures.—The Corps is encour-
struction or where non-Federal sponsors in- 9. for shore protection projects, projects in aged to fully use the authorities granted to
tend to use the funds for additional water re- areas that have suffered severe beach erosion it under the Advanced Measures program to
source development activities. requiring additional sand placement outside mitigate impacts expected to occur in the
Of the additional funds provided in this ac- of the normal beach renourishment cycle or Great Lakes Basin as a result of record-high
count, the Corps shall allocate not less than in which the normal beach renourishment and near-record-high water levels.
$39,638,000 to projects with riverfront devel- cycle has been delayed, and projects in areas Alternative Delivery.—The Corps is re-
opment components. where there is risk to life and public health minded that Public-Private Partnerships and
Of the additional funding provided in this and safety, and risk of environmental con- projects that utilize a split-delivery ap-
account for navigation and other authorized tamination; proach are eligible for additional funding in
project purposes, the Corps shall allocate not 10. for navigation projects, the number of this account.
less than $59,200,000 to continue activities to jobs or level of economic activity to be sup- Aquatic Plant Control Program.—Of the ad-
construct new navigation infrastructure for ported by completion of the project, sepa- ditional funding provided for the Aquatic
locks not on the inland waterways system rable element, or project phase; Plant Control Program, $15,000,000 shall be
and Corps-owned bridges. 11. for projects cost shared with the Inland for watercraft inspection stations, as author-
Of the additional funding provided in this Waterways Trust Fund (IWTF), the economic ized in section 104 of the River and Harbor
account for flood and storm damage reduc- Act of 1958, equally distributed to carry out
impact on the local, regional, and national
tion and flood control, the Corps shall allo- subsections (d)(1)(A)(i), (d)(1)(A)(ii), and
economy if the project is not funded, as well
cate not less than $29,000,000 to continue con- (d)(1)(A)(iii), and $3,000,000 shall be for re-
as discrete elements of work that can be
struction of projects that principally address lated monitoring. The agreement provides
completed within the funding provided in
drainage in urban areas. $1,000,000 for nationwide research and devel-
Of the additional funding provided in this this line item;
12. for other authorized project purposes opment to address invasive aquatic plants,
account for flood and storm damage reduc- and activities for monitoring, surveys, and
tion and flood control, the Corps shall allo- and environmental restoration or compli-
ance projects, that include the beneficial use control of flowering rush and hydrilla
cate not less than $10,000,000 to additional verticillate and $6,000,000 shall be for nation-
nonstructural flood control projects. of dredged material; and
13. for environmental infrastructure, wide research and development to address
Of the additional funding provided in this invasive aquatic plants, within which the
account, the Corps shall allocate not less projects with the greater economic impact,
projects in rural communities, projects in Corps is encouraged to support cost-shared
than $15,400,000 to hurricane and storm dam- aquatic plant management programs. The
age risk reduction projects in a comprehen- communities with significant shoreline and
instances of runoff, projects in or that ben- agreement also includes House direction, in-
sive plan with authorized environmental res- cluding a briefing, on mechanical harvesting.
toration components. efit counties or parishes with high poverty
rates, projects owed past reimbursements, Barrow Alaska Coastal Erosion.—The flood-
Public Law 115–123 and Public Law 116–20 ing and erosion experienced in Barrow, Alas-
included funding within the Flood Control projects in financially-distressed municipali-
ka presents significant risk to life and safe-
and Coastal Emergencies account to restore ties, projects that improve stormwater cap-
ty, threatens the community’s only drinking
authorized shore protection projects to full ture capabilities, projects that provide
water source, and creates risk from environ-
project profile. That funding is expected to backup raw water supply in the event of an
mental contamination. The Corps is re-
address most of the current year capability. emergency, and projects that will provide
minded this project is eligible to compete for
Therefore, to ensure funding is not directed substantial benefits to water quality im-
additional funding provided in this account
to where it cannot be used, the agreement provements.
and is encouraged to include appropriate
includes $50,204,000 for construction of shore The following is the only direction with re-
funding in future budget submissions.
protection projects. The Corps is reminded gard to the availability of additional funds Beneficial Use of Dredged Material Pilot Pro-
that if additional work can be done, these for IWTF cost-shared projects. The agree- gram.—The agreement reiterates House di-
projects are also eligible to compete for addi- ment provides funds making use of all esti- rection on this topic.
tional funding for flood and storm damage mated annual revenues, which includes a Bird Drive Basin Conveyance, Seepage Collec-
reduction. total appropriation of $113,000,000 from the tion, and Recharge.—The Corps is encouraged
When allocating the additional funding IWTF for ongoing construction projects and to work with the Department of the Interior
provided in this account, the Corps is en- one new IWTF cost-shared project to be and the South Florida Water Management
couraged to evaluate authorized reimburse- started in fiscal year 2021. The Corps shall District to quickly identify a consensus
ments in the same manner as if the projects continue to prioritize ongoing construction project footprint between SW 8th Street and
were being evaluated for new or ongoing con- projects and allocate all funds provided in the C–1W Canal to the south, immediately
struction. The Corps shall not condition the IWTF Revenues line item along with the east of Krome Avenue, to enable Miami-Dade
these funds, or any funds appropriated in statutory cost share from funds provided in County and the Miami-Dade Expressway Au-
this Act, on a non-federal interest paying the Navigation line item prior to allocating thority, or any successor organization, to
more than their required share in any phase the remainder of funds in the Navigation line begin necessary land acquisitions in support
of a project. When allocating the additional item. The agreement rejects the budget re- of the creation of a West Kendall Everglades
funding provided in this account, the Corps quest’s proposal to reform Inland Waterways Buffer and progress towards completing an
shall consider giving priority to the fol- financing by increasing the amount paid by important element of the Central Everglades
lowing: commercial navigation users of inland wa- Restoration Plan.
1. benefits of the funded work to the na- terways. The Corps shall continue to use, as Biscayne Bay Coastal Wetlands Project.—The
tional economy; appropriate, the Inland and Intracoastal Wa- Corps is encouraged to consider all available
2. extent to which the work will enhance terways Twenty-Year Capital Investment opportunities to increase environmental ben-
national, regional, or local economic devel- Strategy dated March 2016, as the applicable efits to the coastal estuarine and glades
opment; 20–year plan. habitats included in the study area.
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H8324 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Camp Ellis Beach, Saco, Maine.—The Corps in a supplemental, and has remaining costs Mud Mountain Dam.—The Corps is encour-
is directed to continue collaborative efforts to be funded from the construction account. aged to uphold the agency’s ESA and Tribal
to address the continued erosion. These funding requirements shall be based treaty responsibilities by completing con-
Caño Martı́n Peña, Puerto Rico.—The agree- on technical construction sequencing and re- struction of the fish passage facility and
ment notes the environmental degradation alistic workflow and shall not be altered to fully implementing the Biological Opinion
and persistent flooding that disadvantages reflect administrative policies and priorities requirements by the end of 2020.
communities abutting the channel, as evi- or any assumed limitation on funding avail- Murrieta Creek.—The non-federal sponsor
denced by Hurricanes Irma and Maria. There able. intends to pursue a section 221 In-Kind Cred-
remains interest in the timely advancement Continuing Authorities Program.—Funding is it Contribution Agreement with the Corps to
of this project given the years of significant provided for nine CAP sections at a total of do the design work to optimize the multi-
planning that have been undertaken and its $69,500,000. The management of CAP shall purpose basin so as to eliminate or reduce
purpose in restoring a critical watershed and continue consistent with direction provided the need for perimeter levees, optimize costs
the natural functioning of the tidal system in previous fiscal years. Not later than 90 and benefits, and facilitate interim uses of
in the San Jose Lagoon and the San Juan days after enactment of this Act, the Corps the property. The Corps is encouraged to
Bay Estuary. There is concern about the lost shall brief the Committee on how the Corps move forward with timely approval of the
opportunities and delays arising due to the prioritizes CAP projects for funding and on agreement. The non-federal sponsor also is
lack of funding to start construction of this program execution. moving forward with the Corps to address
important project. The Corps is encouraged The Corps shall allow for the advancement the outdated information in the Corps’ eco-
to include appropriate funding for this of flood control projects in combination with nomic side-by-side analysis for the project in
project in future budget submissions and to ecological benefits using natural and nature- order to identify the most cost-effective
work with the non-federal sponsor to ad- based solutions alone, or in combination project. The Corps is directed to coordinate
vance the project to the next phase at the with, built infrastructure where appropriate closely with the non-federal sponsor in the
earliest practicable opportunity. The agree- for reliable risk reduction during the devel- economic update in order to have a strong
ment reiterates House direction regarding opment of projects under CAP 205. basis for the development of a decision docu-
briefing requirements. Within the section 1135 CAP authority, and ment that focuses on identifying the remain-
Central Everglades Planning Project to the extent already authorized by law, the ing justified features for construction com-
[CEPP].—The Corps is urged to expedite the Corps is reminded that projects that restore pletion.
required validation reports for PPA North degraded wetland habitat and stream habitat New Buffalo, Michigan.—The agreement re-
and PPA New Water and to begin design and impacted by construction of Corps levees or iterates House direction regarding a briefing
construction of components for PPA South channels, including those with executed Fea- on this issue.
and PPA New Water as soon as practicable sibility Cost Share Agreements, are eligible New Programs Requested in the Budget Pro-
to complement the efforts of the South Flor- to compete for funding. The Corps is re- posal.—The budget request includes a pro-
ida Water Management District. The Ever- minded that projects that restore degraded posal for $250,000,000 for projects carried out
glades Agricultural Area (EAA) Storage Res- wetland habitat and stream habitat im- under section 1043 of the Water Resources
ervoir is considered an element of CEPP, pacted by construction of Corps levees or Reform and Development Act of 2014, ‘‘Non-
consistent with section 1308 of America’s channels, and projects that will divert sig- federal Implementation Pilot Program.’’
Water Infrastructure Act of 2018 (Public Law nificant pollutant nutrient runoff from en- This pilot program was authorized to allow
115–270) which anticipated the EAA Storage tering wetland habitats, are eligible to com- the transfer of federal funds to non-federal
Reservoir to be designed and constructed as pete for funding. interests for them to perform studies and
a component of CEPP, rather than as a dis- The Corps is encouraged to expedite the construct projects. The agreement rejects
crete project. implementation of feasibility studies ap- the idea that the method of project execu-
CERP–Indian River Lagoon-South.—The proved in 2019 under section 206 of the Flood tion should be used to prioritize projects for
Corps is encouraged to move on to the final Control Act of 1958 and reminded that federal funding and provides no funds for
construction of the C–44 Reservoir, and to projects approved in 2019 are eligible to com- such an effort. The Corps is directed to pro-
expedite design work on the C–23 and C–24 pete for funds provided under section 206. vide the briefing required in the fiscal year
Deep Creek Bridge Replacement.—The Corps 2020 Act not later than 45 days after enact-
Reservoirs that, along with the C–44 Res-
is reminded that the ongoing Atlantic Intra- ment of this Act.
ervoir, will serve as crucial elements of the
coastal Waterway bridge replacement Due to ongoing concerns, the Corps shall
Indian River Lagoon-South project to collect
project is eligible to compete for additional notify the Committees on Appropriations of
and clean Lake Okeechobee discharges and
funding provided in this account. both Houses of Congress upon receiving any
basin runoff before excess nutrients are able Duwamish River at South Park, Wash- proposal from a non-federal interest request-
to enter the fragile lagoon ecosystem. ington.—The Corps is urged to continue its ing to utilize the section 1043 authority. The
Chesapeake Bay Comprehensive Water Re-
ongoing work with local stakeholders to de- Corps shall not negotiate or enter into a
sources Restoration Plan and Oyster Recov-
termine appropriate flood risk mitigation project partnership agreement to transfer
ery.—The Corps is reminded that the Chesa-
measures and is reminded that this project is funds to a non-federal interest utilizing this
peake Bay Comprehensive Water Resources
eligible to compete for additional funding authority unless approval is received from
and Restoration Plan and the Chesapeake recommended in CAP section 205. the Committees on Appropriations of both
Bay Oyster Recovery Program are eligible to Gulf Coast Oyster Restoration.—The Corps is Houses of Congress. None of the funds pro-
compete for the additional funding provided encouraged to include appropriate funding in vided in this Act shall be used under this au-
in this account, and the Corps is encouraged future budget submissions. thority for a project where construction has
to provide appropriate funding in future Howard Hanson Dam, Washington.—The been started but not completed. The Corps
budget submissions. Corps is directed to work expeditiously on shall brief the Committees on Appropria-
Construction Funding Schedules.—A com- this project in order to meet the 2030 dead- tions of both Houses of Congress not later
plete and reliable cost estimate with an out- line established in the Biological Opinion. than 45 days after enactment of this Act on
year funding schedule is essential to under- Lake Champlain Watershed.—The Corps is activities carried out under the section 1043
standing current funding and future funding reminded that section 542 of Water Resources pilot program, including the Corps’ imple-
requirements within the Corps’ Construction Development Act of 2000 (Public Law 106–541) mentation guidance and any existing or po-
portfolio. A comprehensive outlook of these as amended, authorizes the Corps to provide tential agreements.
dynamic requirements is necessary for Con- assistance to non-federal interests to address The budget request also includes
gress to consider and balance funding alloca- a range of environmental issues in the Lake $250,000,000 for an Innovative Funding Part-
tions annually, and to assess the long-term Champlain Watershed in Vermont and New nerships Program to be used along with
effects of new investment decisions. There- York. The Corps is further reminded that funds from non-federal interests ‘‘in excess
fore, not later than 90 days after enactment projects in the Lake Champlain Watershed of the sponsor’s statutory cost share require-
of this Act and annually thereafter, the are eligible to compete for additional fund- ments’’ to carry out certain authorized
Chief of Engineers shall submit directly to ing provided in this account. projects. This is a blatant attempt to require
the Committees on Appropriations of both Lakes Marion and Moultrie, South Caro- funding in excess of legally required cost
Houses of Congress, a breakdown, by fiscal lina.—The Corps is reminded that the Lakes share as a criterion for funding decisions,
year, of the full and efficient federal funding Marion and Moultrie regional water supply which is contrary to long-standing congres-
needs for each active construction project in project is eligible to compete for additional sional direction. No funds are provided for
the Corps’ Civil Works program. For each funding provided in this account. this proposal. The agreement notes, however,
project identified, the Corps shall also pro- McClellan-Kerr Arkansas River Navigation that any project that could have received
vide the total project cost with a breakdown System, Arkansas and Oklahoma.—The Com- funding under such a program is eligible to
between the federal and non-federal costs, mittee recognizes the importance of the 12- compete for the additional funding provided
and any applicable authorization ceiling. For foot navigational channel project to the in this account based on the project perform-
the purposes of this report, an active project McClellan-Kerr Arkansas River Navigation ance criteria described in this report.
shall mean any project with an expressed ca- System. The Corps is encouraged to continue New Savannah Bluff Lock and Dam, Georgia
pability in the current or following fiscal working with stakeholders and is reminded and South Carolina.—The agreement reiter-
year, which has received construction ac- that this project is eligible to compete for ates House direction regarding a briefing on
count appropriations, including those funded additional funding provided in this account. this project.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8325
Norfolk Harbor and Channels Deepening, Vir- provides funding for all study and construc- Upper Mississippi River Restoration Program
ginia.—The Corps is reminded that the Nor- tion authorities related to Everglades res- [UMRR], Quincy Bay.—Over the past 70 years,
folk Harbor and Channels Deepening project toration under the line item titled ‘‘South river traffic has led to the environmental
is eligible to compete for funding from the Florida Ecosystem Restoration, Florida.’’ degradation of Quincy Bay, and the Corps in-
additional funds provided in this account and This single line item allows the Corps flexi- cluded funding to start this restoration
eligible to compete for a new construction bility in implementing the numerous activi- project in its budget request. Therefore, the
start provided in this Act. ties underway in any given fiscal year. For Corps is encouraged to include appropriate
Port of Brownsville Deepening Project, fiscal year 2021, the Corps is directed to funding for this project in future budget sub-
Texas.—The Corps is reminded this project is make publicly available a comprehensive missions.
eligible to compete for a new construction snapshot of all SFER cost share accounting
start as provided in this Act. West Sacramento Project.—The Corps is re-
down to the project level and to ensure the minded that this project is eligible to com-
Portsmouth and Piscataqua River, New accuracy of all budget justification sheets
Hampshire.—The Corps is reminded this pete for a new construction start as provided
that inform SFER Integrated Financial Plan in this Act and is encouraged to include ap-
project is eligible to compete for a new con- documents by September 30, 2021.
struction start as provided in this Act. propriate funding for this project in future
Strategic Arctic Port.—The Corps is urged to budget submissions.
Projects in Drought-Stricken Areas.—The
move expeditiously on this project and is re-
Corps is reminded that any authorized Whittier Narrows, California.—The agree-
projects that would alleviate water supply minded that this project is eligible to com-
ment reiterates House direction regarding a
issues in areas that have been afflicted by se- pete for additional funding provided in this
reporting requirement.
vere droughts in the last three fiscal years account, to decrease risks to life and safety
are eligible to compete for additional fund- from the increased traffic in the region, and MISSISSIPPI RIVER AND TRIBUTARIES
ing provided in this account. to provide a port to military assets.
The Dalles Dam, Tribal Housing.—The Corps The agreement includes $380,000,000 for
Salton Sea, California.—The Corps is en-
is encouraged to complete the Village Devel- Mississippi River and Tributaries.
couraged to expeditiously move forward to
carry out section 3032 of Public Law 110–114. opment Plan in consultation with affected The allocation for projects and activities
South Florida Ecosystem Restoration Columbia River tribes and the Bureau of In- within the Mississippi River and Tributaries
(SFER).—As in previous years, the agreement dian Affairs. account is shown in the following table:
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H8326 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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H8328 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Additional Funding.—When allocating the than $1,160,000 for operation and mainte- development projects, improved data collec-
additional funding provided in this account, nance of facilities that are educational or to tion methods, and structural and operation
the Corps shall consider giving priority to continue land management of mitigation modifications to existing projects are crit-
completing or accelerating ongoing work features. ical to better understand changing hydraulic
that will enhance the nation’s economic de- Delta Headwaters Project.—The agreement features and to effectively manage and re-
velopment, job growth, and international recognizes the importance of erosion control spond to future high-water events, and that
competitiveness or are for studies or projects in headwater streams and tributaries, and a study is necessary to fully understand such
located in areas that have suffered recent the environmental, water quality, and sedi- opportunities. Congress acknowledges that
natural disasters. While this funding is ment reduction benefits it provides down- authorized comprehensive studies are eligi-
shown under Remaining Items, the Corps stream. When allocating additional funds ble to compete for additional funding pro-
shall use these funds in investigations, con- recommended in this account, the Corps is vided in the account. Congress expects any
struction, and operation and maintenance, directed to give adequate consideration to studies, updates, and changes to be made
as applicable. This may include work on re- cooperative projects addressing watershed
with the appropriate public involvement.
maining unconstructed features of projects erosion, sedimentation, flooding, and envi-
permitted and authorized by law, in response ronmental degradation. Mississippi River Commission.—No funding is
to recent flood disasters. Additional funding Lower Mississippi River Watershed.—The provided for this new line item. The Corps is
is also provided in this account to initiate a agreement notes negative impacts in the directed to continue funding the costs of the
new feasibility study. Mississippi River system as a result of mul- commission from within the funds provided
When allocating the additional funding tiple high-water events in recent years. The for activities within the Mississippi River
recommended in this account, the Corps Corps shall brief the Committees on Appro- and Tributaries project.
shall allocate not less than $30,000,000 for ad- priations of both Houses of Congress not
ditional flood control construction projects, later than 90 days after enactment of this OPERATION AND MAINTENANCE
of which $15,560,000 shall be for those projects Act on actions taken to manage the river
The agreement includes $3,849,655,000 for
with flood control, water quality, and sedi- over the past three years and any impacts of
Operation and Maintenance.
ment reduction. such actions on ecosystem restoration, navi-
Of the additional funds recommended in gation, flood control, water quality, and oth- The allocation for projects and activities
this account for other authorized project ers. Congress has heard from stakeholders within the Operation and Maintenance ac-
purposes, the Corps shall allocate not less that the construction of new water resources count is shown in the following table:
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8329
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H8330 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8331
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H8332 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8333
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H8334 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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H8336 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8337
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H8338 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8339
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H8340 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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H8342 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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H8348 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8349
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H8350 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Updated Capability.—The agreement ad- Corps is directed to revise the criteria used ience. The agreement reiterates House direc-
justs some project-specific allocations down- for determining which navigation projects tion on a briefing requirement.
ward from the budget request based on up- are funded in order to develop a reasonable The agreement includes $1,000,000 in addi-
dated information regarding the amount of and equitable allocation under this account. tional funding to continue the review of its
work that could be accomplished in fiscal The agreement supports including criteria to inventory as required by section 6002. Addi-
year 2021. evaluate the economic impact that these tional funding is provided to continue to as-
Additional Funding for Ongoing Work.—Of projects provide to local and regional econo- sess the inventory of the structural condi-
the additional funding provided in this ac- mies. tion of federal breakwaters and jetties pro-
count for other authorized project purposes, Aquatic Nuisance Control Research.—Harm- tecting harbors and inland harbors. The
the Corps shall allocate not less than ful Algal Blooms [HABs] continue to threat- Corps shall brief the Committees on how
$2,000,000 for efforts to combat invasive mus- en local communities, ecosystems, human much of this work has been accomplished, a
sels at Corps-owned reservoirs. health, drinking water sources, and local timeline for completion of the inventory and
When allocating the additional funding outdoor economies across the nation. These preliminary cost estimates for federal break-
provided in this account, the Corps shall con- algae overgrowths produce dangerous toxins waters and jetties listed in poor or critical
sider giving priority to the following: in fresh and marine waters that can sicken condition, not later than 60 days after enact-
1. ability to complete ongoing work main- or kill people and animals, create dead ment of this Act.
taining authorized depths and widths of har- zones, and raise treatment costs for drinking Funds are also included to develop new ap-
bors and shipping channels (including small, water. The devastating effects of HABs occur proaches in materials research, mechanical
remote, or subsistence harbors), including across multiple ecoregions from large fresh- engineering, manufacturing that leverages
where contaminated sediments are present; water lakes like Lake Erie in the Great integrated advances in novel computational
2. ability to address critical maintenance Lakes, the Finger Lakes in New York, and materials engineering, atomic-scale mate-
backlog; Lake Okeechobee in Florida, to large inland rials physics, data science, and additive man-
3. presence of the U.S. Coast Guard; waterways like the Ohio River where a 2015 ufacturing to transform the maintenance
4. extent to which the work will enhance event persisted for over a month involving and repair process, including the ability to
national, regional, or local economic devel- over 700 miles of waterway. remotely rehabilitate infrastructure.
opment, including domestic manufacturing The recommendation provides $4,000,000 to Asset Management/FEM, Infrastructure Resil-
capacity; supplement activities related to harmful ience.—The Corps shall brief the Committees
5. extent to which the work will promote algal blooms and directs the Corps to target on Appropriations of both Houses of Con-
job growth or international competitiveness; freshwater ecosystems. The recommendation gress not later than 90 days after enactment
6. number of jobs created directly by the also provides $3,500,000 to supplement activi- of this Act on opportunities to research
funded activity; ties related to harmful algal blooms and di- novel repair and maintenance approaches
7. ability to obligate the funds allocated rects the Corps to work collaboratively with that will increase Civil Works infrastructure
within the calendar year; appropriate university partners to address intelligence and resilience.
8. ability to complete the project, sepa- harmful algal blooms formation, detection, Cape Cod Canal Bridges.—The agreement
rable element, project phase, or useful incre- and remediation to enhance protection of recognizes the urgent need and magnitude of
ment of work within the funds allocated; vital U.S. water resources. There is aware- this project, and encourages the Corps to
9. ability to address hazardous barriers to ness of the need to develop next generation continue supporting the Commonwealth of
navigation due to shallow channels; ecological models to maintain inland and in- Massachusetts in efforts to develop a strat-
10. dredging projects that would provide tracoastal waterways and the agreement egy to replace the bridges based on the find-
supplementary benefits to tributaries and provides $7,325,000 for this purpose. The Corps ings of the March 2020 Cape Cod Canal High-
waterways in close proximity to ongoing is- shall submit to the Committee not later way Bridges Major Rehabilitation Evalua-
land replenishment projects; than 90 days after enactment of this Act a tion Report. The Corps is reminded that this
11. risk of imminent failure or closure of report on these activities. project is eligible to compete for additional
the facility; Not later than 180 days after enactment of funding provided in this account.
12. extent to which the work will promote this Act, the Corps shall develop a com- Central Louisiana Ecosystem Protection and
recreation-based benefits, including those prehensive research plan for addressing the Restoration Task Force.—The Corps is encour-
created by recreational boating; various and abundant HAB-related research aged to establish the Task Force authorized
13. improvements to federal breakwaters needs. Included in this plan shall be a scope by section 7004 of the Water Resources Devel-
and jetties where additional work will im- for each activity identified; the required an- opment Act of 2007 to improve coordination
prove the safety of navigation and stabilize nual funding needs and timeline to complete of ecosystem restoration in the Louisiana
infrastructure to prevent continued deterio- each research activity; how this research Coastal Area.
ration; will provide specific value to the Corps’ mis- Coastal Inlet Research Program.—The agree-
14. for small, remote, and subsistence har- sion; how the Corps will balance needs across ment includes additional funding for the
bors, multiple regions and system types; and what Corps-led, multi-university effort to identify
a. low-use ports with unexpected levels of opportunities will be available to partner engineering frameworks to address coastal
deterioration since their last dredging; and with academia, outside organizations, and resilience needs; to develop adaptive path-
b. projects with public safety concerns; other federal agencies, where appropriate. ways that lead to coastal resilience; that
and Not later than 90 days after enactment of measure the coastal forces that lead to infra-
15. for harbor maintenance activities, this Act, the Corps shall brief the Commit- structure damage and erosion during ex-
a. total tonnage handled; tees on Appropriations of both Houses of treme storm events; and to improve coupling
b. total exports; Congress on the status of this plan. of terrestrial and coastal models. Additional
c. total imports; Additional funding recommended in this funding is also provided for the Corps to con-
d. dollar value of cargo handled; remaining item is to supplement and ad- tinue work with the National Oceanic and
e. energy infrastructure and national secu- vance Corps activities to address HABs and Atmospheric Administration’s National
rity needs served; develop the comprehensive plan. Within Water Center on protecting the Nation’s
f. designation as strategic seaports; these funds, the Corps is encouraged to con- water resources.
g. maintenance of dredge disposal activi- tinue investigating successful methods for Coos Bay, Oregon Jetties.—The Coos Bay
ties; combatting HABs; investigate harmful algal North Jetty is losing 20 feet a year and has
h. lack of alternative means of freight blooms across multiple ecoregions to predict receded more than 750 feet since its construc-
movement; HAB occurrence and toxicity, including in tion and the channel condition is degraded,
i. savings over alternative means of freight riverine ecosystems; identify and develop which is impeding the U.S. Coast Guard’s
movement; and improved strategies for early detection, pre- ability to carry out search and rescue mis-
j. improvements to dredge disposal facili- vention, and management techniques and sions. The Corps is reminded that these
ties that will result in long-term savings, in- procedures to reduce the occurrence and im- much-needed improvements are eligible to
cluding a reduction in regular maintenance. pacts of harmful algal blooms in the nation’s compete for additional funding provided in
Additional funding provided for donor and water resources; facilitate collaboration this account.
energy transfer ports shall be allocated in with university partners to assess the im- Debris Removal.—The Corps reminded that
accordance with 33 U.S.C. 2238c. The Corps is pacts of environmental triggers in riverine ongoing bridge removal projects are eligible
encouraged to include funding for this pro- ecosystems to advance prediction, avoid- to compete for additional funding provided
gram in future budget submissions. The ance, and remediation efforts for harmful in this account. The Corps is also encouraged
Corps is directed to fully execute subsection algal blooms; and improve early warning ca- to consider removing other pilings and ob-
(c) of 33 U.S.C. 2238c not later than 90 days pabilities, which may include the use of structions in close proximity to the bridge,
after enactment of this Act. UAS/drones to detect and monitor HABs. and in or adjacent to the federal navigation
Concerns persist that the administration’s Asset Management/FEM.—The recommenda- channel pursuant to this authority when re-
criteria for navigation maintenance do not tion provides $2,000,000 above the request for moving bridges and bridge pilings.
allow small, remote, or subsistence harbors research on novel approaches to repair and Dredging Operations Technical Support Pro-
and waterways to properly compete for maintenance practices that will increase gram.—Additional funding is included for the
scarce navigation maintenance funds. The civil infrastructure intelligence and resil- further development of the INAV platform
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8351
related to the operation and maintenance of dredging patterns, dredging operations Completed Federal Flood Control Projects
the U.S. Marine Transportation System. trends, and lock operations, including en- remaining item shall be used for the assess-
Emerging Harbor Projects.—The rec- hancements to systems to provide additional ment of high risk federally authorized lev-
ommendation includes funding for individual analytical capabilities and integrates data ees. Within 90 days of enactment of this act,
projects defined as emerging harbor projects across enterprise navigation systems. the Corps shall brief the Committees on the
(in section 210(f)(2) of the Water Resources Inspection of Completed Environmental status of these activities and activities asso-
Development Act (WRDA) of 1986) that ex- Projects.—The Corps shall brief the Commit- ciated with section 3016 of WRRDA, includ-
ceeds the funding levels envisioned in sec- tees on Appropriations of both Houses of ing any additional funding needs identified
tions 210(c)(3) and 210(d)(1)(B)(ii) of WRDA Congress not later than 60 days after of en- to complete and a timeline for implementa-
1986. actment of this Act on the status of funds in tion of the next phase.
Engineering With Nature.— The agreement the program, guidance the Corps provides to Locks and Dams Levels of Service.—There re-
includes $12,500,000 as a new remaining item district offices on how to implement the pro- mains concern about the level of service re-
in this account to support the Corps’ Engi- gram and share lessons-learned from inspec- ductions and proposed level of service reduc-
neering with Nature (EWN) initiative. With tions, and a five-year plan for funding for the tions at locks and dams along our nation’s
the funds recommended, the Corps is encour- program by state. inland waterways and the adverse economic
aged to continue collaboration across re- Invasive Mussels.—The agreement recog- effects this has on impacted communities.
search programs on nature-based infrastruc- nizes that dreissenid mussels, highly The Corps is reminded that remote lock op-
ture. invasive species, threaten water delivery sys- erations at locks and dams in the Ohio River
The agreement provides $5,000,000 to sup- tems and hydroelectric facilities operated by System are eligible to compete for addi-
port ongoing research and advance work the Corps. The Corps shall brief the Commit- tional funding provided in this account.
with university partners to develop stand- tees on Appropriations of both Houses of Mississippi River Basin Coordination.—The
ards, design guidance, and testing protocols Congress not later than 90 days after enact- Corps is urged to participate in and coordi-
to improve and standardize nature-based and ment of this Act on how funds provided to nate as an essential federal stakeholder with
hybrid infrastructure solutions. date have been used for this purpose and a the Environmental Protection Agency on de-
The agreement also provides $5,000,000 for plan for any future needs. veloping a Mississippi River restoration and
research into natural infrastructure options Isle of Shoals North and Cape Arundel resiliency strategy focused on improving
focused on drought, flood-prone lands and Dredged Material Placement Site.—It is under- water quality, restoring habitat and natural
post fire recovery areas in western land- stood that the EPA finalized the designation systems, improving navigation, eliminating
scapes as directed in the House report. The of the new Isles of Shoals North Disposal aquatic invasive species, and building local
Corps is encouraged to leverage academic Site in September 2020, and the Corps is en- resilience to natural disasters.
partners, state and local agencies, and non- couraged to use the new facility for place- Monitoring of Completed Navigation
profit organizations in the southwestern ment of material dredged from southern Projects.—The Corps is directed to continue
United States in this effort. Maine and New Hampshire. research on the impact of reduced lock oper-
Additionally, the Corps is encouraged to Kennebec River Long-Term Maintenance ations on riverine fish at not less than the
expand the EWN initiative to support science Dredging.—There is continued support for fiscal year 2020 level. The goal of the contin-
and engineering practices that support long- Memorandum of Agreement signed in Janu- ued funding is to support the ongoing re-
term resilience and sustainability of water ary 2020 denoting responsibilities between search and, where appropriate, expand the
infrastructure and their supporting systems. the Department of the Army and the Depart- work to look at ecosystem level impacts and
Funding under this line item is intended for ment of the Navy for the regular mainte- additional waterways, lock structures, lock
EWN activities having a national or regional nance of the Kennebec River Federal Naviga- operation methods, and fish species that will
scope or which benefit the Corps’ broader tion Channel. Maintenance dredging of the more fully inform the Corps’ operations.
execution of its mission areas. It is not in- Kennebec is essential to the safe passage of An additional $4,000,000 in funding is pro-
tended to replace or preclude the appropriate newly constructed Navy guided missile de- vided to support the structural health moni-
use of EWN practices at districts using stroyers to the Atlantic Ocean. The Corps is toring program to facilitate research to
project-specific-funding, or work performed directed to continue its collaboration with maximize operations, enhance efficiency,
across other Corps programs that might in- the Department of the Navy to ensure reg- and protect asset life through catastrophic
volve EWN. The Corps is encouraged to iden- ular maintenance dredging of the Kennebec. failure mitigation.
tify EWN efforts in future budget requests. Keystone Lake, Oklahoma.—Northeast Okla- Mount St. Helens Sediment Monitoring.—The
Enhanced Options for Sand Acquisition for homa sees high amounts of rainfall during agreement notes that Mount St. Helens Sedi-
Beach Renourishment Projects.—The Corps is many spring seasons, oftentimes creating ment Monitoring activities have not been
urged to provide states with guidance and flooding concerns for residents and busi- funded in the Corps work plan for the sixth
recommendations to implement cost effec- nesses in this region. This nearly annual oc- consecutive year. Yearly monitoring is vital
tive measures and planning for sand manage- currence is particularly problematic around to ensure that the sediment retention struc-
ment. Keystone Lake. Recreation areas that sup- ture can properly protect the communities
Federal Breakwaters and Jetties.—The Corps port the local economy can see closures in Cowlitz County, Washington. There is
is encouraged to continue progress towards ranging from several days or weeks to the awareness that the lack of federal funding
revising its policy and thresholds related to entire recreation season, and residential has led to local communities funding sedi-
major maintenance and major rehabilitation roads can become impassable. To assist the ment monitoring and encourages the Corps
of federal jetties and breakwaters. The Corps local community and its economy, the Corps to include appropriate funding in future
shall brief the Committees on Appropria- is encouraged to examine modifications that budget submissions for this effort.
tions of both Houses of Congress on this could be made to the management of Key- Multimodal Utilization of Marine Transpor-
topic not later than 90 days after enactment stone Lake that would reduce the frequency tation.—Aging infrastructure poses enormous
of this Act. and severity of flooding events. The Corps is challenges to the Corps mission and ad-
Fish Hatchery Facilities.—The Corps is re- directed to provide a briefing on possible ac- vances in navigation optimization modeling
minded that activities at mitigation fish tions to the Committees on Appropriations tools to integrate rail and road modes of
hatcheries constructed, owned, or operated of both Houses of Congress not later than 60 transit with the marine transportation sys-
by the Corps that are necessary to provide days after enactment of this Act. tem is critical in meeting increased demand.
support conditions suitable to rear and re- Lake Champlain-Gordon’s Breakwater.—The The Corps is encouraged to continue efforts
lease fish needed to meet the Corps’ mitiga- Corps is reminded that the study pursuant to to improve the performance, efficiency, and
tion responsibilities are eligible to compete section 216 of the Flood Control Act of 1970 resilience of the nation’s navigation and
for additional funding provided in this Act. (Public Law 91–611) is eligible to compete for flood risk management system and develop
Great Lakes Navigation System.—The rec- additional funding provided in this account innovative system optimization technologies
ommendation includes funding for individual to address necessary improvements to the for reliable water resources infrastructure.
projects within this System that exceeds the Corps-owned Gordon’s Landing breakwater The Corps shall brief the Committees on Ap-
funding level envisioned in section on Lake Champlain. The Corps is encouraged propriations of both Houses of Congress not
210(d)(1)(B)(ii) of WRDA 1986. to pursue the next phase of the project using later than 90 days after enactment of this
Harmful Algal Bloom and Hypoxia Research applicable authorities. There is awareness Act on these opportunities.
and Control Act.—The agreement reiterates that this structure is important spawning National Coastal Mapping Program.—The
House direction on this topic. habitat for lake trout and the Corps is en- agreement includes $3,800,000 for Arctic
Integrated Navigation Analysis and Systems couraged to consult with the U.S. Fish and coastal mapping needs currently not met by
Enhancements.—The agreement provides ad- Wildlife Service. existing mapping programs due to gaps
ditional funds in the remaining item Dredg- Levee Safety.— In fiscal year 2020, Congress caused when mapping agencies distinguish
ing Data and Lock Performance Monitoring provided $15,000,000 to implement levee safe- between land mapping and water charting.
System and in the remaining item Dredging ty initiatives to meet the requirements The Corps shall use these funds to prioritize,
Operations Technical Support Program to under section 3016 of WRRDA. The Com- coordinate and conduct Arctic coastal map-
continue work laying the foundation for pro- mittee understands these funds are sufficient ping operations, data processing, product de-
totype applications for machine learning to complete Phase II activities. The addi- velopment, and data dissemination, to iden-
techniques as it relates to sedimentation- tional funding provided for the Inspection of tify and meet priorities in the Arctic region.
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H8352 CONGRESSIONAL RECORD — HOUSE December 21, 2020
The Corps is directed to work closely with Scheduling of Reservoir Operations.—The the agreement reiterates the House direction
the Alaska Mapping Executive Committee, Corps shall brief the Committees on Appro- regarding quarterly briefings. Additional
the State of Alaska, and relevant federal priations of both Houses of Congress not funds above the budget request are also in-
agencies to ensure that mapping efforts are later than January 31, 2021, on the progress cluded to address capacity needs related to
coordinated and adhere to the priorities in expending the additional $4,000,000 pro- staffing in Corps districts that handle high a
identified in the Alaska Coastal Mapping vided in the Scheduling of Reservoir Oper- high volume of wetland permitting.
Strategy. Not later than 90 days after enact- ations remaining item in fiscal year 2020 for Compensatory Mitigation Rule.—There is
ment of this Act, the Corps shall brief the a water control manual update. concern that the Corps may not be con-
Committee on the status of these activities Small, Remote, or Subsistence Harbors.—The sistent in its implementation of the 2008
including future anticipated funding needs, agreement emphasizes the importance of en- Compensatory Mitigation Rule, based on the
how the Corps will partner with non-Federal suring that our country’s small and low-use Corps’ publicly available data. There are
stakeholders, and how the Corps will ensure ports remain functional. The Corps is en- concerns that particular districts have failed
adequate competition for any acquisition re- couraged to consider expediting scheduled to adhere to the mitigation hierarchy in the
quirements. maintenance at small and low use ports that Rule as it pertains to the preference for miti-
National Dam Safety Program.—The Corps is have experienced unexpected levels of dete- gation bank credits. The Corps is reminded
directed to brief the Committees on Appro- rioration since their last dredging. that although the Rule provides some discre-
priations of both Houses of Congress as soon Soil Moisture and Snowpack Monitoring Pro- tion, the Rule is clear that this discretion is
as the Independent External Peer Review gram.—The additional funds provided shall be limited and deviations from the mitigation
(IEPR) of risk-informed dam safety practices used along with the $3,000,000 the Corps re- hierarchy must be based on scientific and
is completed. The briefing shall include the programmed to the Hydrologic Studies re- technical analysis. The Corps is directed to
review’s findings, any follow-up actions to maining item on June 2, 2020, in the Inves- properly and consistently implement the
implement those findings planned by the tigations account. Rule, including adherence to its mitigation
Federal agencies, and any potential re- Tennessee-Tombigbee Waterway.—During the hierarchy and documentation of decisions by
sponses to the findings that Congress could height of this shoaling in 2019, more than a the District Engineer regarding which miti-
take. If the IEPR review is not completed by dozen tows were stuck waiting for emer- gation mechanism is appropriate to offset
Dec 31, 2020, the Corps shall brief the Com- gency channel work to restore traffic. Lim- impacts under the Rule and which sections
mittees on the schedule to complete this re- ited availability of emergency funds caused of the Rule justify the particular decision.
view. several weeks of additional delays. The Corps The Corps shall brief the Committees on Ap-
Operation and Maintenance of Corps Dams.— propriations of both Houses of Congress not
is directed to evaluate opportunities to im-
The agreement reiterates House direction. later than one year after the enactment of
Performance Based Budgeting Support Pro- prove operational scenarios that lead to re-
duced interruptions in commerce due to wa- this Act on steps taken to ensure proper and
gram.—Of the funding provided for this re- consistent application of the Rule across dis-
maining item, $2,000,000 shall be to support terborne navigation corridor flooding, other
silting activities, and unplanned lock clo- tricts, consistent with this direction.
performance based methods that enable ro- FORMERLY UTILIZED SITES REMEDIAL ACTION
bust budgeting of the hydropower program sures.
Toledo and Lorain Harbors, Ohio.—The PROGRAM
through better understanding of operation
and maintenance impacts leveraging data Corps is reminded that the Toledo and Lo- The agreement includes $250,000,000 for the
analytics. rain Harbors are eligible to compete for addi- Formerly Utilized Sites Remedial Action
Providence, Rhode Island.—The Corps re- tional funding provided in this account. Program.
minded that the Dredged Material Manage- Water Control Manuals.—Many water con- FLOOD CONTROL AND COASTAL EMERGENCIES
ment Plan for Providence River, Rhode Is- trol manuals are decades old and in need of The agreement includes $35,000,000 for
land, is eligible to compete for additional updating, particularly in light of recent dam Flood Control and Coastal Emergencies. As
funding provided in this account. disasters and improvements in forecast-in- the nation experiences severe weather events
Regional Dredge Contracting.—In accordance formed reservoir operations (FIRO). Last more frequently, there is appreciation for
with section 1111 of the America’s Water In- year, Congress funded the development of a the work the Corps undertakes with this
frastructure Act of 2018 (Public Law 115–270), comprehensive list of water control manuals funding. The agreement notes that tradition-
the Corps is encouraged to enter into re- at Corps-owned projects located in states ally funding for disaster response has been
gional contracts to support increased effi- where a Reclamation project is also located, provided in supplemental appropriations leg-
ciencies in the deployment of dredges for all including a prioritized list of needed updates islation, including recently in 2018 (Public
Civil Works mission sets, prioritizing deep of those manuals. The agreement rec- Law 115–123) and 2019 (Public Law 116–20) and
draft navigational projects. ommends $7,500,000 in additional funds to that amounts necessary to address damages
Regional Sediment Management.—The agree- complete water control manual updates at at Corps projects in response to natural dis-
ment provides $5,000,000 to continue Corps re- projects identified on the list, including in asters can be significant. The Administra-
search and development into enhanced fore- regions impacted by atmospheric rivers and tion is reminded that it has been deficient in
casting capabilities to implement proactive where improved forecasting can improve providing to the Committee statutorily-re-
strategies for flood risk management to en- water operations. If needed, funds shall also quired detailed estimates of damages to
hance the resiliency of coastal communities be used to operationalize a FIRO-compatible Corps projects.
and mitigate socioeconomic and environ- component of the Corps Water Management EXPENSES
mental consequences of extreme coastal haz- System to process ensemble and synthetic
ards. Funds are also provided to support co- forecasts to ensure continuous implementa- The agreement includes $206,000,000 for Ex-
operative efforts between the Corps and aca- tion of improvements in forecast skill for penses.
demia to address compound flooding issues. A properly staffed organizational structure
water operations. The Corps is directed to
Response to Climate Change at Corps is essential for the Corps to efficiently and
brief the Committees on Appropriations of
Projects.—The agreement includes $5,000,000 effectively accomplish the Corps’ Civil
both Houses of Congress prior to executing
to position water resources projects to be Works mission. Additional funds rec-
any water control manual updates.
managed as systems due to the implications ommended in this account shall be used to
Water Operations Technical Support
of a changing climate. support implementation of the Corps’ Civil
(WOTS).—The agreement includes $5,000,000
Salt Cedar.—The Corps is encouraged to Works program, including hiring additional
in addition to the budget request to continue
prioritize funding for projects that will re- FTEs. This includes developing and issuing
research into atmospheric rivers first funded
move non-native plant species like Salt Ce- policy guidance; managing Civil Works pro-
in fiscal year 2015. The Corps is encouraged
dars, replace non-native plant species with gram; and providing national coordination of
to operationalize a Forecast-Informed Res-
native plants, and monitor riparian areas and participation in forums and events with-
ervoir Operations compatible component of
where non-native plant species have been re- in headquarters, the division offices, and
the Corps Water Management System to
moved and replaced. The Corps shall brief meeting other enterprise requirements and
process ensemble and synthetic forecasts to
the Committees on Appropriations of both operating expenses. The Corps is encouraged
ensure continuous implementation of im-
Houses of Congress not later than 180 days to pursue updating the 2011 U.S. Manpower
provements in forecast skill for water oper-
after enactment of this Act detailing its Analysis Agency staffing analysis based on
ations.
work to remove, replace, and monitor to pre- current Civil Works needs. The Administra-
Westport (Saugatuck River), Connecticut.—
vent the spread of non-native plant species tion is urged to include in future budget re-
The Corps is reminded that this project is el-
along riparian areas. quests funding commensurate with these
San Rafael Channel, California.—Lack of igible to compete for additional funding pro-
needs.
dredging is becoming a public safety issue at vided in this account. Deauthorizations and Inventory of Corps
the San Rafael Police and Fire Departments, REGULATORY PROGRAM Projects.—In fiscal years 2019 and 2020, Con-
which are based in the channel and need ac- The agreement includes $210,000,000, for the gress directed the Corps to provide a list of
cess and capacity for bay patrols, rescues, Regulatory Program. all projects that have been deauthorized or
and other public safety activity. The Corps is Additional Funding.—Using additional will be deauthorized in the next two fiscal
reminded that dredging of the San Rafael funds provided in this account the Corps years as a result of section 1302 of the WIIN
Channel is eligible to compete for additional shall ensure the timely processing of shell- Act (Public Law 114–322) and a list of all au-
funding provided in this account. fish aquaculture permitting activities, and thorized Corps studies and projects in each
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8353
state. The Corps has yet to provide either of portant role in improving the nation’s infra- TITLE II—DEPARTMENT OF THE
these requirements. Therefore, the Corps is structure. The Corps is directed to complete INTERIOR
directed to develop and submit to the Com- the administrative actions necessary to CENTRAL UTAH PROJECT
mittees on Appropriations of both Houses of stand up the WIFIA program (the Corps
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
Congress not later than 120 days after the en- Water Infrastructure Financing Program)
actment of this Act the statutorily-required and to provide the financial assistance envi- The agreement includes a total of
deauthorization lists and to brief the Com- sioned in the legislation. The recommenda- $21,000,000 for the Central Utah Project Com-
mittees not later than 30 days after the en- tion makes $2,200,000 available to the Sec- pletion Account, which includes $17,700,000
actment of this Act on the status of these ac- retary for program development, administra- for Central Utah Project construction,
tivities. tion, and oversight, including but not lim- $1,800,000 for transfer to the Utah Reclama-
OFFICE OF THE ASSISTANT SECRETARY OF THE ited to, publishing the final fee and program tion Mitigation and Conservation Account
ARMY FOR CIVIL WORKS rules, criteria for project eligibility and No- for use by the Utah Reclamation Mitigation
tice of Funding Availability, as well as and Conservation Commission, and $1,500,000
(INCLUDING RESCISSION OF FUNDS) for necessary expenses of the Secretary of
issuance of guidance to clarify, as Congress
The agreement includes $5,000,000 for the intended, that an eligible project to reduce the Interior.
Office of the Assistant Secretary of the flood damages, includes measures to prevent BUREAU OF RECLAMATION
Army for Civil Works. The agreement also significant loss of life and property from the
includes a rescission of $500,000 in prior-year In lieu of all House and Senate direction
failure of high hazard dams, and that the fi-
unobligated balances, for a net appropriation regarding additional funding and the fiscal
nancial assistance program authorized in
of $4,500,000. The agreement includes legisla- year 2021 work plan, the agreement includes
WIFIA applies to all non-Federal projects
tive language that restricts the availability direction under the heading ‘‘Additional
and any authorized project that is non-feder-
of funding until the Secretary submits the Funding for Water and Related Resources
ally owned, operated, and maintained. The
required baseline report and a work plan Work’’ in the Water and Related Resources
recommendation includes $12,000,000 for the
that allocates at least 95 percent of the addi- account.
financial assistance authorized by WIFIA.
tional funding provided in each account (i.e., Drought Resiliency.—The agreement rec-
GENERAL PROVISIONS—CORPS OF ENGINEERS— ommends $206,000,000 for the drought resil-
95 percent of additional funding provided in
CIVIL iency programs authorized in the WIIN Act.
Investigations, 95 percent of additional fund-
ing provided in Construction, etc.). This re- (INCLUDING TRANSFER OF FUNDS) There is the belief that a solution to chronic
striction shall not affect the roles and re- droughts is a combination of additional stor-
The agreement includes a provision relat-
sponsibilities established in previous fiscal age, substantial investments in desalination
ing to reprogramming.
years of the Office of the Assistant Secretary and recycling, improved conveyance, and in-
The agreement includes a provision regard-
of the Army for Civil Works, the Corps head- creased efficiencies in the uses of water both
ing the allocation of funds.
quarters, the Corps field operating agencies, for agriculture and potable purposes.
The agreement includes a provision prohib-
or any other executive branch agency. Reclamation is directed to continue work-
iting the use of funds to carry out any con-
A timely and accessible executive branch ing with the U.S. Fish and Wildlife Service,
tract that commits funds beyond the
in the course of fulfilling its constitutional the National Marine Fisheries Service, and
amounts appropriated for that program,
role in the appropriations process is essen- relevant State agencies to undertake com-
project, or activity.
tial. The requesting and receiving of basic, prehensive, around the clock, real-time mon-
The agreement includes a provision con- itoring of water supply conditions and their
factual information, such as budget jus- cerning funding transfers related to fish
tification materials, is vital in order to impact on endangered species during critical
hatcheries. periods in the winter and spring.
maintain a transparent and open governing The agreement includes a provision regard-
process. The agreement recognizes that some Unmanned Aerial Systems.—The agreement
ing certain dredged material disposal activi- acknowledges receipt of the October 2019
discussions internal to the executive branch ties. The Corps is directed to brief the Com-
are pre-decisional in nature and, therefore, memo indicating that the Department of the
mittees on Appropriations of both Houses of Interior (Interior) does not operate any
not subject to disclosure. However, the ac- Congress not later than 90 days after enact-
cess to facts, figures, and statistics that in- small Unmanned Aerial Systems (sUAS) that
ment of this Act on dredged material dis- share data outside the system without spe-
form these decisions are not subject to this posal issues.
same sensitivity and are critical to the budg- cific consent of DOI. However, in January
The agreement includes a provision prohib- 2020, DOI grounded non-emergency UASs due
et process. The administration shall ensure
iting funds for reorganization of the Civil to cybersecurity concerns. Given this devel-
timely and complete responses to these in-
Works program. Nothing in this Act pro- opment, Reclamation shall brief the Com-
quiries.
hibits the Corps from contracting with the mittees on Appropriations of both Houses of
There continues to be concerns about the
National Academy of Sciences to carry out Congress not later than 90 days after enact-
bureaucratic process for renewing leases
the study authorized by section 1102 of the ment of this Act on the total number of
under 10 U.S.C. 2667 and 16 U.S.C. 460d.
America’s Water Infrastructure Act of 2018 sUAS in inventory and operation, including
Therefore, the Secretary is urged to consider
(P.L. 115–270). a breakdown of those sUAS manufactured in
the efficiencies that may be gained by allow-
The agreement includes a provision regard- or with critical components produced in the
ing Corps districts to authorize lease renew-
ing eligibility for additional funding. Wheth- People’s Republic of China. The briefing
als under this section, including lease appli-
er a project is eligible for funding under a shall also include: the justification for the
cations in excess of 25 years.
particular provision of additional funding is January 2020 grounding of all sUAS by the
Administrative Costs.—To support additional
a function of the technical details of the Department, the number of exceptions made
transparency in project costs, the Secretary
project; it is not a policy decision. The Chief for emergency missions, and the plan to
is directed to ensure that future budget sub-
of Engineers is the federal government’s source additional sUAS from American man-
missions specify the amount of anticipated
technical expert responsible for execution of ufacturers.
administrative costs for individual projects.
the Civil Works program and for offering
WATER AND RELATED RESOURCES
WATER INFRASTRUCTURE FINANCE AND professional advice on its development.
INNOVATION PROGRAM Therefore, the provision in this agreement (INCLUDING TRANSFERS OF FUNDS)
The agreement recommends $14,200,000 for clarifies that a project’s eligibility for addi- The agreement provides $1,521,125,000 for
the Water Infrastructure Finance and Inno- tional funding shall be solely the profes- Water and Related Resources.
vation Program, an increase of $14,200,000 sional determination of the Chief of Engi- The agreement includes legislative lan-
above the budget request. neers. guage, in accordance with Public Law 114–
The financial assistance the Secretary is The agreement includes a provision regard- 322, to allow the use of certain funding pro-
authorized to provide pursuant to the Water ing reallocations at a project. vided in fiscal years 2017, 2018, 2019 and 2020.
Infrastructure Finance and Innovation Act The agreement includes a provision ad- The agreement for Water and Related Re-
(Public Law 113–121) [WIFIA] can play an im- dressing new starts. sources is shown in the following table:
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8361
Aamodt Litigation Settlement Act.—The Houses of Congress a report delineating how Reclamation is encouraged to move forward
agreement directs Reclamation to use funds these funds are to be distributed, in which on implementing authorized components of
on hand for this settlement to initiate con- phase the work is to be accomplished, and an the plan.
struction of features necessary to prevent explanation of the criteria and rankings used Drought Contingency Plans.—Reclamation,
additional cost overruns. to justify each allocation. the Department of Interior, and the seven
Additional Funding for Water and Related Reclamation is reminded that the fol- Colorado River Basin states are to be com-
Resources Work.—The agreement includes lowing activities are eligible to compete for mended for completing drought contingency
funds above the budget request for Water and funding under the appropriate heading: ac- plans to conserve water and reduce risks
Related Resources studies, projects, and ac- tivities authorized under Indian Water from ongoing drought for the Upper and
tivities. This funding is for additional work Rights Settlements; aquifer recharging ef- Lower Colorado River basins. The comple-
that either was not included in the budget forts to address the ongoing backlog of re- tion of these plans marks a major milestone
request or was inadequately budgeted. Pri- lated projects; all authorized rural water in protecting a critical water source in the
ority in allocating these funds should be projects, including those with tribal compo- western United States. Reclamation is en-
given to advance and complete ongoing nents, those with non-tribal components, couraged to provide sufficient funding in fu-
work, including preconstruction activities and those with both; conjunctive use ture budget requests for activities that sup-
and where environmental compliance has projects and other projects to maximize port these plans.
been completed; improve water supply reli- groundwater storage and beneficial use; on- Lower Colorado River Operations Program.—
ability; improve water deliveries; enhance going work, including preconstruction ac- Reclamation is reminded that activities
national, regional, or local economic devel- tivities, on projects that provide new or ex- within this program are eligible to compete
opment; promote job growth; advance tribal isting water supplies through additional in- for additional funds provided under ‘‘Water
and nontribal water settlement studies and frastructure; and activities authorized under Conservation and Delivery.’’
activities; or address critical backlog main- section 206 of Public Law 113–235. Reclama- Pick-Sloan Ability-to-Pay.—Concerns persist
tenance and rehabilitation activities. Fund- tion is further reminded that feasibility that more than 30 Pick-Sloan irrigation dis-
ing provided under this heading, ‘‘Additional studies and projects within the Central Val- tricts served by Reclamation may experience
Funding for Ongoing Work’’ may be utilized ley Project Restoration fund, including those significant financial impacts should Rec-
for ongoing work, including preconstruction capable of improving water security from lamation move forward with the proposal to
activities, on projects that provide new or drought and natural disasters, are eligible to change the eligibility requirements for the
program related to user’s ability to pay. Rec-
existing water supplies through additional compete for additional funding provided in
lamation shall review the Pick-Sloan Mis-
infrastructure. this account.
Of the additional funding provided under Airborne Snow Observatory Program.—Rec- souri Basin Program authorizing legislation
the heading ‘‘Water Conservation and Deliv- lamation has historically supported for and brief the Committees on Appropriations
ery,’’ $134,000,000 shall be for water storage snowpack surveys through the Airborne of both Houses of Congress on its findings,
projects as authorized in section 4007 of the Snow Observatory (ASO) program and is en- including the extent to which Congress au-
WIIN Act (Public Law 114–322). couraged to continue support of this impor- thorized relief from operation maintenance,
Of the additional funding recommended tant program. and replacement costs for project use power
under the heading ‘‘Water Conservation and Anadromous Fish Screen Program.—Concerns in that program based on an irrigation dis-
Delivery,’’ not less than $8,000,000 shall be for persist that insufficient resources are being trict’s ability to pay, how that authority has
construction activities related to projects devoted to completing work on the last two been applied over time, and the impacts of
found to be feasible by the Secretary and remaining priority unscreened diversions on the currently proposed changes. For federal
which are ready to initiate for the repair of the Sacramento River, both of which have projects, Reclamation is directed to continue
critical Reclamation canals where oper- been specifically identified as priorities in to consider irrigation district ability to pay
ational conveyance capacity has been seri- the California Natural Resources Agency consistent with the original intent of Con-
ously impaired by factors such as age or land Sacramento Valley Salmon Resiliency Strat- gress and the 1944 Flood Control Act.
Research and Development: Desalination and
subsidence, especially those that would im- egy. Reclamation is reminded that these di-
Water Purification Program.—Of the funding
minently jeopardize Reclamation’s ability to versions are eligible to compete for the addi-
provided for this program, $12,000,000 shall be
meet water delivery obligations. tional funding provided in this account. Ad- for desalination projects as authorized in
Of the additional funding recommended ditionally, Reclamation is encouraged to section 4009(a) of Public Law 114–322. Rec-
under the heading ‘‘Water Conservation and maintain its focus on screening high priority lamation is encouraged to give special con-
Delivery,’’ $40,000,000 shall be for water con- diversions in the San Joaquin River Basin. sideration to drought-prone regions and in
servation and banking or infrastructure Aquifer Recharge.—Reclamation is directed
collaboration with possible partners in the
projects in areas that are experiencing ex- to work closely with project beneficiaries to
Middle East, including Israel.
tended drought conditions; and with priority identify and resolve any barriers to aquifer Rural Water Projects.—Voluntary funding in
for activities related to the implementation recharge projects when appropriate, while excess of legally required cost shares for
of the agreements authorized by the Colo- utilizing full authority to prioritize funds for rural water projects is acceptable, but shall
rado River Drought Contingency Plan Au- ongoing projects through completion. Of the not be used by Reclamation as a criterion for
thorization Act of 2019 (Public Law No. 116– funds provided in this account above the allocating additional funding provided in
14). These water conservation activities shall budget request, $20,000,000 shall be for Aqui- this agreement or for budgeting in future
include well construction and irrigation-re- fer Storage and Recovery projects focused on years.
lated structural or other measures; programs ensuring sustainable water supply and pro- Salton Sea Restoration.—Reclamation is en-
and projects that result in conservation of tecting water quality of aquifers in the couraged to partner with federal, state, and
surface water or groundwater; or improve Great Plains Region with shared or multi- local agencies and coordinate use of all ex-
water system efficiency, resiliency, reli- use aquifers, for municipal, agricultural irri- isting authorities to support the State of
ability, delivery, and conveyance, including gation, industrial, recreation and domestic California’s Salton Sea Management Pro-
canal system improvements. Reclamation is users. gram. Reclamation is reminded that these
directed to brief the Committees on Appro- Buried Metallic Water Pipe.—Reclamation activities are eligible to compete for addi-
priations of both Houses of Congress not shall continue following its temporary de- tional funds provided in this account.
later than 180 days after enactment of this sign guidance. Salton Sea Research Program.—Reclamation
Act on the status of carrying out these ac- CALFED Water Storage Feasibility Studies.— is reminded that activities and projects asso-
tivities. There is recognition that these studies have ciated with habitat improvement, water
Of the additional funding provided under taken more than 15 years and it is expected quality, and system development, projects
the heading ‘‘Environmental Restoration or that Reclamation will take necessary steps with a public health benefit that will benefit
Compliance,’’ not less than $40,000,000 shall to ensure that each of these studies is com- economically disadvantaged communities,
be for activities authorized under sections pleted as soon as possible. Reclamation is di- and projects that take a multi-agency ap-
4001 and 4010 of the WIIN Act (Public Law rected to expeditiously complete financial proach are eligible to compete for additional
114–322) or as set forth in federal-state plans assistance agreements requested by the non- funds provided in this act.
for restoring threatened and endangered fish Federal sponsors of these projects to help San Joaquin River Restoration.—Concerns
species affected by the operation of Reclama- move the projects forward more efficiently. persist that Reclamation’s fiscal year 2021
tion’s water projects. Columbia Basin Project.—The Odessa budget request proposes only $28,300,000 for
Funding associated with each category Groundwater Replacement project, part of the San Joaquin River Restoration Program,
may be allocated to any eligible study or the larger Columbia Basin Project, exists to even though Reclamation’s 2018 Funding-
project, as appropriate, within that cat- address the severely declining Odessa Constrained Framework for Implementation
egory; funding associated with each sub- groundwater aquifer within the Columbia identifies over $643,000,000 in needed program
category may be allocated only to eligible Basin Irrigation Project boundary. The 2013 work through fiscal year 2024. Reclamation
studies or projects, as appropriate, within Odessa Groundwater Replacement Project is encouraged to continue to seek annual
that subcategory. Environmental Impact Statement and funding at recent levels for the program.
Not later than 45 days after enactment of Record of Decision provides the legal and Permanent appropriations, newly available
this Act, Reclamation shall provide to the regulatory framework to implement the for the program in fiscal year 2020 should not
Committees on Appropriations of both Odessa Groundwater Replacement Project. supplant continued annual appropriations.
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H8362 CONGRESSIONAL RECORD — HOUSE December 21, 2020
San Justo Reservoir, California.—Reclama- Yakima River Basin Integrated Water Re- The agreement includes a provision regard-
tion is reminded that the San Justo Res- source Management Plan.—This innovative ing the Cooperative Watershed Management
ervoir Mussel Eradication Project is eligible water management plan represents years of Program.
to compete for the additional funding pro- collaboration in the Yakima River Basin The agreement includes a provision regard-
vided in ‘‘Water Conservation and Delivery.’’ among stakeholders including Reclamation, ing the Reclamation States Emergency
Snow Modeling Data Processing.—Of the ad- the State of Washington, the Yakama Na- Drought Relief Act of 1991.
ditional funding recommended in this ac- tion, irrigators and farmers, conservation or- The agreement includes a provision prohib-
count, $3,000,000 shall be to support Reclama- ganizations, recreationists, and local govern- iting the use of funds in this Act for certain
tion’s efforts to support the U.S. Department ments to address water supply needs for agri- activities.
of Agriculture and National Oceanic and At- culture, fish and wildlife, and municipal use. TITLE III—DEPARTMENT OF ENERGY
mospheric Administration efforts to improve Reclamation is reminded that these activi- The agreement provides $39,625,025,000 for
real-time and derived snow water equivalent ties are eligible to compete for additional the Department of Energy to fund programs
information such that it can be immediately funding provided in this account. in its primary mission areas of science, en-
used for water resources decision-making. CENTRAL VALLEY PROJECT RESTORATION FUND ergy, environment, and national security.
Reclamation is directed to continue and ex- The agreement provides $55,875,000 for the CONGRESSIONAL DIRECTION
pand its partnerships with other Federal Central Valley Project Restoration Fund. The Committees on Appropriations of both
water management agencies on the use of Anadromous Fish Screen Program.—The rec- Houses of Congress count on a timely and ac-
new technologies related to improved direct ommendation includes not less than cessible executive branch in the course of
measurements and derived Reclamation is $1,200,000 for the Anadromous Fish Screen fulfilling its constitutional role in the appro-
encouraged to use innovative techniques for Program, in accordance with the budget re- priations process. Requesting and receiving
the purposes of forecasting timing, duration, quest. There continues to be concern about basic, factual information, including budget
and quantities of snow-fed water supplies to the disconnect between funding levels re- justification materials and responses to in-
provide accurate information on water sup- quested and ultimately allocated for the quiries, is vital in order to ensure trans-
ply levels in the 17 western states, including, Anadromous Fish Screen Program. Reclama- parency and accountability. While some dis-
but not limited to, synthetic aperture radar tion is urged to maintain its focus on screen- cussions internal to the executive branch
and laser altimetry. ing the remaining high priority diversions may be pre-decisional in nature and there-
St. Mary’s Diversion Dam and Conveyance fore not subject to release, the Committees’
from within funds made available under the
Works.—Given the recent drop structure fail- access to the facts, figures, and statistics
Central Valley Project Restoration Fund.
ure and the potential impacts to Reclama- that inform the decisions of the executive
CALIFORNIA BAY-DELTA RESTORATION
tion’s ability to deliver water, Reclamation branch are not subject to those same sen-
is directed to continue working with local (INCLUDING TRANSFERS OF FUNDS)
sitivities. The Committees shall have ready
stakeholders to find innovative ways to The agreement provides $33,000,000 for the and timely access to information from the
maintain and repair this infrastructure with- California Bay-Delta Restoration Program. Department, Federally Funded Research and
out undue impact to water users. POLICY AND ADMINISTRATION Development Centers, and any recipient of
Tualatin Project, Scoggins Dam, Oregon.— The agreement provides $60,000,000 for Pol- funding from this Act. Further, the Commit-
The agreement includes House direction re- icy and Administration. tees appreciate the ability for open and di-
garding finalization of the Joint Project Reclamation Project Reimbursability Deci- rect communication with all recipients of
Contributed Funds Act agreement. Further, sions.—In September 2017, the Department of funding from this Act, and the Department
Reclamation shall brief the Committees on the Interior’s Office of Inspector General re- shall not interfere with such communica-
Appropriations of both Houses of Congress leased a report calling into question the tion.
not later than 60 days after enactment of transparency of Reclamation’s financial par- REPROGRAMMING REQUIREMENTS
this Act on the status of the dam safety ac- ticipation in the State of California’s Bay-
tivities, including a timeline for completion The agreement carries the Department’s
Delta Conservation Plan. Although Reclama- reprogramming authority in statute to en-
and any challenges to addressing the safety tion disputed several findings and rec-
concerns in the most efficient manner. sure that the Department carries out its pro-
ommendations in the report, Reclamation grams consistent with congressional direc-
Water and Energy Efficiency Grants.—Water has taken steps to update its current prac-
and Energy Efficiency Grants are an impor- tion. The Department shall, when possible,
tices and internal guidelines to better align submit consolidated, cumulative notifica-
tant tool for building drought resiliency in with report recommendations. Reclamation
the West. However, there is concern that tions to the Committees on Appropriations
is directed to provide to the Committees on of both Houses of Congress.
many of the Water and Energy Efficiency Appropriations of both Houses of Congress Definition.—A reprogramming includes the
Grants fund projects that may increase not later than 10 days after enactment of reallocation of funds from one program,
water scarcity at the basin scale by allowing this Act, or after finalizing these updates, project, or activity to another within an ap-
conservation grant recipients to use con- written copies of the relevant documents, propriation. For construction projects, a re-
served water for consumptive use. and not later than February 28, 2021, a list of programming constitutes the reallocation of
The agreement directs Reclamation to en-
instances of redirecting appropriated funds funds from one construction project to an-
sure that all projects funded under 42 U.S.C.
from the intended purpose outlined in the other project or a change of $2,000,000 or 10
10364 comply with 42 U.S.C. 10364(a)(3)(B) and
previous year’s budget request. percent, whichever is less, in the scope of an
to articulate the use of the conserved water Concerns remain regarding administrative approved project.
with its annual award announcement. Rec- delays and excessive review times in the
lamation is directed to report to the Com- FINANCIAL REPORTING AND MANAGEMENT
award and implementation of financial as-
mittees on Appropriations of both Houses of The Department is still not in compliance
sistance agreement funding. Reclamation is
Congress not later than September 1, 2021, on with its statutory requirement to submit to
urged to address factors related to these
how much water each activity awarded a Congress, at the time that the President’s
issues, including lags in completing con-
grant in fiscal year 2020 and 2021 anticipated budget request is submitted, a future-years
tracts, in a timely and efficient manner.
the activity would conserve annually and energy program that covers the fiscal year of
ADMINISTRATIVE PROVISION the budget submission and the four suc-
how the grantee was, or would be, using the
conserved water, or was or would be ensuring The agreement includes a provision lim- ceeding years, as directed in the fiscal year
that the conserved water did not go to in- iting Reclamation to purchase not more 2012 Act. In addition, the Department has an
crease consumptive use. than five passenger vehicles for replacement outstanding requirement to submit a plan to
WaterSMART Program.—Reclamation is en- only. become fully compliant with this require-
couraged to prioritize eligible water con- GENERAL PROVISIONS—DEPARTMENT OF THE ment. The Department is directed to provide
servation projects that will provide water INTERIOR these requirements not later than 30 days
supplies to meet the needs of threatened and The agreement includes a provision out- after enactment of this Act.
endangered species. lining the circumstances under which the Concerns persist that the Department is
WaterSMART Program: Title XVI Water Rec- Bureau of Reclamation may reprogram not considering carryover balances during
lamation & Reuse Program.—Of the funding funds. the budget formulation process. The Depart-
provided for this program, $20,000,000 shall be The agreement includes a provision regard- ment is directed to submit, with its budget
for water recycling and reuse projects as au- ing the San Luis Unit and Kesterson Res- submission to the Committees on Appropria-
thorized in section 4009(c) of Public Law 114– ervoir in California. tions of both Houses of Congress, a plan to
322. The agreement includes a provision regard- reduce its carryover balances to applicable
White Mountain Apache Rural Water System ing section 9504(e) of the Omnibus Public thresholds by the end of fiscal year 2021. The
Project.—Reclamation is directed to continue Land Management Act of 2009. Comptroller General of the United States
to work with the White Mountain Apache The agreement includes a provision regard- shall assess the adequacy of the Depart-
Tribe on the White Mountain Apache Rural ing the CALFED Bay-Delta Authorization ment’s plan and its interpretation of the ap-
Water System project, and is reminded that Act. plication thresholds. Further, the Comp-
this project is eligible to compete for the ad- The agreement includes a provision regard- troller General is directed to assess the
ditional funding provided in ‘‘Water Con- ing section 9106(g)(2) of the Omnibus Public methodology by which carryover is cal-
servation and Delivery.’’ Land Management Act of 2009. culated with special attention to contracting
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8363
vehicles and associated funding require- age technologies to meet industry needs, im- tional Institute of Environmental Health
ments. The Comptroller General shall brief prove reliability and environmental perform- Sciences Superfund Research Program, to
the Committees on its findings not later ance of the electricity grid, and reduce use supercomputers to study the computa-
than 60 days after submission of the budget. greenhouse gas emissions. The roadmap shall tional toxicology of PFAS.
Working Capital Fund.—The agreement re- include a focus on the technical, regulatory, DISLOCATED COAL MINERS ASSISTANCE
iterates House direction regarding the Work- and market issues necessary to achieve tech-
The Secretary is directed to coordinate
ing Capital Fund. nology goals, and the implementation plan
with the Secretary of Labor to ensure dis-
Alleviation of Poverty.—In each year since shall include a breakdown of the roles and
located coal miners receive re-employment
fiscal year 2016, the Department has been di- responsibilities of each participating pro-
services they are currently eligible for under
rected to provide a report detailing all do- gram office to ensure coordination among
EERE, OE, FE, NE, and the Office of Science. the Workforce Innovation and Opportunity
mestic and international projects and pro-
Additionally, the roadmap and implementa- Act Programs.
grams within its jurisdiction that contribute
to the alleviation of poverty. The report has tion plan shall include long-duration energy ETHANE LONG TERM TRENDS
not been provided, and the Department is di- storage in all its forms, including chemical, The Secretary, in consultation with the
rected to provide this report not later than electrochemical, thermal, and mechanical, heads of other relevant federal departments
30 days after enactment of this Act. as a critical enabler of high volumes of re- or agencies and stakeholders, as appropriate,
Contract Auditing and Management.—The newables on the grid. The Department is di- is encouraged to conduct not later than one
agreement reiterates House direction to the rected to provide quarterly briefings to the year after enactment of this Act a study as-
Department and the Government Account- Committees on the Energy Storage Grand sessing the long-term trends related to the
ability Office (GAO) regarding the Coopera- Challenge efforts, starting not later than 90 domestic production and consumption of eth-
tive Audit Strategy. In keeping with the De- days after enactment of this Act. The De- ane, the export of ethane, and the opportuni-
partment’s concurrence on GAO’s rec- partment is directed to coordinate efforts ties for and economic benefit of investments
ommendation, the Department is directed to among various existing Department pro- for further domestic use. The study should
track improper payment information in the grams to maximize efficiency of funds and include an examination of the following
Agency Financial Report and include the cu- expand vital research. questions: (i) what is the potential value (di-
mulative amounts of improper payments Critical Minerals.—With respect to the rect investment, direct and indirect job cre-
made in a given year to determine whether newly established Critical Minerals Initia- ation, tax generation, etc.) of domestic man-
the annual total exceeds $100 million. Not tive, the Department is directed to brief the ufacturing growth based on available domes-
later than 120 days after enactment of this Committees on Appropriations of both tic ethane supply; (ii) given demonstrated
Act, the Department shall brief the Commit- Houses of Congress not later than 90 days historical investment in ethane-based do-
tees on Appropriations of both Houses of after enactment of this Act on the funding mestic manufacturing, and assuming it will
Congress on the Department’s plan to imple- profiles, portfolio of funding opportunities, continue given sufficient projected ethane
ment GAO’s recommendation. programmatic investments, and roles and re- supply, what is the opportunity cost of ex-
Congressional Reporting Requirements.— sponsibilities of each participating program porting available ethane supply in support of
Given the Department’s often lengthy delays office. foreign manufacturing; (iii) what is the im-
in meeting its Congressional reporting re- Plastics Innovation Challenge and Revolu- pact of progressive import tariffs (such as
quirements, the Department is directed to tionizing Polymer Upcycling.—The Depart- those imposed by China where value-added
establish a tracking mechanism for all Con- ment is directed to provide to the Commit- goods are tariffed at higher rates than the
gressional reporting requirements, to be led tees on Appropriations of both Houses of raw materials used to make them are
by the Office of the Chief Financial Officer. Congress a report that describes a coordi- tariffed) on ethane, ethylene and poly-
The Department shall brief the Committees nated research plan for activities within ethylene; (iv) could these strategies by other
on Appropriations of both Houses of Con- EERE, the Office of Science, and any other countries, result in capital flight from the
gress not later than 30 days after enactment relevant program office. The research plan U.S. to other countries where U.S. raw mate-
of this Act on this effort. shall include the roles and responsibilities rials will be upgraded to higher value-added
for each program office. The report shall be goods and sold back to America; and (v) have
WORKFORCE DEVELOPMENT AND DIVERSITY
provided not later than 90 days after enact- other countries enacted policies around use
Workforce Development.—The agreement re- ment of this Act and prior to any funds being versus exporting purity ethane.
iterates House direction regarding a report- obligated for these purposes.
ing requirement. Integrated Energy Systems.—The Depart- CONTRACT COMPETITION
Workplace Diversity.—The agreement reit- ment is directed to submit to the Commit- The Comptroller General is directed to as-
erates House direction regarding reporting tees on Appropriations of both Houses of sess aspects of the Department’s and Na-
requirements. Congress not later than 90 days after enact- tional Nuclear Security Administration’s
RESEARCH AND DEVELOPMENT POLICY ment of this Act a report that details a po- (NNSA) acquisition processes. The assess-
tential research agenda of integrated energy ment should include the following issues:
The Department is directed to maintain a
systems activities, including estimated fund- —Competition in recent awards: informa-
diverse portfolio of early-, mid-, and late-
ing levels for those activities and the roles tion on how many companies in recent years
stage research, development, and market
and responsibilities of each participating have bid on and received awards for large
transformation activities in each applied en-
program office. The Department is directed DOE and NNSA contracts, and the extent to
ergy research and development program of-
to coordinate all integrated energy systems which the companies are bidding on multiple
fice. The Department is further directed to
activities across FE, NE, EERE, and any solicitations.
fully execute the funds appropriated in a
other relevant program office. —Barriers to entry: whether there are sys-
timely manner and to keep the Committees
Emissions Reductions.—The Department is temic impediments that affect whether com-
on Appropriations of both Houses of Con-
directed to take into consideration the pro- panies will do business with DOE and NNSA,
gress apprised of progress in implementing
jected reductions in greenhouse gas emis- whether DOE and NNSA are aware of these
funded programs, projects, and activities.
sions when selecting activities and projects impediments, and if so, what the agencies
CROSSCUTTING INITIATIVES for funding within EERE, NE, and FE. have done to address them.
The agreement provides no direction with Arctic Energy Office.—The agreement sup- —Selection criteria: selection criteria DOE
respect to funding amounts for Crosscutting ports the promotion of research, develop- and NNSA have used for their large con-
Initiatives except as explicitly included in ment, and deployment of electric power tracts, how the agencies determine the selec-
this statement. technology that is cost-effective and well- tion criteria to use for a solicitation, and
Grid Modernization.—The agreement suited to meet the needs of rural and remote how the agencies determine the relative pri-
strongly recommends that the Grid Mod- regions of the United States, especially ority of those criteria.
ernization Initiative (GMI) include efforts to where permafrost is present or located near- —Past performance information: how DOE
develop regional predictive models of weath- by. The Department is directed to continue and NNSA use information on past perform-
er-caused power outages in its next Grid the renewed focus on the Arctic region, and ance in making awards, particularly when
Modernization Lab Call and Multi-Year Pro- as a crosscutting activity, use the Arctic En- many large DOE and NNSA contracts are
gram Plan to address this pressing need. ergy Office as a centralized area to support awarded to several companies that come to-
Energy Storage.—The Department is di- the use of energy resources, but also innova- gether to form a single purpose limited li-
rected to submit to the Committees on Ap- tive activities, including microgrids and in- ability company, and how reliable the infor-
propriations of both Houses of Congress not tegrated energy systems. mation in the Contractor Performance As-
later than 180 days after enactment of this Researching effects of Per- and sessment Reporting System is for making
Act and make publicly available a cross- polyfluoroalkyl substances [PFAS].—The agree- determinations about companies’ past per-
cutting research and development roadmap ment recognizes the potential impacts of formance.
and implementation plan to illustrate the PFAS contamination in humans and that The Comptroller General shall provide a
Energy Storage Grand Challenge’s goals supercomputers are critical in this field of briefing to the Committees on Appropria-
through 2030. The roadmap shall be focused research. Therefore, the agreement urges the tions of both Houses of Congress on GAO’s
on reducing costs and improving the per- Department, in coordination with the Envi- plan for addressing these issues not later
formance of a diverse set of grid-scale stor- ronmental Protection Agency and the Na- than 180 days after enactment of the Act.
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H8364 CONGRESSIONAL RECORD — HOUSE December 21, 2020
FREEDOM OF INFORMATION ACT REVIEW mental and industry consortia to pursue job awards to develop Electric Vehicle Commu-
REQUESTS training programs, including programs fo- nity Partner Projects. Further, the Depart-
The Department is directed to provide suf- cused on displaced fossil fuel workers, that ment is directed to submit to the Commit-
ficient funding to increase the number of lead to an industry-recognized credential in tees on Appropriations of both Houses of
classifiers to review document requests sub- the energy workforce. Congress not later than 180 days after the en-
mitted to the Department through the Free- Energy Star.—The Department is directed actment of this Act a plan for establishing
dom of Information Act. to continue ongoing Energy Star activities and implementing a Clean School Bus Grant
in their current form. The Department is re- Program. The plan shall prioritize awards of
ENERGY PROGRAMS funds to school districts serving disadvan-
minded that Public Law 115–141 directed a re-
ENERGY EFFICIENCY AND RENEWABLE ENERGY port to review the 2009 Memorandum of Un- taged communities and those that are lo-
(INCLUDING RESCISSION OF FUNDS) derstanding related to the Energy Star Pro- cated in air quality non-attainment areas
gram on whether the expected efficiencies and include options for contracting, sched-
The agreement provides $2,864,000,293 for
for home appliance products have been ule, and funding that extend resources to the
Energy Efficiency and Renewable Energy. greatest number of school districts and stu-
The agreement also includes a rescission of achieved. This report has not been received,
and the Department has not provided a suffi- dents. Further, the Department is encour-
$2,240,293 of unused, previously appropriated aged to collaborate with the Department of
funds, for a net appropriation of cient update on why the report is delayed.
The Department shall provide a briefing to Transportation and the U.S. Environmental
$2,861,760,000. Direction related to Depart- Protection Agency.
ment-wide crosscutting initiatives is pro- the Committees on Appropriations of both
The agreement provides $10,000,000 to con-
vided under the heading ‘‘Crosscutting Ini- Houses of Congress not later than 30 days
tinue to support improving the energy effi-
tiative’’ in the front matter of ‘‘Department after enactment of this Act on the status of
ciency of commercial off-road vehicles, of
of Energy.’’ the report and is directed to subsequently which up to $5,000,000 is for fluid power sys-
Congressional Direction.—The Department provide the report. tems. The funds shall be awarded through a
is directed to give priority to stewarding the Reduced Emissions Study.—The Department competitive solicitation in which university
assets and optimizing the operations of is directed to conduct a study evaluating po- and industry teams are eligible to apply. The
EERE-designated user facilities across the tential pathways to reducing emissions from agreement further provides $15,000,000 to ad-
Department’s complex. In future budget re- the home and small commercial heating and dress technical barriers to the increased use
quests, the Department is directed to dem- cooling sector through the use of advanced of natural gas vehicles for medium- and
onstrate a commitment to operations and biofuels and biofuels blends, geothermal dis- heavy-duty on-road natural gas engine re-
maintenance of facilities that support the trict heating and cooling system, electric search and development, including energy ef-
Department’s critical missions. heat pumps and low-emission refrigerants. ficiency improvements, emission after-treat-
Research and Development Policy.—The De- The Department is directed to provide this ment technologies, fuel system enhance-
partment is reminded that the research and report to the Committees on Appropriations ments, and new engine development, natural
development (R&D) policy contained in the of both Houses of Congress not later than gas storage natural gas engines, and fueling
front matter of Title III of this report spe- one year after the enactment of this Act. infrastructure optimizations. In Public Law
cifically applies to each program within Zero Emissions Energy Credit.—The fiscal 115–244, the Department was directed to un-
EERE. The Department shall provide the year 2018, 2019, and 2020 Acts required the De- dertake a study on natural gas vehicle de-
Committees on Appropriations of both partment to produce a report to evaluate the ployment in on- and off-road transportation,
Houses of Congress with the specific break- effects of a Zero Emissions Energy Credit. which has not yet been provided. The De-
downs for R&D stages for both funds that are The Department is directed to provide this partment is directed to provide an update on
allocated according to this report and any report to the Committees on Appropriations the status of this study and subsequently
funds that are not allocated by this report of both Houses of Congress not later than 15 provide this study.
days after the enactment of this Act. The agreement further provides $5,000,000
for each program.
SUSTAINABLE TRANSPORTATION for research on direct injection, engine tech-
Renewable Energy Grid Integration.—To fa-
nology, and the use of dimethyl ether as fuel,
cilitate the oversight of grid integration ac- Vehicle Technologies.—Within available and encourages continued research and de-
tivities, the agreement provides $40,000,000 to funds, the agreement includes not less than velopment as appropriate in advanced com-
be provided from across the Solar Energy, $175,000,000 for Battery and Electrification bustion and vehicle engine technology effi-
Wind Energy, Water Power, and Geothermal Technologies, not less than $70,000,000 for Ad- ciency in propane engines used for light and
Technologies programs. Further, within vanced Engine and Fuel Technologies, not medium-duty applications.
available funds, the agreement provides less than $40,000,000 for Materials Tech- Within available funds, $5,000,000 is pro-
$10,000,000 for development and demonstra- nologies, and $66,300,000 for Outreach, De- vided to support research and development
tion of an ‘‘energyshed’’ management system ployment, and Analysis. The agreement pro- on two-stroke opposed piston engines to be
that addresses a discrete geographic area in vides not less than $40,000,000 for electric conducted by industry-led teams. The agree-
which renewable sources currently provide a drive research and development, of which not ment provides $10,000,000 for section 131 of
large portion of electric energy needs, where less than $7,000,000 is to enable extreme fast the 2007 Energy Independence and Security
grid capacity constraints result in curtail- charging and advanced battery analytics. Act for transportation electrification.
ment of renewable generation, and with very Furthermore, the agreement includes not The Department is directed to conduct a
substantial existing deployment of inter- less than $7,000,000 for operations and main- study on how to increase the reuse, recy-
active smart meters. The ‘‘energysheds’’ de- tenance of the National Transportation Re- cling, and manufacturing of electric vehicle
sign should achieve a high level of integra- search Center, including not less than batteries in the United States. The Depart-
tion resilience and reliability among all en- $2,000,000 for early-stage industry technical ment is directed to provide this study to the
ergy uses, including both on-demand and collaborations; $20,000,000 to launch the Committees on Appropriations of both
long-time energy scales, transmission and SuperTruck III program to further improve Houses of Congress not later than 180 days
distribution of electricity. the energy and freight efficiency of heavy after the enactment of this Act.
Cybersecurity.—Within funds recommended and medium duty long- and regional-haul ve- The Department is encouraged to continue
for EERE, not less than $20,000,000 is pro- hicles; and $2,500,000 for EcoCAR 4. outreach and deployment activities of re-
vided to bring cybersecurity into early-stage Within available funds for Advanced En- newable natural gas and natural gas-powered
technology research and development so that gine and Fuel Technologies, $12,500,000 is pro- vehicles.
it is built into new technology. The Department is encouraged to continue
vided for the Co-Optimization of Engine and
efforts to improve cost, performance, and
North American Energy Research.—Within Fuels Multi-Laboratory Consortium.
charging time of plug in vehicles. The De-
available funds, the agreement provides Within available funds for Materials Tech-
partment is directed to provide to the Com-
$10,000,000 for a consortium of universities in nology, $35,000,000 is provided for early-stage
mittees on Appropriations of both Houses of
the United States that has established agree- research on metals and research on carbon Congress not later than 270 days after the en-
ments with universities in Canada and Mex- fiber-reinforced composites at the Carbon actment of this Act a report with rec-
ico to conduct research on a broad array of Fiber Technology Facility. ommendations to enhance domestic manu-
energy sources and topics. Within available funds for Outreach, De- facturing battery technologies to include
Clean Energy Workforce Development.— ployment, and Analysis, the agreement pro- recommendations on reducing the size of ve-
EERE programs are encouraged to allocate vides $40,000,000 for deployment through the hicle batteries and reducing the use of co-
funding to training and workforce develop- Clean Cities Program. The Department is en- balt.
ment programs that assist and support work- couraged to foster broader adoption of clean The agreement recognizes the need for
ers in trades and activities required for the vehicles and installation of supporting infra- clarity regarding the availability, afford-
continued growth of the U.S. energy effi- structure. The Department is encouraged to ability, and reliability of direct current fast
ciency and clean energy sectors, with an em- explore ways in which the Clean Cities Pro- chargers for electric vehicles. The Depart-
phasis on training programs focused on gram can leverage funding to provide greater ment is directed to provide to the Commit-
building retrofit and the construction indus- support for electrification efforts. Within tees on Appropriations of both Houses of
try. The Department is encouraged to con- Outreach, Deployment, and Analysis, but Congress not later than 180 days after the en-
tinue to work with two-year, community and outside of the Clean Cities Program, actment of this Act a report on the tech-
technical colleges, labor, and non-govern- $20,000,000 is for up to five competitive grant nologies and calculation methods that meet
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8365
the tentative code for EV charger metering consider relevant global supply chains and the marketplace in order to serve commu-
and testing published in the National Insti- should be coordinated with other Federal nity solar, and to use national laboratories
tute of Standards and Technology Handbook agencies, the aviation industry, national lab- to collect and disseminate data that assists
44, Section 3.40. oratories, and universities. private entities in the financing of, subscrip-
The Department is encouraged to continue Hydrogen and Fuel Cell Technologies.—With- tion to, and operation of community solar
the Programs for Energy Efficient Mobility in available funds, the agreement provides projects.
Systems, Batteries, Charging, & Electric Ve- $25,000,000 for Fuel Cell Technologies, Within available funds for Manufacturing
hicles, and Technology Integration. These $70,000,000 for Hydrogen Technologies, and and Competitiveness the agreement provides
investments, which include initiatives in $35,000,000 for Systems Development and In- $20,000,000 for research and development fo-
SMART Mobility and Big Data Solutions for tegration. The agreement recommends not cused on perovskites, including inherently
Mobility, are critical to expanding U.S. en- less than $45,000,000 for technologies to ad- scalable production methods, such as solu-
ergy security, economic vitality, and quality vance hydrogen use for heavy-duty transpor- tion processing, roll-to-roll manufacturing,
of life. Therefore, the agreement supports tation and industrial applications. the science of inherent material stability,
continued funding for research that allows Within available funds for Systems Devel- and ultra-high efficiency through tandem
the U.S. to continue its leadership in advanc- opment and Integration, the agreement pro- manufacturing. Additionally, the agreement
ing state-of-the-art transportation systems vides $3,000,000 for manufacturing research provides $20,000,000 for research and develop-
science and technology. The Department is and development; up to $10,000,000 for manu- ment focused on cadmium telluride based
encouraged to conduct early stage research facturing research development with a focus solar cell technologies. The Department is
to lower the cost of batteries for electric ve- on fuel cell stack manufacturing cost reduc- directed to provide a briefing to the Commit-
hicles, including research on extreme fast tion; $7,000,000 for industry-led efforts to tees on Appropriations of both Houses of
charging. demonstrate a hydrogen-focused integrated Congress not later than 120 days after the en-
With an abundant source of low-cost do- renewable energy production, storage, trans- actment of this Act on its efforts to work co-
mestic natural gas, this resource as a trans- portation fuel distribution and retailing sys- operatively with industry, university, and
portation fuel is becoming an alternative tem, and fuel cell system development; and laboratory partners and efforts to develop
fuel of choice for high fuel use fleets and off- $3,000,000 for research on in-situ metrology strategies and technologies to support the
road vehicles and provides a substantial re- for process control systems for manufac- continued evolution and success of cadmium
duction in nitrogen oxide emissions. Further turing of key hydrogen system components. telluride based solar cell technologies. The
research is needed on natural gas storage, The Department is encouraged to engage briefing shall include an outline of a re-
engines, and fueling infrastructure optimiza- with industry on codes and standards for de- search roadmap to demonstrate how this do-
tion. veloping fuel cell and hydrogen markets such mestic industry can remain competitive
Bioenergy Technology.—Within available as heavy-duty trucks. The Department is globally while ensuring that cadmium tellu-
funds, the agreement provides not less than also encouraged to continue coordination be- ride is produced as part of a robust American
$40,000,000 for Feedstock Technologies, not tween U.S. and international standard bodies supply chain and include how funds provided
less than $40,000,000 for Advanced Algal Sys- to ensure there is one set of open (non-pro- in fiscal year 2020 were used for cadmium tel-
tems, $110,000,000 for Conversion Tech- prietary) global standards for fuel cell and luride technologies.
nologies, $50,000,000 for System Development hydrogen technologies. Within available funds, the agreement pro-
and Integration, and $9,500,000 for Data, Mod- Within available funds, $15,000,000 is pro- vides $1,500,000 for competitively selected
eling, and Analysis. The Department is di- vided for high temperature electrolysis re- projects focused on floating solar powered
rected to recognize all commercially avail- search and development and to cost share aeration systems.
able feedstock in their research projects. the Office of Nuclear Energy hydrogen dem- In coordination with the Offices of Solar
Within funds for Feedstock Technologies, onstration activities. Energy Technologies, Strategic Program,
$5,000,000 is provided for upgrades at the Bio- The agreement provides not less than Wind Energy Technologies, and Electricity,
mass Feedstock National User Facility. $80,000,000 for these H2@Scale activities. the Department is directed to provide to the
Within available funds for Advanced Algal The Department shall continue research on Committees on Appropriations of both
Systems, $10,000,000 is provided to continue novel onboard hydrogen tank systems, as Houses of Congress not later than 240 days
research and development activities to sup- well as trailer delivery systems to reduce after the enactment of this Act a report ex-
port carbon dioxide capture from the atmos- cost of delivered hydrogen. Further, the De- ploring the impact of alternative rate design
phere into highly alkaline solutions using partment is directed to support research and options in scenarios with high penetrations
algae-to-energy technologies. The Depart- development activities that reduce the use of of variable renewable energy.
ment is directed to continue collaboration platinum group metals, provide improve- The Department is encouraged to develop
with the Office of Science and the Office of ments in electrodes and membranes and bal- modeling and planning tools for distributed
Fossil Energy in this area. ance-of-plant components and systems. energy resources and continue its focus with-
Within available funds for Conversion The Department is encouraged to conduct in SunShot on the resilience and reliability
Technologies, $20,000,000 is provided to con- regular consultation with industry to avoid of solar systems, as well as continue and ex-
tinue activities of the Agile Biology Found- duplication of private-sector activities and pand programs to reduce both market bar-
ry. The Department is directed to continue ensure retention of fuel cell technology and riers and soft costs, including through re-
efforts to make full and innovative use of systems development in the United States. search on market and regulatory analysis
biomass, municipally derived biosolids, and The Secretary is encouraged to work with and new techno-economic tools and meth-
other carbon already available and impact- the Department of Transportation and indus- odologies for distributed energy resources.
ing the environment, such as municipal solid try on coordinating efforts to deploy hydro- The Department is encouraged to continue
waste, plastics, and livestock waste. The gen fueling infrastructure. work to improve co-siting of solar
agreement provides $5,000,000 to demonstrate photovoltaics with ecosystem restoration ac-
RENEWABLE ENERGY
the use of and improve the efficiency of com- tivities and to reduce the environmental im-
munity-scale digesters. Solar Energy.—The agreement provides not pact of solar photovoltaics.
Within available funds for System Devel- less than $60,000,000 for Concentrating Solar The Department is encouraged to develop
opment and Integration, $37,500,000 is pro- Power, not less than $72,000,000 for Photo- programs that support a skilled, robust, and
vided to support the multiyear strategy for voltaic Technologies, $46,500,000 for Systems diverse solar energy workforce, including in-
pre-pilot, and demonstration projects. Integration, $35,000,000 for Balance of Sys- direct solar workers in jobs related to fi-
Within available funds, not less than tems Soft Cost Reduction, and not less than nancing and permitting.
$12,500,000 is recommended for the Co-Opti- $60,000,000 for Manufacturing and Competi- The Department is encouraged to continue
mization of Engine and Fuels Multi-Labora- tiveness. research and development of solar power
tory Consortium. Within available funds for Concentrating technologies and the potential for expansion
Within available funds, $5,000,000 is pro- Solar Power, $5,000,000 is provided for a dem- across the rural landscape. Programs such as
vided to develop and test new domestic man- onstration on advanced thermal desalination the Community Solar Power Choice Program
ufactured low-emission, high efficiency, resi- technologies. may offer pathways to achieve both greater
dential wood heaters, and $10,000,000 is pro- Within available funds for Balance of Sys- energy independence and support for rural
vided to perform research and development tems Soft Costs, $5,000,000 is for the National communities. Therefore, further research is
to advance the deployment of conversion Community Solar Partnership program. The required to determine best methods to im-
processes to advance the supply of renewable Department is directed to align the National prove generation and access to markets
natural gas as a clean fuel option. Community Solar Partnership Program with through transmission and distribution while
The agreement reiterates House direction other existing federal programs that serve incentivizing landowner economic participa-
regarding continued research on carbon stor- low-income communities. The Department is tion. In addition, the Department is encour-
age in forest lands. further directed to provide technical assist- aged to consult with the Department of Agri-
The Department is encouraged to focus on ance to states and local and tribal govern- culture to examine opportunities for collabo-
defining and meeting technical targets that ments for projects to increase community ration toward this shared objective.
reduce cost of sustainable aviation fuels solar, including assistance in the develop- Wind Energy.—The agreement provides
through the conversion of low-cost waste ment of new and innovative financial and $31,800,000 for Land-Based Wind, $63,200,000
carbon as feedstocks. These efforts should business models that leverage competition in for Off-Shore Wind, $10,000,000 for Distributed
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H8366 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Wind, and $5,000,000 for Grid Integration and opment initiatives and project deployment. hanced Geothermal Systems, $20,000,000 for
Analysis. The Committee recognizes the challenges of Hydrothermal Resources, $15,000,000 for Low
Within available funds, the agreement in- decarbonizing remote communities and the Temperature and Coproduced Resources, and
cludes $1,000,000 for the Wind for Schools maritime sector. The Department is encour- $6,000,000 for Data, Modeling, and Analysis.
Program, and $15,000,000 to continue work on aged to focus on activities addressing the in- The agreement provides $10,000,000 for the
the next generation, high-efficiency light- tegration of clean energy systems for remote Wells of Opportunity Program.
weight turbine generators. communities and port electrification, includ- Within available funds, $10,000,000 is pro-
The Department is directed to support the ing the demonstration of marine, distributed vided to fund at least one demonstration
advancement of innovative technologies for wind, solar, energy storage, improved project in an area with no obvious surface
offshore wind development including fresh- microgrids, and local production of zero-car- expression. The Department is further di-
water, deep water, shallow water, and transi- bon fuels. rected to fund at least one demonstration of
tional depth installations. Further, the Within funding for marine and geothermal technologies for innovative dis-
agreement recommends not less than hydrokinetic technologies, $60,000,000 is for a tribution of heat through ground-source
$30,000,000 for the Department to prioritize balanced portfolio of competitive solicita- heating and cooling of district heating.
early-stage research on materials and manu- tions to support industry- and university-led ENERGY EFFICIENCY
facturing methods and advanced components research, development, demonstrations and
that will enable accessing high quality wind commercialization of wave and current Advanced Manufacturing.—The agreement
resources, on research and development that (ocean, river, tidal) systems and component provides $25,000,000 for the Energy-Water De-
will enable these technologies to compete in technologies to increase energy capture, reli- salination Hub, $25,000,000 for the Critical
the marketplace without the need for sub- ability, survivability, and integration into Materials Institute, and $25,000,000 for the
sidies, and on activities that will accelerate local or regional grids for lower costs and to Manufacturing Demonstration Facility
fundamental offshore specific research and assess and monitor environmental effects. (MDF) and the Carbon Fiber Technology Fa-
development such as those that target tech- The Department is encouraged to consider cility. Within available funds for MDF,
nology and deployment challenges unique to the need to create a pipeline of well-trained $5,000,000 is provided for the development of
U.S. waters. students when determining competitive so- processes for hybrid materials solutions with
The Department is directed to provide to licitations. prescribed microstructural and mechanical
the Committees on Appropriations of both The agreement recommends not more than properties to enable precise property profiles
Houses of Congress not later than 180 days $10,000,000 is for the Testing Expertise and for born qualified and certified components.
after the enactment of this Act a report that Access for Marine Energy Research Program Funding is necessary to improve and in-
outlines regional and national strategies to and related infrastructure investments. crease activities at all levels of the critical
accelerate and maximize the effectiveness, Within available funds, up to $10,000,000 is materials supply chain, including tech-
reliability, and sustainability of U.S offshore provided to address infrastructure needs at nologies for mining and metallurgy. Further-
wind deployment and operation with part- marine energy technology testing sites. The more, water and energy are critical re-
ners from institutions of higher education, Department is directed to continue its co- sources that are inextricably linked, and
research institutions, national laboratories, ordination with the U.S. Navy on marine en- that understanding the interdependencies
the private sector, and state and local gov- ergy technology development for national and vulnerabilities is increasingly critical
ernments. The study shall address the need security applications at the Wave Energy for the Department’s mission.
for expanded work in this area to potentially Test Site and other locations. The Committee provides $28,000,000 for the
The agreement provides up to $5,000,000 to Clean Energy Manufacturing Innovation In-
include an additional offshore wind consor-
continue operations at the Atlantic Marine stitutes (CEMI). Within available funds, the
tium.
Energy Center. agreement provides $14,000,000 for the final
In addition, the Department is directed to
The agreement provides not less than year of funding for the recently awarded Cy-
support innovative offshore wind demonstra-
$15,000,000 for hydropower and pumped stor- bersecurity in Energy Efficient Manufac-
tion projects to optimize their development, age modernization initiatives, including
design, construction methods, testing plans, turing Institute. Furthermore, within avail-
technologies, models, and analytical capa- able funds, $14,000,000 is provided to create
and economic value proposition. The agree- bilities to support integration of intermit-
ment recommends not less than $10,000,000 to one new institute. CEMIs are integral to the
tent generation, increase grid resilience and growth and security of the Nation’s manu-
support additional project development and reliability, and improve access to electricity
pre-construction activities for offshore wind facturing base and the REMADE Institute,
in remote communities or those with inad- specifically its five distinct research areas.
demonstration projects to help ensure suc- equate service. Within available funds,
cess. However, the agreement objects to the De-
$3,000,000 is provided to identify opportuni- partment’s attempts to change originally
The Department is directed to give pri- ties for improvements in hydropower infra-
ority to stewarding the assets and opti- agreed upon and awarded areas of CEMI
structure, operations, and methods of de- focus. The Department shall not require a
mizing the operations of the Department- ployment to provide benefits to other man-
owned wind energy research and develop- CEMI, like REMADE, to spend appropriated
aged water systems, such as irrigation and
ment facilities. Within available funds, the funds without a specific timeframe that does
municipal water supply.
agreement recommends not less than Within available funds, the agreement pro- not best support ongoing research and devel-
$30,000,000 for the National Wind Technology vides $5,000,000 for small hydropower tech- opment. To that end, of amounts previously
Center and not less than $5,000,000 for re- nology innovation, testing, and initiatives. appropriated, not more than $15,000,000 of
search and operations of the Integrated En- The agreement also recommends funding for awarded funds in the fourth round of solici-
ergy System at Scale. new data collection and analysis to improve tations shall be committed to the Plastics
The Department is encouraged to prioritize operations and maintenance by better under- Innovation Challenge. The Department is di-
distributed wind technologies that reduce standing the impacts of changing operations rected to provide a briefing to the Commit-
costs and improve performance and to col- on equipment failure rates, reduced avail- tees on Appropriations of both Houses of
laborate with industry to invest in the devel- ability and costs, including long-term and Congress not later than 60 days after the en-
opment and demonstration of technologies short-term inflow modeling work. actment of this Act on its efforts to support
and practices that advance distributed wind. Within available funds, $1,500,000 is pro- ongoing projects at CEMIs.
Research using high-performance com- vided to accelerate development and dem- The agreement provides not less than
puting, modeling and simulation, including onstration of environmental mitigation $5,000,000 for improvements in the steel in-
improved models can be used to understand technologies to address dissolved oxygen, dustry.
atmospheric and wind power plant flow phys- water quality and fish passage, including for The agreement provides $20,000,000 for
ics, and reliability and grid integration ef- invasive species management. process-informed science, design, and engi-
forts. Within available funds, $5,000,000 is pro- neering materials and devices in harsh envi-
Water Power.—The agreement provides vided for the environmental analyses and en- ronments, including nuclear environments,
$109,000,000 for Marine and Hydrokinetic gineering of potential run-of-river and $10,000,000 for dynamic catalyst science
Technologies and not less than $41,000,000 for hydrokinetic facilities at two sites with high coupled with data analytics.
Hydropower Technologies. The agreement electricity costs and diesel use, as deter- The agreement provides $45,000,000 for In-
supports research and development, testing, mined by the Department. Funding may be dustrial Technical Assistance. Within this
and partnership activities for the Powering used for such related field work, engineering, amount, the agreement provides $12,000,000
the Blue Economy Initiative and provides and analysis necessary for a future Federal for Combined Heat and Power (CHP) Tech-
not less than $24,000,000 for these activities. Energy Regulatory Commission License. nical Assistance Partnerships (TAPs), in-
The Department is directed to use existing The Department is encouraged to continue cluding $5,000,000 for the TAPs and $7,000,000
core capabilities within its national labora- science and modeling efforts to advance hy- for CHP activities; $12,000,000 for 32 Indus-
tories to execute this work, in partnership droelectric turbine design to increase energy trial Assessment Centers (IACs); and
with universities and industry. The Depart- production while reducing environmental $5,000,000 for wastewater treatment technical
ment is encouraged to use existing authori- impacts, including field data collection and assistance. The Department is encouraged to
ties to waive cost share for small businesses improvements to fish tagging technology. expand on the technical assistance provided
and maximize competitively awarded solici- Geothermal Technologies.—The agreement by the IACs to address these needs, including
tations for industry-led research and devel- provides not less than $64,000,000 for En- by equipping the directors of the IACs with
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8367
the training and tools necessary to provide nologies, and encourages the Department to $30,000,000 for building-grid integration re-
technical assistance on energy savings to leverage expertise and capabilities for large- search and development consistent with a
these facilities. scale additive manufacturing through part- transactive energy system and in coordina-
The agreement provides $20,000,000 for re- nerships between universities and the MDF. tion with the Office of Electricity
search and development on technologies to The agreement provides $10,000,000 for dis- transactive energy systems program, inte-
achieve energy efficiency of water and trict heating, within which the Department gration of renewable energy assets, such as
wastewater treatment plants as provided in shall make grants to support capital con- photovoltaics, associated hardware and soft-
the House report. struction costs of demonstration projects ware development, and the establishment of
Within available funds, $10,000,000 is pro- that deploy community district energy a living-learning laboratory that integrates
vided for the development of advanced tool- projects in association with a renewably education for training of new and current
ing for lightweight automotive components fueled municipal generating station. The De- professionals.
to lead the transition to electric vehicle and partment is reminded that biomass is a via- Within available funds, $8,000,000 is pro-
mobility solutions to meet the national ur- ble energy source for district energy and di- vided to continue promoting regional dem-
gency for market adoption. This funding rects the Department to take that into con- onstrations of new, utility-led, residential
shall also support activities to carry out in- sideration in its funding opportunity an- Connected Communities advancing smart
dustry outreach to identify and report on the nouncements grid systems. Further, within funds available
breadth of need and potential applicants for The agreement provides $5,000,000 to con- for Building Energy R&D, the agreement
such grants. tinue technology development to convert provides not less than $18,000,000 for heating,
Within available funds, the agreement pro- lithium chloride from geothermal brine into ventilation, and air conditioning and refrig-
vides not less than $10,000,000 for continued lithium hydroxide that will inform the de- eration R&D, including sourced heat pumps,
work on battery manufacturing research and sign of a commercial-scale facility that will water heaters, and boilers.
development that includes strong end user both extract lithium from geothermal brine Within funds for Building Energy R&D, the
participation. and convert the lithium in geothermal brine agreement provides $14,000,000 for Building
The agreement provides up to $10,000,000 into the lithium hydroxide. Envelope and $5,300,000 for Building Energy
for the issuance of a competitive solicitation Within available funds, the agreement pro- Modeling. The Department is encouraged to
for university or industry-led teams to im- vides $10,000,000 to continue the development include field evaluation efforts in these pro-
prove the efficiency of industrial drying of alternatives to fossil fuel-based process grams. Further, the Department is encour-
processes and foster new and innovative dry- heating technologies for use in manufac- aged to focus R&D efforts to address whole
ing technologies. turing, including technologies that could be building energy performance and cost issues
The agreement provides $4,000,000 for addi- used to reduce emissions from industrial dry- for air source heat pumps to inform efforts
tive manufacturing work on large wind ing processes. to advance electrification without compro-
blades that will allow for rapid prototyping, The agreement recognizes that meeting mising building energy performance.
tooling, fabrication, and testing. Further, growing global demands for the use of more Within available funds, $25,000,000 is pro-
$7,000,000 is provided for additive manufac- sustainable chemistry in consumer and com- vided for solid-state lighting. If the Sec-
turing of wind turbine components and mercial products has the potential to create retary finds solid-state lighting technology
$18,000,000 is provided for advanced wind tur- significant economic opportunities for U.S. eligible for the Twenty-First Century Lamp
bine blade manufacturing research including manufacturing that can be enhanced by en- prize, specified under section 655 of the En-
additive composite tip technology, automa- suring that sustainability factors are consid- ergy Independence and Security Act of 2007,
tion, and sustainability. Within available ered in new chemicals development. Within $5,000,000 shall be made available to fund the
funds, the agreement provides $5,000,000 for available funds, $5,000,000 is provided for ac- prize or additional projects for solid-state
the development of thermoplastic resin sys- tivities to support chemistry research and lighting research and development.
tems research for wind turbine manufac- development. The Department is directed to Within available funds, $5,000,000 is pro-
turing. provide to the Committees on Appropria- vided for novel earlier-stage research, devel-
The agreement provides $5,000,000 to con- tions of both Houses of Congress not later opment, and demonstration of technologies
tinue to develop and industrialize a low-cost than 90 days after the enactment of this Act to advance energy efficient, high-rise Cross-
polymer infiltration process for the fabrica- a report exploring how incorporating sus- Laminated Timber (CLT) building systems.
tion of silicon carbide components. The tainable chemistry in consumer and com- The Department is directed to support uni-
agreement recognizes the Department’s ex- mercial manufacturing processes fits within versity research in partnership with national
pertise in developing materials and processes its research and development portfolio. labs, for developing, building, and evaluating
for very high temperature applications. Sil- The Department is directed to produce a CLT wall systems for embodied energy con-
icon carbide ceramic matrix composites are report on the opportunities for technological tent, operating energy efficiency, wall mois-
a proven, capable material for high tempera- development in the production of advanced ture profiles, structural connector dura-
ture applications. Si-C anode materials for Li-on batteries and bility, and health monitoring systems.
The agreement provides not less than how the Department would promote integra- Within available funds, the agreement pro-
$5,000,000 to apply the Office of Science’s tion of a domestic supply chain. The Depart- vides $10,000,000 for a competitive solicita-
leadership computing facility expertise in ment is directed to provide this report to the tion focused on the development and integra-
machine learning to increase efficiencies in Committees on Appropriations of both tion of energy efficient building techniques
large scale, high rate, aerostructures manu- Houses of Congress within 90 days after the and technologies suitable for environments
facturing. The Department is encouraged to enactment of this Act. with extremely high or low temperatures.
leverage best practices from large-scale, The Department has not produced the na- Priority shall be given to applicants with
high-rate commercial composite tional smart manufacturing plan directed in prior experience serving low-income resi-
aerostructure manufacturing. Public Law 115–244 and is directed to provide dents living in extreme environments.
Within available funds, the Committee rec- this plan to the Committees on Appropria- The agreement provides $5,000,000 to con-
ommends not less than $10,000,000 to support tions of both Houses of Congress not later tinue to demonstrate the use of ice storage
research, development, and demonstration than 60 days after the enactment of this Act. technology to enable load-shifting to offset
projects to advance the development and Building Technologies.—The agreement pro- electrical grid capacity peaks at lower costs
commercialization of direct air capture tech- vides $40,000,000 for Residential Buildings In- than electrochemical storage at public-use
nologies. The program is directed to con- tegration, $50,000,000 for Commercial Build- buildings such as state office buildings, hos-
tinue collaboration with the Office of ings Integration, $140,000,000 for Building En- pitals, and schools.
Science and the Office of Fossil Energy in ergy R&D, also known as Emerging Tech- The agreement supports continued innova-
this area. nologies, and not less than $55,000,000 for tive housing research that encourages the
The agreement provides $5,000,000 for con- Equipment and Building Standards. Within design, construction, and retrofitting of en-
tinued work on the development of alu- funds for Equipment and Building Standards, ergy efficient, fire resistant, and resilient
minum alloy. not less than $10,000,000 is provided for Build- residential homes and commercial buildings,
The Department is directed to further fos- ing Energy Codes. The Department is miss- and encourages the Building America Pro-
ter the partnership between the national lab- ing legal deadlines for over 25 energy effi- gram to prioritize funding for resiliency so-
oratories universities, and industry to use ciency standards mandated by Congress. The lutions that also meet the energy code and
bio-based thermoplastics composites, such as Department is directed to finalize these reach codes. The Department is encouraged
micro- and nanocellulosic materials, and standards as soon as practicable and report to collaborate with national laboratories, in-
large-area 3–D printing to overcome chal- to the Committees on Appropriations of both dustry, other agencies, community-based or-
lenges to the cost and deployment of build- Houses of Congress not later than 30 days ganizations, and local communities that are
ing, transportation, and energy technologies. after the enactment of this Act on the status making notable progress in developing con-
The agreement provides $20,000,000 to con- of each of these standards and any funding or struction techniques, building materials, and
tinue the development of additive manufac- staffing barriers to finalizing these stand- building assemblies to address risks pre-
turing involving nanocellulosic feedstock ards. sented by wildfires.
materials made from forest products to over- The agreement directs the Department to The Department is encouraged to continue
come challenges to the cost and deployment maintain existing transactive control re- to explore research and development that
of building, transportation, and energy tech- search efforts and provides not less than can advance future natural gas and propane
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H8368 CONGRESSIONAL RECORD — HOUSE December 21, 2020
gas systems and appliances to meet con- track the occurrence of window replace- risk information-sharing and secure data
sumer demand for high efficiency and envi- ments, which supports the reduction of lead- anonymization and analysis for both oper-
ronmentally friendly products. The agree- based paint hazards in homes. ational and information technology compo-
ment recommends continued research, devel- Strategic Programs.—The agreement pro- nents of equipment commonly utilized in
opment, and market transformation pro- vides $3,000,000 for the Energy Transition Ini- both the bulk power system and distribution
grams on energy efficiency efforts related to tiative to develop a cross-sector initiative systems. The Department is encouraged to
the direct use of natural gas and propane gas alongside community-based organizations prioritize enrolling under-resourced electric
in residential applications, including gas pursuing energy transition efforts that will utilities in such programs, particularly rural
heat pump heating with power generation address energy challenges, build capacity, electric cooperatives and municipally-owned
and water heating, on-site combined heat accelerate the sharing of best practices and entities.
and power, and gas appliance venting, and on innovations between similarly-situated re- Within available funds for Cybersecurity
site (micro) combined heat and power to in- gions, and to leverage specialized, local ex- for Energy Delivery Systems (CEDS), the
clude integration with renewables. pertise into commercial opportunity. The agreement provides $5,000,000 for Con-
Thermally driven heat pumps [THPs] offer Department is directed to support commu- sequence-driven Cyber-informed Engineer-
the next generation of space conditioning nity-based initiatives by partnering with ing.
and/or water heating for low-load buildings community-based organizations and leverage Within available funds for CEDS, the
and have the potential to reduce greenhouse the Department’s previously developed tool agreement provides $10,000,000 for the
gas emissions by 40 percent or greater from to build cost-effective resilient energy infra- DarkNet project to explore opportunities for
a condensing gas efficiency baseline. Further structure on island and remote communities. getting the nation’s critical infrastructure
work is needed to test and evaluate these Facilities and Infrastructure.—The Depart- off the internet and shielding the nation’s
technologies in the field. The Department is ment is directed to proceed with project en- electricity infrastructure from disruptive
encouraged to establish a Thermal Heat gineering and design for the Energy Mate- cyber penetration, including expansion of
Pump Consortium, led by a non-profit, to in- rials and Processing at Scale research capa- the communications network architecture
tegrate and deploy new THP technologies in bility at the National Renewable Energy lab- and development of cutting-edge networking
a joint industry partnership. The Depart- oratory. Not less than $6,000,000 is rec- technologies. This effort shall be closely co-
ment is directed to provide a briefing to the ommended for Other Project Costs and to ordinated with the Office of Electricity.
Committees on Appropriations of both commence Project Engineering and Design. Within available funds for CEDS, the
Houses of Congress not later than 90 days CYBERSECURITY, ENERGY SECURITY, AND agreement provides $4,000,000 for university-
after the enactment of this Act regarding EMERGENCY RESPONSE based R&D of scalable cyber-physical plat-
the potential need for a consortium. forms for resilient and secure electric power
Federal Energy Management Program.—The The agreement provides $156,000,000 for Cy-
systems that are flexible, modular, self-heal-
agreement provides $2,000,000 for the Per- bersecurity, Energy Security, and Emer-
ing, and autonomous.
formance-Based Contract National Resource gency Response.
Within available funds for CEDS, the
Collaborative Initiative and reiterates House Additional direction related to Depart-
agreement provides up to $10,000,000 to estab-
direction regarding a report. The agreement ment-wide crosscutting initiatives is pro-
lish a network of university-based, regional
provides $11,000,000 for the Assisting Federal vided under the heading Crosscutting Initia-
electric power cybersecurity centers. The
Facilities with Energy Conservation Tech- tives in the front matter of Department of
centers should address interrelated research
nologies program. Energy.
and development challenges of cybersecurity
Weatherization and Intergovernmental Pro- The Department is directed to collaborate
and critical energy infrastructure and de-
gram.—The agreement provides $310,000,000 with other federal agencies on cybersecurity
velop a trained, globally competitive work-
for Weatherization Assistance Grants, efforts to ensure effective contributions to
force. The centers should be distributed re-
$5,000,000 for Training and Technical Assist- the overall success of the federal critical in-
gionally across the country to leverage re-
ance, and $62,500,000 for the State Energy frastructure security mission.
The agreement places a high priority on gional utilities, national laboratories, and
Program. Within available funds, $500,000 is regulatory bodies and consider the distinc-
provided for technical assistance to continue ensuring the protection of the grid against
cyberattacks and extreme weather events tive characteristics of each region’s elec-
the Sustainable Wastewater Infrastructure tricity system, network of infrastructure,
of the Future Accelerator. Within available caused by climate change.
Many different actors, governmental and and workforce expertise.
funds, the agreement provides $1,000,000 for Within available funds for CEDS, the
WAP grant recipients that have previously private, play a role in preventing and re-
sponding to threats to the nation’s energy agreement supports a pilot project to dem-
worked with the Department through the onstrate cybersecurity best practices and
Weatherization Innovation Pilot Program to infrastructure. The Department is expected
to continue coordinating its efforts with all collaborations in deploying and operating
now implement and demonstrate programs cybersecure electric vehicle charging facili-
to treat harmful substances, including stakeholders to ensure the highest priority
areas are being addressed effectively in its ties.
vermiculite, at the state and regional level. Within available funds for Infrastructure
The agreement provides $1,500,000 within ongoing efforts to protect the grid.
Grid security and resiliency are issues of Security and Energy Restoration, the agree-
funds for technical assistance to create a ment provides not less than $6,000,000 for the
pilot that supports community and neighbor- paramount importance to national security.
The nation continues to face global cyberse- continued advancement of EAGLE–I to fur-
hood scale weatherization, including the fea- ther develop energy sector situational
sibility of integrating renewable and alter- curity threats from nations such as Iran,
Russia, and North Korea, which have awareness capabilities.
native energy infrastructure, and reiterates The Department has refused to provide
House direction on this matter and regarding launched documented cyberattacks against
both factual and timely information or noti-
a report. the country. U.S. electric grid infrastructure
fication to the Committees on Appropria-
The Department is encouraged to work remains a top target, and the Department is
tions of both Houses of Congress regarding
with all relevant stakeholders to identify ef- encouraged to work with electric coopera-
the leasing of space for a Department of En-
ficiencies for delivering weatherization serv- tives, public utility districts, investor-owned
ergy Integrated Security Center, which has
ices and examine options to streamline poli- utilities, and municipal utilities to plan and
not been requested by the Administration in
cies and procedures when other funding build out needed cybersecurity infrastruc-
any prior budget request. The Department is
sources are used, such as Low Income Home ture.
directed to provide to the Committees on Ap-
Energy Assistance Program (LIHEAP) funds The agreement notes the use of an ad-
propriations of both Houses of Congress not
in conjunction with funds from the Depart- vanced cyber analytics tool currently uti-
later than 30 days after enactment of this
ment. Further, a top priority shall be to pro- lized within the Department that maps clas-
Act a briefing to convey the purpose of this
vide federal funds in a timely manner to sified and unclassified networks, and the De-
project and mission need; details regarding
avoid any undue delay of services to eligible partment is encouraged to consider this tool
the lease, including length and cost of obli-
low-income households, and to encourage for other applications within the Depart-
gated and future funding needs; and current
local high-impact energy efficiency and re- ment, as appropriate.
The agreement notes support for the exten- and future staffing plans.
newable energy initiatives and energy emer-
gency preparedness. Similarly, it is impor- sion of cyber-risk information sharing tools ELECTRICITY
tant for states to provide funding to local to close remaining vulnerabilities in the dis- The agreement provides $211,720,000 for
weatherization implementers as quickly as tribution and transmission system. The De- Electricity.
appropriate, and for the local providers to partment is encouraged to continue existing Additional direction related to Depart-
implement projects as quickly as possible. work within ongoing programs and to invest ment-wide crosscutting initiatives is pro-
The Department’s continued participation in research addressing power system vided under the heading Crosscutting Initia-
in the interagency working group on Healthy vulnerabilities in supply chain and life cycle tives in the front matter of Department of
Homes and Energy is appreciated, and the management for critical power system com- Energy.
Department is encouraged to further coordi- ponents and advanced adaptive defensive The agreement supports planning and con-
nate with the Office of Lead Hazard Control methods for grid control systems. tingency analyses that address
and Healthy Homes on energy-related hous- The agreement notes support for depart- vulnerabilities in the North American en-
ing projects. The Department is directed to mental initiatives focused on cybersecurity ergy system. This work will help to identify
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8369
transmission infrastructure investments, person or online training. The agreement is convene a committee whose members have
strategic uses and placement of energy stor- supportive of research for novel materials expertise in advanced nuclear reactors, nu-
age systems, and other strategies to help and system components to resolve key cost clear non-proliferation and security, enrich-
mitigate risk and ensure the security and re- and performance challenges for electro- ment and reprocessing, and other areas of ex-
silience of the grid. chemical energy storage systems based on pertise that the NAS deems essential for
Within available funds for Transmission earth abundant advanced chemistries. In ad- completion of the study. The NAS commit-
Reliability and Resilience, the agreement dition, the agreement supports continued tee’s consensus study report shall also pro-
provides $5,000,000 for the Grid Research In- materials research that will improve the un- vide findings and recommendations that may
tegration and Demonstration Center to ad- derstanding and predictability of energy consider policy options as long as the rec-
vance technologies in support of modernizing storage systems and components, as well as ommendations do not involve non-technical
the electric delivery system and under- enable safer and more reliable materials and value judgments. The study shall include as-
standing the Nation’s electricity infrastruc- systems to be developed. sessments of the proliferation implications
ture using real-time data. Within available funds for Energy Storage, of high-assay low-enriched uranium, ura-
The agreement supports continued invest- the agreement provides not less than nium-plutonium mixed oxide fuel, and ad-
ment in advanced grid modeling algorithms $5,000,000 for battery storage demonstration vanced fuel cycles that require separating
and tool development to ensure resilient grid projects that are located in areas where grid plutonium from spent fuel. The study shall
controls and protection systems that meet capacity constraints result in curtailment of also address the extent to which advanced
the challenges of the emerging smart grid. renewable generation; improve grid resil- reactors and associated fuel cycle facilities,
The fiscal year 2020 Act directed the De- ience for a public utility that is regularly af- in their design and operations, support Inter-
partment to provide a report outlining the fected by weather related natural disasters; national Atomic Energy Agency safeguard
barriers and opportunities for technologies and provide rate reduction and renewable en- activities, particularly those related to nu-
that provide increased, more efficient, or ergy benefits to businesses, farms, and resi- clear material accounting and control as
more effective delivery over the existing dents in an economically-stressed rural area. well as containment, surveillance, moni-
transmission network. The Department is di- Direct storage from solar generation may toring, and timeliness of detection of diver-
rected to provide the report not later than 30 also be incorporated. sion. Advanced reactor technologies shall in-
days after enactment of this Act. With available funds for Energy Storage, clude the designs under consideration by the
Within available funds for Resilient Dis- the agreement provides for not less than one Generation IV International Forum and by
tribution Systems, the Department is di- pilot energy storage project that dem- the Department and any related fuel cycle
rected to continue efforts to support the in- onstrates business model innovation tar- technologies. The study shall be submitted
tegration of sensors into the nation’s elec- geted at cost-effective deployment through to the Committees on Appropriations of both
tric distribution systems, fundamental re- aggregation in rural electric cooperatives. Houses of Congress not later than 18 months
search and field validation of microgrid con- The Department is encouraged to focus on after the Department and NAS enter into a
trollers and systems, and transactive energy reducing the soft costs of novel project de- contractual agreement.
concepts, including studies and evaluations sign and optimization and developing legal Integrated University Program.—The agree-
of energy usage behavior in response to price and power purchase model agreements that ment notes the alarming statistics high-
signals. A high priority should be placed on can be replicated in cooperatives elsewhere lighting the severe shortage of highly
addressing challenges that could compromise in the nation, reducing future costs for de- trained nuclear specialists and the lack of
the electric power grid by developing the in- ployment of energy storage projects. academic programs to train and prepare in-
novative technologies, tools, and techniques Within available funds for Transformer Re- dividuals for work in the nuclear sector. The
to modernize the distribution portion of the silience and Advanced Components, the De- budget request again attempts to defund this
electricity delivery system. Further, the De- partment is directed to continue to support program, despite continued success in devel-
partment should continue to pursue stra- research and development for advanced com- oping highly qualified nuclear specialists to
tegic investments to improve reliability, re- ponents and grid materials for low-cost meet national needs. The agreement pro-
silience, outage, recovery, and operational power flow control devices, including both vides $5,000,000 to continue the Integrated
efficiency, building upon previous and ongo- solid-state and hybrid concepts that use University Program, which is critical to en-
ing grid modernization efforts. In addition to power electronics to control electromagnetic suring the nation’s nuclear science and engi-
emerging fuel technologies for distributed devices and enable improved controllability, neering workforce in future years.
grids, the Department should evaluate fuels flexibility, and resiliency. The Department Nuclear Energy University Program
commonly available across the United is directed to support research and develop- (NEUP).—Since 2009, the Department has al-
States, such as propane and other diesel al- ment to find safe and effective capture and located up to 20 percent of funds appro-
ternatives. The Department is directed to reuse technologies, or safe and effective al- priated to Nuclear Energy Research and De-
focus on identifying and addressing technical ternatives, for the use of sulfur hexafluoride velopment programs to fund university-led
and regulatory barriers impeding grid inte- in power generation and transmission equip- R&D and university infrastructure projects
gration of distributed energy systems to re- ment, including circuit breakers, switchgear, through an open, competitive solicitation
duce energy costs and improve the resiliency and gas insulated lines. process using formally certified peer review-
and reliability of the electric grid and funds ers. The Department is directed to continue
NUCLEAR ENERGY
provided for the Advanced Grid Integration this practice, with not less than $40,000,000
Division for these activities. The agreement The agreement provides $1,507,600,000 for
Nuclear Energy. The agreement prioritizes for R&D activities to be performed at U.S.
supports advanced control concepts and open colleges and universities. The Department is
test beds for new distribution control tools funding for programs, projects, and activities
that will ensure a strong future for nuclear directed to provide to the Committees on Ap-
for enhanced distribution system resilience. propriations of both Houses of Congress
Within available funds for Resilient Dis- power in the United States. The Department
can and should play a more active role in quarterly briefings on the status of NEUP
tribution Systems, the agreement provides
supporting the revitalization of the U.S. nu- and the university work being funded.
$10,000,000 for the COMMANDER (Coordi- Supercritical Transformational Electric
nated Management of Microgrids and clear industrial base. Without a clear vision
Power.—The agreement supports the collabo-
Networked Distributed Energy Resources) and broad commitment across government
rative efforts between the national labora-
National Test Bed Laboratory to establish a and industry, nuclear power in the United
tories and industry partners to develop test
data link for a back-up operations center States will become nonexistent.
Additional direction related to Depart- capabilities and validate grid-compatible
that can benefit utility companies across the supercritical carbon dioxide Brayton cycle
country and support the North American En- ment-wide crosscutting initiatives is pro-
vided under the heading Crosscutting Initia- systems by April 2021.
ergy Resilience Model. Uranium Reserve.—The only direction re-
Within available funds for Resilient Dis- tives in the front matter of Department of
garding the Uranium Reserve is provided in
tribution Systems, the agreement provides Energy.
the Weapons Activities account.
$5,000,000 for a demonstration project with The agreement continues to include addi-
the Department’s Grid Sensors and Sensor tional control points for fiscal year 2021, and NUCLEAR ENERGY ENABLING TECHNOLOGIES
Analytics program. The demonstration the Department is directed to submit its fis- Crosscutting Technology Development.—The
should include a focus on utilizing data from cal year 2022 budget request using this budg- agreement provides $5,000,000 for research
distribution utilities that have deployed ad- et structure. collaborations between research universities
vanced metering infrastructure. The Department, in consultation with the and national laboratories utilizing existing
Within available funds for Energy Storage, National Nuclear Security Administration, capabilities and infrastructure focused on
the Department should continue to support is directed to contract with the National the benefits, as well as vulnerabilities of dig-
development of an operational energy stor- Academy of Sciences (NAS) not later than 60 ital instrumentation for existing and future
age test facility capable of performance-driv- days after enactment of this Act to conduct nuclear reactors, including the use of new
en data in a utility environment. The De- a comprehensive, independent study on the approaches, such as predictive analytics, ma-
partment is encouraged to allocate resources non-proliferation and security risks and chine learning, and artificial intelligence, to
to provide training and technical assistance international safeguards challenges associ- improve reactor safety and performance and
to firefighters and code inspectors on battery ated with advanced nuclear reactors and re- address cybersecurity issues. The agreement
storage, such as through scenario-based in- lated fuel cycle technologies. The NAS shall provides $5,000,000 for a new program to
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H8370 CONGRESSIONAL RECORD — HOUSE December 21, 2020
strengthen the pipeline of new materials grated waste management system for our na- vided under the heading Crosscutting Initia-
that can make the current fleet, as well as tion’s spent nuclear fuel, the Department is tives in the front matter of Department of
new advanced reactors, more resilient and encouraged to include planning for the re- Energy.
more economically competitive. The agree- moval of spent nuclear fuel from sites lo- The agreement provides no funds to plan,
ment provides not less than $10,000,000 for cated near cities and Indian reservations. develop, implement, or pursue the consolida-
hybrid integrated energy systems. REACTOR CONCEPTS RESEARCH AND tion or closure of any of the National Energy
Joint Modeling and Simulation Program.— DEVELOPMENT Technology Laboratory (NETL) sites.
Use and application of the codes and tools Advanced Small Modular Reactor RD&D.— The agreement provides up to $4,000,000 for
should be funded by the end user, not by the The agreement includes $115,000,000 for ongo- a demonstration project to show the in-
Joint Modeling and Simulation Program. ing work to support regulatory development, creased viability of renewable liquefied pe-
Nuclear Science User Facilities.—The agree- design, and demonstration activities. Con- troleum gases.
ment provides not less than $10,000,000 for sistent with the budget request, no funds are
nuclear energy computation system and sup- The Department is encouraged to develop
provided for the Joint Use Modular Program. educational partnerships focused on carbon
port and not less than $3,000,000 for Nuclear Light Water Reactor Sustainability.—The
Materials Discovery and Qualification. The capture and storage, methane capture and
most cost-effective way for the United storage, and emission mitigation tech-
agreement provides $2,000,000 to begin States to maintain low-cost, carbon-free
preconceptual design of a secure, separate, nologies. The Department is directed to sub-
electricity is to safely extend the lives of the mit to the Committees on Appropriations of
and shielded beamline at the NSLS II at nation’s existing nuclear reactors from 60 to
Brookhaven National Laboratory to examine both Houses of Congress not later than 90
80 years. Therefore, the agreement rec- days after enactment of this Act a report de-
radioactive materials. ommends additional funding above the budg- tailing possible education partnerships in
FUEL CYCLE RESEARCH AND DEVELOPMENT et request for this activity as a priority. The these areas.
Material Recovery and Waste Form Develop- agreement provides $10,000,000 to support
The agreement rejects the approach to
ment.—The agreement provides not less than new or previously awarded hydrogen dem-
only provide funds for early-stage research.
$10,000,000 for EBR-II Processing for HALEU onstration projects.
Such restrictions would cripple innovation
and up to $10,000,000 to continue work on the Advanced Reactor Technologies.—The agree-
and development and would reduce the num-
ZIRCEX process to recover Highly Enriched ment provides $16,000,000 to support current
ber of energy technologies adopted in the
Uranium from used naval fuel or and previously awarded Advanced Reactor
marketplace.
unirradiated research reactor fuel. Concepts industry agreements and not less
than $15,000,000 for MW-scale reactor re- The agreement provides not less than
Accident Tolerant Fuels.—The agreement
search and development. $5,000,000, and up to $15,000,000, for natural
continues to place a high priority on this
The Department is directed to submit to gas demand response pilot programs to be de-
program and urges the Department to main-
the Committees on Appropriations of both veloped by gas utilities, state public utility
tain focus and priority on achieving results
Houses of Congress not later than 90 days commissions, and local distribution compa-
in these efforts. The agreement provides not
after enactment of this Act a report out- nies. The Department is encouraged to
less than $55,600,000 to continue the partici-
lining a strategy for siting a microreactor at prioritize funding of pilots that have the po-
pation of three industry-led teams in Phase
an institution of higher education with ex- tential to advance real-time deployment and
2B of the cost-shared research and develop-
isting infrastructure to support the reactor testing of new technologies that could be
ment program; not less than $20,000,000 to
siting, perform fundamental research, test used to design, implement, and monitor the
support accident tolerant fuels development
enabling technologies and cyber security so- effectiveness of natural gas demand re-
at the national laboratories and other facili-
lutions for grid integration, train the future sponse.
ties; not less than $15,000,000 for testing, code
development, and licensing of higher-en- workforce, and de-risk deployment for future The agreement provides not less than
riched and higher burnup fuels; and not less private sector applications. $40,000,000 for the research and development
than $5,000,000 for further development of sil- VERSATILE TEST REACTOR of negative emissions technologies, including
icon carbide ceramic matrix composite fuel The Department is directed to submit to not less than $15,000,000 for direct air cap-
cladding for light water reactors. The agree- the Committees on Appropriations of both ture.
ment continues to place a high priority on Houses of Congress not later than 30 days The agreement provides not less than
this silicon carbide program and urges the after enactment of this Act a plan for exe- $5,000,000 for integrated energy systems.
Secretary to maintain focus and priority on cuting the Versatile Test Reactor project via The agreement notes the lack of commer-
modernization that provides maximum safe- a public-private partnership with an option cially-viable carbon capture technology
ty benefit. The agreement notes concern for a payment-for-milestones approach. available for industrial manufacturers to
that funding for the industry-led portions of ADVANCED REACTOR DEMONSTRATION PROGRAM significantly reduce emissions in a globally
the Accident Tolerant Fuels program, and The agreement provides $250,000,000 for the competitive manner. The Department was
for the testing and development of higher-en- Advanced Reactor Demonstration Program. previously directed in the fiscal year 2020
riched and higher burnup fuels, is not being The agreement notes the importance of the Act to submit a report and provide a briefing
obligated by the Department in a timely deployment of advanced reactors to the na- to the Committees on Appropriations of both
manner. The Department is directed to pro- tion’s ability to regain its leadership in nu- Houses of Congress not later than 180 days
vide to the Committees on Appropriations of clear energy. In fiscal year 2020, Congress di- after enactment on the recommendations for
both Houses of Congress a briefing on its rected the Secretary to commence the Ad- program structures that could best support
plan to allocate and obligate funds required vanced Reactor Demonstration Program. and maximize the impact of expanded re-
in this Act and fiscal year 2020 and any nega- The agreement strongly supports the Depart- search, development, and demonstration ef-
tive schedule impacts caused by the delays ment’s intent to move quickly on the solici- forts in three areas: decarbonization of the
in allocating or obligating funding. The De- tation and award of these demonstration industrial sector, direct air capture, and car-
partment is encouraged to evaluate accident programs, and the Department is directed to bon use. The Department is directed to pro-
tolerant fuel irradiation testing capability continue to streamline its procurement proc- vide the briefing and report to the Commit-
gaps resulting from the closure of the Halden ess and aggressively act to ensure implemen- tees on Appropriations of both Houses of
reactor. tation is not delayed. Congress not later than 90 days after enact-
TRISO Fuel and Graphite Qualification.— National Reactor Innovation Center.—The ment of this Act. Further, the agreement
The agreement provides up to $6,000,000 to agreement provides up to $15,000,000 for cap- supports research and development on indus-
continue the transition of TRISO fuel to a ital design and pre-construction activities trial decarbonization and catalyzing indus-
multiple-producer market, ensuring that for demonstration reactor test bed prepara- try-government research partnerships, in-
more than one industry source would be tion at Idaho National Laboratory sup- cluding CCUS with an emphasis on reuse uti-
available to the commercial and government porting reactor demonstration activities. lization within industry processes and mate-
markets. The Department shall submit a Construction rials; low-carbon fuels (e.g. hydrogen); trans-
Used Nuclear Fuel Disposition R&D.—The Project Data Sheet for each such applicable formative technology that will allow deep
Department is directed to study the behavior project that is expected to exceed the minor industrial decarbonization (including dem-
of spent fuel under transportation conditions construction threshold in future budget re- onstration and deployment at scale); mate-
and opportunities to improve safety of spent quests. rials efficiency and circular economy; and
fuel rods during transportation. carbon intensity definitions and labeling
IDAHO SITEWIDE SAFEGUARDS AND SECURITY
Integrated Waste Management Systems.—The across key product groups.
Department is directed to continue site prep- The agreement provides $12,000,000 for con-
solidated training facility at the Central Fa- CCUS AND POWER SYSTEMS
aration activities at stranded sites, to evalu-
ate the re-initiation of regional transport, cilities Area. The agreement recommends funding for
and undertake transportation coordination FOSSIL ENERGY RESEARCH AND DEVELOPMENT the National Carbon Capture Center con-
efforts. Additionally, it is noted that spent The agreement provides $750,000,000 for sistent with the cooperative agreement. The
nuclear fuel is in many cases located in or Fossil Energy Research and Development. Department continues to be encouraged to
near cities and Indian reservations. As the Additional direction related to Depart- establish university partnerships to support
Department continues to plan for an inte- ment-wide crosscutting initiatives is pro- ongoing fossil energy programs, to promote
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8371
broader research into carbon capture, utili- projects. The Department is encouraged to The agreement provides no direction for
zation, and storage technologies, and to ex- recognize the importance of expanding re- plant optimization technologies or the Ad-
pand its technology transfer efforts. The De- gional geological characterization, col- vanced Ultrasupercritical Program.
partment has previously funded several uni- lecting and analyzing data, and addressing Within available funds for STEP, the
versity-based CCUS projects and is encour- regional monitoring, permitting, and policy agreement supports efforts, consistent with
aged to build on an established research base challenges, as well as the value of this work the original scope of work, to complete the
to support ongoing research and to address in supporting broadscale commercial deploy- necessary design and construction of the 10–
wider implementation of CCUS technologies. ment efforts. Further, the Department is en- MW pilot and to conduct the necessary test-
The Department is directed to use funds couraged to facilitate development and de- ing for the facility. There is concern about
within CCUS and Power Systems for re- ployment of monitoring technologies at car- repeated cost overruns for the project, and
search and development across a broad range bon capture utilization and storage projects the Department is directed to brief the Com-
of technology and fuel applications as it de- with considerable progress towards commer- mittees on Appropriations of both Houses of
termines to be merited. cial implementation. The Department is en- Congress not later than 30 days after enact-
The Department is directed to increase couraged to give attention to technologies ment of this Act on an updated scope and
public-private partnerships and natural gas- that promise near realtime results or employ cost profile that incorporates all past, cur-
based carbon capture research program op- big data, machine learning, and artificial in- rent, and potential future cost increases nec-
portunities. telligence to better address issues such as essary to complete the project. The agree-
The agreement supports funding for activi- leak detection, monetization of credits, and ment also provides funds for competitively-
ties that promote the reuse of captured car- permit compliance. awarded research and development activi-
bon dioxide from coal, natural gas, industrial Within available funds for Advanced En-
ties, coordinated with the Offices of Nuclear
facilities, direct air capture, and other ergy Systems, the agreement provides
Energy and Energy Efficiency and Renew-
sources for the production of fuels and other $30,000,000 for Solid Oxide Fuel Cell (SOFC)
able Energy, to advance the use of supercrit-
valuable products. The Department is di- systems for distributed and central power
generation, electrolysis, SOFC combined ical power cycles.
rected to significantly advance carbon utili- NATURAL GAS TECHNOLOGIES
zation activities over the next ten years with heat and power, and storage applications. To
specific technology goals and milestones to ensure timely development of this important The agreement provides $25,000,000 for
ensure that the Department is using its re- technology, which is cost-shared with indus- methane hydrate research; $13,000,000 for
try, where applicable, not less than 75 per- Emissions Mitigation from Midstream Infra-
sources in the most efficient manner. The
cent of the total shall be allocated to the structure; $6,500,000 for Emissions Quan-
purposes of the work should include improv-
SOFC industry teams. tification from Natural Gas Infrastructure;
ing the economics associated with domestic Within available funds for Advanced En-
energy production, achieving optionality in and $12,000,000 for Environmentally Prudent
ergy Systems, the agreement provides Development, including $5,200,000 for the
carbon management, and further reducing $27,000,000 for Advanced Turbines, and the
emissions. Risk Based Data Management System.
Department is directed to use these funds for The agreement notes there is belief that
The agreement supports the Department’s a research and development program to im-
existing cooperative agreements to develop FracFocus should maintain its autonomy
prove the efficiency of gas turbines used in and not be incorporated into any federal
cost-sharing partnerships to conduct basic, power generation systems, working coopera-
fundamental, and applied research that as- agency.
tively with industry, universities, and other The Department is encouraged to perform
sist industry in developing, deploying, and appropriate parties. a long-term methane hydrate production
commercializing efficient, low-carbon, non- Within available funds for Advanced En- test in the Arctic, as proposed by the Meth-
polluting energy technologies that could ergy Systems, the agreement provides ane Hydrate Advisory Committee’s earlier
compete effectively in meeting requirements $30,000,000 for Advanced Coal Processing to recommendations (May 21, 2014). Further,
for clean fuels, chemical feedstocks, elec- support early-stage research and develop- within available funds for methane hydrate
tricity, and water resources. ment to enable the conversion of coal pitch
The agreement reiterates the importance research, the agreement provides $5,000,000
and coal to carbon fiber and other value-
of adequate Federal support to promote de- for university research and field investiga-
added products for alternative advanced uses
sign-related work and testing for a commer- tions in the Gulf of Mexico to confirm the
of coal, of which not less than $10,000,000 is
cial scale, post-combustion carbon dioxide nature, regional context, environmental im-
for utilizing coal as a precursor for high-
capture project on an existing coal-fueled pacts, and hydrocarbon system behavior of
value added products at the Carbon Fiber
generating unit as well as research, develop- Technology Facility. gas hydrate deposits.
The Department is encouraged to consider Within available funds for Emissions Miti-
ment and deployment of breakthrough tech-
research and development to improve cost gation from Midstream Infrastructure, the
nologies, including co-firing with agricul-
and efficiency of coal-to-fuels technology im- agreement recommends funds to support nat-
tural and forest residue biomass to achieve
plementation and polygeneration. ural gas infrastructure research, including
net greenhouse gas emissions reductions.
Within available funds for Carbon Capture, The agreement provides no direction with advanced materials and novel sensor tech-
not less than $8,000,000 is for research and op- respect to the Coal FIRST Initiative. nologies.
timization of carbon capture technologies Within available funds for Cross Cutting The Department is encouraged to work
for use at industrial facilities and not less Research, the agreement provides not less with regional universities to evaluate ways
than $10,000,000 is for carbon capture re- than $23,000,000 for the Department to con- to create or add value to natural gas liquids
search for natural gas power systems. The tinue its external agency activities to de- in the Bakken and potential for use in the
agreement provides not less than $15,000,000 velop and test advanced separation tech- region.
nologies and accelerate the advancement of The agreement notes the Department was
for a new solicitation for FEED studies of
commercially viable technologies for the re- previously directed in the fiscal year 2019
commercial-scale carbon capture projects
covery of rare earth elements and minerals Act to submit to the Committees on Appro-
that generate carbon dioxide suitable for
from U.S. coal and coal byproduct sources. priations of both Houses of Congress not
geologic storage, with at least two of these
The agreement supports research to support later than 18 months after the date of enact-
studies supporting projects at industrial fa-
pilot-scale and experimental activities for ment a study on the potential for natural
cilities such as a steel or cement facility.
near-term applications, which encompass the gas demand response across energy sectors
Within available funds for Carbon Utiliza-
extraction and recovery of rare earth ele- geographic regions. The Department is en-
tion, the agreement provides not less than
ments and minerals from conditionally-fa- couraged to provide this report expedi-
$8,000,000 for a competitive solicitation to
vorable U.S. coal and coal byproduct sources. tiously.
conduct tests of technologies for carbon di-
The Department is encouraged to continue UNCONVENTIONAL FOSSIL ENERGY
oxide absorption integrated with algae sys- investments to accelerate the advancement
tems for capturing and reusing carbon diox- TECHNOLOGIES
of commercially-viable technologies for the
ide to produce useful fuels and chemicals, recovery of rare earth elements and critical The agreement provides $20,000,000 for re-
giving priority for teams with university minerals from lignite, and the Department is search that develops improved enhanced re-
participants. expected to fund a more detailed assessment covery technologies. In continuing with
Within available funds for Carbon Storage, of lignite resources and to devise cost-effec- prior direction, the Department shall ensure
the agreement provides not less than tive methods of removing rare earths from these funds are awarded to universities and
$20,000,000 to expand and continue the work lignite. not-for-profit research organizations.
of the Regional Carbon Sequestration Part- Within available funds for Cross Cutting The agreement provides not less than
nerships (RCSPs) and $30,000,000 for Research, the agreement provides $1,500,000 $19,000,000 for the Unconventional Field Test
CarbonSAFE. The agreement supports the to accelerate development and deployment Sites. The agreement supports leveraging
focus of the RCSPs on infrastructure devel- of wireless sensor systems for coal-fired these field test sites to test methods for im-
opment strategies that develop regionally power generation in order to improve gener- proving recoveries from the growing inven-
relevant business models for implementa- ating efficiency, reduce emissions, and lower tory of existing wells. The Department is en-
tion. The Department is directed to fully maintenance costs. couraged to continue research focused on
fund the CarbonSAFE projects selected in Within available funds for Cross Cutting produced water management and beneficial
fiscal year 2020 and within remaining funds Research, the agreement provides $5,000,000 re-use, and methane emissions (particularly
solicit proposals for additional CarbonSAFE for the Advanced Energy Storage Initiative. flaring) capture and beneficial re-use.
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H8372 CONGRESSIONAL RECORD — HOUSE December 21, 2020
The agreement provides not less than tional data on light-emitting diode bulbs, complex, and to conduct remedial actions
$4,000,000 for further research on commercial building codes, and electric and site closure activities. Within funds
multipronged approaches for characterizing transmission. available for Pensions and Community and
the constituents of and managing the clean- The Department is directed to submit to Regulatory Support, the agreement provides
ing of water produced during the extraction the Committees on Appropriations of both an additional $10,000,000 above the budget re-
of oil and natural gas, of which not less than Houses of Congress not later than 180 days quest to ensure contractor pensions are ade-
$2,000,000 is provided to partner with research after enactment of this Act a report on how quately funded and up to an additional
universities engaged in the study of charac- the Energy Information Agency can supply $2,219,000 for community support at Ports-
terizing, cleaning, treating, and managing increased data regarding the electricity con- mouth.
produced water and who are willing to en- sumption and emissions for retail electricity SCIENCE
gage through public private partnerships suppliers, and for city, within city limits, The agreement provides $7,026,000,000 for
with the energy industry to develop and as- served by an electric utility. The report shall the Office of Science.
sess commercially viable technology to also include the potential costs and benefits Additional direction related to Depart-
achieve the same. The Department is encour- associated with the collection and dissemi- ment-wide crosscutting initiatives is pro-
aged to explore research and development for nation of such data, and identification of vided under the heading Crosscutting Initia-
safe drilling and completion technologies major suppliers and cities where collection tives in the front matter of Department of
that use no fresh water and can be deployed and dissemination of such data could be com- Energy.
in horizontal wells. pleted at a reduced level of effort and cost. The Department is directed to provide to
The Department was previously directed in The Department is directed to provide to the Committees on Appropriations of both
the fiscal year 2020 Act to provide a report to the Committees on Appropriations of both Houses of Congress a briefing that details all
the Committees on Appropriations of both Houses of Congress not later than 180 days programs, projects, and activities to be fund-
houses of Congress that outlines the Depart- after enactment of this Act a report out- ed in the Office of Science that are not di-
ment’s efforts to maintain a stable petro- lining resources necessary to further develop rected by this recommendation or explicitly
leum engineering workforce and knowledge National Energy Modeling System capabili- included in the fiscal year 2021 budget re-
base, as well as future activities the Depart- ties to be able to simulate deep quest. The plan shall be provided not later
ment can undertake to strengthen it. The decarbonization scenarios, including econ- than 90 days after enactment of this Act.
Department is encouraged to submit the re- omy-wide net-zero emissions policies. Artificial Intelligence and Machine Learn-
port expeditiously. The Department is encouraged to work ing.—The agreement provides not less than
NATIONAL ENERGY TECHNOLOGY LABORATORY with stakeholders to explore gathering rea- $100,000,000 for Artificial Intelligence and
sonably accurate data on the delivered gen- Machine Learning capabilities across the Of-
Within available funds for NETL Infra- fice of Science Programs. The Department is
eration resource mix and emissions rates for
structure, the Department is directed to directed to apply those capabilities to the
every load-serving entity as defined in 16
prioritize funds for Joule, the Computational Office of Science’s mission with a focus on
U.S.C. § 824q(2). The Department is directed
Science and Engineering Center, the Center accelerating scientific discovery in its Sci-
to provide to the Committees on Appropria-
for Artificial Intelligence and Machine entific User Facilities and large experi-
tions of both Houses of Congress not later
Learning, the Advanced Alloy Development ments.
than 90 days after enactment of this Act a
Facility, site-wide upgrades for safety, and Biomedical Sciences.—The Department is
recommendation to amend its data collec-
addressing and avoiding deferred mainte- encouraged to expand its relationships with
tion efforts and reflect progress as part of an
nance. the National Institutes of Health (NIH) in
annual report.
NAVAL PETROLEUM AND OIL SHALE RESERVES order to work together more strategically to
NON-DEFENSE ENVIRONMENTAL CLEANUP
The agreement provides $13,006,000 for the leverage the Department’s research capabili-
The agreement provides $319,200,000 for ties, including instrumentation, materials,
operation of the Naval Petroleum and Oil Non-Defense Environmental Cleanup.
Shale Reserves. modeling and simulation, and data science.
Small Sites.—The agreement provides
STRATEGIC PETROLEUM RESERVE The agreement supports the budget request
$110,933,000 for Small Sites cleanup. Within
proposal of $1,000,000 for collaboration with
The agreement provides $188,000,000 for the this amount, $12,000,000 is for the Energy
NIH within the Department’s data and com-
Strategic Petroleum Reserve. The Depart- Technology Engineering Center, $11,000,000 is
putational mission space.
ment is directed to maintain 1,000,000 barrels for Idaho National Laboratory, $30,100,000 is Exascale Computing Initiative.—The agree-
of gasoline blendstock in the Northeast Gas- to continue work at Lawrence Berkeley Na- ment provides not less than $474,945,000 for
oline Supply Reserve. tional Laboratory, $47,833,000 is for Moab, exascale activities.
No funding is requested for the establish- and $10,000,000 is for excess Office of Science Quantum Information Science.—The agree-
ment of a new regional petroleum product facilities. ment provides not less than $245,000,000 for
reserve, and no funding is provided for this Energy Technology Engineering Center.—The the Office of Science’s coordinated and fo-
purpose. Further, the Department may not Committee is pleased with the progress of cused research program in quantum informa-
establish any new regional petroleum prod- building demolition, including the recent tion science. Within these available funds,
uct reserves unless funding for such a pro- agreement between the Department and the the agreement provides not less than
posed regional petroleum product reserve is State of California to demolish the remain- $120,000,000 for research and $125,000,000 for
explicitly requested in advance in an annual ing buildings on site. The Committee re- five National Quantum Information Science
budget request and approved by Congress in mains concerned about soil and groundwater Research Centers. To the greatest extent
an appropriations Act. remediation and encourages the parties to practical, this effort shall be undertaken in
SPR PETROLEUM ACCOUNT use the 2007 Consent Order and 2010 Adminis- coordination with the National Science
trative Order on Consent to enter negotia- Foundation and the National Institute of
The agreement provides $1,000,000 for the
tions on this topic. The Committee encour- Standards and Technology. Further, the De-
SPR Petroleum Account to pay for the costs
ages the Department to continue working partment is directed to collaborate with pri-
of certain statutorily-mandated crude oil
with the State of California on cleanup of vate sector stakeholders, the user commu-
sales.
the Site. The Department is directed to con- nity and interagency partners, to develop a
NORTHEAST HOME HEATING OIL RESERVE tinue to act in accordance with applicable roadmap to provide researchers access to
The agreement provides $6,500,000 for the laws, orders, regulations, and agreements quantum systems so as to enhance the U.S.
Northeast Home Heating Oil Reserve. with the State of California. quantum research enterprise, stimulate the
ENERGY INFORMATION ADMINISTRATION Mercury Storage.—The agreement provides
fledgling U.S. quantum computing industry,
The agreement provides $126,800,000 for the $2,100,000 for mercury storage activities to
educate the future quantum computing
Energy Information Administration. The comply with recent court actions and to re-
workforce, and accelerate advancement of
agreement recognizes the importance of vise its Fee Rule. The Department is di-
quantum computer capabilities. The Depart-
building energy information and the oppor- rected to finalize the Fee Rule for mercury
ment is directed to brief the Committees on
tunity for better data collection presented storage as expeditiously as possible and pro-
Appropriations of both Houses of Congress
by new technologies. The Department is en- vide a monthly status update to the Commit-
not later than 90 days after enactment of
couraged to continue important data collec- tees on Appropriations of both Houses of
this Act on such a roadmap.
tion, analysis, and reporting activities on en- Congress until the rule is finalized. Strategic Partnership Projects.—The Depart-
ergy use and consumption, including the URANIUM ENRICHMENT DECONTAMINATION AND ment is directed to provide to the Commit-
Commercial Buildings Energy Consumption DECOMMISSIONING FUND tees on Appropriations of both Houses of
Survey and the Residential Buildings Energy The agreement provides $841,000,000 for ac- Congress not later than 30 days after enact-
Consumption Survey. The Department is en- tivities funded from the Uranium Enrich- ment of this Act a briefing inventorying all
couraged to upgrade the Commercial Build- ment Decontamination and Decommis- Strategic Partnership Projects that have not
ings Energy Consumption Surveys to a real- sioning Fund. Within available funds, the received payment sufficient to cover com-
time data collection system with rapid re- agreement provides $134,701,000 for East Ten- pleted work and how the Department plans
porting of results, without compromising nessee Technology Park to continue cleanup to recoup any insufficient payments. This is
statistical validity or data security. The De- and demolition of all remaining facilities, in- the only direction related to Strategic Part-
partment is also encouraged to collect addi- cluding the K–1200 complex and the K–1600 nership Projects.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8373
Distinguished Scientist Program.—The agree- nation’s scientists can more fully leverage Houses of Congress not later than 90 days
ment provides $4,000,000 to support the De- the investment that has been made in the after enactment of this Act a report that
partment’s Distinguished Scientist Program. NSLS II while it is the most powerful X–Ray outlines the activities previously conducted
Negative Emissions Technology.—The agree- light source in the nation. under the Energy-Water Nexus across the
ment provides not less than $22,500,000 in The Department is encouraged to explore Department, which activities have contin-
Basic Energy Sciences and Biological and opportunities to develop an autonomous ued, which activities ended, and an expla-
Environmental Research for research and de- chemistry and materials synthesis platform. nation for the termination of each activity
velopment of negative emissions tech- The capabilities will leverage advances in ar- that ended. The Department is directed to
nologies, including not less than $7,500,000 tificial intelligence to enable greater effi- coordinate all energy-water nexus activities
for direct air capture. The Office of Science ciencies and scientific throughput, leading across the Offices of Energy Efficiency and
is directed to continue to collaborate with to significant reduction of the total time and Renewable Energy, Electricity, Fossil En-
the Office of Fossil Energy and the Office of cost in novel materials discovery and inno- ergy, Nuclear Energy, Science, and any other
Energy Efficiency and Renewable Energy to vation. relevant program offices.
support research, development, and dem- The Department is encouraged to continue The agreement provides up to $6,000,000 to
onstration projects to advance the develop- funding to support research and development advance biological and environmental capa-
ment and commercialization of carbon re- needs of graduate and postgraduate science bilities through the development and proto-
moval technologies on a significant scale. programs at Historically Black Colleges and typing of fabricated ecosystems and sensors
Universities. that enable interrogation of biological-envi-
ADVANCED SCIENTIFIC COMPUTING RESEARCH
BIOLOGICAL AND ENVIRONMENTAL RESEARCH ronmental interactions across molecular to
The agreement supports ASCR’s leadership ecosystem-relevant scales under controlled
in emerging areas relevant to the Depart- The agreement provides not less than
$390,000,000 for Biological Systems Science laboratory conditions.
ment’s mission, including artificial intel- The agreement provides $15,000,000 to sup-
ligence and quantum information science. and not less than $350,000,000 for Earth and
Environmental Systems Sciences. port the exascale computing initiative. The
The agreement supports ASCR’s pursuit of Department is directed to enhance invest-
machine learning tools for scientific applica- The Department is directed to maintain
Genomic Science as a top priority, and the ments in machine learning to advance the
tions and its support for the development of use of diverse and increasingly autonomous
algorithms for future deployable quantum agreement provides not less than $100,000,000
for Foundational Genomics Research and not datasets to understand environmental and
computers. The agreement recognizes that a climate dynamics; rapidly incorporate
robust research program in applied and com- less than $100,000,000 for the Bioenergy Re-
search Centers. The agreement provides not datasets into predictive watershed, eco-
putational mathematics and computer system, and climate models; and project the
science will be critical to continued progress less than $42,000,000 for Biomolecular Charac-
terization and Imaging Science and not less onset of and track extreme events, such as
in these areas and is supportive of the De- atmospheric rivers and hurricanes.
partment’s efforts to prioritize these pro- than $80,000,000 for the Joint Genome Insti-
The Department is encouraged to increase
grams. tute. Within available funds for Biomolec-
its funding for academia to perform inde-
High Performance Computing and Network ular Characterization and Imaging Science,
pendent evaluations of climate models using
Facilities.—The agreement provides not less the agreement provides $15,000,000 to con-
existing data sets and peer-reviewed publica-
than $150,000,000 for the Argonne Leadership tinue the development of a multi-scale
tions of climate-scale processes to determine
Computing Facility, not less than $225,000,000 genes-to ecosystems approach that supports various models’ ability to reproduce the ac-
for the Oak Ridge Leadership Computing Fa- a predictive understanding of gene functions tual climate. The Department is encouraged
cility, not less than $110,000,000 for the Na- and how they scale with complex biological to establish an Earth System Grid Federa-
tional Energy Research Scientific Com- and environmental systems. The agreement tion node for Arctic climate data. Given the
puting Center, and $90,000,000 for ESnet. supports the Department’s establishment of clear synergies and overlap of missions, the
Mathematical, Computational, and Computer a national microbiome database collabo- Department is encouraged to increase col-
Sciences Research.—The agreement provides rative. laboration with the National Oceanic and
not less than $250,000,000 for Mathematical, The agreement provides not less than
Atmospheric Administration (NOAA) in its
Computational, and Computer Sciences Re- $5,000,000 for low-dose radiation research.
climate research and modeling efforts.
search, including not less than $10,000,000 for The Department is directed to work through
the multi-agency sub-working group to de- FUSION ENERGY SCIENCES
the Computational Science Graduate Fellow- The agreement provides not less than
ship program. The agreement provides up to velop the proper role and direction for the
Department in future low-dose radiation re- $20,000,000 for the High-Energy-Density Lab-
$40,000,000 for the development of Al-opti- oratory Plasmas program to support initia-
mized emerging memory technology for Al- search.
The agreement provides not less than tives in quantum information science, ad-
specialized hardware to drive national com- vance cutting-edge research in extreme
$78,000,000 for Environmental System
petitiveness. states of matter, expand the capabilities of
Science, of which not less than $10,000,000 is
BASIC ENERGY SCIENCES for Next Generation Ecosystem Experiments the LaserNetUS facilities, and provide ini-
The agreement provides $24,088,000 for the Arctic; $8,300,000 is for the Spruce and tial investments in new intense, ultrafast
Batteries and Energy Storage Innovation Peatland Responses Under Changing Envi- laser technologies needed to retain U.S. lead-
Hub, $20,000,000 for the Fuels from Sunlight ronments field site; $5,000,000 is to initiate ership in these fields. To maintain U.S. lead-
Energy Innovation Hub, and $115,000,000 for planning and pilot studies for new Terres- ership in intense, ultrafast lasers, the De-
the Energy Frontier Research Centers. The trial Ecosystem Science manipulation ex- partment is directed to submit to the Com-
agreement supports the EPSCoR program periments; $7,000,000 is for Next Generation mittees on Appropriations of both Houses of
and its goals of broadening participation in Ecosystem Experiments Tropics; $5,100,000 is Congress not later than 180 days after enact-
sustainable and competitive basic energy re- for AmeriFLUX Long-Term Earth System ment of this Act a report describing the De-
search in eligible jurisdictions. The Depart- Observations; not less than $3,500,000 is to partment’s plans to respond to the rec-
ment is directed to continue annual or at support ongoing research and discovery re- ommendations of the Brightest Light Initia-
minimum, biennial implementation grant lated to mercury biogeochemical trans- tive Workshop Report, including facility in-
solicitations for the EPSCoR program. formations in the environment; and $6,800,000 vestments and improvements needed to ad-
The agreement provides not less than is for Watershed Function Science Focus vance laser science technology and applica-
$525,000,000 for facilities operations of the na- Area. tions.
tion’s light sources, not less than $292,000,000 The agreement provides $15,000,000 for The agreement provides $65,000,000 for
for facilities operations of the high flux neu- cloud-aerosol research and computing. NSTX-U operations and not less than
tron sources, and not less than $139,000,000 The recommendation includes $30,000,000 $21,000,000 for the Materials Plasma Exposure
for facilities operations of the Nanoscale for ongoing efforts to develop observational eXperiment. The Department is encouraged
Science Research Centers (NSRCs). assets and associated research to study the to support optimal facility operations levels
The agreement provides not less than nation’s major land-water interfaces, includ- for DIII–D.
$19,000,000 for other project costs, including ing the Great Lakes and the Puget Sound, The agreement provides $4,000,000 for the
$3,000,000 for Proton Power Upgrade, that leverages national laboratories’ assets Innovation Network for Fusion Energy (IN-
$2,000,000 for Linac Coherent Light Source-II as well as local infrastructure and expertise FUSE) research and development program.
HE, $13,000,000 for Second Target Station, at universities and other research institu- The Fusion Energy Sciences Advisory Com-
and $1,000,000 for Cryomodule Repair & Main- tions. mittee was previously directed to give full
tenance Facility. The agreement provides The Department is encouraged to continue consideration to the establishment of a cost-
not less than $5,000,000 for NSRC Recapital- to support the River Corridor Science Focus share program for reactor technologies as
ization and not less than $5,500,000 for NSLS– Area. The Department is encouraged to de- part of the ongoing long-range strategic
II Experimental Tools-II. velop an integrated mountainous hydrology planning activity. The Department is en-
The agreement provides $26,000,000 for focus, which extends observations and mod- couraged to take into account the long-range
exascale systems. els and leverages collaborations supported by strategic plan when developing future budget
The Department is directed to continue other Federal agencies. requests.
supporting the construction of additional The Department is directed to submit to The agreement provides $242,000,000 for the
beamlines in future budget requests so the the Committees on Appropriations of both U.S. contribution to the ITER project, of
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H8374 CONGRESSIONAL RECORD — HOUSE December 21, 2020
which $60,000,000 is for in-cash contributions. Scientists. Within available funds, the agree- emissions of greenhouse gases and employ
The Department is directed to provide to the ment provides $13,800,000 for Science Under- new or significantly improved technologies
Committees on Appropriations of both graduate Laboratory Internships, $1,900,000 as compared to commercial technologies in
Houses of Congress not later than 180 days for Community College Internships, $4,600,000 service in the United States upon issuance of
after enactment of this Act the performance for the Graduate Student Research Program, the loan guarantee.
baseline for the entire project, including an $1,800,000 for the Visiting Faculty Program, The agreement includes a rescission of
updated baseline for Subproject 1 and a base- $1,200,000 for the Albert Einstein Distin- $392,000,000 of emergency balances.
line for Subproject 2. guished Educator Fellowship, $2,900,000 for ADVANCED TECHNOLOGY VEHICLES
HIGH ENERGY PHYSICS the National Science Bowl, $700,000 for Tech- MANUFACTURING LOAN PROGRAM
The agreement provides not less than nology Development and Online Application, (INCLUDING RESCISSIONS OF FUNDS)
$30,000,000 for the Sanford Underground Re- $600,000 for Evaluation Studies, and $1,500,000
The agreement provides $5,000,000 for the
search Facility; $16,000,000 for the Facility for Outreach.
Advanced Technology Vehicles Manufac-
for Advanced Accelerator Experimental The Department is directed to widely pub-
turing Loan Program. The agreement directs
Tests-II; not less than $6,000,000 for Cosmic licize its opportunities and diversify the ap-
the Department to expeditiously evaluate
Microwave Background-Stage 4; $12,000,000 plicant pool, with an emphasis on targeted
and adjudicate all loan applications received.
for the Dark Energy Spectroscope Instru- recruitment of individuals traditionally
The agreement further directs the Depart-
ment; $6,000,000 for Lux Zeplin; and not less underrepresented in STEM.
ment to provide to the Committees on Ap-
than $18,500,000 for Vera C. Rubin Observ- Further, the Department was previously
propriations of both Houses of Congress not
atory operations. The agreement provides no directed in the fiscal year 2020 Act to provide
later than 90 days after enactment of this
direction for the HL–LHC Upgrade projects. to the Committees on Appropriations of both
Act a briefing that includes a status update
The agreement supports activities toward Houses of Congress a report on the how the
on each loan application received.
the completion of the Large Synoptic Survey Office of Science plans to comply with Exec- The agreement includes a rescission of
Telescope and Super Cryogenic Dark Matter utive Order 13853 to develop a pipeline to $1,908,000,000 of emergency balances.
Search projects. meet future needs in trade craft require-
The agreement notes the longstanding ments and workforce development in coordi- TRIBAL ENERGY LOAN GUARANTEE PROGRAM
planning and contributions of resources by nation with the national laboratories. The The agreement provides $2,000,000 for the
partner organizations with respect to data Department is encouraged to submit the re- Tribal Energy Loan Guarantee Program. The
management on the Vera C. Rubin Observ- port expeditiously. Department is encouraged to take formal
atory. The Department is directed to employ Within available funds for Outreach, the steps to market this program and ensure the
the computational expertise and existing ca- Department is directed to establish a work- program’s availability, benefits, and applica-
pabilities in data management of the Vera C. ing group comprised of the Office of Science tion process are made known to potential ap-
Rubin Observatory, potentially in partner- and national laboratories and a consortium plicants who are ready to seek financing.
ship with the national laboratories, to en- of universities to assist universities in the OFFICE OF INDIAN ENERGY POLICY AND
sure the successful operation of this project development of a curriculum to promote the PROGRAMS
and access for the broad research commu- next generation of scientists utilizing artifi- The agreement provides $22,000,000 for the
nity. The Department is directed to brief the cial intelligence, quantum information Office of Indian Energy Policy and Pro-
Committees on Appropriations of both science, and machine learning. The Depart- grams. The agreement supports the efforts to
Houses of Congress not later than 30 days ment is directed to provide to the Commit- utilize local subject matter experts to assist
after enactment of this Act on the status of tees on Appropriations of both Houses of Indian Tribes and Alaska Native villages in
the project, including plans for management Congress not later than 180 days after enact- developing energy projects and providing
of the data facility. ment of this Act a report and briefing on a support for energy planning. The Depart-
The Department is strongly urged to main- plan to meet universities’ educational cur- ment is encouraged to use its cost share
tain a balanced portfolio of small-, medium- riculum needs to support this future sci- waiver authority under section 988 of the En-
, and large-scale experiments and to ensure entific workforce. ergy Policy Act of 2005 when applicable.
adequate funding for research performed at SCIENCE LABORATORIES INFRASTRUCTURE The Office of Indian Energy is directed to
universities and the national laboratories. design funding opportunity announcements
The Department is encouraged to fund facil- In future budget requests, the Office of
Science is directed to work with the Office of that do not exclude Tribes based on land
ity operations at levels for optimal oper- ownership structures.
ations. Nuclear Energy to demonstrate a commit-
ment to operations and maintenance of nu- DEPARTMENTAL ADMINISTRATION
NUCLEAR PHYSICS
clear facilities at Oak Ridge National Lab- The agreement provides $166,000,000 for De-
The Department is directed to give pri- oratory that supports multiple critical mis- partmental Administration.
ority to optimizing operations for all Nu- sions. The Department is directed to provide Control Points.—The agreement includes
clear Physics user facilities. to the Committees on Appropriations of both eight reprogramming control points in this
The agreement provides not less than account to provide flexibility in the manage-
Houses of Congress not later than 180 days
$6,600,000 for the Gamma-Ray Energy Track- ment of support functions. The Other De-
after enactment of this Act a briefing on the
ing Array, $5,530,000 for sPHENIX, not less partmental Administration activities in-
funding levels required for operations and
than $5,000,000 for MOLLER, not less than clude Management, Project Management
maintenance of Oak Ridge National Labora-
$1,400,000 for Ton-Scale Neutrino-less Double Oversight and Assessments, Chief Human
tory nuclear facilities.
Beta Decay, not less than $17,000,000 for the Capital Officer, Office of Technology Transi-
Within available funds for General Plant
Electron Ion Collider, not less than $3,000,000 tions, Office of Small and Disadvantaged
Projects, the Department is directed to
for the High Rigidity Spectrometer, and Business Utilization, General Counsel, Office
prioritize projects related to power resil-
$3,000,000 for the U.S. Stable Isotope Produc- of Policy, and Public Affairs. The Depart-
ience.
tion and Research Center. The agreement ment is directed to continue to submit a
supports activities toward the completion of NUCLEAR WASTE DISPOSAL
budget request that proposes a separate
the Muon to Electron Conversion Experi- The agreement provides $27,500,000 for Nu-
funding level for each of these activities.
ment. clear Waste Disposal, of which $20,000,000 is Office of the Secretary—Program Direction.—
The agreement provides not less than for interim storage and $7,500,000 is for Nu- The agreement provides $5,582,000 for pro-
$1,000,000 to establish a traineeship program clear Waste Fund oversight activities. gram direction and directs the Department
for students to develop the future workforce ADVANCED RESEARCH PROJECTS AGENCY— to develop a research agenda related to arc-
of radioisotope production. Further, the De- ENERGY tic energy, including Counter-Unmanned
partment is directed to provide a plan to the Aircraft System technologies, and to brief
The agreement provides $427,000,000 for the
Committees on Appropriations of both the Committees on Appropriations of both
Advanced Research Projects Agency—En-
Houses of Congress not later than 180 days Houses of Congress not later than 90 days
ergy.
after enactment of this Act to develop a con- after the enactment of this Act on this agen-
sortium of research universities to apply ad- TITLE 17 INNOVATIVE TECHNOLOGY LOAN
GUARANTEE PROGRAM da. This is the only direction related to the
vanced manufacturing techniques to radio- Office of the Secretary.
isotope production, including automation, (INCLUDING RESCISSIONS OF FUNDS) International Affairs.—Within available
digitalization, artificial intelligence, fab- The agreement provides $32,000,000 in ad- funds for International Affairs, the agree-
rication, and state-of-the-art characteriza- ministrative expenses for the Loan Guar- ment includes $2,000,000 for the Israel Bina-
tion instrumentation. This is the only direc- antee Program. The proposed funding level is tional Industrial Research and Development
tion related to a consortium of research uni- offset by $3,000,000 in estimated collections (BIRD) Foundation and $4,000,000 to continue
versities to apply advanced manufacturing from loan guarantee applicants, for a net ap- the U.S.-Israel Center of Excellence in En-
techniques to radioisotope production. propriation of $29,000,000. ergy Engineering and Water Technology.
WORKFORCE DEVELOPMENT FOR TEACHERS AND As provided in 42 U.S.C. 16511, the Sec- Chief Information Officer.—The agreement
SCIENTISTS retary may make guarantees under this sec- provides $140,200,000 for Department-wide in-
The agreement provides $29,000,000 for tion only for projects that avoid, reduce, or formation technology and cybersecurity ef-
Workforce Development for Teachers and sequester air pollutants or anthropogenic forts. Within this amount, not less than
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8375
$71,800,000 shall be for cybersecurity and se- the nation’s nuclear deterrent. Section 179 of The NNSA is encouraged to consider overall
cure information. The agreement includes title 10 of the United States Code provides a lifecycle costs and sustainment require-
$2,000,000 to continue implementation of the framework for coordination, including budg- ments for the warhead upfront and is di-
21st Century IDEA (Public Law 15–336). et request development, between the depart- rected to brief the Committees on Appropria-
Consistent with previous direction in the ments using the Nuclear Weapons Council tions of both Houses of Congress quarterly
Senate Report for fiscal year 2020, the De- while recognizing the Department of Ener- on these efforts. The agreement also directs
partment is directed to continue to imple- gy’s independence in developing its budget the NNSA to conduct an analysis of alter-
ment the CIO Business Operations Support request. The agreement supports this long- natives that specifically addresses ways of
Services (CBOSS) program to maximize standing framework and encourages the De- meeting design and manufacturing needs of
meeting the multiple mission requirements partment to assess opportunities to improve allies that accounts for work completed as
and support the Department’s critical cyber- coordination as appropriate. Further, the part of recent and ongoing LEPs and Alter-
security mission. agreement strongly encourages better co- ations and to provide the analysis of alter-
Artificial Intelligence and Technology Of- ordination between the Department and the natives not later than 180 days after enact-
fice.—The agreement provides $2,500,000 for National Nuclear Security Administration ment of this Act.
personnel expenses related to coordination of during its budget formulation process. B83 Sustainment.—The agreement provides
artificial intelligence and technology activi- Project Management.—Concerns remain not more than $30,795,000 and directs the
ties and does not provide funding for pro- with NNSA’s ability to properly estimate NNSA to ensure the Committees on Appro-
grammatic purposes. The Department is di- costs and timelines for large projects. The priations of both Houses of Congress receive
rected to continue programmatic activities NNSA is encouraged to assess current per- periodic and timely briefings concerning the
regarding artificial intelligence and machine formance on projects costing more than status of sustainment efforts. Concerns per-
learning related to the Department’s mission $750,000,000, and to make appropriate project sist about the feasibility of maintaining the
through the appropriate program offices, and management changes. The agreement fur- B83–1 in the stockpile without deferring key
the Secretary is directed to lead coordina- ther encourages the NNSA to identify prob- maintenance activities and at reduced fund-
tion of all program offices across the Depart- lems in cost and schedule estimates early, ing levels. At the same time, there is con-
ment. No further direction is provided. and to provide updated information to the cern that the continued retention of the B83–
Economic Impact and Diversity.—The agree- Committees on Appropriations of both 1 may necessitate eventual modifications to
ment provides $10,169,000 for Economic Im- Houses of Congress in a timely manner. the warhead. Such modifications would com-
pact and Diversity and reiterates House di- Integrated University Program.—The Sec- pete for resources with other ongoing and
rection regarding a STEM reporting require- retary is directed to carry out the require- planned nuclear weapons modernization and
ment. ments of the Integrated University Program development efforts. Accordingly, the agree-
Other Departmental Administration.—The in support of university research and devel- ment directs NNSA, with the assistance of
agreement provides $5,000,000 above the budg- opment in areas relevant to the NNSA’s mis- the Nuclear Weapons Council (NWC) if nec-
et request for the Office of Technology Tran- sion. Within available funds, the agreement essary, to report to the Committees on Ap-
sitions for a competitive funding oppor- provides not less than $5,000,000 for the Inte- propriations of both Houses of Congress not
tunity for incubators supporting energy in- grated University Program to cultivate the later than 90 days of enactment of this Act
novation clusters, with requirements as out- next generation of leaders in nonprolifera- on the following: current surveillance find-
lined in the House report. The agreement re- tion, nuclear security, and international se- ings regarding the B83–1, to include the re-
iterates House direction regarding a report- curity. The Department is directed to re- sults of the past three annual assessments
ing requirement on the value of creating a quest funding for this program in future and any identified limitations of the weapon;
nonprofit foundation. The agreement pro- budget years. Funding for this program shall the estimated cost to maintain the B83–1 be-
vides $1,700,000 within available funds for the not come from prior year funds. The NNSA is yond its originally planned retirement date
Office of Policy to complete a U.S. energy directed to provide a report annually with and a discussion of potential schedule im-
employment report, with requirements as the budget request that lists all the univer- pacts to other weapons programs; a discus-
outlined in the House report. The Depart- sity programs requested, the recommended sion of suitable replacements that the NWC
ment is directed to produce and release this funding level, and the value that program has considered for the B83–1, to include the
report annually. provides the NNSA. B61–12s or the B61–11s soon to be or already
The agreement provides $24,918,000 for the in the stockpile, as well as missile warheads.
WEAPONS ACTIVITIES
Chief Human Capital Officer, $35,000,000 for The agreement further directs that NNSA
The agreement provides $15,345,000,000 for submit the report to the Comptroller Gen-
the Office of General Counsel, and $7,000,000 Weapons Activities.
for the Office of Policy. The agreement in- eral at the same time that it submits it to
The agreement reiterates House direction the Committees on Appropriations of both
cludes $13,000,000 for Project Management regarding an Integrated Priorities Report.
Oversight and Assessments and reiterates Houses of Congress, and that the Govern-
The agreement reiterates House direction ment Accountability Office review the report
House direction regarding addressing GAO’s regarding the Joint Nuclear Weapons
high-risk concerns. and brief the Committees on its observations
Lifecycle Process. not later than 90 days after receipt.
OFFICE OF THE INSPECTOR GENERAL The agreement reiterates direction in- Production Modernization.—The agreement
The agreement provides $57,739,000 for the cluded in the fiscal year 2020 Act concerning reiterates House direction regarding sus-
Office of the Inspector General. The Depart- external peer review of non-nuclear compo- taining beryllium and graphite capabilities.
ment is directed to provide to the Commit- nents and subsystems. The agreement reiterates House direction
tees on Appropriations of both Houses of The agreement reiterates House direction to establish a Center of Excellence.
Congress not later than 90 days after enact- regarding a briefing on domestic uranium Plutonium Pit Production.—The agreement
ment of this Act a five-year staffing and pro- enrichment. A separate control point is in- reiterates House direction regarding pluto-
gram plan necessary to achieve its audit, in- cluded for HEU downblending. nium pit production and clarifies that the
spection, and investigative mission. W93 Modernization Activity.—The agree- plan to complete a resource-loaded inte-
ment includes funding for the initial studies grated master schedule shall include all pit
ATOMIC ENERGY DEFENSE ACTIVITIES
to evaluate the W93 warhead. Prior to obli- production-related project and program ac-
NATIONAL NUCLEAR SECURITY gating funds, the NNSA, in coordination tivities that shall provide additional details
ADMINISTRATION with the Department of Defense as nec- within high-level milestones for projects
The agreement provides $19,732,200,000 for essary, shall brief the Committees on Appro- based on GAO best practices. The NNSA is
the National Nuclear Security Administra- priations of both Houses of Congress on the directed to continue to provide a clear
tion (NNSA). NNSA’s plan to study and conduct the Phase breakout of costs for activities in future
The agreement includes funding for recapi- 1 Concept Assessment. The plan shall include budget requests and to include in future
talization of the nuclear weapons infrastruc- a timeline with projected milestones for budget requests a breakdown of manpower
ture, while modernizing and maintaining the completion. The NNSA shall ensure the Com- needs for pit production and all support func-
nuclear deterrent without the need for un- mittees are apprised in a transparent and tions. The agreement includes not less than
derground testing. Recapitalizing the nu- timely manner regarding the status of this $7,000,000 for workforce development and
clear security enterprise is among our most activity. Upon completion of Phase 1 and training for Historically Black Colleges and
important national security priorities. prior to entering Phase 2, the NNSA shall Universities, Hispanic Serving Institutions,
The NNSA Act clearly lays out the func- brief the Committees on Appropriations of and Tribal Colleges and Universities in
tions of the NNSA and gives the Adminis- both Houses of Congress on the results of South Carolina and New Mexico to support
trator authority over, and responsibility for, Phase I Concept Assessment. The W93 pro- pit production. The agreement also includes
those functions. The agreement again directs gram provides a unique opportunity to influ- $8,000,000 for next-generation machining and
that no funds shall be used to reorganize, re- ence the way the stockpile is managed in the assembly technology development for high
classify, or study combining any of those future. The schedule for the Life Extension volume pit production.
functions with the Department. Programs (LEPs) currently underway is Pit and Plutonium Aging.—There is concern
Coordination between the Department of largely driven by obsolescence and the mate- with the apparent lack of focus on advancing
Energy and the Department of Defense is rial condition of the warheads, which has knowledge regarding pit and plutonium
critical given the joint responsibilities for created a bow wave with limited flexibility. aging since the JASONs conducted its first
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H8376 CONGRESSIONAL RECORD — HOUSE December 21, 2020
study in 2006. Given the future needs of the Appropriations of both Houses of Congress ments to improve capabilities to train first
nation’s nuclear deterrent, a robust program not later than 90 days of enactment of this responders, National Guard specialized units,
of research and experimentation is needed. Act on its plans to work with the Office of and other experts in nuclear operations, safe-
Therefore, NNSA is directed to develop a Science to incorporate additional capabili- guards, cyber, and emergency operations.
comprehensive, integrated ten-year research ties in the planned upgrades at LCLS and Material Management and Minimization.—
program for pit and plutonium aging that APS that will address NNSA mission needs Within amounts for Laboratory and Partner-
represents a consensus program among the to interrogate the behavior of materials at ship Support, $50,000,000 is for the competi-
national laboratories and federal sponsors. length and timescales necessary to study tively-awarded funding opportunity to expe-
Such a plan shall include estimated cost of materials aging and modern manufacturing dite the establishment of a stable domestic
ongoing research, new or upgraded capability methods. source of Mo–99 without the use of highly en-
needs, and key near-, mid-, and long-range Uranium Reserve.—In lieu of all direction riched uranium that was directed in the En-
milestones. The plan shall be submitted to on the Uranium Reserve program, the agree- ergy and Water Development and Related
the Committees on Appropriations of both ment provides $75,000,000 in the Weapons Ac- Agencies Appropriations Act, 2020, and
Houses of Congress not later than 180 days tivities account. NNSA is directed to coordi- $10,000,000 is to facilitate interactions be-
after enactment of this Act. nate with and support the Office of Nuclear tween the national laboratories, production
Purified Uranium.—Concerns persist that Energy in the development and implementa- facilities, and the private sector in this area.
the NNSA’s current plan is ahead of need and tion of the program. Further, the Depart- The agreement reiterates House direction re-
may not be the most efficient course of ac- ment is directed to submit to the Commit- garding a plan on Mo–99.
tion. The agreement directs the NNSA to tees on Appropriations of both Houses of DNN R&D.—The agreement includes
perform a business case analysis to include Congress not later than 30 days after enact- $15,000,000 for University Consortia and Non-
the capabilities of the national laboratories ment of this Act a plan for the proposed es- proliferation Steward. The agreement in-
and plants to confirm the best value source tablishment of a uranium reserve. The plan cludes House direction regarding evaluating
is being used and to continue efforts to ma- shall include the legal authorities in place or a nuclear materials processing testbed.
ture and deploy direct electrolytic reduction needed to establish and operate a uranium Funding is provided above the request to ad-
technology. reserve, including the purchase, conversion, vance U.S. capabilities to detect and charac-
Science.—Within amounts for Academic Al- and sale of uranium; a ten-year implementa- terize low yield and evasive underground nu-
liances, $5,000,000 shall be for Tribal Colleges tion plan of the activities for establishment clear explosions and weaponization activi-
and Universities and $35,000,000 shall be for and operations of a uranium reserve; and a ties.
the Minority Serving Institutions and Part- ten-year cost estimate. The plan shall also NAVAL REACTORS
nership Program. The agreement encourages include recommendations for ways to con- (INCLUDING TRANSFER OF FUNDS)
continued research in High Energy Density solidate this program with other existing The agreement provides $1,684,000,000 for
Plasmas and recognizes the partnerships be- uranium management activities within the Naval Reactors.
tween laboratories and research universities Department to create efficiencies. The agreement fully funds important na-
to address the critical need for skilled grad- Infrastructure & Operations.—The NNSA is tional priorities, including the Columbia-
uates to replace an aging workforce at NNSA directed to proceed with early planning to class replacement submarine design, the pro-
laboratories. The agreement provides reach CD–1 for the Heterogeneous Integra- totype refueling, and the Spent Fuel Han-
$8,700,000 for the Joint Program in High En- tion Facility and to keep the Committees on dling Recapitalization Project. Naval Reac-
ergy Density Laboratory Plasmas in Aca- Appropriations of both Houses of Congress tors currently relies on highly enriched ura-
demic Programs. informed of any delays or additional funding nium from weapons that have been removed
Enhanced Capabilities for Subcritical Experi- requirements to meet CD–1. The agreement from the stockpile to fuel the Navy’s aircraft
ments.—In lieu of House direction, the agree- includes direction for NNSA’s Office of Nu- carriers and submarines. Naval Reactors is
ment directs the NNSA to brief the Commit- clear Materials Integration to develop a plan encouraged to continue working with the
tees on Appropriations of both Houses of and cost estimate to establish an analytical NNSA to ensure there is a long-term plan
Congress not later than 90 days after enact- testing lab in partnership with NNSS. The that meets the Navy’s needs for highly en-
ment of this Act on the status of the updated agreement recognizes that trusted micro- riched uranium.
performance baseline and a contingency plan electronics are a national security priority Naval Reactors Development.—With the com-
if ECSE is not completed on the current and continues to support plans to upgrade pletion of the Columbia-class and the S8G
schedule. the capability for producing trusted and Prototype Refueling on the horizon, it is im-
Inertial Confinement Fusion and High strategic radiation-hardened microelec- portant for Naval Reactors to have a solid
Yield.—Within available funds, not less than tronics to ensure the safety, security, reli- research and development plan for the fu-
$349,000,000 is for the National Ignition Facil- ability, and effectiveness of the nation’s nu- ture. Naval Reactors is directed to provide to
ity, not less than $82,000,000 is for OMEGA, clear deterrent. the Committees on Appropriations of both
not less than $66,900,000 is for the Z Facility, Defense Nuclear Security.—The NNSA is en- Houses of Congress not later than 90 days
and not less than $6,000,000 is for the NIKE couraged to complete CD–1 and proceed expe- after the enactment of this Act a report on
Laser at the Naval Research Laboratory. To ditiously to construction for Project 17—D– its current and planned research and devel-
help address target procurement issues, the 710, West End Protected Area Reduction, Y– opment activities.
agreement directs not less than $31,000,000 is 12. S8G Prototype Refueling.—On-time comple-
to be provided by the NNSA to target ven- tion of the prototype refueling is important
DEFENSE NUCLEAR NONPROLIFERATION
dors for target research, development, and to demonstrating technology advancements
fabrication to cost-effectively operate the The agreement provides $2,260,000,000 for for fleet application. Therefore, the agree-
NIF, Z, and OMEGA Facilities. Defense Nuclear Nonproliferation. ment fully funds the budget request and di-
Advanced Simulation and Computing.—With- The agreement provides not less than rects Naval Reactors to ensure continued
in funds provided for Advanced Simulation $5,000,000 for research and engagement on ap- focus on this high priority until all refueling
and Computing, $25,000,000 shall be for re- plications of nuclear security, safeguards, activities are finished.
search in, leading to the development of, and export controls for advanced nuclear re-
FEDERAL SALARIES AND EXPENSES
memory technologies that will drive 40X per- actor designs.
The Committee directs NNSA to cooperate The agreement provides $443,200,000 for
formance gains beyond that achieved by
and support the Office of Nuclear Energy in Federal Salaries and Expenses.
exascale computing systems for critical mis- The agreement reiterates House direction
sion applications. The Department is di- developing safeguards concepts, policies, and
technologies to address the proliferation regarding developing a plan for expedited
rected to brief the Committees on Appropria- hiring. The agreement recognizes the impor-
tions of both Houses of Congress not later challenges unique to advanced nuclear reac-
tors. Further, NNSA shall work with the Nu- tance of recruiting and retaining the highly
than 90 days after the enactment of this Act skilled personnel needed to meet NNSA’s im-
detailing how this money will be spent. clear Regulatory Commission and the na-
tional laboratories and industry to ensure portant mission. The NNSA is directed to
Stockpile Responsiveness Program.—The
the implementation of ‘‘safeguards-by-de- continue providing monthly updates on the
agreement reiterates House direction on this
sign’’ features in advanced nuclear reactors. status of hiring and retention.
program.
Weapons Technology and Manufacturing Domestic Radiological Security.—Within ENVIRONMENTAL AND OTHER DEFENSE
Maturation.—The agreement provides available funds, not less than $65,000,000 is ACTIVITIES
$10,000,000 within Advanced Manufacturing for the Cesium Irradiator Replacement Pro- DEFENSE ENVIRONMENTAL CLEANUP
Development to improve manufacturing and gram. Within this amount, $30 million is to The agreement provides $6,426,000,000 for
safety. address recovery and decontamination ef- Defense Environmental Cleanup. Within
Partnerships with the Office of Science.—The forts associated with the container breach available funds, the Department is directed
NNSA is strongly encouraged to develop ad- and release of material in Seattle, Wash- to fund the hazardous waste worker training
ditional partnerships with the Office of ington on May 2, 2019. Within available program at $10,000,000.
Science to utilize the Advanced Photon funds, the agreement encourages the Y–12 Future Budgets Requests.—The agreement
Source (APS) and Linac Coherent Light National Security Complex’s Nuclear and directs the Department to include out-year
Source (LCLS) x-ray light sources. The Radiological Field Training Center to part- funding projections in the annual budget re-
NNSA is directed to brief the Committees on ner with interested State or local govern- quest for Environmental Management and an
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8377
estimate of the total cost and time to com- Oak Ridge Reservation.—Additional funds $5,000,000 is provided for work on qualifica-
plete cleanup at each site. above the budget request are recommended tion, testing and research to advance the
Richland.—Additional funding is provided to address the growing backlog of deferred state-of-the-art on containment ventilation
to continue cleanup of the 300–296 waste site maintenance associated with Environmental systems; and not less than $5,000,000 is rec-
under the 324 Building; increased surveil- Management owned facilities. The Depart- ommended to fund the existing cooperative
lance and maintenance and risk reduction ment should also focus on the cleanup of ex- agreement with the Consortium for Risk
activities associated with legacy waste sites cess contaminated facilities, many of which Evaluation with Stakeholder Participation.
as recommended in the February 2020 Gov- are on the Department’s list of high-risk fa- The agreement supports the Department’s
ernment Accountability Office Report; and cilities, to reduce threats to worker safety efforts to expand technology development
community and regulatory support. Within and health and to provide for future use, in- and demonstration to address its long-term
available funds for Central Plateau Remedi- cluding remaining cleanup at the biology and technically complex cleanup challenges.
ation, not less than $28,000,000 is provided for complex. Remediation of mercury contami- OTHER DEFENSE ACTIVITIES
groundwater remediation and site critical nation is an important precursor to full site The agreement provides $920,000,000 for
infrastructure. The agreement also includes remediation. Reducing the mercury being re- Other Defense Activities. With respect to
$2,500,000 to develop in-depth plans and proc- leased into the East Fork of Poplar Creek Order 140.1, concerns persist with the Depart-
esses for the permanent off-site removal of continues to be among the highest priorities ment’s continued desire to reshape, often
Sr–90 capsules currently stored at the West for the site. without merit, the Department’s inter-
Encapsulation and Storage Facility. Fur- The agreement provides $5,900,000 for Com- actions with the Defense Nuclear Facilities
ther, within available funds, the agreement munity and Regulatory Support but notes Safety Board. Additionally, concerns persist
provides not less than $8,500,000 for the Haz- the Department has not provided the work regarding the Department’s Order 140.1, and
ardous Materials Management and Emer- plan from the State of Tennessee. Continued the Department is directed to brief the Com-
gency Response facilities. funding is contingent upon measurable mittees on Appropriations of both Houses of
The Department is directed to carry out progress in review and disposition of regu- Congress not later than 30 days after the en-
maintenance and public safety efforts at his- latory documents necessary for cleanup at actment of this Act on the revised Order.
torical sites, including the B Reactor. This the site. The agreement also provides Further, the Department is directed to work
includes facility improvements needed to ex- $55,000,000 for disposition of material in with the Board to establish a bilateral
pand public access and interpretive pro- Building 3019 and supports the Department’s Memorandum of Understanding between the
grams. None of the Richland Operations current approach to expedite the disposition two agencies to assure operational interface
funds shall be used to directly carry out using a public-private partnership that will issues between the two agencies are fully re-
waste removal or treatment activities within reduce the overall cost of cleanup. The U–233 solved.
the Office of River Protection’s tank farms. Disposition Program must remain a high pri- Within available funds for Environment,
Office of River Protection.—Funds above the ority for the site. Health, Safety and Security, the agreement
budget request are provided to continue tank Concerns persist regarding the delays in provides not less than $1,000,000 for the Epi-
waste retrievals and design and construct fa- issuing the Record of Decision for the new demiologic Study of One Million U.S. Radi-
cilities necessary to meet near-term waste landfill and notes the Department has not ation Workers and Veterans, which was
treatment goals. Funds are also provided to provided the results of the evaluation of the originally approved by the Office of Science
resume full engineering, procurement, and cost of onsite disposal compared to the off- in 2012.
construction work on the High-Level Waste The agreement includes $12,000,000 above
site disposal, and the economic impact to the
the budget request for targeted investments
Treatment Facility and to ensure compli- local community. The Department is di-
to defend the U.S. energy sector against the
ance with the 2016 Consent Decree and Tri- rected to brief the Committees on Appropria-
evolving threat of cyber and other attacks in
Party Agreement milestones. Funds that tions of both Houses of Congress on this support of the resiliency of the nation’s elec-
support the Waste Treatment Plant project topic not later than 30 days after the enact- tric grid and energy infrastructure.
are provided separately for: 1) Low-Activity ment of this Act.
Waste Treatment Facility, Analytical Lab- The Department is reminded that comple- POWER MARKETING ADMINISTRATIONS
oratory, and Balance of Facilities; 2) High- tion of preparations for hot cell processing The agreement recognizes the important
Level Waste Treatment Facility; 3) Pre- and the start of hot cell processing and con- role the Power Marketing Administrations
Treatment Facility; and 4) Low Activity tinued extraction of Thorium–229 must re- [PMAs] play in delivering affordable power,
Waste Pretreatment System. The Depart- main a priority. maintaining grid reliability, and supporting
ment shall not move forward with placing Savannah River Site.—The agreement pro- the Nation’s federal multi-purpose water
the High-Level Waste Treatment Facility vides $1,531,659,000 for the Savannah River projects. The Department’s request to divest
and Pre-Treatment Facility into preserva- Site, an increase of $75,887,000 from fiscal the transmission assets of the Bonneville
tion mode for any length of time. year 2020. Within available funds, not less Power Administration, Southwestern Power
The agreement notes that the budget re- than $3,000,000 is for disposition of spent fuel Administration, and Western Area Power
quest does not include funding for low level from the High Flux Isotope Reactor. Within Administration could increase costs for mil-
waste offsite disposal but that fiscal year available funds for Risk Management Oper- lions of consumers, decrease grid reliability,
2020 funds are still available for this purpose. ations, the agreement provides $5,000,000 for and reduce services to rural communities. No
Accordingly, the recommendation provides remediation of the D-Area and $20,000,000 for funds are recommended to divest trans-
no new funds for this effort and the Depart- H-Canyon operations. mission assets of the PMAs. Further, the
ment shall provide notification to the Com- Waste Isolation Pilot Plant (WIPP).—The agreement reminds the Department of the
mittee if any additional funds are proposed agreement supports the continued mod- prohibition on studying transfer of PMA as-
for this project, including the amount and ernization of underground equipment to sets, included in the Urgent Supplemental
source of funds. zero-emission battery-electric vehicles or Appropriations Act, 1986 (Public Law 99–349).
The Department is reminded that meeting very low emission equipment. BONNEVILLE POWER ADMINISTRATION FUND
the Consent Decree milestone for operations The agreement does not include funding The agreement provides no appropriation
of Direct Feed Low Activity Waste must re- for infrastructure improvements as outlined for the Bonneville Power Administration,
main the Department’s top focus within the in the House report but directs the Depart- which derives its funding from revenues de-
Office of River Protection. ment provide a report to the Committees on posited into the Bonneville Power Adminis-
Idaho Site.—The agreement includes House Appropriations of both Houses of Congress tration Fund.
direction regarding the consideration of a not later than 90 days after the enactment of OPERATION AND MAINTENANCE, SOUTHEASTERN
university-led center. Efforts to analyze al- this Act on WIPP-related road usage and fu- POWER ADMINISTRATION
ternatives for the future of spent fuel facili- ture funding needs for this activity. The re- The agreement provides a net appropria-
ties at Idaho to include multi-purpose can- port may be coordinated with the State of tion of $0 for the Southeastern Power Ad-
isters are supported. New Mexico and shall include data from 1992 ministration.
NNSA Sites.—The agreement rejects the to 2020 that outlines WIPP-related road
OPERATION AND MAINTENANCE,
proposed rescission of funds previously di- usage compared to other heavy road users,
SOUTHWESTERN POWER ADMINISTRATION
rected to address high-risk and legacy con- including the oil and gas industry and how
tamination at Lawrence Livermore National previously appropriated funding for these ac- The agreement provides a net appropria-
Laboratory. The Department has not yet tivities were used. The report should also in- tion of $10,400,000 for the Southwestern
submitted the ten-year plan for decommis- clude a plan for future funding including spe- Power Administration. To ensure sufficient
sioning excess facilities at Livermore and is cific cost estimates for each road, highway, authority to meet purchase power and wheel-
directed to provide the report expeditiously and location planned for improvement. ing needs, the agreement includes $19,000,000
to enable Congressional oversight. Technology Development and Demonstra- above the level credited as offsetting collec-
Within the funds provided for Los Alamos tion.—Within available funds, $5,000,000 is tions by the Congressional Budget Office.
National Laboratory, the agreement pro- provided for the National Spent Nuclear Fuel CONSTRUCTION, REHABILITATION, OPERATION
vides $3,394,000 for continued support of Mis- Program to address issues related to storing, AND MAINTENANCE, WESTERN AREA POWER
cellaneous Programs and Agreements in transporting, processing, and disposing of ADMINISTRATION
Principle. The agreement also provides Department-owned and managed spent nu- The agreement provides a net appropria-
$6,000,000 for well R–72. clear fuel, with additional House direction; tion of $89,372,000 for the Western Area Power
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H8378 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Administration. To ensure sufficient author- participation of states on the topic of im- GENERAL PROVISIONS—DEPARTMENT
ity to meet purchase power and wheeling proving dam safety. OF ENERGY
needs, the agreement includes $20,000,000 FERC is directed to submit to the Commit- (INCLUDING TRANSFER OF FUNDS)
above the level credited as offsetting collec- tees on Appropriations of both Houses of
tions by the Congressional Budget Office. The agreement includes a provision prohib-
Congress not later than 180 days after enact-
iting the use of funds provided in this title to
FALCON AND AMISTAD OPERATING AND ment of this Act a report detailing how it
initiate requests for proposals, other solici-
MAINTENANCE FUND will establish and operate the Office of Pub-
tations, or arrangements for new programs
The agreement provides a net appropria- lic Participation required under section 319
or activities that have not yet been approved
tion of $228,000 for the Falcon and Amistad of the Federal Power Act, beginning in fiscal
and funded by Congress; requires notification
Operating and Maintenance Fund. year 2022. As part of the report, FERC shall
or a report for certain funding actions; pro-
provide an organizational structure and
FEDERAL ENERGY REGULATORY COMMISSION hibits funds to be used for certain multi-year
budget for the office sufficient to carry out
SALARIES AND EXPENSES ‘‘Energy Programs’’ activities without noti-
its statutory obligations. The report shall
fication; and prohibits the obligation or ex-
The agreement provides $404,350,000 for the assume that funding for the Office of Public
penditure of funds provided in this title
Federal Energy Regulatory Commission Participation will be derived through annual
through a reprogramming of funds except in
(FERC). Revenues for FERC are set to an charges and filing fees as authorized by the
certain circumstances. The notification re-
amount equal to the budget authority, re- Federal Power Act and the Omnibus Budget
quirements in the provision also apply to the
sulting in a net appropriation of $0. Reconciliation Act of 1986.
modification of any grant, contract, or Other
Interregional transmission planning is im- Interstate Pipeline Reliability.—On Sep- Transaction Agreement where funds are allo-
portant to the effective deployment of re- tember 23, 2020, the Government Account- cated for new programs, projects, or activi-
newable energy sources, and FERC is encour- ability Office (GAO) published a report, ties not covered by a previous notification.
aged to undertake a review to evaluate the Interstate Transportation of Natural Gas Is
The agreement includes a provision au-
effectiveness of its existing interregional Generally Reliable, but FERC Should Better
thorizing intelligence activities of the De-
transmission coordination requirements and Identify and Assess Emerging Risks (GAO–20–
partment of Energy for purposes of section
consider specific improvements to those re- 658), which recommended FERC use all avail-
504 of the National Security Act of 1947.
quirements that would better promote the able information to identify and assess risks
identification and development of more effi- to the reliability of natural gas transmission The agreement includes a provision prohib-
cient and cost-effective transmission facili- service and to develop and document appro- iting the use of funds in this title for capital
ties and cost allocation methodologies that priate responses to service disruptions. construction of high hazard nuclear facili-
reflect the multiple benefits provided by FERC is directed to provide the Committees ties, unless certain independent oversight is
interregional transmission facilities. on Appropriations of both Houses of Con- conducted.
FERC is encouraged to prioritize meaning- gress not later than 60 days after enactment The agreement includes a provision prohib-
ful opportunities for public engagement and of this Act a briefing on implementation of iting the use of funds in this title to approve
coordination with state and local govern- GAO’s recommendations. Further, FERC, in critical decision-2 or critical decision-3 for
ments in the federal permitting and review consultation with state regulators and the certain construction projects, unless a sepa-
processes of energy infrastructure proposals. Pipeline and Hazardous Materials Safety Ad- rate independent cost estimate has been de-
Specifically, review processes should remain ministration, is directed to submit to the veloped for that critical decision.
transparent and consistent, and ensure the Committees not later than 120 days after en- The agreement includes a provision regard-
health, safety, and security of the environ- actment of this Act a report on broader ef- ing authority to release refined petroleum
ment and each affected community. forts to work with natural gas pipeline oper- product from the Strategic Petroleum Re-
Dam safety is a critical part of FERC’s hy- ators to ensure the reliability of the inter- serve.
dropower program and a shared responsi- state natural gas pipeline system and in- The agreement includes a provision regard-
bility with the states. FERC is encouraged clude any statutory or regulatory barriers to ing environmental stewardship and endan-
to conduct a technical conference with the achieving this goal. gered species recovery efforts.
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H8422 CONGRESSIONAL RECORD — HOUSE December 21, 2020
TITLE IV—INDEPENDENT AGENCIES The agreement reiterates House direction after the enactment of this Act a report on
APPALACHIAN REGIONAL COMMISSION regarding a formal report on funding di- the preparedness for accident tolerant fuel
rected to persistent poverty counties and licensing with a focus on what steps are
The agreement provides $180,000,000 for the
high poverty areas. being taken to ensure that licensing activi-
Appalachian Regional Commission (ARC).
NORTHERN BORDER REGIONAL COMMISSION ties, including higher burnup and enrich-
The following is the only direction for the
ment, support projected deployment sched-
Appalachian Regional Commission. The agreement provides $30,000,000 for the
ules.
The agreement includes the budget request Northern Border Regional Commission.
Digital Technologies.—The agreement di-
proposal to address the substance abuse cri- Within available funds, not less than
rects the Commission to provide to the Com-
sis that disproportionally affects Appa- $4,000,000 is for initiatives that seek to ad-
mittees on Appropriations of both Houses of
lachia. dress the decline in forest-based economies
Congress not later than 30 days after the en-
Within available funds, not less than throughout the region, $1,000,000 is for the
actment of this Act a briefing on the
$15,000,000 is for counties within the North- State Capacity Building Grant Program, and
progress of its efforts to enable safe and effi-
ern Appalachian region to support economic $5,000,000 is for broadband initiatives. The
cient design options that allow licensees to
development, manufacturing, and entrepre- agreement reiterates House direction regard-
deploy digital technologies.
neurship. ing a formal report on funding directed to Commission Workforce.—Not later than 30
Within available funds, $55,000,000 is for the persistent poverty counties and high poverty days after the enactment of this Act, the
POWER+ Plan. areas. Commission shall provide to the Committees
Within available funds $10,000,000 is pro- SOUTHEAST CRESCENT REGIONAL COMMISSION on Appropriations of both Houses of Con-
vided to continue the program of high-speed gress a briefing on its efforts to maintain its
For expenses necessary for the Southeast
broadband deployment in distressed counties workforce, including recruiting, hiring, and
Crescent Regional Commission in carrying
within the Central Appalachian region that training scientists and engineers to meet its
out activities authorized by subtitle V of
have been most negatively impacted by the mission today and in the future.
title 40, United States Code, $1,000,000 to re-
downturn in the coal industry. The agree- Inspectors.—The agreement encourages the
main available until expended.
ment provides $5,000,000 for a program of Commission to use its existing regulatory
high-speed broadband deployment in eco- SOUTHWEST BORDER REGIONAL COMMISSION
authority to assign resident inspectors at
nomically distressed counties within the For expenses necessary for the Southwest nuclear power plants while the plant is in
North Central and Northern Appalachian re- Border Regional Commission in carrying out the fuel handling and transfer phases of de-
gions. activities authorized by subtitle V of title 40, commissioning.
Within available funds, not less than United States Code, $250,000 to remain avail-
$16,000,000 is for a program of industrial site able until expended. The Administration is
and workforce development in Southern and encouraged to promptly appoint a Federal
(Dollars in thousands)
South Central Appalachia, focused primarily Co-Chair in order to establish key partner-
on the automotive supplier sector and the ships with local communities, improve eco- Account Final Bill
aviation sector. Up to $13,500,000 of that nomic conditions and travel along the south-
amount is for activities in Southern Appa- west border, and to consider opportunities to Nuclear Reactor Safety .............................................................. $452,849
Integrated University Program ................................................... 16,000
lachia. The funds shall be distributed to establish a regional presence in or near Nuclear Materials and Waste Safety ......................................... 102,864
states that have distressed counties in major inland ports of entry. Decommissioning and Low-Level Waste .................................... 22,771
Southern and South Central Appalachia Corporate Support ...................................................................... 271,416
NUCLEAR REGULATORY COMMISSION Use of Prior-Year Balances ....................................................... ¥35,000
using the ARC Area Development Formula.
SALARIES AND EXPENSES
Within available funds, $16,000,000 is for a Total, Nuclear Regulatory Commission ................................. 830,900
program of basic infrastructure improve- The agreement provides $830,900,000 for the
ments in distressed counties in Central Ap- Nuclear Regulatory Commission. This OFFICE OF INSPECTOR GENERAL
palachia. Funds shall be distributed accord- amount is offset by estimated revenues of The agreement provides $13,499,000 for the
ing to ARC’s distressed counties formula and $710,293,000, resulting in a net appropriation Office of Inspector General in the Nuclear
shall be in addition to the regular allocation of $120,607,000. Regulatory Commission. This amount is off-
to distressed counties. Unobligated Balances from Prior Appropria- set by revenues of $11,106,000, resulting in a
The agreement reiterates House direction tions and Reprogramming Guidelines.—The net appropriation of $2,393,000.
regarding a formal report on funding di- Commission carries unobligated balances The agreement provides $1,206,000 to pro-
rected to persistent poverty counties and from appropriations received in prior years. vide inspector general services for the De-
high poverty areas. The agreement requires the use of $35,000,000 fense Nuclear Facilities Safety Board.
of these balances, derived from fee-based ac-
DEFENSE NUCLEAR FACILITIES SAFETY BOARD NUCLEAR WASTE TECHNICAL REVIEW BOARD
tivities. The Commission is directed to apply
SALARIES AND EXPENSES SALARIES AND EXPENSES
these savings in a manner that continues to
The agreement provides $31,000,000 for the ensure the protection of public health and The agreement provides $3,600,000 for the
Defense Nuclear Facilities Safety Board. The safety and maintains the effectiveness of the Nuclear Waste Technical Review Board.
Board is directed to ensure a minimum of 110 current inspection program. Because the GENERAL PROVISIONS—INDEPENDENT
full-time equivalents are on board or report Commission has already collected fees cor- AGENCIES
to the Committees on Appropriations of both responding to these activities in prior years,
Houses of Congress why it was unable to do The agreement includes a provision in-
the agreement does not include these funds structing the Nuclear Regulatory Commis-
so. The agreement reiterates House direction within the fee base calculation for deter-
regarding a Memorandum of Understanding sion on responding to congressional requests
mining authorized revenues and does not for information.
between the Board and the Department of provide authority to collect additional off-
Energy. The agreement includes a provision relat-
setting receipts for their use. Any remaining ing to reprogramming.
DELTA REGIONAL AUTHORITY unobligated balances carried forward from
prior years are subject to the reprogramming TITLE V—GENERAL PROVISIONS
SALARIES AND EXPENSES
guidelines in section 402 of this Act and shall (INCLUDING TRANSFER OF FUNDS)
The agreement provides $30,000,000 for the
be used only to supplement appropriations The agreement includes a provision relat-
Delta Regional Authority.
consistent with those guidelines. ing to lobbying restrictions.
Within available funds, the agreement in-
Integrated University Program.—The Com- The agreement includes a provision relat-
cludes not less than $15,000,000 for flood con-
mission is directed to use $16,000,000 of prior- ing to transfer authority. No additional
trol, basic public infrastructure development
year, unobligated balances for the Integrated transfer authority is implied or conveyed by
and transportation improvements, which
University Program, of which, $5,500,000 shall this provision. For the purposes of this pro-
shall be allocated separate from the state
be for grants to support research projects vision, the term ‘‘transfer’’ shall mean the
formula funding method.
that do not align with programmatic mis- shifting of all or part of the budget authority
The agreement reiterates House direction
sions but are critical to maintaining the dis- in one account to another. In addition to
regarding a formal report on funding di-
cipline of nuclear science and engineering. transfers provided in this Act or other appro-
rected to persistent poverty counties and
Because the Commission has already col- priations Acts, and existing authorities, such
high poverty areas.
lected fees corresponding to these activities as the Economy Act (31 U.S.C. 1535), by
The agreement does not include a statu-
in previous years, the agreement does not in- which one part of the United States Govern-
tory waiver with regard to DRA’s priority of
clude these funds within the fee base calcula- ment may provide goods or services to an-
funding, and directs DRA to focus on activi-
tion for determining authorized revenues and other part, this Act allows transfers using
ties relating to basic public infrastructure
does not provide authority to collect addi- section 4705 of the Atomic Energy Defense
and transportation infrastructure before al-
tional offsetting receipts for their use. Act (50 U.S.C. 2745) and 15 U.S.C. 638 regard-
locating funding toward other priority areas.
Accident Tolerant Fuels Program.—The ing SBIR/STTR.
DENALI COMMISSION agreement directs the Commission to submit The agreement includes a provision prohib-
The agreement provides $15,000,000 for the to the Committees on Appropriations of both iting funds to be used in contravention of the
Denali Commission. Houses of Congress not later than 180 days executive order entitled ‘‘Federal Actions to
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8423
Address Environmental Justice in Minority exchanging of pornography, except for law ments for the Delta Regional Authority, the
Populations and Low-Income Populations.’’ enforcement investigation, prosecution, or Northern Border Regional Commission, and
The agreement includes a provision prohib- adjudication activities. the Denali Commission.
iting the use of funds to establish or main- The agreement includes a provision to
tain a computer network unless such net- waive requirements related to non-federal
work blocks the viewing, downloading, and cost-share grants and cooperative agree-
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H8436 CONGRESSIONAL RECORD — HOUSE December 21, 2020
DIVISION E—FINANCIAL SERVICES AND tion no later than 90 days after consultation Act, the Department is directed to report to
GENERAL GOVERNMENT APPROPRIA- with the Attorney General. In addition, the the Committees on its utilization of existing
TIONS ACT, 2021 agreement directs such agencies, to the ex- authorities to disrupt the illicit trade and fi-
The joint explanatory statement accom- tent that they are not already participating, nancing of synthetic opioids originating
panying this division is approved and indi- to consult with the Attorney General and from China, the use of online networks and
cates Congressional intent. Unless otherwise the Director of the FBI regarding participa- Internet platforms on both the dark web and
noted, the language set forth in House Re- tion in the National Use-of-Force Data Col- surface web to finance the movement of ille-
port 116-456 carries the same weight as lan- lection. The agreement further directs such gal narcotics, and any additional authorities
agencies to brief the Committees on Appro- that would assist the Department in further
guage included in this joint explanatory
priations, no later than 90 days after enact- disrupting the supply chain of illicit nar-
statement and should be complied with un-
ment of this Act, on their current efforts to cotics originating in China, including online
less specifically addressed to the contrary in
so participate. activity.
this joint explanatory statement. While
some language is repeated for emphasis, it is Nondiscrimination Report.—The agreement CYBERSECURITY ENHANCEMENT ACCOUNT
not intended to negate the language referred does not include reporting requirements on The bill provides $18,000,000 for the Cyber-
to above unless expressly provided herein. discrimination in this bill and instead in- security Enhancement Account.
Reports.—Where the House has directed cludes a similar requirement in the agree- DEPARTMENT-WIDE SYSTEMS AND CAPITAL
submission of a report, that report is to be ment accompanying the Commerce, Justice, INVESTMENTS PROGRAMS
submitted to the Committees on Appropria- and Science bill. (INCLUDING TRANSFER OF FUNDS)
tions of the House and Senate. Agencies TITLE I The bill provides $6,118,000 for the Depart-
funded by this Act that currently provide DEPARTMENT OF THE TREASURY ment-Wide Systems and Capital Investments
separate copies of periodic reports and cor- DEPARTMENTAL OFFICES Programs.
respondence to the chairs and ranking mem- OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
bers of the House and Senate Appropriations
The bill provides $233,000,000 for depart- SALARIES AND EXPENSES
Committees and Subcommittees on Finan-
cial Services and General Government are mental offices salaries and expenses. The bill provides $41,044,000 for salaries and
directed to use a single cover letter jointly Savings Bonds.—The agreement notes deep expenses of the Office of Inspector General.
addressed to the chairs and ranking members concerns that tens of billions of dollars in TREASURY INSPECTOR GENERAL FOR TAX
of the Committees and Subcommittees of matured U.S. savings bonds are presently ADMINISTRATION
both the House and the Senate. To the great- left unclaimed in the U.S. Treasury. Further, SALARIES AND EXPENSES
est extent feasible, agencies should include the Treasury Department has not taken suf- The bill provides $170,250,000 for salaries
in the cover letter a reference or hyperlink ficient action to reunite bondholders or to and expenses of the Treasury Inspector Gen-
to facilitate electronic access to the report provide the appropriate State agencies with eral for Tax Administration (TIGTA).
and provide the documents by electronic the necessary information for owners to re- Combatting Internal Revenue Service (IRS)
mail delivery. These measures will help re- deem their unclaimed bonds. Therefore, the Impersonation Scams.—TIGTA is encouraged
duce costs, conserve paper, expedite agency agreement continues all directives adopted to continue to prioritize working with the
processing, and ensure that consistent infor- by the joint explanatory statement accom- IRS to increase awareness of IRS imperson-
mation is conveyed concurrently to the ma- panying division C of the Consolidated Ap- ation scams and urges TIGTA to pursue the
jority and minority committee offices of propriations Act, 2020 (Public Law 116–93) re- criminals perpetrating this fraud.
both chambers of Congress. lating to savings bonds. SPECIAL INSPECTOR GENERAL FOR THE
Federal Law Protections for Religious Lib- Wildlife Trafficking.—The agreement carries TROUBLED ASSET RELIEF PROGRAM
erty.—On October 6, 2017, the Attorney Gen- forward the directives regarding wildlife SALARIES AND EXPENSES
eral issued a memorandum to all executive trafficking included in Senate Report 116–
The bill provides $19,000,000 for salaries and
departments and agencies titled, ‘‘Federal 111, except those directives shall apply to fis-
expenses of the Office of the Special Inspec-
Law Protections for Religious Liberty.’’ The cal year 2021.
tor General for the Troubled Asset Relief
guidance states, ‘‘to the greatest extent Ivory Poaching.—The agreement carries
Program.
practicable and permitted by law, religious forward the directives regarding ivory poach-
ing included in Senate Report 116–111, except FINANCIAL CRIMES ENFORCEMENT NETWORK
observance and practice should be reason-
those directives shall apply to fiscal year SALARIES AND EXPENSES
ably accommodated in all government activ-
ity, including [but not limited to] employ- 2021. The bill provides $126,963,000 for salaries
ment, contracting, and programming. The COMMITTEE ON FOREIGN INVESTMENT IN THE and expenses for the Financial Crimes En-
following twenty principles should guide ad- UNITED STATES FUND forcement Network (FinCEN).
ministrative agencies and executive depart- (INCLUDING TRANSFER OF FUNDS)
BUREAU OF THE FISCAL SERVICE
ments in carrying out this task. These prin- The bill provides $20,000,000 for the Com-
SALARIES AND EXPENSES
ciples should be understood and interpreted mittee on Foreign Investment in the United The bill provides $345,569,000 for salaries
in light of the legal analysis set forth in the States (CFIUS) Fund. and expenses of the Bureau of the Fiscal
appendix to this memorandum.’’ Within 90 Spending Plan.—The Department is di- Service.
days of the enactment of this Act, each agen- rected to provide a detailed accounting of The agreement includes funding to con-
cy and executive department funded by this planned expenditures of the Department and tinue implementation of the Treasury Inter-
Act is directed to report to the Committees net Connection 3.0 standard and secure
member agencies prior to obligating or
on how this guidance has been implemented. connectivity for the Bureau’s data center,
transferring amounts available in the CFIUS
This report should include any guidance, provide enhanced data encryption and sup-
fund.
rulemaking and policy updates issued by the port other critical cyber remediation efforts.
OFFICE OF TERRORISM AND FINANCIAL The agreement also includes funding to sup-
agency or department. The report should
INTELLIGENCE port the Bureau’s Quality Service Manage-
also include details on how this has influ-
enced their employment, contracts, grants, SALARIES AND EXPENSES ment Office for financial management.
and programs. The bill provides $175,000,000 for the Office Death Data.—In May 2020, the Social Secu-
Federal Law Enforcement.—The agreement of Terrorism and Financial Intelligence rity Advisory Board reiterated its rec-
notes that the explanatory statement ac- (TFI). ommendation for Congress to transfer re-
companying the Commerce, Justice, Science, Economic Sanctions and Divestments.—The sponsibility for the collection of death data
and Related Agencies Appropriations Act, Department is directed to fully implement from the Social Security Administration
2021 directs the Attorney General to ensure all sanctions and other financial measures, (SSA) to the Department of the Treasury.
implementation of evidence-based training including those applicable to designated Within 120 days of enactment of this act, the
programs on de-escalation and the use-of- rebel groups operating in and around the Bureau of Fiscal Service is directed to report
force, as well as on police-community rela- Democratic Republic of Congo and those des- to the Committees on the feasibility of shift-
tions, that are broadly applicable and scal- ignated for sanction under the Global ing responsibility for the collection and dis-
able to all Federal law enforcement agencies. Magnitsky Act. semination of death data from SSA to Treas-
The agreement further notes that several Synthetic Opioids.—The Department must ury’s Do Not Pay portal. The report should
agencies funded by this Act employ Federal remain vigilant in its efforts to monitor Chi- include projected implementation costs and
law enforcement officers and are Federal na’s implementation and enforcement of its recurring annual costs, including which
Law Enforcement Training Centers partner commitment to control the flow of illicit costs would need to be funded by direct ap-
organizations. The agreement directs such synthetic opioids trafficked to the U.S. The propriations.
agencies to consult with the Attorney Gen- agreement includes funds for TFI to con- ALCOHOL AND TOBACCO TAX AND TRADE
eral regarding the implementation of these tinue to identify and investigate the illicit BUREAU
programs for their law enforcement officers. trade of synthetic opioids, particularly SALARIES AND EXPENSES
The agreement further directs such agencies fentanyl, originating from China, in order to The bill provides $124,337,000 for salaries
to brief the Committees on Appropriations verify that China is upholding its commit- and expenses of the Alcohol and Tobacco Tax
on their efforts relating to such implementa- ments. Within 120 days of enactment of this and Trade Bureau.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8437
UNITED STATES MINT as estimated by TIGTA or GAO, that would nancial Crimes Enforcement Network and
UNITED STATES MINT PUBLIC ENTERPRISE FUND be avoided through implementation of each the Department of Justice.
recommendation. Refund Fraud Involving Decedents.—The
The bill specifies that not more than
TAXPAYER SERVICES IRS is directed to consult with the Social Se-
$50,000,000 in new liabilities and obligations
The bill provides $2,555,606,000 for Taxpayer curity Administration on all potential data
may be incurred during fiscal year 2021 for
Services. Within the overall amount, not less limitations in the Death Master File and re-
circulating coinage and protective service
than $11,000,000 is for the Tax Counseling for port to and brief the Committee on its find-
capital investments of the U.S. Mint.
the Elderly Program, not less than $13,000,000 ings.
COMMUNITY DEVELOPMENT FINANCIAL Preventing Misclassification of Contractors.—
INSTITUTIONS FUND PROGRAM ACCOUNT is for low-income taxpayer clinic grants, and
The IRS is directed to continue to notify the
not less than $211,000,000 is provided for oper-
The bill provides $270,000,000 for the Com- Committees on Appropriations and House
ating expenses of the IRS Taxpayer Advocate
munity Development Financial Institutions Ways and Means Committee and Senate Fi-
Service, of which not less than $5,500,000 is
(CDFI) Fund program. The bill limits the nance Committee prior to making any staff-
for identity theft casework.
total loan principal for the Bond Guarantee In addition, within the overall amount pro- ing reductions or reallocations within the
program to $500,000,000. vided, not less than $30,000,000 is available SS–8 processing program.
until September 30, 2022, for the Community OPERATIONS SUPPORT
Program ($000)
Volunteer Income Tax Assistance Matching The bill provides $3,928,102,000 for Oper-
Financial/Technical Assistance Grants ............................ 167,000 Grants Program. ations Support, of which $10,000,000 is for a
(Disability Fund) ..................................................... (6,000) Rural Service Delivery Issues.—The IRS has Federal contractor tax check system.
(Mobiliby Corps) ...................................................... (2,000)
Native Initiatives .............................................................. 16,500 been plagued by significant wait times and Federal Contractor Tax Check System.—The
Bank Enterprise Award Program ..................................... 26,000 deteriorating rate of responses for assistance IRS is directed to provide the Committees a
Healthy Food Financing Initiative .................................... 23,000 provided through the national toll-free line. quarterly update on the status of the tax
Small Dollar Loan Program ............................................. 8,500
Administrative Expenses .................................................. 29,000 It is more imperative than ever that the IRS check application.
offer personal and local assistance to Amer- BUSINESS SYSTEMS MODERNIZATION
Total, CDFI Fund Program Account ........................ 270,000 ican taxpayers. There is concern that the ac-
The bill provides $222,724,000 for Business
tions taken by the IRS and the proposed
Bond Guarantee Program (BGP).—In lieu of Systems Modernization (BSM). The total in-
‘‘Future State’’ of service leave rural tax-
the House report language directive on the cludes funding for Customer Account Data
payers reliant on paid preparers or unable to
BGP requirements, the agreement encour- Engine 2, Enterprise Case Management Sys-
obtain timely and accurate assistance with
ages the Department to consider changing tem, Web Applications, taxpayer assistance
pre- and post-filing questions. The IRS must
the current program requirements to in- systems, cybersecurity, and data protection.
do more to address the needs of rural tax-
crease the availability of this program to payers by ensuring that they have the abil- ADMINISTRATIVE PROVISIONS—INTERNAL
credit-worthy CDFIs. The agreement adopts ity to reach local taxpayer assistance serv- REVENUE SERVICE
the House reporting requirements on high- ices. (INCLUDING TRANSFER OF FUNDS)
poverty communities and minimum bond Taxpayer Services in Alaska and Hawaii.— The bill includes the following provisions:
size. The IRS is directed to continue to staff each Section 101 provides transfer authority.
Impact of Fiscal Year 2018 CDFI Awardees.— Taxpayer Advocate Service Center (TAC) in Section 102 requires the IRS to maintain
The Secretary is directed to report to the Alaska and Hawaii with a Collection Tech- an employee training program on topics such
Committees within 90 days of enactment of nical Advisor and an examination technical as taxpayers’ rights.
this Act on the impact fiscal year 2018 CDFI advisor in addition to the current com- Section 103 requires the IRS to safeguard
Fund awardees are having in the commu- plement of office staff. Additionally, IRS is taxpayer information and to protect tax-
nities they serve. directed to report to the Committees within payers against identity theft.
Economic Mobility Corps.—The CDFI Fund 180 days of enactment of this Act on current Section 104 permits funding for 1–800 help
is directed to submit a report no later than face-to-face taxpayer services offered in line services for taxpayers and directs the
December 31, 2021, to the Committees that Alaska and Hawaii and on the delivery serv- Commissioner to make improving phone
describes activities outlined in the Economic ice benefits of appointment versus walk-in service a priority and to enhance response
Mobility Corps agreement with the Corpora- service, cost options to improve service, and times.
tion for National and Community Service. potential increase in the number of TACs in Section 105 requires the IRS to issue no-
Non-Metropolitan and Rural Areas.—Treas- these States. tices to employers of any address change re-
ury is directed to take into consideration the Identity Protection Personal Identification quest and to give special consideration to of-
unique conditions, challenges, and scale of Number (IP PIN) Expansion.—The agreement fers in compromise for taxpayers who have
non-metropolitan and rural areas when de- recognizes that the IP PIN pilot program is been victims of payroll tax preparer fraud.
signing programs to address economic revi- an important tool for saving taxpayer money Section 106 prohibits the use of funds by
talization and community development. The and commends the IRS for continuing to ex- the IRS to target United States citizens for
agreement requires the CDFI Fund to fund a pand the pilot program to additional States, exercising any right guaranteed under the
geographically diverse group of award recipi- and encourages further expansion as soon as First Amendment to the Constitution.
ents, including those from non-metropolitan possible. Section 107 prohibits the use of funds by
and rural areas. Additionally, the Secretary Low Income Tax Clinic.—The IRS is directed the IRS to target groups for regulatory scru-
is directed to report to the Committees with- to conduct outreach to determine how to in- tiny based on their ideological beliefs.
in 90 days of enactment of this Act on how crease Low Income Tax Clinic grantees in Section 108 requires the IRS to comply
CDFI Programs recipients intend to serve States that don’t have a grantee. The report with procedures and policies on conference
non-metropolitan and rural areas and popu- should assess why there are no successful spending in accordance with IRS policies
lations living in persistent poverty counties. grantees as well as include recommendations issued as a result of Treasury Inspector Gen-
The agreement continues all directives on how to enable new grant applications in eral for Tax Administration recommenda-
adopted by the joint explanatory statement these States. Within 120 days of enactment tions.
accompanying division C of the Consolidated of this Act, the IRS shall report to the Com- Section 109 prohibits funds for giving bo-
Appropriations Act, 2020 (Public Law 116–93) mittees on why there are no successful nuses to employees or hiring former employ-
relating to CDFI and the Controlled Sub- grantees in certain States and include rec- ees without considering conduct and compli-
stances Act. ommendations on how to enable new grant ance with Federal tax law.
INTERNAL REVENUE SERVICE applications in these States. Section 110 prohibits the IRS from using
funds made available by this Act to con-
Modernizing Taxpayer Notices and Commu- ENFORCEMENT
travene a provision of the Internal Revenue
nications.—The Internal Revenue Service The bill provides $5,212,622,000 for Enforce- Code of 1986 related to the confidentiality
(IRS) is encouraged to examine options dur- ment, of which up to $15,000,000 is for inves- and disclosure of returns and return informa-
ing their modernization efforts that ensure tigative technology for the Criminal Inves- tion.
taxpayers in rural areas will not be faced tigation Division, to support their critical
with undue burdens following the conclusion ADMINISTRATIVE PROVISIONS—DEPARTMENT OF
law enforcement mission.
of the modernization period. Enforcement Efforts and Money Laundering THE TREASURY
Improper Payments.—The IRS is directed to Investigations.—The IRS is urged to increase (INCLUDING TRANSFERS OF FUNDS)
make the elimination of improper payments the number of Special Agents in the Crimi- Section 111 allows Treasury to use funds
an utmost priority and implement within 270 nal Investigations unit responsible for inves- for certain specified expenses.
days of enactment of this Act all open and tigating money laundering, violations of the Section 112 allows for the transfer of up to
unimplemented recommendations from Bank Secrecy Act and criminal violations of 2 percent of funds among various Treasury
TIGTA and GAO that address improper pay- the tax code, in order to provide the nec- bureaus and offices.
ments, or report to the Committees on im- essary law enforcement personnel to solidify Section 113 allows for the transfer of up to
pediments to the implementation of each U.S. efforts to combat money laundering and 2 percent from the IRS accounts to the
open recommendation. This report shall in- ensure that offenders are prosecuted to the Treasury Inspector General for Tax Adminis-
clude the dollar value of improper payments, fullest extent, in conjunction with the Fi- tration.
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H8438 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Section 114 prohibits funding to redesign OFFICE OF MANAGEMENT AND BUDGET (Training) ......................................................................... (2,500,000)
the $1 note. Drug court training and technical assistance ...................... 3,000,000
SALARIES AND EXPENSES
Section 115 allows for the transfer of funds Anti-Doping activities ............................................................ 14,000,000
The bill provides $106,600,000 for the sala- World Anti-Doping Agency (U.S. membership dues) ............. 2,932,000
from the Bureau of the Fiscal Service—Sala- ries and expenses of the Office of Manage- Model Acts Program ............................................................. 1,250,000
ries and Expenses to the Debt Collection ment and Budget (OMB). Community-based coalition enhancement grants (CARA
Fund conditional on future reimbursement. Regulatory Management Modernization.—As Grants) ............................................................................... 5,000,000
Section 116 prohibits funds to build a OMB undertakes efforts to modernize its in-
United States Mint museum without the ap- ternal regulatory management, the agree- World Anti-Doping Agency (WADA) Govern-
proval of the Committees on Appropriations ment encourages OMB to increase techno- ance.—The increased prevalence of doping
of the House and Senate and the authorizing logical utilization to improve its efficiency fraud among international sports federations
committees of jurisdiction. in regulatory review, in management of rules and governments raises serious concerns
Section 117 prohibits funding for consoli- and guidance, and in meeting other man- about the WADA’s credibility, independence,
dating the functions of the United States dated administrative process requirements. and accountability to athletes. The agree-
Mint and the Bureau of Engraving and Print- ment supports ONDCP’s efforts to monitor
ing without the approval of the Committees INTELLECTUAL PROPERTY ENFORCEMENT
COORDINATOR and advance WADA’s reform efforts. The bill
on Appropriations of the House and Senate includes language to allow ONDCP to exer-
and the authorizing committees of jurisdic- The bill provides $1,800,000 for the Intellec-
cise discretion in providing annual member-
tion. tual Property Enforcement Coordinator.
ship dues to encourage necessary reforms
Section 118 specifies that funds for Treas- OFFICE OF NATIONAL DRUG CONTROL POLICY within WADA and to determine whether
ury intelligence activities are deemed to be SALARIES AND EXPENSES WADA is making sufficient progress in in-
specifically authorized until enactment of The bill provides $18,400,000 for salaries and creasing its independence and transparency.
the fiscal year 2021 Intelligence Authoriza- expenses of the Office of National Drug Con- The amount of the United States’ member-
tion Act. trol Policy (ONDCP). ship dues payment, or lack thereof, should be
Section 119 permits the Bureau of Engrav- There are concerns that the continued lack linked to WADA’s progress in reducing
ing and Printing to use up to $5,000 from the of a formal process through which the Direc- undue influence by sports organizations with
Industrial Revolving Fund for reception and tor may designate an emerging drug threat, a direct financial interest in WADA deci-
representation expenses. in accordance with section 709(c) of the Of- sions as well as increasing the number of
Section 120 requires the Secretary to sub- fice of National Drug Control Policy Reau- independent athlete and independent anti-
mit a Capital Investment Plan. thorization Act of 1998, may limit the ability doping stakeholder representatives on
Section 121 requires a Franchise Fund re- of the Federal Government to take the steps WADA’s committees and decision-making
port. necessary to address emerging drug trends bodies. Increasing American representation
Section 122 prohibits the Department from on WADA decision-making bodies could help
before they reach epidemic proportions.
finalizing any regulation related to the achieve these goals.
ONDCP shall expeditiously finalize and im-
standards used to determine the tax-exempt
plement regulations to establish the criteria UNANTICIPATED NEEDS
status of a 501(c)(4) organization.
and process through which to formally des- The bill provides $1,000,000 for unantici-
Section 123 requires the Office of Financial
ignate an emerging drug threat in the United pated needs of the President.
Research and Office of Financial Stability to
States. Given the rapid increase in deaths as- INFORMATION TECHNOLOGY OVERSIGHT AND
submit quarterly reports.
sociated with methamphetamine use, REFORM
Section 124 provides funding for the
ONDCP should consider formally designating
digitization of unclaimed U.S. savings bonds. (INCLUDING TRANSFER OF FUNDS)
methamphetamine as an emerging threat in
TITLE II accordance with section 709(d) of the Office The bill provides $12,500,000 for information
EXECUTIVE OFFICE OF THE PRESIDENT of National Drug Control Policy Reauthor- technology oversight and reform activities.
AND FUNDS APPROPRIATED TO THE ization Act of 1998 (21 U.S.C. 1708(d)). SPECIAL ASSISTANCE TO THE PRESIDENT
PRESIDENT FEDERAL DRUG CONTROL PROGRAMS SALARIES AND EXPENSES
THE WHITE HOUSE HIGH INTENSITY DRUG TRAFFICKING AREAS The bill provides $4,698,000 for salaries and
SALARIES AND EXPENSES PROGRAM expenses to enable the Vice President to pro-
The bill provides $55,000,000 for the salaries (INCLUDING TRANSFERS OF FUNDS)
vide special assistance to the President.
and expenses of the White House. The bill provides $290,000,000 for the High OFFICIAL RESIDENCE OF THE VICE PRESIDENT
EXECUTIVE RESIDENCE AT THE WHITE HOUSE Intensity Drug Trafficking Areas Program OPERATING EXPENSES
OPERATING EXPENSES (HIDTA). (INCLUDING TRANSFER OF FUNDS)
ONDCP is directed to consult with the The bill provides $302,000 for operating ex-
The bill provides $13,641,000 for the Execu-
HIDTAs in advance of deciding pro- penses for the official residence of the Vice
tive Residence at the White House.
grammatic spending allocations for discre- President.
WHITE HOUSE REPAIR AND RESTORATION tionary (supplemental) funding, taking par- ADMINISTRATIVE PROVISIONS—EXECUTIVE OF-
The bill provides $2,500,000 for repair, alter- ticular note of areas with the highest rates FICE OF THE PRESIDENT AND FUNDS APPRO-
ation and improvement of the Executive Res- of overdose deaths. PRIATED TO THE PRESIDENT
idence at the White House. Opioid Addiction.—As prescription drug (INCLUDING TRANSFER OF FUNDS)
COUNCIL OF ECONOMIC ADVISERS monitoring programs reduce illicit access to
prescription drugs, those struggling with The bill includes the following administra-
SALARIES AND EXPENSES tive provisions:
substance abuse disorders who are no longer
The bill provides $4,000,000 for salaries and Section 201 provides transfer authority
able to obtain or afford prescription opioids
expenses of the Council of Economic Advis- among various Executive Office of the Presi-
often turn to heroin and other opioids. The
ers. dent accounts.
agreement notes the prevalence of opioid ad- Section 202 requires the Director of the
NATIONAL SECURITY COUNCIL AND HOMELAND diction and the resultant increase in traf-
SECURITY COUNCIL OMB, during fiscal year 2021, to include a
ficking of and addiction to heroin and other statement of budgetary impact with any Ex-
SALARIES AND EXPENSES emergent threats such as fentanyl. ONDCP, ecutive order issued or revoked and for Pres-
The bill provides $12,150,000 for salaries and in consultation with the HIDTA Directors, is idential memoranda estimated to have a reg-
expenses of the National Security Council encouraged to prioritize discretionary funds ulatory cost in excess of $100,000,000.
and Homeland Security Council, of which to aid States that have identified heroin and Section 203 requires the Director of the
not to exceed $5,000 is available for official opioid addiction as an emergent threat, and OMB to issue a memorandum to all Federal
reception and representation expenses. have developed and implemented community departments, agencies, and corporations di-
responses to combat addiction to heroin and recting compliance with title VII of this Act.
OFFICE OF ADMINISTRATION
other opioids. ONDCP and HIDTAs enable
SALARIES AND EXPENSES TITLE III
necessary coordination of law enforcement
The bill provides $100,000,000 for salaries efforts and support for State and local law THE JUDICIARY
and expenses of the Office of Administration, enforcement, and must continue to play a SUPREME COURT OF THE UNITED STATES
of which not more than $12,800,000 is for in- significant role in the eradication of heroin SALARIES AND EXPENSES
formation technology modernization. and prescription drug diversion. The bill provides $94,690,000 for salaries and
PRESIDENTIAL TRANSITION ADMINISTRATIVE OTHER FEDERAL DRUG CONTROL PROGRAMS expenses of the Supreme Court. In addition,
SUPPORT (INCLUDING TRANSFERS OF FUNDS) the bill provides mandatory costs as author-
(INCLUDING TRANSFER OF FUNDS) The bill provides $128,182,000 for Other Fed- ized by current law for the salaries of the
The bill provides $8,000,000 for costs associ- eral Drug Control Programs. The agreement chief justice and associate justices of the
ated with the change in Presidential admin- allocates funds among specific programs as court.
istrations. The bill allows for the funds to be follows: CARE OF THE BUILDING AND GROUNDS
transferred to other accounts within the Ex- The bill provides $10,618,000 for the care of
ecutive Office of the President. Drug-Free Communities Program .......................................... $102,000,000 the Supreme Court building and grounds.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8439
UNITED STATES COURT OF APPEALS FOR THE Section 305 continues a pilot program of the Scholarships for Opportunity and Re-
FEDERAL CIRCUIT where the United States Marshals Service sults Act (SOAR Act). The funds are to be al-
SALARIES AND EXPENSES provides perimeter security services at se- located evenly between District of Columbia
The bill provides $33,500,000 for salaries and lected courthouses. public schools, charter schools, and oppor-
expenses of the United States Court of Ap- Section 306 extends temporary judgeships tunity scholarships as authorized by law. Of
peals for the Federal Circuit. In addition, the in the eastern district of Missouri, Kansas, the funds allocated for the SOAR Act,
bill provides mandatory costs as authorized Arizona, the central district of California, $1,750,000 is for administrative expenses and
by current law for the salaries of the chief the northern district of Alabama, the south- $500,000 is for evaluation costs.
judge and judges of the court. ern district of Florida, New Mexico, the FEDERAL PAYMENT FOR THE DISTRICT OF
western district of North Carolina, the east- COLUMBIA NATIONAL GUARD
UNITED STATES COURT OF INTERNATIONAL ern district of Texas, and Hawaii.
TRADE The bill provides $600,000 for the Major
TITLE IV General David F. Wherley, Jr. District of Co-
SALARIES AND EXPENSES
DISTRICT OF COLUMBIA lumbia National Guard Retention and Col-
The bill provides $20,000,000 for salaries and
FEDERAL FUNDS lege Access Program.
expenses of the United States Court of Inter-
national Trade. In addition, the bill provides Death with Dignity.—Congress has ex- FEDERAL PAYMENT FOR TESTING AND
mandatory costs as authorized by current pressly forbidden the use of Federal funding TREATMENT OF HIV/AIDS
law for the salaries of the chief judge and for purposes related to assisted suicide under The bill provides $4,000,000 for the purpose
judges of the court. the Assisted Suicide Funding Restriction of HIV/AIDS testing and treatment.
COURTS OF APPEALS, DISTRICT COURTS, AND Act of 1997 (Public Law 105–12). There are FEDERAL PAYMENT TO THE DISTRICT OF
OTHER JUDICIAL SERVICES concerns that the Death with Dignity Act of COLUMBIA WATER AND SEWER AUTHORITY
2016 (D.C. Law 21–182) puts our Nation’s most
SALARIES AND EXPENSES The bill provides $8,000,000 for the District
vulnerable people who are elderly, disabled,
The bill provides $5,393,701,000 for salaries of Columbia Water and Sewer Authority.
or fighting mental illness at risk. As such,
and expenses of the Courts of Appeals, Dis- the Chief Financial Officer for the District of DISTRICT OF COLUMBIA FUNDS
trict Courts, and Other Judicial Services. In Columbia shall submit a report to the Com- The bill provides authority for the District
addition, the bill provides mandatory costs mittees to certify that no Federal funds are of Columbia to spend its local funds in ac-
as authorized by current law for the salaries used to implement D.C. Law 21–182 in the cordance with the Fiscal Year 2021 Budget
of circuit and district judges (including District of Columbia in contravention of ex- Request Act of 2020.
judges of the territorial courts of the United isting law. The District shall also report to TITLE V
States), bankruptcy judges, and justices and the Committees on Appropriations on the
judges retired from office or from regular ac- INDEPENDENT AGENCIES
number of lethal prescriptions prescribed
tive service. The bill also provides $9,900,000 during the fiscal year, the number of pa- ADMINISTRATIVE CONFERENCE OF THE UNITED
from the Vaccine Injury Compensation Trust tients that actually consumed the medica- STATES
Fund. tion and the cause of death that was listed SALARIES AND EXPENSES
DEFENDER SERVICES on the death certificate. The bill provides $3,400,000, to remain
The bill provides $1,316,240,000 for Defender FEDERAL PAYMENT FOR RESIDENT TUITION available until September 30, 2022, for the
Services. SUPPORT Administrative Conference of the United
FEES OF JURORS AND COMMISSIONERS The bill provides $40,000,000 for District of States.
The bill provides $32,517,000 for Fees of Ju- Columbia resident tuition support. COMMODITY FUTURES TRADING COMMISSION
rors and Commissioners. FEDERAL PAYMENT FOR EMERGENCY PLANNING (INCLUDING TRANSFERS OF FUNDS)
COURT SECURITY AND SECURITY COSTS IN THE DISTRICT OF The bill provides $304,000,000 for the Com-
(INCLUDING TRANSFER OF FUNDS) COLUMBIA modity Futures Trading Commission.
The bill provides $664,011,000 for Court Se- The bill provides an additional $38,400,000 CONSUMER PRODUCT SAFETY COMMISSION
curity. for emergency planning and security costs in SALARIES AND EXPENSES
ADMINISTRATIVE OFFICE OF THE UNITED the District of Columbia to remain available The bill provides $135,000,000 for the Con-
STATES COURTS until expended. sumer Product Safety Commission (CPSC).
SALARIES AND EXPENSES FEDERAL PAYMENT TO THE DISTRICT OF Within the amount provided, $1,300,000 is
The bill provides $95,675,000 for salaries and COLUMBIA COURTS available until expended for the pool and spa
expenses of the Administrative Office of the The bill provides $250,088,000 for the Dis- safety grants program established by the
United States Courts. trict of Columbia courts, of which $14,682,000 Virginia Graeme Baker Pool and Spa Safety
is for the D.C. Court of Appeals, $125,660,000 Act.
FEDERAL JUDICIAL CENTER
is for the Superior Court, $79,247,000 is for the Furniture Flammability Standards.—The
SALARIES AND EXPENSES agreement continues the direction provided
D.C. Court System, and $30,499,000 is for cap-
The bill provides $29,015,000 for salaries and ital improvements to courthouse facilities. to CPSC in fiscal year 2020 in Senate Report
expenses of the Federal Judicial Center 116–111 regarding Furniture Flammability
FEDERAL PAYMENT FOR DEFENDER SERVICES IN
(FJC). Standards.
DISTRICT OF COLUMBIA COURTS
Judicial Continuing Education.—The FJC is Organohalogen Flame Retardants.—The
directed to review how judges currently ob- The bill provides $46,005,000 for defender Commission should consider the National
tain information in medical and scientific services in the District of Columbia. Academies of Sciences, Engineering, and
areas and whether additional training or FEDERAL PAYMENT TO THE COURT SERVICES Medicine’s report regarding a scoping plan
other resources for judges in this area may AND OFFENDER SUPERVISION AGENCY FOR THE for addressing organohalogen flame
be beneficial, and provide a report to the DISTRICT OF COLUMBIA retardants in response to the granted peti-
Committees within 180 days of enactment of The bill provides $245,923,000 for court serv- tion to adopt mandatory standards under the
this Act. ices and offender supervision in the District Federal Hazardous Substances Act to protect
UNITED STATES SENTENCING COMMISSION of Columbia. consumers from health hazards caused by
SALARIES AND EXPENSES FEDERAL PAYMENT TO THE DISTRICT OF the use of non-polymeric, additive form,
COLUMBIA PUBLIC DEFENDER SERVICE organohalogen flame retardants in children’s
The bill provides $19,965,000 for salaries and
products, furniture, mattresses, and the cas-
expenses of the United States Sentencing The bill provides $46,212,000 for public de-
ings surrounding electronics, including pro-
Commission. fender services in the District of Columbia.
posals to consider certain subcategories
ADMINISTRATIVE PROVISIONS—THE JUDICIARY FEDERAL PAYMENT TO THE CRIMINAL JUSTICE when determining any safe, allowable uses.
(INCLUDING TRANSFER OF FUNDS) COORDINATING COUNCIL Furniture Tip-Overs.—Furniture tip-overs,
The bill includes the following administra- The bill provides $2,150,000 for the Criminal particularly those involving televisions and
tive provisions: Justice Coordinating Council. dressers, remain a serious risk to children
Section 301 makes funds appropriated for FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS and consumers. The Commission is urged to
salaries and expenses available for services continue to engage with industry, consumer
The bill provides $600,000 for Judicial Com-
authorized by 5 U.S.C. 3109. groups, and the public to increase efforts to
missions. Within the amount provided,
Section 302 provides transfer authority limit or mitigate the risk associated with
$325,000 is for the Commission on Judicial
among Judiciary appropriations. furniture tip-overs.
Disabilities and Tenure and $275,000 is for the
Section 303 permits not more than $11,000 Data Analytics.—The Commission collects
Judicial Nomination Commission.
to be used for official reception and represen- and analyzes a wide range of data from a va-
tation expenses of the Judicial Conference. FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT riety of sources for factual basis to identify
Section 304 extends through fiscal year 2021 The bill provides $52,500,000 for school im- hazards to consumers. The agreement sup-
the delegation of authority to the Judiciary provement in the District of Columbia to be ports the Commission’s efforts to develop an
for contracts for repairs of less than $100,000. distributed in accordance with the provisions agency-wide data management and analytics
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H8440 CONGRESSIONAL RECORD — HOUSE December 21, 2020
strategy and hiring or designating a Chief Low Power FM could be a powerful edu- of the electric transmission and distribution
Data Officer or Chief Technologist within cational tool for sharing information on pub- system. The agreement expects the FCC to
the enacted full-time equivalent level. lic health with communities at-risk who ensure any mitigation technologies are rig-
ADMINISTRATIVE PROVISION—CONSUMER lack access to other media, on issues such as orously tested and found to be effective in
PRODUCT SAFETY COMMISSION addiction treatment and prevention, infec- order to protect the electric transmission
tious disease, or other emerging health system. The FCC is directed to provide a re-
Section 501 prohibits the use of Federal threats. The agreement understands some port to the Committees within 90 days of en-
funds in fiscal year 2021 for the adoption or entities with LPFM licenses are silent or not actment of this Act on its progress in ensur-
implementation of the proposed rule on operating, but it is not clear how many li- ing rigorous testing related to unlicensed use
ROVs until a study by the National Academy censed LPFM stations are not currently of the 6 gigahertz band.
of Sciences is completed. broadcasting an over-the-air signal. The Rural Broadband.—The agreement remains
ELECTION ASSISTANCE COMMISSION agreement directs the FCC to report to the concerned that far too many Americans liv-
SALARIES AND EXPENSES Committee on how it tracks silent LPFM ing in rural and economically disadvantaged
stations or unused spectrum in the FM band areas lack access to broadband at speeds nec-
(INCLUDING TRANSFER OF FUNDS)
and the steps it is taking to reallocate such essary to fully participate in the Internet
The bill provides $17,000,000 for the salaries spectrum to interested entities, including age. The agreement encourages the agency
and expenses of the Election Assistance plans for upcoming filing windows for con- to prioritize projects in underserved areas,
Commission, of which $1,500,000 shall be struction permits for new LPFM stations. where the infrastructure to be installed pro-
transferred to the National Institute of Broadband in Remote and Insular Commu- vides access at download and upload speeds
Standards and Technology (NIST) for elec- nities.—The agreement notes concern that comparable to those available to Americans
tion reform activities authorized under the many Americans live in remote and insular in urban areas. The agreement encourages
Help America Vote Act of 2002 (HAVA). communities such as those in Alaska that do the FCC to avoid efforts that could duplicate
Within 30 days of the transfer, the Director not have access to broadband services. The existing networks and to support deploy-
of NIST (or designee) shall provide to the Ex- result is that these Americans, their schools, ment of last-mile broadband infrastructure
ecutive Director of EAC and the Committees their libraries, and their health care pro- to underserved areas. Further, the agree-
an expenditure plan for the funds that in- viders have either no broadband access or ac- ment encourages the agency to prioritize
cludes: (1) the number and position title and cess only at rates substantially higher than projects financed through public-private
office of each staff person doing work and available to most Americans. Within 120 partnerships.
amount of time each staff person spends on days, the FCC is directed to report to the Contraband Cell Phones.—The agreement
that work; (2) the specific tasks accom- Committees on its plans to consider support notes continued concern regarding the ex-
plished including length of time needed to for broadband access to these geographically ploitation of contraband cell phones in pris-
accomplish the task; (3) an explanation of disbursed communities. ons and jails nationwide. The agreement
expenditures, including contracts and Small Cell Construction.—The FCC is di- urges the FCC to act on the March 24, 2017
grants, and use of the EAC funding trans- rected to report to the Committees on the Further Notice of Proposed Rulemaking re-
ferred to NIST (including enumeration of Commission’s rules concerning the construc- garding combating contraband wireless de-
funds); and (4) an explanation of how the tion and deployment of small cells and the vices. The FCC should consider all legally
work accomplished relates to mandated ac- Commission’s application of relevant stat- permissible options, including the creation,
tivities under HAVA. Finally, the Executive utes. or use, of ‘‘quiet or no service zones,’’
Director of EAC and the Director of NIST 5G Fund and Rural America.—The agree- geolocation-based denial, and beacon tech-
shall work together to set priorities for the ment remains concerned about the feasible nologies to geographically appropriate cor-
work outlined in order to meet timelines. deployment of 5G in rural America. Rural lo- rectional facilities. In addition, the agree-
FEDERAL COMMUNICATIONS COMMISSION cations will likely run into geographic bar- ment encourages the FCC to adopt a rules-
riers and infrastructure issues preventing based approach to cellphone disabling that
SALARIES AND EXPENSES
the robust deployment of 5G technology, just would require immediate disabling by a wire-
The bill provides $341,000,000 for salaries as they have faced with 4G. The FCC’s pro- less carrier upon proper identification of a
and expenses of the Federal Communications posed 5G Fund fails to provide adequate de- contraband device. The agreement rec-
Commission (FCC). In addition, $33,000,000 is tails or a targeted spend plan on creating ommends that the FCC move forward with
provided for implementing the Broadband seamless coverage in the most rural parts of its suggestion in the Fiscal Year 2019 report
DATA Act (Public Law 116–130). The bill pro- the Nation. Given these concerns, the FCC is to this Committee, noting that ‘‘additional
vides that $374,000,000 be derived from offset- directed to report in writing on: (1) its cur- field testing of jamming technology will pro-
ting collections, resulting in no net appro- rent and future plans for prioritizing deploy- vide a better understanding of the challenges
priation. ment of 4G coverage in rural areas, (2) its and costs associated with the proper deploy-
Broadband Maps.—In addition to adopting plans for 5G deployment in rural areas, and ment of jamming system.’’ The agreement
the House report language on Broadband (3) its plan for improving the mapping and urges the FCC to use available funds to co-
Maps, the agreement provides substantial long-term tracking of coverage in rural ordinate rigorous Federal testing of jam-
dedicated resources for the FCC to imple- areas. ming technology and coordinate with all rel-
ment the Broadband DATA Act. The FCC is Enforcement of Overstated Coverage.—The evant stakeholders to effectively address
directed to submit a report to the Commit- agreement remains concerned about the on- this urgent problem.
tees on Appropriations within 90 days of en- going issues of overstated coverage maps Next-Generation Broadband Networks for
actment of this Act providing a detailed that suspended the Mobility Fund Phase II. Rural America.—Deployment of broadband
spending plan for these resources. In addi- Specifically, the agreement is concerned and telecommunications services in rural
tion, the FCC, in coordination with the about the lack of enforcement action that areas is imperative to support economic
NTIA, shall outline the specific roles and re- came from the investigation into potential growth and public safety. However, due to
sponsibilities of each agency as it relates to violations of the Mobility Fund Phase II geographical challenges facing mobile
the National Broadband Map and implemen- mapping rules by carriers. Given these con- connectivity and fiber providers,
tation of the Broadband DATA Act. The FCC cerns, the FCC is directed to submit a report connectivity in certain areas remains chal-
is directed to report in writing to the Com- to the Committees within 90 days of enact- lenging. Next generation satellite-based
mittees every 30 days on the date, amount, ment of this Act on: (1) the criteria used to technology is being developed to deliver di-
and purpose of any new obligation made for determine if a carrier was found in violation rect satellite to cellular capability. The FCC
broadband mapping and any updates to the of mapping rules and overstating coverage is encouraged to address potential regu-
broadband mapping spending plan. and (2) the criteria used to determine en- latory hurdles, to promote private sector de-
Lifeline Service.—In lieu of the House report forcement action or fines. velopment and implementation of innova-
language on Lifeline Service, the agreement Wireless Resiliency During Disasters.—The tive, next generation networks such as this,
notes recent action by the FCC to partially agreement remains concerned about the re- and to accelerate broadband and tele-
waive its rules updating the Lifeline pro- siliency of wireless phone service during nat- communications access to all Americans.
gram’s minimum service standard for mobile ural disasters, including wildfires. The FCC 911 Fees.—The New and Emerging Tech-
broadband usage in light of the large in- is directed to report within 180 days of enact- nologies 911 Improvement Act of 2008 (NET
crease to the standard that would have gone ment of this Act on the type of safety meas- 911 Act) requires the Commission to submit
into effect on Dec. 1, 2020, and the increased ures that wireless carriers have for their cus- an annual report to Congress on the collec-
reliance by Americans on mobile broadband tomers. tion and distribution of 911 and Enhanced 911
as a result of the pandemic. The FCC is 6 Gigahertz.—As the FCC has authorized (E911) fees and charges by States. As part of
urged to continue to balance the Lifeline unlicensed use of the 6 gigahertz band, the the annual review, the NET 911 Act requires
program’s goals of accessibility and afford- agreement expects the Commission to ensure the Commission to report whether 911 fees
ability. its plan does not result in harmful inter- and charges collected by States are being
Low Power FM.—Low Power FM (LPFM) ference to incumbent users or impact crit- used for any purpose other than to support
represents an important medium for mem- ical infrastructure communications systems. 911 and E911 services. The agreement encour-
bers of local communities to access relevant, The agreement is particularly concerned ages the FCC to work with State partners to
locally produced information. In particular, about the potential effects on the reliability better clarify the definition of fee diversion.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8441
ADMINISTRATIVE PROVISIONS—FEDERAL Office Lease Agreement, the agreement notes when local farm communities are strongly
COMMUNICATIONS COMMISSION the findings of GSA’s Office of Inspector opposed to such a move.
Section 510 extends an exemption from the General report JE19-002 and its recommenda- Dirksen Courthouse.—The Dirksen Court-
Antideficiency Act for the Universal Service tions. house in Chicago is adjacent to vacant feder-
Fund. Lake Charles Courthouse.—Hurricane Laura ally-owned buildings that are in critical dis-
Section 511 prohibits the FCC from chang- inflicted extensive damage on the Edwin F. repair. Any potential disposal or develop-
ing rules governing the USF regarding single Hunter, Jr. U.S. Courthouse in Lake Charles, ment of these properties should not result in
connection or primary line restrictions. Louisiana. No later than 150 days after en- increased security risks for the Court and
actment of this Act, GSA, in consultation other Federal agencies in the courthouse.
FEDERAL DEPOSIT INSURANCE CORPORATION
with the Federal Judiciary, is directed to GSA is commended for recent efforts to in-
OFFICE OF THE INSPECTOR GENERAL submit to the Committees an updated hous- volve stakeholders in discussion to address
The bill provides a transfer of $42,982,000 to ing plan and cost estimate for a new Federal the State Street properties in Chicago and
fund the Office of Inspector General (OIG) for Courthouse in Lake Charles, Louisiana, that encourages GSA to further engage relevant
the Federal Deposit Insurance Corporation. fully meets the operational needs of the Fed- Federal stakeholders and the City of Chicago
The OIG’s appropriations are derived from eral courts and is approved by the U.S. Dis- to determine appropriate solutions for the
the Deposit Insurance Fund and the Federal trict Court for the Western District of Lou- State Street properties. GSA is expected to
Savings and Loan Insurance Corporation isiana. provide advance notice to and consult with
Resolution Fund. Federal Bureau of Investigation Headquarters the Committees before taking any actions
FEDERAL ELECTION COMMISSION Consolidation.—No later than 90 days after with respect to the potential disposal or de-
SALARIES AND EXPENSES
enactment of this Act, GSA shall transmit velopment of these properties.
to the House and Senate Committees on Ap- Building Occupancy and Data Technology.—
The bill provides $71,497,000 for salaries and propriations, the Committee on Transpor-
expenses of the Federal Election Commis- The Public Buildings Service’s efforts to de-
tation and Infrastructure of the House of velop new tools, reports, and system en-
sion. Representatives, and the Committee on En-
Online Campaign Advertisements.—In lieu of hancements to identify assets that can be
vironment and Public Works of the Senate, a more effectively utilized are applauded. In
the House report language, the Commission
report on the construction of a new head- particular, the use of commercially available
is directed to brief the House and Senate
quarters for the Federal Bureau of Investiga- technology that provides accurate, building
Committees on Appropriations on its rule-
tion in the National Capital Region. The re- occupancy data in real time analytics while
making proposals related to disclaimers on
port transmitted shall be consistent with the not violating security and privacy could de-
public communications on the internet with-
requirements of section 3307(b) of title 40, liver insights into the agency’s work on foot-
in 90 days of enactment of this Act.
United States Code and include a summary print optimization and space utilization
FEDERAL LABOR RELATIONS AUTHORITY of the material provisions of the construc- while identifying significant cost savings.
SALARIES AND EXPENSES tion and full consolidation of the Federal Bu- GSA is encouraged to evaluate the deploy-
The bill provides $26,600,000 for the Federal reau of Investigation in a new headquarters ment of this technology across the leased
Labor Relations Authority. facility, including all the costs associated and owned Federal real estate portfolio.
FEDERAL PERMITTING IMPROVEMENT STEERING with site acquisition, design, management, White Oak Expansion.—There is awareness
COUNCIL and inspection, and a description of all build- that the Food and Drug Administration’s
ings and infrastructure needed to complete (FDA’s) growing staff will require leasing ad-
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
the project. ditional office locations until the 2018 Fed-
(INCLUDING TRANSFER OF FUNDS) Premium Class Travel.—Concerns remain eral Research Center Master Plan for the
The bill provides $10,000,000 for the Federal about excessive spending on premium-class White Oak Campus expansion can be fully
Permitting Improvement Steering Council’s airline tickets for government employees. implemented. To determine the lowest cost
Environmental Review Improvement Fund. GSA is directed to provide to the Commit- technically acceptable for a prospectus lease,
FEDERAL TRADE COMMISSION tees the department and agency travel data GSA should consider the effect of local trav-
compiled pursuant to 41 C.F.R. Part 300–70, el on FDA staff productivity, adjacency to
SALARIES AND EXPENSES
Subpart B. existing FDA leases, and the cost of lost pro-
The bill provides $351,000,000 for salaries The National Archives at Seattle.—There are
and expenses of the Federal Trade Commis- ductivity when evaluating the costs of lease
significant concerns surrounding potential proposals.
sion (FTC). This appropriation is partially closure of the National Archives and Records Department of Veterans Affairs Leases.—GSA
offset by premerger filing and Telemarketing Administration’s Sand Point facility. The is directed to report, within 90 days of enact-
Sales Rule fees estimated at $150,000,000 and archival records and Federal records stored ment of this Act, on their efforts to execute
$19,000,000, respectively. at the facility hold significant value to indi-
Consolidation and Competition in Health lease procurement projects authorized by the
viduals and organizations, including State VA Choice and Quality Employment Act of
Care.—The agreement notes concern that agencies, higher education institutions, re-
consolidation among providers and insurers 2017.
searchers, scientists, Tribal members, and Construction and Acquisition.—The bill pro-
in the healthcare sector is leading to higher students. There is language directed to the vides $230,000,000 for construction and acqui-
prices for American families and taxpayers. National Archives and Records Administra- sition.
The agreement encourages the Commission tion addressing this issue. In addition, GSA
to review, investigate, and challenge, where is directed to brief the Committees within 90
appropriate, mergers in the healthcare sec-
CONSTRUCTION AND ACQUISITION
days of enactment of this Act on its lease-
tor. The agreement also encourages the Com- back authority in relation to Public Building State Description Amount
mission to study barriers to entry for new Reform Board recommendations and the
providers and insurers and to conduct retro- CT ......................... Hartford, United States Courthouse .. $135,500,000
agency requirements at the Sand Point facil- TN ......................... Chattanooga, United States Court- $94,500,000
spective reviews of past mergers to deter- ity. house.
mine the impacts those mergers have had on Payroll Services.—In addition to adopting
prices. the House report language on shared serv- Repairs and Alterations.—The bill provides
Resources for Data Privacy and Security.— ices, the agreement continues all directives $576,581,000 for repairs and alterations. Funds
The agreement urges the FTC to conduct a adopted by the joint explanatory statement are provided in the amounts indicated:
comprehensive internal assessment meas- accompanying division C of the Consolidated
uring the agency’s current efforts related to Appropriations Act, 2020 (Public Law 116–93) Major Repairs and Alterations ............................... $203,908,000
data privacy and security while separately relating to shared services. Basic Repairs and Alterations ............................... $372,673,000
identifying all resource-based needs of the Farm Service Agency State Office Reloca-
FTC to improve in these areas. The agree- tion.—The U.S. Department of Agriculture’s Five-Year Capital Plan.—GSA is directed to
ment also urges the FTC to provide a report Farm Service Agency (FSA) provides serv- include a five-year capital plan by project as
describing the assessment’s findings to the ices and delivers results to America’s farm- part of its annual budget justification in fis-
Committees within 180 days of enactment of ers and ranchers. There are FSA head- cal year 2022. As in such plans included in
this Act. quarters offices located in each State as well previous GSA budget justifications, the plan
GENERAL SERVICES ADMINISTRATION as in counties across the U.S. However, there should include the fiscal year, project name,
REAL PROPERTY ACTIVITIES are concerns with recent actions taken by city, state, project type, project description,
FSA and GSA to potentially move State of- prior funding to date, additional funding re-
FEDERAL BUILDINGS FUND
fices from current locations, which provide quired, and estimated project total.
LIMITATIONS ON AVAILABILITY OF REVENUE convenient access for employees and cus- Special Emphasis Projects.—$203,908,000 is
(INCLUDING TRANSFER OF FUNDS) tomers, to facilities miles away with parking provided for Major Repairs and Alterations,
The bill provides resources from the Gen- limitations and higher rent. There are par- and $372,673,000 is provided for Basic Repairs
eral Services Administration (GSA) Federal ticular concerns given the impact to farm- and Alterations. While no funding is pro-
Buildings Fund totaling $9,065,489,000. ers, ranchers, and FSA outreach. GSA is en- vided specifically for Special Emphasis Pro-
Old Post Office Lease Agreement.—In lieu of couraged to reach an agreement with all par- grams, the agreement notes that Special
the House report directive captioned Old Post ties so FSA can remain in existing locations Emphasis projects are eligible for funding
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H8442 CONGRESSIONAL RECORD — HOUSE December 21, 2020
from within Major Repairs if the project cost and authorizes use of appropriations, reve- Records Administration (NARA). Of this
is above prospectus level and from within nues and collections in the Fund in an aggre- amount, $9,230,000 shall remain available
Basic Repairs if the project cost is below pro- gate amount not to exceed $100,000,000. until expended for improvements necessary
spectus level. GSA is encouraged to submit Foundations for Evidence-Based Policy- to enhance the Federal Government’s ability
detailed Fire Protection and Life Safety Pro- making Act.—The agreement includes up to to electronically preserve, manage, and store
gram projects if necessary and request a $5,000,000 for implementation of the Founda- Government records, and up to $2,000,000
transfer for critical projects if appropriate. tions for Evidence-Based Policymaking Act shall remain available until expended to im-
Energy Savings Performance Contracts.— (Public Law 115–435). plement the Civil Rights Cold Case Records
Greater use of Energy Savings Performance EXPENSES, PRESIDENTIAL TRANSITION Collection Act of 2018 (Public Law 115–426).
Contracts (ESPCs) is encouraged in GSA’s (INCLUDING TRANSFERS OF FUNDS)
The bill provides $18,000,000 to carry out
portfolio to help reduce the building repair NARA’s transition responsibilities under the
backlog, including upgrades that can help The bill provides $9,900,000 for activities
Presidential Records Act of 1978.
improve resiliency and cybersecurity. GSA is authorized by the Presidential Transition Digitization of Records.—It is profoundly
encouraged to use at least $15,000,000 within Act of 1963, as amended. disappointing that NARA has failed to keep
available funds for this purpose. GSA should TECHNOLOGY MODERNIZATION FUND its commitment to digitize and post online
consider the use of ESPCs when formulating The bill provides $25,000,000 for the Tech- using an easy-to-find, navigable, and search-
future budget requests for repair projects nology Modernization Fund. able platform the Territorial and Federal
and GSA project managers are encouraged to ASSET PROCEEDS AND SPACE MANAGEMENT records generated in Alaska since they were
share project information with each other FUND moved from Anchorage to Seattle more than
which can help identify opportunities to pro- The bill provides $16,000,000 for the Asset 5 years ago. As a result, NARA’s failures
mote the use of ESPCs through collabora- Proceeds and Space Management Fund. have seriously jeopardized the agreement’s
tion. There are also concerns with the find- faith in other commitments that NARA has
ADMINISTRATIVE PROVISIONS—GENERAL
ings in the GSA Inspector General (GSA IG) made. NARA is directed to continue con-
SERVICES ADMINISTRATION
report released on March 17, 2020, entitled sulting with Alaska Native Tribes and Tribal
(INCLUDING TRANSFER OF FUNDS) organizations, Alaskan historical societies,
‘‘PBS’s $1.7 Billion Energy Savings Perform-
ance Contracts Are Not Achieving Energy Section 520 specifies that funds are avail- the State of Alaska, university libraries and
and Cost Savings Due to Inadequate Over- able for hire of motor vehicles. archives, and other stakeholders to update
sight’’ and it is recommended that GSA im- Section 521 authorizes transfers within the its understanding of which records have been
plement the GSA IG’s recommendations in Federal Buildings Fund, with advance ap- identified as priorities for access and the
the report. proval of the Committees on Appropriations most effective methods of maintaining
Rental of Space.—The bill provides of the House and Senate. meaningful access to those records. Further,
$5,725,464,000 for rental of space. Section 522 requires transmittal of a fiscal NARA is directed to submit a report to the
Building Operations.—The bill provides year 2022 request for courthouse construc- Committees, within 120 days of enactment of
$2,533,444,000 for building operations. tion that meets design guide standards, re- this Act, detailing its full and robust con-
GENERAL ACTIVITIES
flects the priorities in the Judicial Con- sultations and its plan to digitize, index, and
ference’s 5-year construction plan, and in- post online the records identified as prior-
GOVERNMENT-WIDE POLICY
cludes a standardized courtroom utilization ities by Alaskans. Further, NARA is directed
The bill provides $64,000,000 for GSA gov- study. to report to the Committees any challenges
ernment-wide policy activities. Section 523 specifies that funds in this Act
DotGov Program.—The ‘‘.gov’’ domain, man- that inhibit NARA’s ability to digitize and
may not be used to increase the amount of post online those records that have been
aged by GSA, was established to make it occupiable space or provide services such as
easy to identify U.S. Government websites identified as priorities by Alaskan stake-
cleaning or security for any agency that does holders that have personally identifiable in-
on the Internet. Use of this domain signifies not pay the rental charges assessed by GSA. formation such as Social Security numbers
trust and credibility, and there are security Section 524 permits GSA to pay certain and require redaction. Lastly, NARA is di-
benefits associated with a ‘‘.gov’’ domain, construction-related claims against the Fed- rected to promptly notify the Committees of
such as two-factor authentication. The eral Government from savings achieved in unforeseen obstacles or resource constraints
agreement supports GSA’s efforts to help en- other projects. that adversely impacts this initiative.
sure that citizens are interacting with offi- Section 525 requires that the delineated Sand Point.—There are significant concerns
cial government websites. GSA is directed to area of procurement for leased space match surrounding the potential closure of NARA’s
report to the Committees no later than 120 the approved prospectus, unless the Adminis- Sand Point, Washington, facility. The archi-
days after enactment of this Act on addi- trator provides an explanatory statement to val records and Federal records stored at the
tional steps that could be taken to increase the appropriate congressional committees. facility hold significant value to individuals
adoption of ‘‘.gov’’ domains for State and Section 526 requires a spending plan for and organizations, including State agencies,
local governments. certain accounts and programs. higher education institutions, researchers,
Automobile Recalls.—The agreement urges HARRY S TRUMAN SCHOLARSHIP FOUNDATION scientists, Tribal members, and students.
the Administrator of General Services not to SALARIES AND EXPENSES NARA is directed to consult with the Gen-
sell any motor vehicle or item of replace- eral Services Administration (GSA), the
The bill provides $2,000,000 for payment to
ment equipment for a motor vehicle if the Public Buildings Reform Board (PBRB), and
the Harry S Truman Scholarship Foundation
auto manufacturer has provided GSA a noti- the State of Washington in the ongoing dis-
Trust Fund.
fication that the vehicle contains a defect cussions regarding the digitization of archi-
related to motor vehicle safety or does not MERIT SYSTEMS PROTECTION BOARD
val and Federal records currently stored at
comply with an applicable motor vehicle SALARIES AND EXPENSES
NARA’s facility in Sand Point or their relo-
safety standard where a remedy is available. (INCLUDING TRANSFER OF FUNDS) cation to an existing or planned facility
Brooks Act.—GSA is directed to not award The bill provides $46,835,000, to remain owned by the State of Washington. NARA, in
or facilitate the award of any contract for available until September 30, 2022, for the consultation with GSA and PBRB, shall sub-
the provision of architectural, engineering, salaries and expenses of the Merit Systems mit to the Committees within 180 days of en-
and related services in a manner incon- Protection Board. Within the amount pro- actment of this Act a report on the feasi-
sistent with the procedures in the Brooks vided, $44,490,000 is a direct appropriation bility of digitization and/or co-location of
Act (40 U.S.C. 1101 et seq.) and part 36.6 of and $2,345,000 is a transfer from the Civil NARA materials in an existing or planned fa-
the Federal Acquisition Regulation. Service Retirement and Disability Fund to cility, the amount of funding that would be
OPERATING EXPENSES adjudicate retirement appeals. necessary, and any potential barriers to co-
The bill provides $49,440,000 for operating MORRIS K. UDALL AND STEWART L. UDALL location. The report should also include a
expenses. FOUNDATION comparison of the digitization and co-loca-
CIVILIAN BOARD OF CONTRACT APPEALS MORRIS K. UDALL AND STEWART L. UDALL tion alternatives and identify a preferred al-
The bill provides $9,301,000 for the Civilian TRUST FUND ternative.
Board of Contract Appeals. (INCLUDING TRANSFER OF FUNDS) OFFICE OF INSPECTOR GENERAL
OFFICE OF INSPECTOR GENERAL The bill provides $1,800,000 for payment to The bill provides $4,823,000 for the Office of
The bill provides $67,000,000 for the Office the Morris K. Udall and Stewart L. Udall Inspector General.
of Inspector General. Trust Fund. REPAIRS AND RESTORATION
ALLOWANCES AND OFFICE STAFF FOR FORMER ENVIRONMENTAL DISPUTE RESOLUTION FUND The bill provides $9,500,000 for repairs and
PRESIDENTS The bill provides $3,200,000 for payment to restoration.
Harry S Truman Presidential Library.—The
The bill provides $4,400,000 for allowances the Environmental Dispute Resolution Fund.
agreement is pleased with the Truman Li-
and office staff for former Presidents. NATIONAL ARCHIVES AND RECORDS brary Institute’s plans for expanding com-
FEDERAL CITIZEN SERVICES FUND ADMINISTRATION munity and educational outreach at the
(INCLUDING TRANSFER OF FUNDS) OPERATING EXPENSES Harry S Truman Presidential Library that
The bill provides $55,000,000 for deposit into The bill provides $377,000,000 for the oper- will significantly benefit the local commu-
the Federal Citizen Services Fund (the Fund) ating expenses of the National Archives and nity, residents of the State of Missouri, and
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8443
visitors from all over the country. The PRIVACY AND CIVIL LIBERTIES OVERSIGHT Fiscal Year 2022 Budget.—SBA is directed to
agreement will continue to monitor project BOARD provide to the Committees no later than 30
developments to ensure infrastructure re- SALARIES AND EXPENSES days after the release of the President’s
pairs needs identified throughout the course budget a summary of the model subsidy as-
The bill provides $8,500,000 for salaries and
of the project are addressed. sumptions or inputs that most significantly
expenses of the Privacy and Civil Liberties
impact the model outputs.
NATIONAL HISTORICAL PUBLICATIONS AND Oversight Board.
RECORDS COMMISSION
Small Business Investment Company (SBIC)
PUBLIC BUILDINGS REFORM BOARD Licensing.—SBA is directed to provide quar-
GRANTS PROGRAM SALARIES AND EXPENSES terly updates to the House and Senate Ap-
The bill provides $6,500,000 for the National The bill provides $3,500,000 for salaries and propriations Committee, the Senate Com-
Historical Publications and Records Com- expenses of the Public Buildings Reform mittee on Small Business and Entrepreneur-
mission (NHPRC) grants program. Board. ship, and the House Committee on Small
NATIONAL CREDIT UNION ADMINISTRATION SECURITIES AND EXCHANGE COMMISSION Business on SBIC approval rates.
SBIC Collaboration.—SBA is directed to
COMMUNITY DEVELOPMENT REVOLVING LOAN SALARIES AND EXPENSES continue its collaborative effort with the
FUND The bill provides $1,894,835,000 for the Secu- SEC to ensure effective oversight of SBICs
The bill provides $1,500,000 for the Commu- rities and Exchange Commission (SEC). Of and the protection of SBIC investors.
nity Development Revolving Loan Fund. that amount, the bill allocates no less than Size Standards.—There are concerns about
$16,313,000 for the Office of Inspector General. restrictive size standards for wildland fire-
OFFICE OF GOVERNMENT ETHICS
In addition, another $18,650,000 and $12,677,000 fighting and fuels management contracts.
SALARIES AND EXPENSES is provided for move, replication, and related SBA is encouraged to work with the Depart-
The bill provides $18,600,000 for salaries and costs associated with replacement leases for ment of the Interior and the Forest Service
expenses of the Office of Government Ethics. the Commission’s District of Columbia head- to address size standards for North American
quarters and the Commission’s San Fran- Industry Classification System Code 115310
OFFICE OF PERSONNEL MANAGEMENT
cisco Regional Office facilities, respectively. to ensure that the standard reflects the in-
SALARIES AND EXPENSES All funds are derived from offsetting collec- crease in costs associated with forest fire-
(INCLUDING TRANSFER OF TRUST FUNDS) tions, resulting in no net appropriation. fighting.
Climate Change Risks to Municipal Bond Outreach to Native Americans.—There are
The bill provides $329,755,000 for salaries
Markets.—The agreement does not adopt the concerns that SBA is not developing and
and expenses of the Office of Personnel Man-
House report directive on state and local mu- using training modules that are accessible to
agement (OPM). Within the amount pro-
nicipal bond markets. Native American owned entities. SBA is en-
vided, $160,130,000 is a direct appropriation
Reserve Fund Notifications.—The SEC’s ad- couraged to conduct Tribal consultations on
and $169,625,000 is a transfer from OPM trust
herence to its obligation to notify Congress all issues that affect Native American owned
funds. The bill provides at least $9,000,000 to
of the date, amount, and purpose of any obli- entities, not issues that solely affect Native
remain available until expended for OPM to
gation from the Reserve Fund within 10 days American owned entities, and to provide
improve information technology infrastruc-
of such obligation is appreciated. The SEC is training to its staff on conducting Tribal
ture modernization and the Trust Fund Fed-
directed, in its written notifications to Con- consultation, delivered by the Office of the
eral Financial System migration or mod-
gress required by 15 U.S.C. 78d(i)(3), to speci- National Ombudsman with the Office of Na-
ernization.
fy: (1) the balance in the fund remaining tive American Affairs and the Associate Gen-
Additional funding is provided above the available after the obligation is deducted; (2) eral Counsel for Procurement Law.
request to address OPM’s common services the estimated total cost of the project for Poultry Farmers.—There are concerns that
gap and IT modernization needs. which amounts are being deducted; (3) the the regulation entitled ‘‘Express Loan Pro-
IT Modernization.—OPM is directed to con- total amount for all projects that have with- grams; Affiliation Standards’’ will make it
tinue to provide quarterly briefings to the drawn funding from the fund since fiscal more difficult for poultry growers to access
Committees on its IT transformation and cy- year 2012; and (4) the estimated amount, per SBA loans and will serve to further drive
bersecurity strategy. project, that will be required to complete all rural Americans out of SBA’s loan programs.
Treatment of Multi-County Micropolitan Sta- ongoing projects which use funding derived SBA is urged to reconsider this rule to en-
tistical Areas.—OPM is directed to provide a from the fund. The SEC is also directed to sure that the operations of family farms
detailed report within 60 days of enactment submit, within 30 days of enactment of this across the country are not adversely im-
of this Act on why multi-county Act, a detailed spending plan for the alloca- pacted.
micropolitan statistical areas aren’t treated tion of expenditures from the fund. ENTREPRENEURIAL DEVELOPMENT PROGRAMS
as multi-county metropolitan statistical Municipal Securities Rulemaking Board.—
areas for the purpose of calculating eligi- The bill provides $272,000,000 for SBA En-
The agreement notes deep concerns by ap- trepreneurial Development Programs.
bility for locality pay, including the criteria parent profligacy at the Municipal Securi-
OPM would view as necessary for such equal ties Rulemaking Board (MSRB), a ‘‘self-regu- Program ($000)
treatment to occur. Further, OPM shall brief latory organization’’ established by Congress
the Committees on this matter no later than and overseen by the SEC. The agreement ex- 7(j) Technical Assistance Program (Contracting Assistance) .. 2,800
90 days after enactment of this Act. Entrepreneurship Education ....................................................... 2,500
pects the SEC to exercise rigorous oversight Federal and State Technology (FAST) Partnership Program ..... 4,000
Responsiveness to Congress.—OPM is ex- of the MSRB to curtail its penchant for Growth Accelerators ................................................................... 2,000
pected to fully comply with information re- prodigal behavior. HUBZone Program ...................................................................... 3,000
quests from the Committees. In instances Microloan Technical Assistance ................................................. 35,000
SELECTIVE SERVICE SYSTEM National Women’s Business Council ......................................... 1,500
when information or reports are deemed Native American Outreach ......................................................... 2,000
SALARIES AND EXPENSES PRIME Technical Assistance ...................................................... 5,500
agency-sensitive, OPM is expected to be
transparent and work collectively with the The bill provides $26,000,000 for the salaries Regional Innovation Clusters ..................................................... 6,000
SCORE ........................................................................................ 12,200
Committees to ensure that Congress has ac- and expenses of the Selective Service Sys- Small Business Development Centers (SBDC) .......................... 136,000
cess to information critical to its functions. tem. State Trade Expansion Program (STEP) .................................... 19,500
Veterans Outreach ..................................................................... 14,000
OFFICE OF INSPECTOR GENERAL SMALL BUSINESS ADMINISTRATION Women’s Business Centers (WBC) ............................................ 23,000
SALARIES AND EXPENSES Cybersecurity for Small Business Pilot Program ...................... 3,000
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $270,157,000 for salaries Total, Entrepreneurial Development Programs ...................... 272,000
and expenses of the Small Business Adminis-
The bill provides $32,265,000 for salaries and tration (SBA). The agreement includes at SBA is directed to modify its existing
expenses of the Office of Inspector General. least $12,000,000 for the SBA’s Office of Credit budgeting process to allow its resource part-
Within the amount provided, $5,000,000 is a Risk Management (OCRM) for lender over- ners, including SBDCs, WBCs, and SCORE, to
direct appropriation and $27,265,000 is a sight and risk-based reviews. Funding for the submit budget proposals that are in line with
transfer from OPM trust funds. Office of General Counsel is provided sepa- the enacted level for discretionary appro-
OFFICE OF SPECIAL COUNSEL rately from this total. OCRM must play a priations for the respective programs in the
SALARIES AND EXPENSES
key role in eliminating waste, fraud, and previous fiscal year rather than solely con-
abuse in the SBA lending programs and pro- sidering the proposed budget request level,
The bill includes $29,500,000 for salaries and tecting taxpayer losses on loans by ensuring which in recent years has not been reflected
expenses of the Office of Special Counsel. lenders comply with procedures that miti- of the level ultimately enacted by Congress.
POSTAL REGULATORY COMMISSION gate the risk of loss under the SBA’s loan Grants Management System.—SBA is di-
SALARIES AND EXPENSES programs. rected to provide a report within 30 days of
504 Loan Program Data.—SBA is directed to enactment of this Act on the implementa-
(INCLUDING TRANSFER OF FUNDS) publish 504 program data at the end of fiscal tion of a new grants management system
The bill provides $17,000,000 for the salaries year 2021, including but not limited to loan and the timeline for completion.
and expenses of the Postal Regulatory Com- default rates by sector and number of jobs Federal and State Technology Partnership
mission. created or retained under the project. (FAST) Program.—The agreement notes the
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H8444 CONGRESSIONAL RECORD — HOUSE December 21, 2020
FAST program’s efforts to reach innovative, sultation with appropriate individuals and Section 603 limits expenditures for any
technology-driven small businesses and to entities from the public and private sectors. consulting service through procurement con-
leverage the Small Business Innovation Re- Business Recovery Centers.—SBA is encour- tracts to those contracts where such expend-
search (SBIR) and Small Business Tech- aged to continue its close collaboration with itures are a matter of public record and
nology Transfer (STTR) program to stimu- the Federal Emergency Management Agency available for public inspection.
late economic development. The FAST pro- (FEMA) during disaster recovery and con- Section 604 prohibits funds in this Act
gram is particularly important in States sider additional co-location of Business Re- from being transferred without express au-
that are seeking to build high technology in- covery Centers and Disaster Recovery Cen- thority.
dustries but are underrepresented in the ters where economically practicable. SBA is Section 605 prohibits the use of funds to
SBIR/STTR programs. Small Business and directed to submit a report to the Commit- engage in activities that would prohibit the
Technology Development Centers (SBTDCs) tees within 120 days of enactment of this Act enforcement of section 307 of the Tariff Act
serve small businesses in these fields and are on the feasibility of additional co-location so of 1930 (46 Stat. 590).
accredited to provide intellectual property that SBA and FEMA are not searching for, Section 606 prohibits the use of funds un-
and technology commercialization assist- opening and operating separate facilities in less the recipient agrees to comply with the
ance to businesses in high technology indus- the aftermath of disasters. Buy American Act.
tries. Of the amount provided for FAST, Virtual Recovery Centers.—In many parts of Section 607 prohibits funding for any per-
$1,000,000 shall be for FAST awards to the country, broadband Internet access can son or entity convicted of violating the Buy
SBTDCs fully accredited for technology des- be difficult to find following a disaster, and American Act.
ignation as of December 31, 2020. Americans cannot always afford to wait to Section 608 authorizes the reprogramming
Growth Accelerators.—Within amounts pro- begin the recovery process until power and of funds and specifies the reprogramming
vided for growth accelerators, SBA shall Internet is restored. As a result, SBA’s deci- procedures for agencies funded by this Act.
prioritize funding to applications from rural sion to host virtual recovery centers in lieu Section 609 ensures that 50 percent of un-
areas that have not previously received an of traditional boots-on-the-ground recovery obligated balances may remain available for
award. centers in the aftermath of Hurricane Laura certain purposes.
Small Business Development Centers.—The and other natural disasters that have oc- Section 610 restricts the use of funds for
Administrator of the SBA shall, to the ex- curred in 2020 could unnecessarily prolong the Executive Office of the President to re-
tent practicable and subject to the avail- the recovery process for many individuals quest official background reports from the
ability of funds, ensure that a small business and small businesses. SBA is urged to recon- Federal Bureau of Investigation without the
development center is appropriately reim- sider this decision. written consent of the individual who is the
bursed within the same fiscal year in which SBA Disaster Loan Duplication of Assist- subject of the report.
the expenses are submitted for reimburse- ance.—There is concern that some disaster Section 611 ensures that the cost account-
ment for any and all legitimate expenses in- victims are penalized with disaster benefit ing standards shall not apply with respect to
curred in carrying out activities under sec- reductions if they apply for SBA disaster a contract under the Federal Employees
tion 21(a)(1) et seq. of the Small Business Act loans, but wind up not taking the loan when Health Benefits Program.
(15 U.S.C. 648(a)(1) et seq.). other Federal assistance is awarded. SBA is Section 612 allows the use of certain funds
Veterans Entrepreneur Pilot Program.—SBA urged to issue guidance relating to the con- relating to nonforeign area cost-of-living al-
is directed to expeditiously submit to the sideration of whether an applicant for assist- lowances.
Committees a report on a Veterans Entre- ance from the grantee applied and was ap- Section 613 prohibits the expenditure of
preneur Pilot Program as required by the proved for, but declined assistance to the funds for abortions under the Federal Em-
Consolidated Appropriations Act, 2020 (Pub- major disaster from the Administration ployees Health Benefits Program.
lic Law 116–93), which is now six months under section 7(b) of the Small Business Act. Section 614 provides an exemption from
overdue. section 613 if the life of the mother is in dan-
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS
Cybersecurity for Small Businesses Pilot Pro- ger or the pregnancy is a result of an act of
ADMINISTRATION
gram.—The agreement includes $3,000,000 for rape or incest.
(INCLUDING TRANSFER OF FUNDS) Section 615 waives restrictions on the pur-
a Cybersecurity Assistance Pilot Program
Section 540 provides transfer authority and chase of nondomestic articles, materials, and
that will competitively award up to three
availability of funds. supplies in the case of acquisition by the
grants to States to provide new small busi-
Section 541 authorizes the transfer of fund- Federal Government of information tech-
nesses with access to cybersecurity tools
ing available under the SBA ‘‘Salaries and nology.
during their formative and most vulnerable
Expenses’’ and ‘‘Business Loans Program Ac- Section 616 prohibits the acceptance by
years.
count’’ appropriations into the SBA Informa- agencies or commissions funded by this Act,
OFFICE OF INSPECTOR GENERAL tion Technology System Modernization and or by their officers or employees, of payment
The bill provides $22,011,000 for the Office Working Capital Fund. or reimbursement for travel, subsistence, or
of Inspector General. UNITED STATES POSTAL SERVICE related expenses from any person or entity
OFFICE OF ADVOCACY PAYMENT TO THE POSTAL SERVICE FUND (or their representative) that engages in ac-
The bill provides $9,190,000 for the Office of tivities regulated by such agencies or com-
The bill provides $55,333,000 for a payment
Advocacy. missions.
to the Postal Service Fund. Section 617 requires agencies covered by
BUSINESS LOANS PROGRAM ACCOUNT Postal Banking Pilot Programs.—The agree-
this Act with independent leasing authority
(INCLUDING TRANSFER OF FUNDS) ment does not adopt the House report direc-
to consult with the General Services Admin-
tive on postal banking pilot programs.
The bill provides $180,300,000 for the Busi- istration before seeking new office space or
Negotiated Service Agreements.—The USPS is
ness Loans Program Account. making alterations to existing office space.
encouraged to use the authority provided
DISASTER LOANS PROGRAM ACCOUNT
Section 618 provides for several appro-
under 39 U.S.C. 3622(c)(10)(A)(i) to improve
priated mandatory accounts, where author-
(INCLUDING TRANSFER OF FUNDS) its financial position.
izing language requires the payment of funds
The bill provides $168,075,000 for the admin- OFFICE OF INSPECTOR GENERAL for Compensation of the President, the Judi-
istrative costs of the Disaster Loans Pro- SALARIES AND EXPENSES cial Retirement Funds (Judicial Officers’ Re-
gram, of which $142,864,000 is designated as (INCLUDING TRANSFER OF FUNDS) tirement Fund, Judicial Survivors’ Annu-
being for disaster relief for major disasters ities Fund, and the United States Court of
The bill provides $250,000,000 for the Office
pursuant to section 251(b)(2)(D) of the Bal- Federal Claims Judges’ Retirement Fund),
of Inspector General.
anced Budget and Emergency Deficit Control the Government Payment for Annuitants for
Act of 1985. UNITED STATES TAX COURT Employee Health Benefits and Employee
2017 Hurricane Recommendations.—SBA is SALARIES AND EXPENSES Life Insurance, and the Payment to the Civil
encouraged to take action to implement the The bill provides $56,100,000 for salaries and Service Retirement and Disability Fund. In
five recommendations for Executive Action expenses of the United States Tax Court, of addition, language is included for certain re-
made by GAO in its report entitled, ‘‘Dis- which not to exceed $3,000 is available for of- tirement, healthcare, and survivor benefits
aster Loan Processing Was Timelier, but ficial reception and representation expenses. required by 3 U.S.C. 102 note.
Planning Improvements and Pilot Program TITLE VI Section 619 prohibits funds for the Federal
Evaluation Needed.’’ Trade Commission to complete the draft re-
Disaster Loan Assistance Portal.—SBA is en- GENERAL PROVISIONS—THIS ACT
port on food marketed to children unless cer-
couraged to prioritize funding to migrate the (INCLUDING RESCISSION OF FUNDS) tain requirements are met.
Disaster Loan Assistance Portal to the cloud Section 601 prohibits pay and other ex- Section 620 provides authority for Chief In-
to improve the user experience by making it penses of non-Federal parties intervening in formation Officers over information tech-
more accessible and intuitive. In updating regulatory or adjudicatory proceedings fund- nology spending.
the portal, SBA should enhance its systems ed in this Act. Section 621 prohibits funds from being used
to accommodate larger megapixel docu- Section 602 prohibits obligations beyond in contravention of the Federal Records Act.
ments. In addition, SBA is urged to develop the current fiscal year and prohibits trans- Section 622 relates to electronic commu-
a Disaster Loan Mobile Application, in con- fers of funds unless expressly provided. nications.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8445
Section 623 relates to Universal Service ness telecommunications initiatives, which packaged news stories that are broadcast or
Fund payments for wireless providers. benefit multiple Federal departments, agen- distributed in the United States unless spe-
Section 624 prohibits funds to be used to cies, and entities. cific notification conditions are met.
deny Inspectors General access to records. Section 712 requires agencies to certify Section 732 prohibits funds used in con-
Section 625 relates to pornography and that a schedule C appointment was not cre- travention of the Privacy Act, section 552a of
computer networks. ated solely or primarily to detail the em- title 5, United States Code or section 522.224
Section 626 prohibits funds to pay for ployee to the White House. of title 48 of the Code of Federal Regulations.
award or incentive fees for contractors with Section 713 prohibits the use of funds to Section 733 prohibits funds in this or any
below satisfactory performance. prevent Federal employees from commu- other Act from being used for Federal con-
Section 627 relates to conference expendi- nicating with Congress or to take discipli- tracts with inverted domestic corporations
tures. nary or personnel actions against employees or other corporations using similar inverted
Section 628 prohibits funds made available for such communication. structures, unless the contract preceded this
under this Act from being used to fund first- Section 714 prohibits Federal training not Act or the Secretary grants a waiver in the
class or business-class travel in contraven- directly related to the performance of offi- interest of national security.
tion of Federal regulations. cial duties. Section 734 requires agencies to remit to
Section 629 provides $850,000 for the Inspec- Section 715 prohibits the use of appro- the Civil Service Retirement and Disability
tors General Council Fund for expenses re- priated funds for publicity or propaganda de- Fund an amount equal to the Office of Per-
lated to www.oversight.gov. signed to support or defeat legislation pend- sonnel Management’s (OPM) average unit
Section 630 relates to contracts for public ing before Congress. cost of processing a retirement claim for the
relations services. Section 716 prohibits the use of appro- preceding fiscal year to be available to the
Section 631 prohibits funds for the SEC to priated funds by an agency to provide home OPM for the cost of processing retirements
finalize, issue, or implement any rule, regu- addresses of Federal employees to labor or- of employees who separate under Voluntary
lation, or order requiring the disclosure of ganizations, absent employee authorization Early Retirement Authority or who receive
political contributions, contributions to tax- or court order. Voluntary Separation Incentive Payments.
exempt organizations, or dues paid to trade Section 717 prohibits the use of appro- Section 735 prohibits funds to require any
associations in SEC filings. priated funds to provide nonpublic informa- entity submitting an offer for a Federal con-
Section 632 is a new provision relating to tion such as mailing or telephone lists to tract to disclose political contributions.
advertising and educational programming. any person or organization outside of the Section 736 prohibits funds for the painting
Section 633 is a new provision relating to Government without approval of the Com- of a portrait of an employee of the Federal
statements regarding projects or programs mittees on Appropriations of the House and Government including the President, the
funded by this agreement. Senate. Vice President, a Member of Congress, the
Section 634 rescinds $75,000,000 in unobli- Section 718 prohibits the use of appro- head of an executive branch agency, or the
gated balances from the Department of the priated funds for publicity or propaganda head of an office of the legislative branch.
Treasury, Treasury Forfeiture Fund. purposes within the United States not au- Section 737 limits the pay increases of cer-
Section 635 is a new provision requiring thorized by Congress. tain prevailing rate employees.
agencies funded in this Act to submit to the Section 719 directs agencies’ employees to Section 738 requires reports to Inspectors
Committees quarterly budget reports on ob- use official time in an honest effort to per- General concerning expenditures for agency
ligations. form official duties. conferences.
TITLE VII Section 720 authorizes the use of current Section 739 prohibits the use of funds to in-
GENERAL PROVISIONS—GOVERNMENT- fiscal year funds to finance an appropriate crease, eliminate, or reduce a program or
WIDE share of the Federal Accounting Standards project unless such change is made pursuant
Advisory Board administrative costs. to reprogramming or transfer provisions.
DEPARTMENTS, AGENCIES, AND CORPORATIONS Section 740 prohibits the Office of Per-
Section 721 authorizes the transfer of funds
(INCLUDING TRANSFER OF FUNDS) to the General Services Administration to fi- sonnel Management or any other agency
Section 701 requires agencies to administer nance an appropriate share of various Gov- from using funds to implement regulations
a policy designed to ensure that all its work- ernment-wide boards and councils under cer- changing the competitive areas under reduc-
places are free from the illegal use of con- tain conditions. tions-in-force for Federal employees.
trolled substances. Section 722 authorizes breastfeeding at any Section 741 prohibits the use of funds to
Section 702 sets specific limits on the cost location in a Federal building or on Federal begin or announce a study or a public-pri-
of passenger vehicles purchased by the Fed- property. vate competition regarding the conversion
eral Government with exceptions for police, Section 723 permits interagency funding of to contractor performance of any function
heavy duty, electric hybrid, and clean fuels the National Science and Technology Coun- performed by civilian Federal employees
vehicles and with an exception for commer- cil and requires an Office of Management and pursuant to Office of Management and Budg-
cial vehicles that operate on emerging motor Budget report on the budget and resources of et Circular A–76 or any other administrative
vehicle technology. the Council. regulation, directive, or policy.
Section 703 allows funds made available to Section 724 requires identification of the Section 742 ensures that contractors are
agencies for travel to also be used for quar- Federal agencies providing Federal funds and not prevented from reporting waste, fraud,
ters allowances and cost-of-living allow- the amount provided for all proposals, solici- or abuse by signing confidentiality agree-
ances. tations, grant applications, forms, notifica- ments that would prohibit such disclosure.
Section 704 prohibits the Government, with tions, press releases, or other publications Section 743 prohibits the expenditure of
certain specified exceptions, from employing related to the distribution of funding to a funds for the implementation of agreements
non-U.S. citizens whose posts of duty would State. in certain nondisclosure policies unless cer-
be in the continental United States. Section 725 prohibits the use of funds to tain provisions are included in the policies.
Section 705 ensures that agencies will have monitor personal information relating to the Section 744 prohibits funds to any corpora-
authority to pay the General Services Ad- use of Federal Internet sites. tion with certain unpaid Federal tax liabil-
ministration for space renovation and other Section 726 regards contraceptive coverage ities unless an agency has considered suspen-
services. under the Federal Employees Health Bene- sion or debarment of the corporation and
Section 706 allows agencies to use receipts fits Plan. made a determination that this further ac-
from the sale of materials for acquisition, Section 727 recognizes that the United tion is not necessary to protect the interests
waste reduction and prevention, environ- States is committed to ensuring the health of the Government.
mental management programs, and other of the Olympic, Pan American, and Section 745 prohibits funds to any corpora-
Federal employee programs. Paralympic athletes, and supports the strict tion that was convicted of a felony criminal
Section 707 provides that funds for admin- adherence to anti-doping in sport activities. violation within the preceding 24 months un-
istrative expenses may be used to pay rent Section 728 allows departments and agen- less an agency has considered suspension or
and other service costs in the District of Co- cies to use official travel funds to participate debarment of the corporation and has made
lumbia. in the fractional aircraft ownership pilot a determination that this further action is
Section 708 precludes interagency financ- programs. not necessary to protect the interests of the
ing of groups absent prior statutory ap- Section 729 prohibits funds for implemen- Government.
proval. tation of OPM regulations limiting detailees Section 746 relates to the Consumer Finan-
Section 709 prohibits the use of appro- to the legislative branch and placing certain cial Protection Bureau (CFPB). Given the
priated funds for enforcing regulations dis- limitations on the Coast Guard Congres- need for transparency and accountability in
approved in accordance with the applicable sional Fellowship program. the Federal budgeting process, the CFPB is
law of the United States. Section 730 restricts the use of funds for directed to provide an informal, nonpublic
Section 710 limits the amount that can be Federal law enforcement training facilities full briefing at least annually before the rel-
used for redecoration of offices under certain with an exception for the Federal Law En- evant Appropriations subcommittee on the
circumstances. forcement Training Center. CFPB’s finances and expenditures.
Section 711 permits interagency funding of Section 731 prohibits executive branch Section 747 addresses possible technical
national security and emergency prepared- agencies from creating or funding pre- scorekeeping differences for fiscal year 2021
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H8446 CONGRESSIONAL RECORD — HOUSE December 21, 2020
between the Office of Management and Budg- Section 808 concerns a ‘‘conscience clause’’ provision will apply to the District of Colum-
et and the Congressional Budget Office. on legislation that pertains to contraceptive bia Courts, the Court Services and Offender
Section 748 eliminates automatic statutory coverage by health insurance plans. Supervision Agency and the District of Co-
pay increase for the Vice President, political Section 809 prohibits Federal funds to lumbia Public Defender Service.
appointees paid under the executive sched- enact or carry out any law, rule, or regula- Section 816 appropriates local funds during
ule, ambassadors who are not career mem- tion to legalize or reduce penalties associ- fiscal year 2022 if there is an absence of a
bers of the Foreign Service, political ap- ated with the possession, use or distribution continuing resolution or regular appropria-
pointed (noncareer) Senior Executive Service of any schedule I substance under the Con- tion for the District of Columbia. Funds are
employees, and any other senior political ap- trolled Substances Act or any provided under the same authorities and con-
pointee paid at or above level IV of the exec- tetrahydrocannabinols derivative. In addi- ditions and in the same manner and extent
utive schedule. tion, section 809 prohibits Federal and local as provided for in fiscal year 2021.
Section 749 declares the inapplicability of funds to enact any law, rule, or regulation to Section 817 provides the District of Colum-
these general provisions to title IV and title legalize or reduce penalties associated with bia authority to transfer, receive, and ac-
VIII. the possession, use or distribution of any quire lands and funding it deems necessary
TITLE VIII schedule I substance under the Controlled for the construction and operation of inter-
Substances Act or any state bridges over navigable waters, includ-
GENERAL PROVISIONS—DISTRICT OF
tetrahydrocannabinols derivative for rec- ing related infrastructure, for a project to
COLUMBIA
reational purposes. expand commuter and regional passenger
(INCLUDING TRANSFERS OF FUNDS) Section 810 prohibits the use of funds for rail service and provide bike and pedestrian
Section 801 allows the use of local funds for abortion except in the cases of rape or incest access crossings.
making refunds or paying judgments against or if necessary, to save the life of the moth-
Section 818 is a new provision requiring
the District of Columbia government. er.
each Federal and District government agen-
Section 802 prohibits the use of Federal Section 811 requires the CFO to submit a
cy appropriated Federal funding in this Act
funds for publicity or propaganda designed to revised operating budget no later than 30 cal-
to submit to the Committees quarterly budg-
support or defeat legislation before Congress endar days after the enactment of this Act
et reports on obligations.
or any State legislature. for agencies the CFO certifies as requiring a
Section 803 establishes reprogramming reallocation in order to address unantici- Section 819 specifies that references to
procedures for Federal funds. pated program needs. ‘‘this Act’’ in this title or title IV are treat-
Section 804 prohibits the use of Federal Section 812 requires the CFO to submit a ed as referring only to the provisions of this
funds for the salaries and expenses of a shad- revised operating budget for the District of title and title IV.
ow U.S. Senator or U.S. Representative. Columbia Public Schools, no later than 30 TITLE IX
Section 805 places restrictions on the use calendar days after the enactment of this
GENERAL PROVISION—EMERGENCY
of District of Columbia government vehicles. Act, which aligns schools’ budgets to actual
FUNDING
Section 806 prohibits the use of Federal enrollment.
funds for a petition or civil action which Section 813 allows for transfers of local Section 901 provides $50,000,000 in emer-
seeks to require voting rights for the Dis- funds between operating funds and capital gency funding for the National Archives and
trict of Columbia in Congress. and enterprise funds. Records Administration’s Records Center
Section 807 prohibits the use of Federal Section 814 prohibits the obligation of Fed- Revolving Fund to offset the losses resulting
funds in this Act to distribute, for the pur- eral funds beyond the current fiscal year and from the coronavirus pandemic of user fees
pose of preventing the spread of blood borne transfers of funds unless expressly provided collected by the fund. These funds may be
pathogens, sterile needles or syringes in any herein. used to accelerate the processing of requests
location that has been determined by local Section 815 provides that not to exceed 50 for military service records.
public health officials or local law enforce- percent of unobligated balances from Federal This division may be cited as ‘‘Financial
ment authorities to be inappropriate for appropriations for salaries and expenses may Services and General Government Appropria-
such distribution. remain available for certain purposes. This tions Act, 2021.’’
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H8466 CONGRESSIONAL RECORD — HOUSE December 21, 2020
DIVISION F—DEPARTMENT OF HOME- Biometric Exit.—Not later than 30 days after mation about whether any adult in the group
LAND SECURITY APPROPRIATIONS ACT, the date of enactment of this Act, the De- was subsequently charged civilly or crimi-
2021 partment is directed to provide an expendi- nally with a trafficking offense. The report
The following is an explanation of Division ture plan for H–1B and L–1 fee revenue and shall also detail processes for ensuring the
F, which makes appropriations for the De- any other resources to be applied to biomet- reunification of separated family units.
partment of Homeland Security (DHS) for ric exit implementation. The Secretary is Federal Law Enforcement.—The agreement
fiscal year 2021. Funding provided in this encouraged to continue working with the notes that the explanatory statement ac-
agreement not only sustains existing pro- Government of Mexico to adopt technology companying the Commerce, Justice, Science,
grams that protect the nation from all man- infrastructure that would support entry and and Related Agencies Appropriations Act,
exit data exchange. Not later than 180 days 2021 directs the Attorney General to ensure
ner of threats, it ensures DHS’s ability to
after the date of enactment of this Act, the implementation of evidence-based training
improve preparedness at the federal, state,
Department shall brief the Committees on programs on de-escalation and the use-of-
local, tribal, and territorial levels; prevent
its ongoing efforts to address entry and exit force, as well as on police-community rela-
and respond to terrorist attacks; and hire,
data collection and exchange in the land bor- tions, that are broadly applicable and scal-
train, and equip DHS frontline forces pro-
der environment. able to all Federal law enforcement agencies.
tecting the homeland.
Blue Campaign.—The agreement includes The agreement further notes that several
The joint explanatory statement accom-
$2,600,000 for the Blue Campaign, an increase agencies funded by this Act employ Federal
panying this division is approved and indi-
of $1,000,000 above the request to continue law enforcement officers and are Federal
cates congressional intent. Unless otherwise
the transition of the program to direct ap- Law Enforcement Training Centers partner
noted, the language set forth in House Re- organizations. The agreement directs such
port 116–458 carries the same weight as lan- propriations and away from a reliance on
component contributions. The Department is agencies to consult with the Attorney Gen-
guage included in this joint explanatory eral regarding the implementation of these
statement and should be complied with un- directed to sustain not less than $3,000,000 in
component contributions in fiscal year 2021 programs for their law enforcement officers.
less specifically addressed to the contrary in The agreement further directs such agencies
this joint explanatory statement. While to support a total funding level of $5,600,000.
The Department is directed to fully account to brief the Committees on Appropriations
some language is repeated for emphasis, it is on their efforts relating to such implementa-
not intended to negate the language referred for Blue Campaign funding support in future
budget submissions and is urged to continue tion no later than 90 days after consultation
to above unless expressly provided herein. with the Attorney General. In addition, the
When this joint explanatory statement re- transitioning the program to direct appro-
priations. agreement directs such agencies, to the ex-
fers to the Committees or the Committees on tent that they are not already participating,
Appropriations, these references are to the DATA Act Reporting.—The Department is
directed to submit timely, accurate, and to consult with the Attorney General and
House Appropriations Subcommittee on the Director of the FBI regarding participa-
Homeland Security and the Senate Appro- complete financial and award information in
accordance with established management tion in the National Use-of-Force Data Col-
priations Subcommittee on Homeland Secu- lection. The agreement further directs such
rity. guidance, reporting processes, and data
standards established under the require- agencies to brief the Committees on Appro-
This joint explanatory statement refers to priations, no later than 90 days after enact-
certain entities, persons, funds, and docu- ments of the Digital Accountability and
Transparency Act (Public Law 113–101). ment of this Act, on their current efforts to
ments as follows: the Department of Home- so participate.
Family Separations and Reunification.—
land Security is referenced as DHS or the Future Goods and Services for Homeland Se-
Whenever possible and consistent with the
Department; the Government Accountability curity Feasibility Report.—The Secretary, in
best interests of the child, the Department
Office is referenced as GAO; and the Office of conjunction with the Federal Emergency
shall ensure that separated family units are
Inspector General of the Department of Management Agency (FEMA), the Cyberse-
reunited prior to removal or release from
Homeland Security is referenced as OIG. In curity and Infrastructure Security Agency
U.S. Customs and Border Protection (CBP)
addition, ‘‘full-time equivalents’’ are re- (CISA), other relevant DHS components and
custody and remain together upon transfer
ferred to as FTE; ‘‘Information Technology’’ other federal agencies and departments,
to U.S. Immigration and Customs Enforce-
is referred to as IT; ‘‘program, project, and shall provide a report to the Committees not
ment (ICE) or Office of Refugee Resettle-
activity’’ is referred to as PPA; any ref- later than 90 days after the date of enact-
ment (ORR) custody. Individuals transferred
erence to ‘‘the Secretary’’ should be inter- ment of this Act on the feasibility of pro-
from CBP to ICE custody, currently in ICE
preted to mean the Secretary of Homeland ducing an annual projection of needs for
custody, or under ICE supervision should
Security; ‘‘component’’ should be interpreted goods and services necessary for responding
also have opportunities to report family sep-
to mean an agency, administration, or direc- to and supporting recovery from nationwide
aration incidents; to verify the status, loca-
torate within DHS; any reference to SLTT disruptions. The report shall also address the
tion, and disposition of family members; and
should be interpreted to mean state, local, potential impacts of domestic and non-do-
to regularly communicate by telephone with
tribal, and territorial; and ‘‘budget request’’ mestic sourcing of supply chains on the resil-
family members. The Department shall en-
or ‘‘the request’’ should be interpreted to ience of response and recovery activities.
sure that agents and officers are properly
mean the budget of the U.S. Government for Human Trafficking and Child Exploitation.—
trained in child welfare screening for child
fiscal year 2021 that was submitted to Con- The Department is directed to brief the Com-
victims of trafficking, in accordance with
gress on February 10, 2020. mittees semiannually on department-wide
the Trafficking Victims Protection Reau-
TITLE I—DEPARTMENTAL MANAGE- thorization Act of 2008 (Public Law 110–457). efforts to combat human trafficking and
MENT, OPERATIONS, INTELLIGENCE, CBP shall also continue to follow direction child exploitation.
AND OVERSIGHT in Senate Report 116–125 regarding Immigra- Human Trafficking Study.—The Secretary is
OFFICE OF THE SECRETARY AND EXECUTIVE tion Reunification. directed to provide a report, not later than
MANAGEMENT The Department is directed to continue to 270 days after the date of enactment of this
provide a monthly report to the Committees, Act, describing the extent of human traf-
OPERATIONS AND SUPPORT ficking in the United States. The report
to also be made public on the department’s
The agreement includes an increase of shall be consistent with the appropriate
website, which shall document when and
$30,460,000 above the budget request, includ- partnerships and consultations described
where all family separations occur;
ing program increases above the request of: (1) the number of children separated from below, and all applicable laws, including pro-
$2,000,000 for the Office of Strategy, Policy, their parents at the border, delineated by visions enacted to protect the privacy of vic-
and Plans for the Immigration Data Integra- age and nationality of the children and the tims and those intended to ensure the par-
tion Initiative; $7,900,000 for the Office for parents or legal guardians; ticipation of victims and witnesses without
Civil Rights and Civil Liberties (OCRCL); (2) the nature of administrative or crimi- regard to immigration status.
$20,000,000 for the Office of the Immigration nal charges filed against adult family mem- In completing the report, the Secretary
Detention Ombudsman (OIDO); and $1,500,000 bers; shall consult with the Federal Bureau of In-
for the Office of Partnership and Engage- (3) the basis for the separation; vestigations (FBI), the Department of State,
ment. (4) how often family units apprehended to- the Department of Labor, the Interagency
In addition, the agreement provides gether are detained in ICE custody, referred Task Force to Monitor and Combat Traf-
$3,545,000 above the request to maintain cur- to ORR, and/or deported separately; ficking, and other federal departments, agen-
rent services, including $1,227,000 for the Pri- (5) whether child welfare experts were con- cies, task forces, state, local, tribal, and ter-
vacy Office; $1,741,000 for OCRCL; and $577,000 sulted prior to the family’s physical separa- ritorial government entities the Secretary
for the Office of the Citizenship and Immi- tion; determines appropriate. The Secretary shall
gration Services Ombudsman. (6) whether a group presenting as a family determine the appropriate time period to be
The agreement reduces funding a total of unit arrived at the border and was separated addressed by the report in describing the
$4,485,000 below the request, including reduc- after being determined not to meet the legal current extent of trafficking and identify
tions of $1,889,000 associated with personnel definition of a family unit; and which data on the incidence of human traf-
cost adjustments and $2,596,000 associated (7) in cases where CBP separates individ- ficking is currently reported to any federal
with the proposed Joint Cyber Coordination uals claiming to be a family unit on the department or agency, or state, local, tribal,
Group. basis of suspected human trafficking, infor- or territorial government entities, and
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8467
whether the Department has access or could components and federal law enforcement en- (2) an assessment methodology that de-
appropriately obtain access to such data. tities, including other such entities of the tails—
Such access should be consistent with pri- Department of Homeland Security. (A) the type and source of assessment data;
vacy protection laws, applicable state laws, Office for Targeted Violence and Terrorism (B) the methods for and frequency of col-
or other applicable laws. The report shall Prevention (OTVTP).—The agreement in- lecting such data; and
also identify any data that is not currently cludes the requested increases above the fis- (C) how such data will be analyzed;
available that would be useful in informing cal year 2020 levels for targeted violence and (3) an implementation plan, including
prevention efforts. terrorism prevention activities across sev- milestones, a cost estimate, and schedule,
The report shall also include the following eral accounts. Not later than 30 days after including an end date; and
information, if reasonably available: the date of enactment of this Act, OTVTP is (4) a signed interagency agreement or
(1) the estimated number of human traf- directed to brief the Committees on its plans memorandum of agreement for any pilot or
ficking victims, disaggregated by whether for continuing the local community aware- demonstration program involving the par-
the victim was— ness and training program and on the goals ticipation of more than one departmental
(A) trafficked within a state; for the grant program. The briefing shall ad- component.
(B) trafficked in interstate commerce; or dress the status of hiring regional coordina- Not later than 90 days after the date of
(C) trafficked from an international loca- tors; include a description of all threats; de- completion of a pilot or demonstration pro-
tion; and scribe how threats are communicated to gram, the Secretary is directed to provide a
(2) a description of industries and geo- SLTT governments, the public, and the pri- report or briefing to the Committees detail-
graphical regions in which the practice of vate sector; identify the resources and train- ing lessons learned, actual costs, and any
human trafficking is most prevalent. ing currently available to combat threats, planned expansion or continuation of the
For the purposes of the report, human traf- including terrorism prevention training ma- pilot or demonstration program. For pur-
ficking shall have the same meaning as in terials; and describe the progress in imple- poses of these directives, a pilot or dem-
section 7102 of title 22, United States Code, menting the recommendations of the Home- onstration program is defined as a policy im-
including but not limited to sex and labor land Security Operational Analysis Center’s plementation, study, demonstration, experi-
trafficking. It does not include conduct de- Practical Terrorism Prevention study. mental program, or trial that is a small-
scribed in Section 212(a)(6)(E) of the Immi- The Department is directed to coordinate scale, short-term experiment conducted in
gration and Nationality Act, unless such with the Department of Justice, including order to evaluate feasibility, duration, costs,
conduct was for the sole purpose of human the FBI, and key public safety officials or adverse events, and improve upon the de-
trafficking. Information collected for the re- across the United States to promote infor- sign of an effort prior to implementation of
port shall not be shared or accessed by any mation sharing and ensure an effective joint a larger-scale effort.
person for the purpose of enforcement or in- effort to combat domestic terrorism. The De- Programs, Projects, and Activities Structure.—
vestigation of potential immigration law partment is also directed to review its anti- The table at the end of this explanatory
violations. terrorism training and resource programs for statement adopts the department’s proposed
Joint Requirements Council (JRC).—The De- federal and SLTT law enforcement agencies, consolidation of PPAs for the Office of the
partment is directed to continue quarterly with a focus on ensuring they are effective in Secretary and Executive Management
briefings on JRC activities and to brief the helping law enforcement agencies under- (OSEM) for purposes of section 503 re-
Committees at least 60 days prior to any stand, detect, deter, and investigate extrem- programming notification requirements. The
changes to or transfer of the JRC to other ist attempts to infiltrate law enforcement Department is directed to continue to pro-
headquarters organizational units. agencies. vide funding details at the level of individual
Language Access Programs.—Within 180 days Not later than 90 days after the date of en- OSEM offices, however, to ensure continued
of the date of enactment of this Act, OCRCL actment of this Act, the Department is di- transparency for congressional oversight.
shall conduct an analysis of component lan- rected to brief the Committees on Appropria- Public Reporting of Operational Statistics.—
guage access plans, including assessments of tions and Judiciary of the House and the The Department is directed to submit quar-
whether: Senate on its assessment of the domestic ter- terly Border Security Status Reports and
(1) the elements of existing plans meet ap- rorism threat, including extremist efforts to data on the deportation of the parents of
plicable requirements and support plan infiltrate federal and SLTT law enforcement U.S.-born children semiannually, as in prior
goals; agencies. The briefings shall also include an years.
(2) components effectively implement their analysis of acts or attempted acts of domes- REAL ID.—The Office of the Secretary, in
plans; tic terrorism in the United States during fis- conjunction with the Transportation Secu-
(3) components have in place an effective cal year 2020. rity Administration and other appropriate
process for routinely evaluating plan imple- Office of the Immigration Detention Ombuds- components, should make every effort to
mentation; and man (OIDO).—OIDO is reminded of the statu- support the needs of states related to the
(4) legal rights orientations are provided in tory requirements outlined in section 205 of REAL ID transition.
an appropriate language for migrants in cus- title 6, United States Code, including the de- Records Management.—The Department is
tody or in removal proceedings. livery of an annual report on the office’s ac- expected to maintain records and respond to
Any recommendations developed after re- tivities, findings, and recommendations, and records requests according to the require-
view of the existing plans should be based on a requirement that departmental personnel ments of section 552 of title 5, United States
the four-factor analysis identified in Section work cooperatively with OIDO in support of Code, for information related to all detainees
4 of the department’s Master Language Ac- its mission. in the custody of the Department, regardless
cess plan. Outreach to Tribes and Rural Areas.—The of whether such detainees are housed in a
Law Enforcement Support.—Not later than Office of Partnership and Engagement is di- federal or non-federal detention facility.
30 days after the date of enactment of this rected to brief the Committees not later Records should only be withheld from disclo-
Act and updated quarterly thereafter, the than 90 days after the date of enactment of sure if the Department reasonably foresees
Secretary shall provide a report to the Com- this Act on its outreach efforts to rural com- that disclosure would harm an interest pro-
mittees on all requests to any law enforce- munities and tribes in support of the home- tected by an exemption described in section
ment component of the Department of land security mission. 552(b) of title 5, United States Code, or is
Homeland Security for law enforcement sup- Outreach to Universities.—Within funds pro- otherwise prohibited by law.
port in the form of personnel, aircraft, equip- vided, the Secretary is urged to expand out- Response Strategy for Biological Threats.—As
ment, or any other assets, which shall in- reach to universities, including through es- described in the House report, the Secretary
clude each of the following for each request- tablishing an advisory board of academic in- is directed to establish and maintain a re-
ing entity: stitutions and associations. sponse strategy for biological threats that
(1) the name of the entity; Personnel Cost Adjustments.—Department- have the potential to impact the ability of
(2) the purposes for which support is re- wide attrition and hiring challenges in fiscal the Department to execute or sustain its
quested; year 2020 reduced staffing levels at the begin- homeland security mission, and to provide a
(3) the numbers of personnel and the cat- ning of fiscal year 2021, leading to reduced briefing on the strategy to the Committees
egories and numbers of assets requested; personnel funding requirements for the re- not later than 120 days after the date of en-
(4) the duration of the requested support; maining months of the fiscal year. As a re- actment of this Act.
(5) whether the requested support was pro- sult, the agreement includes personnel cost State Police and Crime Labs.—The Depart-
vided; adjustments across departmental compo- ment should continue to work with state
(6) the position of the departmental official nents based on the most recent information crime labs where available, particularly in
who approved providing such support; available to the Committees. areas not adequately served by departmental
(7) the dates and descriptions of any sup- Pilot Programs.—The Secretary is directed labs or other federal facilities, and to pro-
port provided; to provide the Committees with the fol- vide appropriate assistance to state police
(8) the cost of providing such support; and lowing information for any new pilot or dem- crime labs to ensure federal requirements do
(9) whether the support is subject to reim- onstration program by a departmental com- not burden state resources and to prevent
bursement by the requesting entity. ponent prior to its initiation: the accumulation of backlogs that can slow
These reporting requirements shall apply to (1) objectives that are well-defined and investigations. The Department shall report
requests from non-federal law enforcement measurable; annually on its use of, and partnerships with,
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H8468 CONGRESSIONAL RECORD — HOUSE December 21, 2020
state crime labs, including an accounting of Public Law 114–113 and shall ensure that tions and decommissioning, improvements
funding associated with such partnerships. such plans are connected to activity-level at Mt. Weather, human resources tech-
Telephone Access.—In lieu of language in details in the budget justification materials. nology, financial systems modernization, the
the House report, DHS is directed to brief Counter-Unmanned Aerial Systems (CUAS).— DHS Data Framework, personnel vetting and
the Committees not later than 90 days after The Department is directed to include an es- identity management, and DHS OneNet. No
the date of enactment of this Act, on its timate of DHS-wide CUAS funding, by ac- funding is provided for proposed head-
policies and procedures for ensuring that in- count and PPA, in the justification mate- quarters consolidation activities at the St.
dividuals in its custody have meaningful ac- rials accompanying the fiscal year 2022 budg- Elizabeths campus.
cess to telephones and other modes of com- et request. In addition, within 60 days of the DHS Headquarters Consolidation.—Within 90
munication. The briefing shall also include date of enactment of this Act, the Depart- days of the date of enactment of this Act,
an update on policies, procedures, and imple- ment shall brief the Committees on its esti- the Department shall provide to the Com-
mentation of changes in response to federal mated funding needs, including those not ad- mittees an updated plan for the St. Eliza-
litigation related to telephone access for de- dressed within the fiscal year 2022 budget re- beths campus that has been certified by the
tainees. quest, for fiscal years 2022 through 2024 to re- Secretary, to include cost savings associated
Tribal Consultation.—Within 180 days of the search, test, acquire, and deploy CUAS capa- with the construction of new headquarters
date of enactment of this Act, the Depart- bilities. facilities for the Office of Intelligence and
ment shall consult and work with tribes to Cybersecurity Professionals.—Not later than Analysis and ICE.
update the mandatory base level tribal train- 30 days after the date of enactment of this Financial Services Modernization.—Within 90
ing course for DHS personnel, including full- Act, the Office of the Chief Human Capital days of the date of enactment of this Act,
time employees, part-time employees, and Officer, in coordination with the Office of OCFO shall brief the Committees on the sta-
contractors who have regular interactions the Chief Information Officer (OCIO) and tus of its financial services modernization
with tribal members or are likely to encoun- CISA, shall brief the Committees on the sta- programs, including a multi-year plan for
ter tribal members at their duty station. tus of meeting the department’s cybersecu- reaching full operating capability with de-
Visa Overstays.—Consistent with section rity hiring goals and plans for developing tails on both cost and schedule.
1376 of title 8, United States Code, the De- standardized metrics to ensure consistency INTELLIGENCE, ANALYSIS, AND OPERATIONS
partment is directed to submit an updated in identifying personnel skills and talents COORDINATION
report outlining its comprehensive strategy across the Department. The briefing should OPERATIONS AND SUPPORT
for overstay enforcement and deterrence not also include recommendations on how the
qualification standards for IT-focused jobs The agreement reduces the request by
later than 180 days after the date of enact-
can be regularly updated to meet the depart- $14,138,000. A total of $82,620,000 is available
ment of this Act. The report shall detail on-
ment’s needs. until September 30, 2022.
going actions to identify aliens who have
Data Center Consolidation.—In addition to Annual Budget Justification Materials.—The
overstayed their visas, including efforts to
budget justification materials and obligation fiscal year 2022 budget justification mate-
improve overstay reporting capabilities; no-
plans, OCIO shall provide semiannual brief- rials for the classified budget shall include
tify aliens in advance of their required de-
ings to the Committees on the execution of the same level of detail required for other
parture dates; track overstays for enforce-
its major initiatives and investment areas, appropriations and PPAs.
ment action; refuse or revoke current and fu-
including details regarding cost, schedule, Intelligence Expenditure Plan.—The depart-
ture visas and travel authorization; and oth-
hybrid data center and cloud solutions, and ment’s Chief Intelligence Officer is directed
erwise deter violations or take enforcement
the transfer of systems to or from depart- to brief the Committees on the fiscal year
action.
ment data centers or external hosts. 2021 expenditure plan for the Office of Intel-
Wildlife Trafficking.—The Secretary is di-
Hiring in Rural Communities.—Not later ligence and Analysis within 180 days of the
rected to provide an updated report, not
than 90 days after the date of enactment of date of enactment of this Act. The plan shall
later than 45 days after the end of fiscal year
this Act, the Department is directed to pro- include the following:
2021, describing the department’s efforts to
vide a report to the Committees on the chal- (1) fiscal year 2021 expenditures and staff-
address wildlife trafficking and the illegal
lenges of recruiting and retaining federal ing allotted for each program as compared to
natural resources trade, including an ac-
employees in non-contiguous and rural fiscal years 2017 through 2020;
counting of the resources the Department (2) all funded versus on-board positions, in-
has dedicated to such activities and steps states. The report shall include a clear de-
cluding FTE, contractors, and reimbursable
taken to improve coordination with the U.S. scription of the obstacles related to using
and non-reimbursable detailees;
Fish and Wildlife Service, Office of Law En- small businesses; information about rates of
(3) a plan for all programs and invest-
forcement. The report shall include options attrition; the numbers of unfilled positions;
ments, including dates or timeframes for
for making this information publicly and and the duration of time for which those po-
achieving key milestones;
routinely available on an annual basis. sitions have remained vacant. The report
(4) allocations of funding within each PPA
shall also provide an assessment of the effect
FEDERAL ASSISTANCE for individual programs and a description of
these vacancies have on the ability of com-
The agreement provides $25,000,000, includ- the desired outcomes for fiscal year 2021; and
ponents to accomplish their statutory and (5) items outlined in the classified annex
ing $20,000,000 for targeted violence and ter- administrative responsibilities.
rorism prevention grants and $5,000,000 for an accompanying this explanatory statement.
Office of Biometric Identity Management
Alternatives to Detention case management (OBIM) Semi-Annual Briefings.—OBIM is di- OFFICE OF INSPECTOR GENERAL
grant pilot program, to be transferred to rected to continue briefing the Committees OPERATIONS AND SUPPORT
FEMA for purposes of administration. on a semiannual basis on its workload, serv- The agreement includes an increase of
MANAGEMENT DIRECTORATE ice levels, staffing, modernization efforts, $12,407,000 above the budget request for in-
OPERATIONS AND SUPPORT and other operations. creased monitoring and oversight of border
The agreement includes an overall reduc- Reception and Representation Expenses.—The security and immigration enforcement ac-
tion of $4,034,000 below the request associated Department shall continue to submit quar- tivities.
with proposed awards spending increases and terly obligation reports to the Committees Acquisition Fraud.—Within the funding pro-
personnel cost adjustments. for all reception and representation ex- vided, OIG is directed to continue and ex-
Budget Justifications.—The Department is penses, as required in prior years, and shall pand oversight related to acquisition fraud.
expected to provide complete justification refrain from using reception and representa- Custody Operations Reporting.—OIG is di-
materials for the fiscal year 2022 budget re- tion funds to purchase collectibles or memo- rected to continue its program of unan-
quest, providing details for each office and rabilia. nounced inspections of immigration deten-
Small Unmanned Aerial Systems (sUAS) Pro- tion facilities and shall publish its final re-
program and clearly describing and account-
curement.—For any acquisition of foreign- port regarding the inspections within 180
ing for current services, transfers, adjust-
made sUAS using funds provided in this Act, days of the date of enactment of this Act.
ments to base, and program changes. The
including grant funding, the Department The Inspector General shall ensure that the
justifications shall continue to include the
shall require certification that the acquiring results of the inspections and other reports
elements and level of detail described in Sen-
entity has reviewed relevant industry alerts and notifications related to custody oper-
ate Report 116–125.
and completed a risk assessment that con- ations activities are posted on a publicly
In addition, the Chief Financial Officer is
siders the proposed use of the foreign-made available website.
directed to ensure that fiscal year 2022 budg-
sUAS. The Department is directed to con- TITLE I—ADMINISTRATIVE PROVISIONS
et justification materials for classified and
duct a review of domestically produced sUAS
unclassified budgets of all components are Section 101. The agreement continues a
alternatives and update guidance on the ac-
submitted concurrent with the President’s provision requiring the Inspector General to
quisition and use of sUAS, as appropriate.
budget submission to the Congress. review grants and contracts awarded by
Component Obligation Plans.—The Depart- PROCUREMENT, CONSTRUCTION, AND means other than full and open competition
ment shall continue submitting obligation IMPROVEMENTS and report the results to the Committees.
plans to the Committees on a quarterly The agreement provides $144,655,000 below Section 102. The agreement continues a
basis, consistent with direction provided in the request. The total includes the requested provision requiring the Chief Financial Offi-
the explanatory statement accompanying amounts for headquarters lease consolida- cer to submit monthly budget execution and
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8469
staffing reports within 30 days after the close cessible website, on the schedule for deploy- detect the presence of fentanyl and other
of each month. ing body-worn cameras and detailing rel- narcotics, including lab equipment, decon-
Section 103. The agreement continues a evant policies and procedures for the use of tamination solutions, personal protective
provision directing the Secretary to require the technology and retention of and access equipment, and other consumables, and by
that contracts providing award fees link to video data. increasing the number of scientists at POEs
such fees to successful acquisition outcomes. Border Searches and Electronics.—In addi- and express consignment facilities to rapidly
Section 104. The agreement continues a tion to direction provided in House Report interpret screening test results.
provision requiring the Secretary, in con- 116–458 related to searches of electronic de- Expansion of Arizona and New Mexico Border
junction with the Secretary of the Treasury, vices, CBP shall continue to follow direction Zone Travel.—Under current policy, eligible
to notify the Committees of any proposed provided in Senate Report 116–125. Mexican nationals can travel in certain
transfers from the Department of Treasury Border Security Deployment Program areas of Arizona and New Mexico for up to 30
Forfeiture Fund to any agency at DHS. No (BSDP).—CBP shall provide the Committees days. With CBP increasing security due to
funds may be obligated prior to such notifi- a briefing within 120 days of the date of en- the recurrent vetting of travelers, this policy
cation. actment of this Act on the agency’s plan to focuses on efficiencies and has shown both a
Section 105. The agreement continues a expand BSDP at land ports of entry (LPOEs). decrease in costs to CBP and an increase in
provision related to official travel costs of Continued Dumping and Subsidy Offset Act revenue to local economies in those states as
the Secretary and Deputy Secretary. (CDSOA).—It is concerning that the intent of a result of additional opportunities for free-
Section 106. The agreement continues a Congress under CDSOA (Public Law 106–387) dom of movement. CBP is encouraged to ini-
provision requiring the Secretary to submit is being diluted by CBP’s requests that do- tiate a pilot program to expand travel oppor-
a report on visa overstay data and to post mestic industries that received prior, incor- tunities to the entire State of Arizona and
border security metrics on the department’s rect payments of collected duties under State of New Mexico. The pilot should not
website. CDSOA return those payments due to CBP’s change who would be eligible for a visa, the
various collections litigation setbacks, set- duration of each visit, or the method of
TITLE II—SECURITY, ENFORCEMENT, tlements, or administrative errors. As most entry. CBP shall provide a briefing to the
AND INVESTIGATIONS of these payments were made several years Committees within 60 days of the date of en-
U.S. CUSTOMS AND BORDER PROTECTION ago and have been reinvested by the recipi- actment of this Act on the status of the pilot
OPERATIONS AND SUPPORT ents, as CDSOA intended, there are concerns program, which shall include identifying any
(INCLUDING TRANSFER OF FUNDS) that this policy is counter to the intent of applicable statutes, federal rules, or regula-
the statute. By recouping revenue paid to do- tions that would require revision to carry
The agreement reduces the request by mestic companies and assessing interest out the program and ensure compliance.
$78,509,000. A total of $500,000,000 is available charges, CBP is counteracting the intent to Gordie Howe International Bridge.—Within
until September 30, 2022. The bill includes allow industries the opportunity to rehire 60 days of the date of enactment of this Act,
the following increases above the budget re- and reinvest. CBP is instructed to determine CBP shall provide the Committees with a re-
quest: $260,732,000 to sustain prior year ini- the impact of this practice on U.S. producers port on the agency’s plan to staff the Gordie
tiatives and current services; $20,000,000 for and to notify the Committees prior to re- Howe International Bridge POE. The report
video recording equipment for Border Patrol couping such payments or reducing future shall include information on the anticipated
Stations; $25,000,000 for innovative tech- payments. staffing timeline; the full staffing require-
nology; $5,000,000 for tribal roads; $2,000,000 Craft Beverage Modernization Tax Reform ment; the actual staffing level CBP expects
for rescue beacons; $4,000,000 for carrizo cane Act.—The Commissioner is directed to sub- to achieve and maintain, delineated by offi-
eradication; $10,000,000 for port of entry tech- mit a study within 60 days of the date of en- cers and other staff; plans for recruitment of
nology; $2,773,000 for analytics and modeling; actment of this Act detailing the number of new personnel and the transfer of existing
and $14,440,000 for body-worn cameras. claims related to the Craft Beverage Mod- personnel to the POE; and any other infor-
The agreement includes no funding for new ernization and Tax Reform Act (Public Law mation deemed relevant by CBP in order to
Border Patrol Agents or personnel hired 115–97) that remain outstanding for 2018; the ensure the POE becomes fully operational
above the baseline funded in fiscal year 2020 interest owed on those claims as of January according to the current schedule.
and also includes the following reductions 1, 2020; the rate at which those claims are Great Lakes Cruise Vessels.—CBP is directed
below the budget request: $135,774,000 associ- being processed; and an estimate of the total to continue working with Great Lakes sea-
ated with personnel cost adjustments and cost in interest payments for which the ports, cruise vessel operators, and other
$17,600,000 proposed for recruitment and ap- Treasury will be liable should those claims stakeholders to develop a regional cruise
plicant processing. continue to be processed at the current rate. passenger clearance plan and shall continue
Antidumping and Countervailing Duties (AD/ The Commissioner is further directed to sub- using mobile onboard passenger clearance
CVD).—CBP is directed to continue reporting technology until such plan is implemented.
mit a study within 60 days of the date of en-
on AD/CVD, as required in Senate Report Not later than 180 days of the date of enact-
actment of this Act of the estimated cost of
114–264 and as expanded in Senate Report 115– ment of this Act, CBP shall provide a report
upgrading its IT systems that track im-
283. to the Committees on the screening prac-
ported goods to make them interoperable
Assessing Impact of Travel Restrictions on tices for Great Lakes and inland seaports,
with the IT systems of the Alcohol and To-
Border Communities.—Businesses in states which shall include:
bacco Tax and Trade Bureau. (1) current screening capability;
that depend on travel across the border to DeConcini Port of Entry.—CBP is directed to
obtain essential supplies are particularly im- (2) a threat assessment for containerized
ensure it monitors plans for repairing the and non-containerized cargo;
pacted by travel restrictions at land and sea Nogales International Outfall Interceptor (3) the types of cargo received by each
ports of entry (POEs). CBP is directed to (IOI) so that repairs do not interfere with port, delineated by ownership by either CBP,
consider the impact of travel restrictions on long-term port operations and to provide state or local port authority, or private enti-
families, businesses, and communities and technical assistance as the IOI and related ty;
provide for reasonable exemptions to travel projects are completed, as appropriate. Fur- (4) current cost-sharing arrangements for
restrictions mandated by federal, state, and ther, CBP is directed to provide a briefing screening technology or service to the port;
local authorities. CBP is urged to maintain within 180 days of the date of enactment of (5) which ports are outside the jurisdiction
regular communication with impacted this Act on its monitoring and technical as- or area of responsibility for each Field Of-
stakeholders as travel restrictions change or sistance efforts, including consultation with fice; and
are updated. the General Services Administration (GSA) (6) details on Field Office responsibilities
Body-Worn Cameras.—CBP is directed to or other stakeholders, to ensure the strate- for ports outside of their jurisdiction.
continue requiring the use of fixed, vehicle, gies discussed adequately represent CBP’s in- The report shall be submitted in an unclas-
and body-worn cameras for officers and terests, including officer safety and overall sified form, to the maximum extent possible,
agents in interactions with the public impact to port operations. but may include a classified portion, if nec-
through its Incident Driven Video Recording Detecting Opioids in the Mail.—The Depart- essary.
System program, which helps provide an ment is directed to provide a report within Holding Facility Length of Stay.—In lieu of
ac1050curate representation of law enforce- 180 days of the date of enactment of this Act direction in the House Report, CBP shall no-
ment encounters while allowing agents and on technologies developed through the tify the Committees within 24 hours of any
officers to safely perform their duties. CBP Opioid Detection Challenge and their poten- instance in which any child is held in a sin-
shall comply with department-wide policy on tial impacts on CBP operations. gle CBP holding facility, centralized proc-
protecting the privacy of both CBP law en- Deterring Illicit Substances.—CBP is encour- essing center, or temporary or soft-sided fa-
forcement personnel and the public and en- aged to continue efforts to leverage ad- cility for more than three days or spends
sure appropriate infrastructure is in place to vanced capabilities to accelerate progress in more than a total of six days in CBP cus-
support the use of body-worn cameras, in- achieving screening goals to detect, inter- tody. Within 60 days of the date of enact-
cluding any associated storage and video dict, and deter the flow of illicit drugs and ment of this Act and weekly thereafter, CBP
management system requirements. Within 90 other contraband at the POEs, to include ra- shall update the Committees on the number
days of the date of enactment of this Act, diation-free passive cargo scanning tech- of detainees currently being held by CBP for
CBP shall provide a plan to the Committees, nology. CBP is also encouraged to obtain longer than 48 hours in Border Patrol sta-
to also be made available on a publicly ac- portable chemical screening capabilities to tions, POEs, humanitarian care centers, and
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H8470 CONGRESSIONAL RECORD — HOUSE December 21, 2020
centralized processing centers, and for longer Border Patrol processing coordinator hiring, (i) steps and associated timelines taken to
than 72 hours in temporary or soft-sided fa- including the number of Border Patrol create the model and resources used to de-
cilities. This update shall be posted on a pub- agents returned to the field as a result of velop it;
licly available website. such hires, the measures the agency is using (ii) data sources and methodology used to
Improving Cargo Security and Examina- to assess the costs and benefits of this posi- generate the model;
tions.—Within 180 days of the date of enact- tion, and a summary of all training and cer- (iii) actions taken to independently verify
ment of this Act, CBP shall provide the Com- tifications required for coordinators. Future the model; and
mittees with a report on the resources need- funding requests for coordinator positions (iv) a plan for periodically updating and
ed to increase the percentage of cargo in- shall be accompanied by descriptions of the improving upon the model, including the in-
spected upon entry to the United States expected operational impacts from addi- corporation of new technology investments
every year. tional investments. and associated force multiplier effects; and
Information Technology Enhancements.— Prevent Abduction Program.—Within 180 changes in programs and processes, air and
Within 90 days of the date of enactment of days of the date of enactment of this Act, marine assets, and deployment of additional
this Act, CBP shall provide the Committees CBP is directed to brief the Committees on surveillance technologies.
with the agency’s plan to migrate remaining the status of the Prevent Abduction Pro- (3) Integrate data into future budget re-
software applications to the cloud, including gram, including: (1) the total hours of train- quests.
the estimated costs and savings relating to ing CBP officers receive on the issue of inter- (A) CBP shall begin using the data de-
the migration. national parental child abduction; (2) the cu- scribed above to strengthen and connect re-
Land POE Hours of Operation.—In addition mulative number of children enrolled in the quests for resources. To date, the Congress
to direction in House Report 116–458, CBP is program and the number of children enrolled receives individual requests for funding and
urged to conduct a robust analysis, to in- in the preceding fiscal year; (3) the number must assess and fund these requests as stand-
clude economic impacts, prior to any reduc- of children enrolled in the program who, de- alone budget proposals with limited jus-
tion in hours of operations. CBP is urged to spite their enrollment, were removed at an tifications that do not take into account the
provide proposals to the Committees aimed air POE, if any; and (4) the identification of relationships between these investments.
at improving the recruitment and retention additional resources needed to ensure chil- CBP is directed to include with any requests
of CBP personnel at remote northern border dren are not removed from the United States for new funds the following information as
POEs to sustain appropriate operating hours. in violation of a valid state court order. part of detailed budget justifications:
To assist with the challenges relating to op- Prioritizing Resources, Applying Analytics, (i) a description of the relationship be-
erating hours, CBP is directed to establish a and Integrating Budget Requests.—Appro- tween investments;
pilot program for the co-location of CBP and priately resourcing the varied and complex (ii) data on how a change in one invest-
Canada Border Services Agency border missions of CBP requires a clear under- ment may impact another; and
agents at remote LPOEs, which will meet standing of the level of effort supported by (iii) how the investments will impact the
both agencies’ requirements, maintain bor- CBP’s base budget and how changes in per- measures used to assess performance im-
der security, and reduce costs. sonnel, equipment, and other assets are ex- provements.
Law Enforcement Suitability Analysis.—CBP pected to impact mission performance. This (B) CBP is directed to provide a briefing
shall follow the directives in Senate Report requires the development of robust workload within 60 days of the date of the enactment
116–125 and House Report 116–180, regarding staffing models. To better understand how of this Act on how the agency will comply
the Law Enforcement Suitability Analysis congressional investments in border security with this requirement.
and associated reporting requirements and impact requirements for Border Patrol Queue Management at POEs and Data on
polygraph waiver reporting, respectively. agents, Border Patrol processing coordina- Asylum Seekers.—CBP shall follow the direc-
Mission Support Contracting.—CBP is again tors, and other mission support staff, CBP is tion in Senate Report 116–125 regarding re-
directed to provide an inventory of all Enter- again directed to develop a comprehensive porting on queue management at POEs. In
prise Services PPA contracts, organized by workload staffing model. addition, CBP is directed to include data
category, and a plan to reduce current dupli- In addition, CBP can use predictive ana- within its monthly southwest migration re-
cation in contracting to leverage economies lytics to forecast how both internal policy ports detailing the number of individuals
of scale. changes and external actions are likely to claiming fear or attempting to claim a fear
Non-Mission Duties.—Not later than 30 days impact resource needs. Whether projecting of return to their home country. While CBP
after the date of enactment of this Act, CBP changes in legitimate travel and trade to the has provided annual statistics on the number
shall submit to the Committees a detailed United States or estimating the flow of peo- of ‘‘credible fear apprehensions’’ and ‘‘cred-
report on: ple and illicit items across our borders, the ible fear inadmissibles,’’ under this new di-
(1) the total number of Border Patrol use of predictive analytics will improve the rective, CBP shall disaggregate this data
agents or CBP officers carrying out non-mis- agency’s ability to respond to changing cir- such that individuals claiming credible fear
sion duties, broken out by detail and adju- cumstances in a timelier and more cost-ef- are not included within or counted towards
tants; fective manner. Without such analyses, CBP either the ‘‘apprehensions’’ or
(2) the identification of the funding sources and the Department are unable to clearly ‘‘inadmissibles’’ statistics.
associated with non-mission duties; demonstrate the value of additional re- Rebuttable Presumption.—Not later than 180
(3) the rationale for CBP personnel to per- sources and the Committees are limited in days after the date of enactment of this Act,
form non-mission duties and the duration their ability to make informed decisions. CBP shall provide a report to the Commit-
they are expected to perform those duties; CBP is directed to prioritize and execute the tees on the benefits and risks of a rebuttable
(4) a detailed description of all required following: presumption of evasion for a commercial en-
training for Border Patrol agents and CBP (1) Quantify operational capabilities sup- tity in the context of customs law where
officers in order to carry out the non-mission ported by CBP’s base budget and identify there was a prior CBP finding of evasion
duties; and gaps. from the same entity.
(5) the identification of any impacts to (A) CBP shall brief the Committees bi- Recruitment, Hiring, and Retention.—Within
CBP’s mission due to agents and officers car- monthly on efforts to evaluate CBP-wide 180 days of the date of enactment of this Act,
rying out non-mission duties. workload, capabilities, assets, and human re- CBP shall brief the Committees on its efforts
Northern Border Strategy Implementation source capabilities and gaps and to use the to improve hiring and retention by all of its
Plan.—Within 90 days of the date of enact- results of the quarterly analyses to support law enforcement components. CBP shall
ment of this Act and quarterly thereafter, future budget requests. prioritize and continue efforts to use avail-
CBP shall brief the Committees on the sta- (2) Apply analytics and modeling tools to able incentives to recruit and retain employ-
tus of the Northern Border Strategy Imple- further inform resource needs. ees in rural and remote areas and explore
mentation Plan, including whether the fiscal (A) Within 45 days of the date of enactment other strategies, such as innovative pilot
year 2019 milestones have been achieved, the of this Act, CBP shall provide a briefing to programs that include successful strategies
status of the fiscal year 2020 milestones, and the Committees on a plan to incorporate pre- from the private sector, career path enhance-
for milestones that have not been achieved, dictive analytics into planning and budg- ments, alternative schedules, and workforce
detailed justifications for the shortfall. Fur- eting processes. support programs.
ther, future budget requests shall detail spe- (B) Within 90 days of the date of enactment Reporting Requirements.—CBP shall follow
cific northern border staffing and technology of this Act, CBP shall provide a briefing to the direction provided in Senate Report 116–
requirements and request specific funding the Committees on the development of a 125 on the following items:
for implementation of planned northern bor- Border Patrol workload staffing model that (1) Combatting Transshipment;
der enforcement initiatives enumerated in demonstrates the impact that existing and (2) Combatting Transportation of Firearms
the analysis. potential resources are expected to have on and Illicit Funds;
Operational Impact of Border Patrol Proc- personnel needs. (3) Strengthening Capabilities at Inter-
essing Coordinators.—The agreement provides (C) Within six months of the date of enact- national Mail and Express Consignment Fa-
$20,000,000 for new Border Patrol processing ment of this Act, CBP shall provide a report cilities;
coordinators. Within 90 days of the date of detailing the model and the process that (4) Field Operations Staffing;
enactment of this Act, CBP shall provide a CBP used to create and validate the model. (5) Northern Border LPOEs and Maritime
briefing to the Committees on the status of The report shall include: POEs;
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8471
(6) Agricultural Inspections; resource needs as applicable. For purposes of ernize POEs, paying special attention to the
(7) Reimbursable Services Programs; this section, ‘‘specialty unit’’ shall mean, health, safety, and welfare needs of CBP offi-
(8) Harmonized Commodity Description any horse patrol unit, tactical or rescue cers and focusing on facilities where recon-
and Coding System; and unit, or bike or boat patrol unit. figuration or upgrades will improve the flow
(9) Preclearance and Beyond the Border PROCUREMENT, CONSTRUCTION, AND of local traffic and allow local residents to
Action Plan. IMPROVEMENTS move more freely in their own communities.
Reporting Requirements for Deaths in Cus- Additionally, CBP shall provide a detailed
tody.—In addition to direction in the House The agreement provides $441,726,000 below
report and timeline, within 90 days of the
Report, CBP shall ensure that agents have the budget request.
The bill includes the following increases date of enactment of this Act, for the Blue
sufficient training to carry out the CBP In- Water Bridge Plaza expansion project. This
terim Procedures on Notifications on Deaths above the request: $95,000,000 for border secu-
rity technology, to include $20,000,000 for in- report shall align with the annual LPOE pri-
in Custody issued on December 17, 2018. ority report and should explain how CBP will
Not later than 90 days after the submission novative technology, of which not more than
$5,000,000 may be available for any single in- engage with state and local entities and the
of the report on migrant deaths described in specific milestones and timeline for the
the House Report, the Comptroller General novative technology project; $52,267,000 for
two multi-role enforcement aircraft for a project’s completion.
of the United States shall review such report NII Equipment Funding Execution.—Within
and provide a preliminary briefing to the total of three when including one aircraft re-
90 days of the date of enactment of this Act,
Committees on the following: cently purchased with program savings;
CBP shall provide a briefing to the Commit-
(1) the validity of CBP’s statistical anal- $28,400,000 for lightweight helicopters;
tees on the execution plans for all NII funds,
ysis of migrant deaths; $3,000,000 for design of the Houlton Border
including an acquisition and deployment
(2) the extent to which CBP has adopted Patrol Station; and $12,000,000 for the Ad-
schedule for achieving maximum NII cov-
simple and low-cost measures, such as rescue vanced Training Center (ATC).
In lieu of the funding level requested in the erage in pre-primary lanes along the South-
beacons, to reduce the frequency of migrant west border and projections of associated
deaths; President’s budget proposal, the bill pro-
vides: $10,000,000 for the Unified Immigration performance improvements. CBP is further
(3) the extent to which CBP measures the directed to brief the Committees on a
effectiveness of its programs to reduce the Portal and $1,375,000,000 for barrier system.
Funding for small UAS, the Border Enforce- monthly basis on the obligation of funds for
frequency of migrant deaths; and NII acquisition.
(4) the extent of data and information ment Coordination Network, non-intrusive
Revenue Modernization.—Within 120 days of
sharing and cooperation among CBP, local inspection (NII) equipment and remote video
the date of enactment of this Act, CBP shall
and state law enforcement agencies, foreign surveillance may be funded from within the
update the Committees on the percentage of
diplomatic and consular posts, and non-gov- funding provided for border security tech-
all collections at each POE that have been
ernmental organizations to accurately iden- nology.
transitioned to automated electronic sys-
tify deceased individuals, notify family Border Security Technology.—CBP is di-
tems, along with the cost of transition.
members, and compare information to miss- rected to reallocate existing funding, as ap-
ing persons registries. propriate, to ensure technology is deployed U.S. IMMIGRATION AND CUSTOMS
The remains of thousands of women, men, at the locations where it will have the great- ENFORCEMENT
and children have been found along migrant est impact on CBP’s ability to identify and OPERATIONS AND SUPPORT
border crossing routes and thousands more interdict illicit activity and to ensure an ap- Assumed in the agreement funding level
are believed to lie unrecovered. CBP is en- propriate amount of technology is piloted, are the following increases above the budget
couraged to expand engagement with its tested, and deployed along the northern bor- request: $5,500,000 for the Human Exploi-
state and local counterparts and non-govern- der. CBP is directed to provide a briefing to tation Rescue Operative (HERO) Child-Res-
mental organizations to address this human- the Committees on the results of the small cue Corps; $3,100,000 to expand the Immigra-
itarian challenge. unmanned aerial systems pilot program tion and Customs Enforcement (ICE) em-
Short-Term Detention.—In addition to direc- within 120 days of the date of enactment of ployee safety program; $3,165,000 to address
tion in the House Report concerning medical this Act. The briefing should include rec- ICE’s Freedom of Information Act (FOIA)
care, CBP shall ensure that appropriate med- ommendations regarding applications and backlog; $110,000,000 to expand the Alter-
ical supplies are made available to each Bor- operations procedures for future implemen- natives to Detention (ATD) program and re-
der Patrol agent with an Emergency Medical tation and the needed training and certifi- lated case management services; and
Technician or paramedic certification and to cation processes required to support the Bor- $11,542,000 to sustain prior year initiatives.
each Border Patrol sector, including all re- der Patrol. Additionally, CBP is directed to The agreement does not include the pro-
mote stations and forward operating bases. provide a briefing within 60 days of the date posed use of $112,287,000 from the Immigra-
In developing the appropriate list of medical of enactment of this Act on issues relating tion Examination Fee Account (IEFA) to re-
supplies required, CBP shall consult with to CBP’s waiver of the requirements of the imburse costs in the ICE Operations and
and consider recommendations from na- Religious Freedom Restoration Act and the Support account.
tional organizations with expertise in emer- use of eminent domain in the border region. Continuation of Prior-Year Requirements.—
gency medical care, including emergency Construction and Facility Improvements.— ICE shall continue to follow the directives
medical care of children, and the DHS Chief The bill provides $142,390,000 for priority fa- under the following headings in Senate Re-
Medical Officer. However, this direction cility needs on the northern and southern port 116–125, according to the previously di-
should not be construed to interfere with the borders. Of this amount, $100,000,000 funds rected timeframes, reporting requirements,
rights obtained or obligations owed by any the request for replacing Border Patrol sta- and guidance:
federal consent decree. CBP shall brief the tions, including stations in Niagara Falls (1) Cyber Crime Investigative Capabilities
Committees not later than 180 days after the and Champlain, New York. Additionally, and Staff Development;
date of enactment of this Act on the plan to $3,000,000 shall be used for planning and de- (2) Detention Standards; and
implement the updated medical guidance. sign purposes to replace the current Border (3) Reporting Requirements.
Solid Sodium Cyanide Briquettes.—The Sec- Patrol station in Houlton, Maine. The agree- Expenditure and Operations Plan Require-
retary, in coordination with the Environ- ment provides $27,399,000 to design and con- ments.—Despite the increased funding pro-
mental Protection Agency Administrator struct a new air unit in Laredo, Texas as re- vided for the Office of the Chief Financial Of-
and the Secretary of the Department of quested. The agreement also provides ficer in the fiscal year 2020 appropriation,
Transportation, shall conduct an investiga- $12,000,000 for an instructional design and the Department and ICE failed to comply
tion of the national security, health, and distance learning center facility at the ATC. timely with the requirements set forth in
safety implications of imports of solid so- Additionally, CBP is applauded for its action the explanatory statement accompanying
dium cyanide briquettes. The study shall in- to leverage federal investments previously Public Law 116–6 and reiterated in Public
clude: (1) an evaluation of current industrial made in Summit Point, West Virginia, and it Law 116–93 regarding detailed operational
standards for safety, shipping, storage, and is noted that CBP plans to use $3,300,000 from and spending plans for fiscal years 2019 and
security; (2) whether such imports comply existing funding to support the transition of 2020, respectively. While ICE has recently
with these existing standards; and (3) rec- programs to the space vacated by the De- improved its efforts, significant work re-
ommendations for improved standards. partment of State. mains. The Department and ICE are again
Specialty Units.—Within 180 days of the High-Altitude Pseudo Satellites.—CBP is di- directed to fulfill such requirements for fis-
date of enactment of this Act, CBP shall re- rected to provide a briefing to the Commit- cal year 2021, to include greater detail on all
port to the Committees on the status and tees on the results of the high-altitude pseu- funding initiatives and programs of signifi-
needs of all specialty units within each sec- do satellites pilot program within 90 days of cant public interest, including detention-re-
tor and department-wide. The report shall its completion. lated funding and contracting terms.
provide, at a minimum, a description of: (1) LPOEs.—CBP shall provide to the Commit- Fiscal Accountability.—ICE is reminded of
the specialty unit composition and quantity tees its annual report prioritizing facility the importance of fiscal discipline and trans-
of membership, baseline capabilities, and needs at LPOEs with the annual budget sub- parency in the way it obligates and spends
training; (2) any needs of specialty units, in- mission. CBP shall continue to work with its resources and is encouraged to use sec-
cluding horses and off-road vehicles, train- GSA and the Office of Management and tion 503 authority prudently. ICE must oper-
ing, or other capabilities; and (3) any other Budget on this five-year strategy to mod- ate within the funding levels provided by
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H8472 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Congress. Notifications of proposed transfers tigations and prosecutions; and (3) any orga- grant funding and providing the relevant
or the reprogramming of funds shall be ac- nizational, resource, or legal impediments to case management services;
companied by transparent and publicly investigating and prosecuting more human (2) the planned requirements and assess-
available evidence that a need for contin- rights violators. ment criteria for making grant awards;
gency funds are a result of circumstances Intellectual Property Rights Enforcement.— (3) the locations in which the pilot will op-
that are truly beyond ICE’s control. ICE is The bill provides not less than $15,000,000 for erate; and
directed to continue the policy of fully reim- intellectual property law enforcement (4) the planned metrics for evaluating the
bursing the costs and expenses associated through HSI and the National Intellectual program.
with agreements entered into with other en- Property Rights Coordination Center. At the completion of the program, OCRCL
tities, including federal agencies, to house International Investigations and Visa Secu- shall provide a report to the Committees
ICE detainees. rity Program.—The bill sustains prior-year in- with recommendations for providing ATD
Immigration Data Improvements.—The agree- vestments in overseas operations to inter- case management services.
ment provides the requested increase of rupt illicit activity prior to its arrival in the Not later than 60 days after the date of en-
$1,000,000 for the Unified Immigration Portal. United States. actment of this Act, ICE, in collaboration
ICE is directed to continue collecting data International Megan’s Law.—The bill sus- with OCRCL and the Privacy Office, is di-
on enforcement activities both along the tains prior-year investments to continue the rected to develop a process for complying
borders and in the interior of the United implementation of International Megan’s with the requirements and intent of the case
States to improve operational transparency Law. management pilot program. ICE shall ensure
and resource allocation decisions. Opioid Investigations.—The bill sustains that any individual released from ICE cus-
Records Management.—The agreement pro- prior-year investments in HSI’s opioid en- tody on parole, bond, or into the ATD pro-
vides an increase of $3,165,000 above the re- forcement activities, for a total of over 760 gram who resides in an area covered by the
quest to address ICE’s backlog of FOIA re- personnel, including investigators, intel- pilot program is made aware of these case
quests. The Department is expected to main- ligence analysts, and necessary support staff. management services and is referred for
tain records and to respond to records re- Tactical Intelligence Center.—ICE is directed services unless they formally decline such
quests, consistent with the requirements of to brief on efforts to enhance the capacity of services in writing. ICE shall also provide
section 552 of title 5, United States Code, for the Tactical Intelligence Center not later relevant contact and case file information
information related to all detainees in the than 90 days after the date of enactment of for such individuals to the grantee servicing
custody of the Department, regardless of this Act. the area where such individuals reside. These
whether such detainees are housed in a fed- requirements shall also apply for anyone re-
ENFORCEMENT AND REMOVAL OPERATIONS
eral or non-federal detention facility. The siding in such area who is enrolled in the
287(g) Agreements.—ICE is directed to pub- ATD program as of the date of enactment of
Department should not withhold records lish applications for new or renewed 287(g)
from disclosure unless it reasonably foresees this Act.
agreements on its website at least eight ICE shall provide information describing
that disclosure would harm an interest pro- weeks prior to entering into any such agree-
tected by an exemption described in section this process to FEMA, the national board re-
ment. In addition, ICE shall ensure thorough sponsible for administering the pilot grant
552(b) of title 5, United States Code, or is vetting of 287(g) applicants to minimize de-
otherwise prohibited by law. program, and each grant recipient. To ensure
tention conditions that do not fully comply compliance with congressional intent,
HOMELAND SECURITY INVESTIGATIONS with Performance-Based National Detention FEMA, ICE, OCRCL, and the Privacy Office
Child Exploitation Investigations Unit Standards and Prison Rape Elimination Act are directed to jointly brief the Committees
(CEIU).—Within the total amount provided standards. on this process prior to its execution. In any
for HSI, not less than $21,000,000 shall be for Access to Due Process.—Not later than 90 area not actively served by the pilot pro-
activities in support of the CEIU. days after the date of enactment of this Act, gram, ICE shall continue to use its resources
Counter-Proliferation Investigations Center ICE is directed to provide a report to the to provide case management services.
(CPIC).—The agreement sustains $12,000,000 Committees on overall access for attorneys ICE shall continue to brief the Committees
for the CPIC. ICE shall brief the Committees and detainee representatives to ICE facili- on any ATD contracts it awards under this
on the CPIC’s efforts to prevent sensitive ties. The report shall include the number of program, including contracts involving the
U.S. technologies and weapons from reaching legal visits that were denied or not facili- ‘‘Know Your Rights’’ program for new par-
terrorists, criminal organizations, and for- tated and the number of facilities that do ticipants. In addition, ICE is directed to con-
eign adversaries by not later than 120 days not meet ICE standards for attorney/client tinue exploring the use of ATD models on an
after the date of enactment of the Act. communications. ICE is directed to make de- ongoing basis; prioritizing the use of such de-
Forced Child Labor.—The agreement pro- tention facility contact information and in- tention alternatives for immigrant children
vides not less than $15,770,000 for investiga- formation regarding facility legal accom- and their families, when appropriate; and
tions and other activities related to forced modations available on the ICE public seeking the release of individuals and their
labor law violations, to include forced child website. family members who pass credible fear
labor. ICE shall submit to the Committees ATD and Case Management Services.—The screening and do not present a public safety
an annual report on the expenditures and agreement provides $440,122,000 for ATD, a or flight risk.
performance metrics associated with such net increase of $86,181,000 above the request, ICE shall continue to publish annually the
activities. including the following adjustments: a re- following policies and data relating to ATD:
HERO Child-Rescue Corps Program.—ICE is duction of $1,815,000 for personnel cost ad- guidance for referral, placement, escalation,
directed to brief the Committees not later justments; a reduction of $22,004,000 associ- and de-escalation decisions; enrollment by
than 180 days after the date of enactment of ated with proposed hiring; an increase of Field Office; information on the length of en-
this Act on the status of the HERO appren- $85,000,000 to expand the program; and an in- rollment broken down by ATD type; and a
ticeship program. crease of $25,000,000 to expand participation breakdown of enrollment by type and point
HSI Workforce.—The agreement provides in case management services provided by of apprehension.
$8,800,000 above fiscal year 2020 levels for in- non-governmental organizations and com- ICE shall consider enrollment referrals
creased HSI staffing. munity partners. from non-governmental organizations
Human Rights Violators.—The agreement In recognition of ICE’s significant lack of (NGOs) and community partners, and ac-
provides $5,300,000 for the Office of the Prin- referral approvals for enrollment into exist- tively collaborate with these organizations
cipal Legal Advisor’s Human Rights Law ing case management services provided by to establish criteria for such referrals, guide-
Section and for the Human Rights Violators non-governmental organizations and com- lines for submission, and criteria for how
and War Crimes Unit for training, transpor- munity partners, the agreement includes ICE will consider such enrollment referrals.
tation, and other related activities. ICE is funding through the Office of Civil Rights ICE shall submit a report to the Committees
directed to continue its efforts to inves- and Civil Liberties (OCRCL) within the Of- on progress in establishing these guidelines
tigate, remove, and prosecute individuals fice of the Secretary and Executive Manage- within 60 days of the date of enactment of
who have committed human rights abuses, ment for a case management services grant this Act and quarterly thereafter until the
including persecution, genocide, severe vio- pilot program to be executed by nonprofit or- guidelines are finalized. ICE shall submit an
lations of religious freedom, torture, ganizations and local communities. With the annual report on the number of referrals sub-
extrajudicial killing, use or recruitment of grants expertise support of the Federal mitted by NGOs and the number of such re-
child soldiers, crimes against humanity, or Emergency Management Agency (FEMA), ferrals accepted into ATD programs that uti-
war crimes. ICE shall report to the Commit- the pilot will be managed by a national lize case management programs.
tees not later than 180 days after the date of board, similar to the Emergency Food and Finally, Congress appropriated $4,000,000
enactment of this Act on: (1) the total num- Shelter program, and chaired by the Officer for ICE in fiscal year 2020 to fund an inde-
ber of prosecutions and investigations of for Civil Rights and Civil Liberties. Not later pendent review of the ATD program. ICE is
human rights offenses and other offenses than 60 days after the date of enactment of reminded of the requirement that the review
committed and their outcomes, delineated this Act, OCRCL shall brief the Committees and analysis be informed by discussions with
by serious human rights violators within on: government officials, current program opera-
each of the last five fiscal years; (2) efforts to (1) progress toward establishing a national tors, non-governmental immigration policy
increase the number of human rights inves- board with experience in executing federal stakeholders, and current participants in the
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8473
program, and by reviewing similar programs stops or other locations where children con- gration bills have been introduced in the
in other countries. Not later than 60 days gregate; USCIS offices; mental health, emer- House or Senate. The briefing shall include a
after the date of enactment of this Act, the gency, and social services centers; and other detailed explanation for ICE’s abrupt change
Secretary shall submit a report to the Com- locations where community impacts should in policy and specify any documentation re-
mittees providing an analysis of each active be balanced against ICE law enforcement in- lated to the prior policy, including but not
program within the last five years funded terests. limited to all Memoranda of Understanding
through the ATD PPA. This report shall in- Further, ICE is directed to provide its offi- between Congress and ICE or the legacy Im-
clude data regarding compliance with court cers with guidance and training for engaging migration and Naturalization Service.
appearances, immigration appointments, and with victims and witnesses of crime, includ- Protecting Victims and Witnesses of Crime.—
removal orders; cost per individual served; ing victims of domestic violence, and to By not later than 180 days after the date of
and response times by ICE or an ATD con- strengthen policy guidance on enforcement enactment of this Act, ICE shall report on
tractor for participant requests for help in actions in or near sensitive locations, includ- steps taken to minimize the effect of immi-
seeking legal counsel, family contact, and ing courthouses, in order to minimize any ef- gration enforcement activity on crime vic-
medical treatment, including mental health fect that immigration enforcement may tims and witnesses.
services. have on the willingness and ability of vic- Reducing Average Length of Stay.—ICE is di-
Detainee Forms.—ICE is directed to make tims and witnesses to pursue justice. rected to work with federal partners, includ-
every reasonable attempt to provide forms to Kiosks for Non-Detained Appearances.—ICE ing those within the Department of Justice
detained persons in a language in which the is directed to continue its program to enable and HHS, to ensure that individuals in civil
person is conversant, beginning with the certain aliens on the non-detained docket to detention are treated fairly and safely while
forms that detained persons must sign. Not report via self-service kiosks. The agreement expeditiously moving through the immigra-
later than 120 days after the date of enact- provides not less than $3,000,000 for this pro- tion enforcement process and to brief the
ment of this Act, ICE is directed to brief the gram. Committees quarterly on process improve-
Committees on the status of this effort, in- Know Your Rights.—Not later than 30 days ments and coordination efforts.
cluding updates on translation for each form after the date of enactment of this Act, the Sex Offender Release Notifications.—The
type, whether additional resources are need- Director of ICE shall brief the Committees agreement provides $2,000,000 to identify po-
ed to achieve this directive, and the steps on a plan to provide a Know Your Rights tential information gaps within the Sex Of-
ICE is taking to ensure that such detained presentation to individuals placed in expe- fender Registration and Notification Act
persons fully understand the content of any dited removal proceedings after presenting (Public Law 109–248) exchange portal and to
form they are requested to sign or are given. at a land port of entry if such individuals address these gaps in a manner that ensures
Detention Facility Inspections.—Not later claim asylum or otherwise express a fear of that data on ICE detainees with sex or vio-
than 60 days after the date of enactment of persecution. Such presentations should be lent offender records are provided in real
this Act, ICE is directed to report on its delivered in a language in which the individ- time to jurisdictions where such detainees
progress in transitioning to routine, semi- uals are conversant and should include writ- will reside.
annual inspections by the Office of Detention ten materials. Student and Exchange Visitor Program.—ICE
Oversight and the process for complying Law Enforcement Support Center (LESC).— is expected to continue its guidance issued
with section 215 of this Act. ICE shall report The agreement provides not less than on March 13, 2020, with respect to the main-
the results of those inspections on a public $34,500,000, as requested, to support the au- tenance of or eligibility for international
facing website within 60 days of each inspec- thorized level of 248 full-time law enforce- student nonimmigrant status, and is urged
tion, as required for inspection reports in fis- ment specialists and officers at the LESC, to include applications for nonimmigrant
cal year 2020. which serves a critical function in federal ef- status under subparagraph (F) or (M) of sec-
Expulsions Data.—ICE is directed to report forts to identify and locate undocumented tion 101(a)(15) of the Immigration and Na-
to the Committees on a weekly basis the immigrants with serious felony records. ICE tionality Act (8 U.S.C. 1101(a)(15)).
total number of persons who were, or are, in is directed to take steps to ensure that cur- Mission Support
the physical custody of ICE at any time dur- rent LESC operations remain centralized at
ing the preceding week for the purposes of Radios.—ICE is directed to brief the Com-
the current facility and are not unneces-
expulsion pursuant to the Order Suspending mittees not later than 90 days after the date
sarily duplicated in other parts of the coun-
Introduction of Certain Persons from Coun- of enactment of this Act on its future radio
try. The Department is also directed to no-
tries Where a Communicable Disease Exists, needs and identify how it will fulfill future
tify the Committees prior to the reallocation
which was first issued by the Department of radio upgrades or needs using a fair and open
of any resources currently intended for
Health and Human Services (HHS) on March competition.
LESC operations in Vermont; it is expected
20, 2020, or any subsequent policy requiring that no such reallocation will be made with- Office of the Principal Legal Advisor
expulsions, including such individuals’ age, out the concurrence of the Committees. ICE The agreement provides $313,664,000 for the
nationality, and time in custody. is reminded of the LESC reporting require- Office of the Principal Legal Advisor to sus-
Healthcare Costs for Immigrants in Deten- ment in the Joint Explanatory Statement tain prior year hiring initiatives congruent
tion.—ICE is directed to provide an annual accompanying the Consolidated Appropria- with expansion of immigration court capac-
report on the cost of administering tions Act, 2019 (Public Law 116–6). ity.
healthcare, including mental health or pre- Mobile Criminal Alien Teams.—ICE is di- PROCUREMENT, CONSTRUCTION, AND
ventative services, in the detention system. rected to continue operating Mobile Crimi- IMPROVEMENTS
The report shall include all sources of fund- nal Alien Teams and to brief the Committees The agreement provides $7,155,000 below
ing utilized to provide healthcare services to not later than 90 days after the date of en- the request. The proposed funding for the ex-
individuals in custody, including all such actment of this Act if additional teams are pansion of Executive Office for Immigration
funding provided by HHS under the required to identify and remove violent Review facilities is not included.
Coronavirus Aid, Relief, and Economic Secu- criminal aliens. Obligation and Expenditure Plans.—ICE is
rity Act (Public Law 116–136), other federal Pregnant Women.—ICE is directed to pro- directed to provide a briefing on proposed
agencies, or state, local, or private sources of vide semiannual reports on the total number PC&I obligation and expenditure plans not
funding. The report shall include the number of pregnant or lactating women in ICE cus- later than 60 days after the date of enact-
of instances when detainees were transported tody, including detailed justification of the ment of this Act. Such plans shall include all
to hospitals, emergency rooms, or other circumstances warranting each such detain- prior year unexpended balances.
healthcare facilities and shall note instances ee’s continued detention and the length of
of serious medical or mental health condi- detention. These anonymized reports shall be TRANSPORTATION SECURITY ADMINISTRATION
tions, pregnancy, disability, or positive or made publicly available on the ICE website. OPERATIONS AND SUPPORT
presumptive cases of communicable diseases Private Immigration Bills.—In May 2017, ICE The agreement includes $224,296,000 above
impacting more than 100 detainees, along changed its long-standing policy of providing the budget request, including: $4,250,000 to
with antibody positive cases for diseases a temporary stay of removal for individuals continue field assessments to identify pipe-
when such tests are available. Further, the who are the subject of a private immigration line cybersecurity gaps; $3,100,000 for the
report shall detail the number and type of bill introduced in Congress when the Chair of Federal Flight Deck Officer and Flight Crew
position of medical personnel, including pe- the House or Senate Committee on the Judi- Training programs; $61,789,000 to continue
diatric medical professionals, and mental ciary, or appropriate subcommittee, submits the Visible Intermodal Prevention and Re-
health staff at each ICE detention facility a request for an investigation report on that sponse Team program; $46,392,000 to continue
and note any position that has been vacant individual. ICE is reminded that the prior the Law Enforcement Officer Reimburse-
for 30 or more days. process was the direct result of negotiations ment Program; $87,186,000 to continue legally
Immigration Enforcement at Sensitive Loca- between the Executive and Legislative mandated staffing at certain exit lanes; and
tions.—ICE is directed to follow its policy re- branches of government and was bipartisan. $65,593,000 to maintain a consistent
garding enforcement actions at or near sen- Accordingly, ICE is directed to brief the onboarding schedule for the TSA workforce,
sitive locations, including courthouses, and Committees, not later than 180 days after partially rejecting a proposal to delay hir-
is encouraged to examine the impacts of ex- the date of enactment of this Act, on its pol- ing.
panding the policy to additional locations icy for responding to official requests for re- The agreement provides $36,297,000 for im-
not currently included, such as school bus ports on individuals for whom private immi- plementation of service pay and the next
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H8474 CONGRESSIONAL RECORD — HOUSE December 21, 2020
iteration of career progression for TSA’s Passenger Volume Growth.—TSA shall make port, OIG–20–33. This briefing shall also in-
screening workforce; $764,643,000 for the Fed- the Committees aware of any analysis that clude an update on TSA’s efforts to enhance
eral Air Marshal Service (FAMS); and forecasts long-term passenger volume. the effectiveness of the current AIT fleet;
$169,513,000 for the National Explosives De- Screening Partnership Program (SPP).—TSA improve testing and evaluation of inter-
tection Canine Team Program. shall notify the Committees within 10 days national screening technology; and identify
The agreement does not include funding re- of any change to a private screening con- additional manufacturers of screening equip-
quested for anticipated passenger volume tract, including any new SPP award or any ment with the potential to meet or exceed
growth in fiscal year 2021, in light of current transition from privatized screening to fed- the minimum screening standard. TSA
reductions in passenger volume, and rejects eral screening. should proceed without delay in evaluating
the proposal to significantly reduce costs as- Screening Technology Maintenance.—TSA is and validating enhanced AIT systems.
sociated with screener recruitment, training, directed to determine best practices for as- Checkpoint Support.—Not later than 180
and consumables. The agreement includes a sessing equipment performance by testing days after the date of enactment of this Act,
reduction of $83,315,000 below the request for and evaluating protocols and analyzing TSA shall brief the Committees on its plans
personnel cost adjustments. trends of degraded performance that occur to replace technically obsolete TSE with
Airport Management.—Working with part- during normal use. Additionally, within 90 new and improved systems that better meet
ner agencies, TSA is expected to seek oppor- days of the date of enactment of this Act, security requirements. The plan should ad-
tunities to improve the Ronald Reagan TSA shall brief the Committees on steps it dress TSE procured with both O&S and PC&I
Washington National Airport Access Stand- has taken or is taking to implement the rec- funds.
ard Security Program (DASSP) and, in par- ommendations of GAO–20–56, Aviation Secu- CAT.—Within 90 days of the date of enact-
ticular, to ensure that the application ap- rity: TSA Should Ensure Screening Technologies ment of this Act, TSA shall provide a report
proval process to participate in the DASSP Continue to Meet Detection Requirements after to the Committees detailing airports at
takes no longer than 120 days. TSA is also Deployment. which CAT is currently deployed; airports at
expected to continue to make screenings Screening Workforce Pay Strategy.—Not which CAT is not currently deployed; and a
available beyond 5:00 p.m. for Temporary later than 180 days after the date of enact- plan for the full procurement and deploy-
Flight Restriction (TFR) designated gate- ment of this Act, TSA shall provide a report ment of CAT systems at all U.S. airports.
ways when a TFR is in effect. to the Committees detailing the number of Quarterly Briefings.—TSA is directed to
It is noted that TSA’s Industry Engage- Transportation Security Officers (TSO) hired continue providing quarterly briefings to the
ment Manager for General Aviation serves as since fiscal year 2016 and their corresponding Committees on investment plans for check-
the single point of contact for the general retention levels, delineated by fiscal year. As point security and Explosives Detection Sys-
aviation community. part of this report, TSA shall include a plan tem (EDS) refurbishment, procurement, and
Airport Operations Centers (AOC).—TSA for continuous and sustained human capital installation, on an airport-by-airport basis.
shall brief the Committees not later than 90 investment to develop a more effective and Additionally, TSA shall brief the Commit-
days after the date of enactment of this Act efficient workforce. In addition, within 90 tees on an updated timeline and allocation
on its response to recommendations to estab- days of the date of enactment of this Act and plan for EDS reimbursement funds within 60
lish full-time AOCs at airports. The briefing quarterly thereafter, TSA is directed to pro- days of the date of enactment of this Act.
should address the feasibility of providing vide reports to the Committees on the effect RESEARCH AND DEVELOPMENT
TSA financial assistance to establish AOCs of pay reform on TSO retention levels.
through the use of appropriated resources or Staffing Report.—TSA shall provide a report The agreement provides $29,524,000, as re-
the Aviation Security Capital Fund. to the Committees within 90 days of the date quested.
Aviation Worker Screening.—TSA shall brief of enactment of this Act and monthly there- COAST GUARD
the Committees prior to any final decision after on staffing levels by major personnel OPERATIONS AND SUPPORT
on implementation of the proposed ASP Na- categories. Such report shall display the fol-
tional Amendment, TSA–NA–20–02—Aviation The agreement provides an increase of
lowing for each personnel category: onboard $107,406,000 above the request, including in-
Worker. The briefing shall include a descrip- positions and FTE levels at the end of the
tion of TSA’s process to date, any out- creases of: $6,000,000 for recruitment and re-
previous fiscal year; onboard positions and tention; $6,359,000 for training and critical
standing issues or comments, and proposed FTE levels funded through enacted appro-
timelines and activities for implementation course development; $14,000,000 for VHF com-
priations for the current year; and onboard munication infrastructure modernization in
of the program. The briefing shall also ad- positions and FTE at the end of the month
dress the full impact, costs, and benefits of Alaska; $6,000,000 to implement a big data
being reported. platform; $6,500,000 for phone systems mod-
this proposal on all affected airports. Touchless Screening.—Within 60 days of the
Digital Imaging and Communications in Secu- ernization; $15,000,000 for next generation
date of enactment of this Act, TSA shall pro- cutter underway connectivity; $3,000,000 to
rity (DICOS) Standard.—TSA shall brief the vide a report to the Committees detailing
Committees within 90 days of the date of en- support MH–65 Link 16; $16,000,000 for cyber
current efforts to ensure checkpoints are readiness; $17,500,000 for cutter navigation
actment of this Act on progress made to de- sanitary; initiatives to limit interactions
velop open architecture compliance require- and domain awareness systems; $4,000,000 to
that are not conducive to a touchless screen- meet increased demand for the child care
ments, including a description of such re- ing environment between passengers and
quirements; a schedule for implementation; subsidy; $1,500,000 for the Great Lakes Oil
TSOs without adversely impacting the core Spill Center of Expertise and related activi-
and the use of a Transportation Security security mission; and proposals for procure-
Equipment (TSE) configuration or prototype ties, for a total of $3,000,000; $4,900,000 for ad-
ment and acquisition of available tech- ditional mental health support and services;
that leverages data in a DICOS standard nologies to promote a touchless screening
compliant format. $10,000,000 for recapitalization and mod-
environment. ernization of applications at the U.S. Coast
Exit Lane Staffing.—With regard to remod-
PROCUREMENT, CONSTRUCTION, AND Guard Operations Systems Center; $5,000,000
eling and modernization efforts undertaken
IMPROVEMENTS for environmental remediation projects re-
by airports at existing exit lanes that TSA
was responsible for monitoring on December The agreement provides $101,107,000 above lated to per- and polyfluoroalkyl substances
1, 2013, TSA shall continue to be responsible the request, including $30,000,000 above the evaluations and response; $1,500,000 for crit-
for monitoring those exit lanes after the re- request for reimbursements to airports for ical intermediate and depot level mainte-
modeling or modernization efforts are com- the purchase of legacy in-line explosive de- nance; $2,500,000 for the Safe Homes Initia-
pleted. tection equipment. Additionally, the agree- tive; $6,000,000 to continue the Fishing Safe-
FAMS.—TSA is directed to submit semi- ment provides a total of $100,000,000 for the ty Training Grants and Fishing Safety Re-
annual reports on FAMS mission coverage, procurement and deployment of computed search Grants programs; and $5,000,000 for
staffing levels, and hiring rates as it has tomography (CT) machines and credential the National Coast Guard Museum.
done in prior years. authentication technology (CAT) systems. The agreement includes reductions to the
National Explosives Detection Canine Team TSA shall consider small and rural airports, request of $18,833,000 associated with per-
Program.—TSA shall continue to use risk- in addition to larger airports, when deter- sonnel cost adjustments and $4,500,000 associ-
based methodology to deploy canine teams mining locations for deployment of CT and ated with travel and management effi-
to the highest risk airports. CAT systems. Within 45 days of the date of ciencies.
Passenger Screening Canine Teams.—In addi- enactment of this Act, TSA shall brief the Funding is provided to meet the air facil-
tion to implementing the recommendations Committees on its proposed allocation of ity operation obligations laid out in section
from the OIG report, TSA’s Challenges with these funds. 676a of title 14, United States Code.
Passenger Screening Canine Teams (OIG–20–28), Advanced Imaging Technology (AIT).—TSA Hazardous Materials Threat.—The Coast
and providing appropriate updates, TSA is directed to brief the Committees within 90 Guard shall provide a report to the Commit-
shall brief the Committees within 90 days of days of the date of enactment of this Act on tees not later than 120 days after the date of
the date of enactment of this Act on its ef- the development of comprehensive guidance, enactment of this Act detailing the threat
forts to improve the effectiveness of pas- policies, and procedures to ensure accuracy assessment level, including any recent
senger screening canine teams, as well as its and consistency in monitoring the perform- changes, for marine liquefied natural gas and
methodology for determining where teams ance of AIT systems throughout the duration liquefied petroleum gas facilities in the
are deployed. of their use, as recommended in the OIG re- Northeastern United States.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8475
Interoperability Gateway System (IGS).—The which includes funding to support the Off- cial Crimes Task Force. The briefing should
need to deploy IGS technologies is recog- shore Patrol Cutter (OPC) homeport facility include current obstacles to addressing
nized as important in order to connect radio, improvements described on the UPL. evolving cyber-threats.
voice, text, video, and data files in a secure Domestic Content.—To the maximum extent Next Generation Presidential Limousine.—
environment. The Coast Guard is directed to practicable, the Coast Guard is directed to USSS is directed to provide quarterly up-
assess compliance requirements and develop utilize components that are manufactured in dates on the progress of Next Generation
an associated investment plan for interoper- the United States when contracting for new Presidential Limousine acquisition, includ-
able communications systems to be sub- vessels, including: auxiliary equipment, such ing delivery deadlines.
mitted with the fiscal year 2022 budget re- as pumps for shipboard services; propulsion Presidential Campaigns and NSSE.—Not
quest. equipment including engines, reduction later than 180 days after the date of enact-
Mission Requirements.—The Coast Guard is gears, and propellers; shipboard cranes; and ment of this Act, the USSS is directed to
directed to evaluate the mission require- spreaders for shipboard cranes. provide a briefing on the use of funds to sup-
ments for the Arctic Program Office and the Full-Funding Policy.—The Coast Guard port currently planned and unanticipated
Blue Technology Center of Excellence, and shall be exempted from the current acquisi- NSSE and to provide a follow-on briefing not
to brief the Committees not later than 90 tion policy that requires the Coast Guard to later than six months after the initial brief-
days after the date of enactment of this Act attain the total acquisition cost for a vessel, ing.
if additional resources are necessary to en- including long lead time materials, produc- Strategic Human Capital Plan.—Not later
hance mission capabilities and operations. tion costs, and postproduction costs, before a than 90 days after the date of enactment of
Oil Spill Liability Trust Fund (OSLTF).—The production contract can be awarded, con- this Act, USSS, in coordination with the de-
Coast Guard shall brief the Committees not sistent with congressional direction in prior partment’s Chief Human Capital Officer, is
later than 30 days after the date of enact- years. directed to provide a strategic human cap-
ment of this Act on its method for deter- National Security Cutter (NSC) Program.— ital plan for fiscal years 2021 through 2025
mining property ownership and liability for The NSC program has helped prevent more that aligns mission requirements with re-
responses funded by the OSLTF during the than 226 metric tons of contraband from source projections and delineates between
cost recovery phase. Further, the Coast reaching U.S. shores. The agreement does protective and investigative missions. The
Guard shall provide a report to the Commit- not include the proposed rescission of plan shall address how projected resources
tees not later than 90 days after the date of $70,000,000 appropriated in fiscal year 2020 can provide the appropriate combination of
enactment of this Act detailing the number that was made available for long lead time special agents and Uniformed Division offi-
and location of outstanding claims under the material for a 12th NSC. The Coast Guard is cers to avoid routine leave restrictions; en-
OSLTF and the current stage of cost recov- encouraged to officially convey a determina- able a regular schedule of mission-critical
ery for each such claim. tion to the Committees as to whether a 12th training; and provide appropriate levels of
Small Passenger Vessels.—The Coast Guard vessel is needed. support staffing. The plan shall address how
is encouraged to improve safety standards OPC Program.—In addition to the direction the Secret Service will satisfy training tar-
for small passenger vessels, including those to continue briefings as detailed in House gets for the Presidential and Vice Presi-
with overnight passengers. This includes ad- Report 116–458, the Coast Guard shall brief dential Protective Divisions under current
dressing means of escape, rechargeable de- the Committees within one week prior to and planned staffing levels, consistent with
vices, wakefulness alert systems, and inter- taking any procurement actions impacting the recommendation contained in GAO–19–
connected fire detection and suppression sys- estimated costs for the OPC program. 415. The plan shall also address the annual
tems. The Coast Guard is directed to brief UPL.—The Commandant is directed to pro- cost of and participation rate in various hir-
the Committees not later than 90 days after vide to the Committees, at the time of the ing and retention initiatives, including the
the date of enactment of this Act on these budget submission, a list of approved but un- Uniformed Division Retention Bonus.
efforts. funded Coast Guard priorities and the funds PROCUREMENT, CONSTRUCTION, AND
Training Improvements.—The Coast Guard is needed for each. IMPROVEMENTS
directed to assess its training and programs RESEARCH AND DEVELOPMENT The agreement provides an increase above
for officers and military justice personnel on the request of $14,650,000, to fund the Fully
how to address bullying, harassment, and re- The agreement provides an increase of
$5,000,000 above the request, including Armored Vehicle Program through this ac-
taliation cases and to brief the Committees, count instead of through the Operations and
not later than 120 days after the date of en- $3,000,000 for Unmanned Aerial Systems and
$2,000,000 to evaluate the potential use of Support account, as proposed.
actment of this Act, on additional resources RESEARCH AND DEVELOPMENT
required to remediate any identified short- bromine-free water systems on the NSC,
OPC, and FRC class ships. The agreement includes the amount re-
falls.
UNITED STATES SECRET SERVICE quested. Not later than 180 days after the
PROCUREMENT, CONSTRUCTION, AND date of enactment of this Act, USSS is di-
IMPROVEMENTS OPERATIONS AND SUPPORT
rected to provide a report on the use of the
The agreement provides an increase of The agreement provides $62,813,000 above funds for the fiscal year 2020 pilot program
$626,950,000 above the request, including the the request, including the following: to maximize and evaluate effective instruc-
following: $4,000,000 for survey and design of $7,500,000 for overtime pay; $7,800,000 for addi- tion at NCFI, including how the program is
a Great Lakes Ice Breaker; $240,000,000 for tional retention initiatives; $1,600,000 for meeting previously unmet needs and any ad-
four Fast Response Cutters (FRCs); $5,500,000 cyber fraud task force modernization; ditional efficiencies achieved in preparing
for rigid inflatable boats to support the Mar- $11,300,000 for IT support and infrastructure for and assessing the training of students.
itime Security Response Teams; $110,000,000 modernization; $10,000,000 for radios and TITLE II—ADMINISTRATIVE PROVISIONS
for the HC–130J aircraft program; $48,000,000 hubs; $43,057,000 to support additional protec-
Section 201. The agreement continues a
to recapitalize MH–60T aircraft with new tion requirements related to the transition
provision regarding overtime compensation.
hulls; and $3,000,000 for the National Mari- of administrations; $30,377,000 to continue
Section 202. The agreement continues a
time Center for continued improvements to and expand training in computer forensics by
provision allowing CBP to sustain or in-
systems that serve the mariner community. the National Computer Forensics Institute
crease operations in Puerto Rico and the
The agreement includes a total of (NCFI); $6,200,000 for Operational Mission
U.S. Virgin Islands with appropriated funds.
$266,350,000, for Major Construction; Housing; Support; and $6,200,000 for overtime pay Section 203. The agreement continues a
Aids to Navigation; and Survey and Design, above the pay cap in calendar year 2020, for provision regarding the availability of pas-
including funding for the following Shore which authority is provided in bill language senger fees collected from certain countries.
Construction, Supporting Operational As- for up to $15,000,000. Section 204. The agreement continues a
sets, and Maritime Commerce category Within the total amount provided, the bill provision allowing CBP access to certain re-
projects identified in the Coast Guard’s Un- makes $41,807,000 available until September imbursements for preclearance activities.
funded Priorities List (UPL): 30, 2022, including $11,480,000 for the James J. Section 205. The agreement continues a
(1) recapitalization of the two highest pri- Rowley Training Center; $7,827,000 for Oper- provision regarding the importation of pre-
ority pier projects; ational Mission Support; $18,000,000 for pro- scription drugs from Canada.
(2) recapitalization of a waterfront bulk- tective travel; and $4,500,000 for National Section 206. The agreement continues a
head; and Special Security Events (NSSE). provision regarding the waiver of certain
(3) the two highest priority air station The agreement includes a reduction of navigation and vessel-inspection laws.
projects. $26,571,000 below the budget request associ- Section 207. The agreement continues a
The total also includes the two housing ated with personnel cost adjustments. provision preventing the establishment of
projects on the UPL for Housing, Family, Cyber Fraud Task Force Modernization.—Not new border crossing fees at LPOEs.
Support, Safety, and Training Facilities. The later than 90 days after the date of enact- Section 208. The agreement includes a pro-
agreement assumes $7,100,000 derived from ment of this Act, the United States Secret vision requiring the Secretary to submit an
the Coast Guard Housing Fund will also be Service (USSS) is directed to provide a brief- expenditure plan for funds made available
available for these housing projects. ing on the Cyber Fraud Task Force, which under ‘‘U.S. Customs and Border Protec-
The agreement provides $91,831,000 for was established through a merger of the tion—Procurement, Construction, and Im-
Major Acquisition Systems Infrastructure, Electronic Crimes Task Force and the Finan- provements’’.
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H8476 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Section 209. The agreement includes a pro- $10,000,000 to be reprogrammed to or from ture Security Agency (CISA) is directed to
vision allocating funds within CBP’s Pro- Military Pay and Allowances. submit the fiscal year 2022 budget request at
curement, Construction, and Improvements Section 226. The agreement continues a the same level of PPA detail provided in the
account for specific purposes. provision requiring the Commandant of the table at the end of this report with no fur-
Section 210. The agreement includes a pro- Coast Guard to submit a future-years capital ther adjustments to the PPA structure. Fur-
vision making certain funds under ‘‘U.S. investment plan. ther, CISA shall brief the Committees not
Customs and Border Protection—Procure- Section 227. The agreement modifies a pro- later than 45 days after the date of enact-
ment, Construction and Improvements’’ vision related to the reallocation of funds for ment of this Act and quarterly thereafter on:
available for the same purpose and in the certain overseas activities. a spend plan; detailed hiring plans with a de-
same amount as in fiscal year 2020. Section 228. The agreement continues a lineation of each mission critical occupation
Section 211. The agreement continues a provision prohibiting funds to reduce the (MCO); procurement plans for all major in-
provision prohibiting the construction of staff or mission at the Coast Guard’s Oper- vestments to include projected spending and
border security barriers in specified areas. ations Systems Center. program schedules and milestones; and an
Section 212. The agreement includes a pro- Section 229. The agreement continues a execution strategy for each major initiative.
vision on vetting operations at existing loca- provision prohibiting the use of funds to con- The hiring plan shall include an update on
tions. duct a competition for activities related to CISA’s hiring strategy efforts and shall in-
Section 213. The agreement continues a the Coast Guard National Vessel Documenta- clude the following for each MCO: the num-
provision allowing the Secretary to repro- tion Center. ber of funded positions and FTE within each
gram funds within and transfer funds to Section 230. The agreement continues a PPA; the projected and obligated funding;
‘‘U.S. Immigration and Customs Enforce- provision allowing the use of funds to alter, the number of actual onboard personnel as of
ment—Operations and Support’’ to ensure but not reduce, operations within the Civil the date of the plan; and the hiring and at-
the detention of aliens prioritized for re- Engineering program of the Coast Guard. trition projections for the fiscal year.
moval. Section 231. The agreement includes a pro- Infrastructure Security Mission.—Not later
Section 214. The agreement continues a vision allowing for use of the Coast Guard than 180 days after the date of enactment of
provision prohibiting the use of funds pro- Housing Fund. this Act, the Office of the Director of CISA,
vided under the heading ‘‘U.S. Immigration Section 232. The agreement continues a in conjunction with the Infrastructure Secu-
and Customs Enforcement—Operations and provision allowing the Secret Service to ob- rity Division (ISD), shall brief the Commit-
Support’’ to continue a delegation of author- ligate funds in anticipation of reimburse- tees on a strategic plan for the implementa-
ity under the 287(g) program if the terms of ment for personnel receiving training. tion of ISD programs with clear outcomes
an agreement governing such delegation Section 233. The agreement continues a and metrics for defining the needs, authori-
have been materially violated. provision prohibiting the use of funds by the ties, and capabilities of fulfilling the infra-
Section 215. The agreement continues and Secret Service to protect the head of a fed- structure security requirements of the Na-
modifies a provision prohibiting the use of eral agency other than the Secretary of tion.
funds provided under the heading ‘‘U.S. Im- Homeland Security, except when the Direc- National Critical Functions.—The Director
migration and Customs Enforcement—Oper- tor has entered into a reimbursable agree- of CISA, jointly with the Administrator of
ations and Support’’ to contract with a facil- ment for such protection services. FEMA, is expected to complete the briefing
ity for detention services if the facility re- Section 234. The agreement continues a requirement included in Senate Report 116–
ceives less than ‘‘adequate’’ ratings in two provision allowing the reprogramming of 125 regarding implementation of CISA’s Na-
consecutive performance evaluations, and re- funds within ‘‘United States Secret Service– tional Critical Functions and FEMA’s Com-
quires that such evaluations be conducted by Operations and Support’’. munity Lifelines.
the ICE Office of Professional Responsibility Section 235. The agreement continues a
provision allowing funds made available Cybersecurity
by January 1, 2021.
Section 216. The agreement continues and within ‘‘United States Secret Service–Oper- Cyber Defense Education and Training
modifies a provision that requires ICE to ations and Support’’ to be available for trav- (CDET).—The agreement includes $29,457,000
provide statistics about its detention popu- el of employees on protective missions with- for CISA’s CDET programs, an increase of
lation. out regard to the limitations on such ex- $20,607,000 above the request that is described
Section 217. By reference, the agreement penditures. in further detail below.
continues provisions related to information TITLE III—PROTECTION, PREPARED- Efforts are underway to address the short-
sharing and on reporting under the 287(g) NESS, RESPONSE, AND RECOVERY age of qualified national cybersecurity pro-
program. fessionals in the current and future cyberse-
CYBERSECURITY AND INFRASTRUCTURE curity workforce. In order to move forward
Section 218. The agreement continues a SECURITY AGENCY
provision clarifying that certain elected and with a comprehensive plan for a cybersecu-
OPERATIONS AND SUPPORT rity workforce development effort, the
appointed officials are not exempt from fed-
eral passenger and baggage screening. The agreement includes a net increase of agreement includes $10,000,000 above the re-
Section 219. The agreement continues a $224,178,000 above the budget request. This quest to enhance cybersecurity education
provision directing TSA to deploy explosives includes $226,256,000 above the request to and training and programs to address the na-
detection systems based on risk and other maintain current services, and $54,516,000 in tional shortfall of cybersecurity profes-
factors. enhancements that are described in more de- sionals, including activities funded through
Section 220. The agreement continues a tail below. Assumed in the current services the use of grants or cooperative agreements
provision authorizing TSA to use funds from level of funding are several rejections of pro- as needed in order to fully comply with con-
the Aviation Security Capital Fund for the posed reductions to prior year initiatives and gressional intent. CISA should consider
procurement and installation of explosives the inclusion of necessary annualizations to building a higher education consortium of
detection systems or for other purposes au- sustain them, such as: $35,606,000 for threat colleges and universities, led by at least one
thorized by law. analysis and response; $5,507,000 for soft tar- academic institution with an extensive his-
Section 221. The agreement continues a gets and crowded places security, including tory of education, research, policy, and out-
provision prohibiting the use of funds in ab- school safety and best practices; $6,852,000 for reach in computer science and engineering
rogation of the statutory requirement for bombing prevention activities, including the disciplines; existing designations as a land-
TSA to monitor certain airport exit points. train-the-trainer programs; and $67,371,000 to grant institution with an extension role; a
Section 222. The agreement continues a fully fund the Chemical Facility Anti-Ter- center of academic excellence in cyber secu-
provision requiring TSA to provide a report rorism Standards program. rity operations; a proven track record in
that includes the Capital Investment Plan, The agreement includes the following re- hosting cyber corps programs; a record of
the five-year technology investment plan, ductions below the budget request: $6,937,000 distinction in research cybersecurity; and
and information on Advanced Integrated for personnel cost adjustments; $2,500,000 of extensive experience in offering distance
Passenger Screening Technologies. proposed increases to the CyberSentry pro- education programs and outreach with K–12
Section 223. The agreement includes a pro- gram; $11,354,000 of proposed increases for the programs.
vision to extend the authority for a reim- Vulnerability Management program; The agreement also includes $4,300,000
bursable TSA pilot program first authorized $2,000,000 of proposed increases to the Cyber- above the request for the Cybersecurity Edu-
in Public Law 116–6 through fiscal year 2023 security Quality Service Management Office cation and Training Assistance Program
to enable completion of the pilot program. (QSMO); $6,500,000 of proposed increases for (CETAP), which was proposed for elimi-
Section 224. The agreement continues a cybersecurity advisors; and $27,303,000 for the nation, and $2,500,000 above the request to
provision prohibiting funds made available requested increase for protective security further expand and initiate cybersecurity
by this Act for recreational vessel expenses, advisors. education programs, including CETAP,
except to the extent fees are collected from Of the total amount provided for this ac- which improve education delivery methods
owners of yachts and credited to this appro- count, $22,793,000 is available until Sep- for K–12 students, teachers, counselors and
priation. tember 30, 2022, for the National Infrastruc- post-secondary institutions and encourage
Section 225. The agreement continues a ture Simulation Analysis Center. students to pursue cybersecurity careers.
provision under the heading ‘‘Coast Guard— Financial Transparency and Account- Further, the agreement includes $2,500,000
Operations and Support’’ allowing up to ability.—The Cybersecurity and Infrastruc- above the request to support CISA’s role
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8477
with the National Institute of Standards and Multi-State Information Sharing and Analysis nical assistance to enhance security and pro-
Technology, National Initiative for Cyberse- Center (MS-ISAC).—The agreement provides vide resilience for elections infrastructure.
curity Education Challenge project or for $5,148,000 above the request for the MS-ISAC Payment Systems.—CISA, in coordination
similar efforts to address shortages in the to continue enhancements to SLTT election with the Department of the Treasury, is di-
cybersecurity workforce through the devel- security support, and furthers ransomware rected to brief the Committees, not later
opment of content and curriculum for col- detection and response capabilities, includ- than 365 days after the date of enactment of
leges, universities, and other higher edu- ing endpoint detection and response, threat this Act, on the national security risks fac-
cation institutions. intelligence platform integration, and mali- ing the national critical function designated
Lastly, the agreement includes $800,000 cious domain activity blocking. as ‘‘Provide Payment, Clearing and Settle-
above the request for a review of CISA’s pro- Software Assurance Tools.—Not later than ment Systems’’. The briefing should include
gram to build a national cybersecurity work- 90 days after the date of enactment of this a particular emphasis on point of sale and
force. CISA is directed to enter into a con- Act, CISA, in conjunction with the Science online purchase systems, including their vul-
tract for this review with the National Acad- and Technology Directorate, is directed to nerability to data compromise.
emy of Public Administration, or a similar brief the Committees on their collaborative Stakeholder Engagement and Requirements
non-profit organization, within 45 days of the efforts to transition cyber-related research
date of enactment of this Act. The review Critical Infrastructure Sector Management.—
and development initiatives into operational
shall assess: whether the partnership models The agreement provides an increase of
tools that can be used to provide continuous
under development by CISA are positioned to $3,000,000 above the request to begin to in-
software assurance. The briefing should in-
be effective and scalable to address current crease CISA’s critical infrastructure sector
clude an explanation for any completed
and anticipated needs for a highly capable management support for the eight sectors
projects and activities that were not consid-
cybersecurity workforce; whether other ex- for which it is the Sector Specific-Agency,
ered viable for practice or were considered
isting partnership models, including those and for its role in coordinating all 16 sectors
operationally self-sufficient. Such briefing
used by other agencies and private industry, on behalf of the Secretary of Homeland Se-
shall include software assurance projects,
could usefully augment CISA’s strategy; and curity, as defined in Presidential Policy Di-
such as the Software Assurance Market-
the extent to which CISA’s strategy has rective 21.
place.
made progress on workforce development ob- Updated Lifecycle Cost Estimates.—CISA is Public Awareness Campaigns.—The agree-
jectives, including excellence, scale, and di- directed to provide a briefing, not later than ment includes an increase of $1,500,000 above
versity. A report with the findings of the re- 60 days after the date of enactment of this the request to expand CISA’s public aware-
view shall be provided to the Committees not Act, regarding the Continuous Diagnostics ness campaigns to improve public resiliency
later than 270 days after the date of enact- and Mitigation (CDM) and National Cyberse- to cybersecurity attacks.
ment of this Act. curity Protection System (NCPS) program SLTT Resilience Technical Assistance.—The
Cyber QSMO.—To help improve efforts to lifecycles. The briefing shall clearly describe agreement provides an increase of $4,000,000
make strategic cybersecurity services avail- the projected evolution of both programs by above the request for the SLTT Cyber Infor-
able to federal agencies, the agreement pro- detailing the assumptions that have changed mation Sharing Program to increase tech-
vides $1,514,000 above the request to sustain since the last approved program cost and nical assistance and other support for SLTT
and enhance prior year investments. As di- schedule baseline, and by describing the partners. CISA may use up to $2,000,000
rected in the House report and within the plans to address such changes. In addition, through the execution of noncontracting au-
funds provided, CISA is directed to work the briefing shall include an analysis of al- thorities in order to work with non-profits,
with the Management Directorate to con- ternatives for aligning vulnerability man- academic institutions, and other organiza-
duct a crowd-sourced security testing pro- agement, incident response, and NCPS capa- tions that may have unique skillsets, data,
gram that uses technology platforms and bilities. Finally, CISA is directed to provide knowledge, and access required to develop
ethical security researchers to test for a report not later than 120 days after the and deliver specialized resources. Use of such
vulnerabilities on departmental systems. In date of enactment of this Act with updated authorities shall be for the purpose of en-
addition, not later than 90 days after the five-year program costs and schedules which hancing CISA’s technical assistance to SLTT
date of enactment of this Act, CISA is di- is congruent with projected capability gaps entities and improving cyber information
rected to brief the Committees on opportuni- across federal civilian systems and networks. sharing across the critical infrastructure
ties for state and local governments to lever- Vulnerability Management.—The agreement ecosystem.
age shared services provided through the provides $9,452,000 above fiscal year 2020 lev- CISA is encouraged to explore opportuni-
Cyber QSMO or a similar capability and to els to continue reducing the 12–month back- ties to partner with universities to leverage
explore the feasibility of executing a pilot log in vulnerability assessments. The agree- their expertise in helping public and private
program focused on this goal. ment also provides an increase of $8,000,000 institutions prevent and respond quickly to
Cyber Threats to Critical Election Infrastruc- above the request to address the increasing crippling cyber-attacks.
ture.—The briefing required in House Report number of identified and reported CISA is directed to work with appropriate
116–458 regarding CISA’s efforts related to vulnerabilities in the software and hardware stakeholders on the development and pro-
the 2020 elections shall be delivered not later that operates critical infrastructure. This in- motion of cybersecurity plans that could be
than 60 days after the date of enactment of vestment will improve capabilities to iden- adopted or modified for adoption by SLTT
this Act. CISA is directed to continue work- tify, analyze, and share information about governments, and to partner with FEMA to
ing with SLTT stakeholders to implement known vulnerabilities and common attack better leverage existing DHS grant assist-
election security measures. patterns, including through the National ance authorities to support cybersecurity in-
Cybersecurity Workforce.—By not later than Vulnerability Database, and to expand the vestments. Not later than 45 days after the
September 30, 2021, CISA shall provide a coordinated responsible disclosure of date of submission of the fiscal year 2022
joint briefing, in conjunction with the De- vulnerabilities. budget request, CISA is directed to brief the
partment of Commerce and other appro- Committees on its SLTT technical assist-
Infrastructure Security
priate federal departments and agencies, on ance efforts, including a current under-
progress made to date on each recommenda- Security Advisors.—The agreement provides standing of the threats to SLTT cybersecu-
tion put forth in Executive Order 13800 and $66,020,000 for the Security Advisors PPA, rity, known vulnerabilities, and an assess-
the subsequent ‘‘Supporting the Growth and which is an increase of $6,837,000 above fiscal ment of SLTT capability gaps. Further,
Sustainment of the Nation’s Cybersecurity year 2020 levels to annualize and sustain CISA and FEMA are directed to jointly re-
Workforce’’ report. prior year Protective Security Advisor and view the bi-yearly Nationwide Cybersecurity
Hunt and Incident Response Teams.—The Cyber Security Advisor hiring initiatives. Review and brief the Committees on how the
agreement includes an increase of $3,000,000 Risk Management Operations review can be more actively used among the
above fiscal year 2020 funding levels to ex- Critical Infrastructure Dependency Anal- components.
pand CISA’s threat hunting capabilities. yses.—The agreement provides an increase of CISA is directed to provide a briefing not
Joint Cyber Planning Office (JCPO).—The $1,000,000 above the request to improve capa- later than 90 days after the date of enact-
agreement provides an increase of $10,568,000 bilities for operationalizing and visualizing ment of this Act on plans to establish the
above the request to establish a JCPO to critical infrastructure dependencies. CISA is SLTT Cyber Information Sharing Program
bring together federal and SLTT govern- encouraged to consider enhanced capabilities and the metrics and milestones for the pro-
ments, industry, and international partners provided by emerging technologies, such as gram.
to strategically and operationally counter Artificial Intelligence/Machine Learning, to PROCUREMENT, CONSTRUCTION, AND
nation-state cyber threats. CISA is directed support the understanding and visualization IMPROVEMENTS
to brief the Committees not later than 60 of cross-sector dependencies. The agreement provides $353,479,000, an in-
days after the date of enactment of this Act Infrastructure Analysis.—The agreement
crease of $40,000,000 above the request.
on a plan for establishing the JCPO, includ- provides $84,483,000 for infrastructure anal-
ing a budget and hiring plan; a description of ysis, which is an increase of $8,308,000 above Cybersecurity
how JCPO will complement and leverage the request for: additional risk analyses of CDM.—The agreement includes an increase
other CISA capabilities; and a strategy for 5G networks and industrial control systems; of $40,000,000 above the request to support re-
partnering with the aforementioned stake- software assurance; supply chain security quirements for CDM capabilities to strength-
holders. and analyses; and SLTT government tech- en the resiliency of federal networks.
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H8478 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Next Generation Networks (NGN) Priority ful and often traumatic events that impact that can begin no later than the budget year
Services (PS).—Not later than 90 days after their mental health and wellness, leading plus one and for planning for future projects.
the date of enactment of this Act, CISA is di- some to suicide. FEMA is directed to brief When developing the required strategic
rected to provide a briefing to the Commit- the Committees, not later than 90 days after plan, FEMA shall include a description of
tees on an updated NGN–PS acquisition plan the date of enactment of this Act, on the fea- any consideration of changes to calculation
and deployment schedule. sibility of collecting and assessing data to policies, including carryover, and/or project
RESEARCH AND DEVELOPMENT better define the impact of stress factors on criteria as FEMA decides how to assess pro-
Integrated Operations emergency management professionals. gram performance and evolution. This addi-
Individual Financial Preparedness.—The tional reporting requirement shall be sub-
The agreement includes $1,500,000 above agreement provides $2,794,000 below the re- mitted not later than March 30, 2021, if sub-
the request for the Technology Development quest for Financial Preparedness. FEMA is mission with the President’s budget proposal
and Deployment Program and $1,500,000 directed to develop a plan, including how for fiscal year 2022 is not practicable.
above the request to develop capabilities to FEMA efforts will work in concert with
model, simulate, and conduct other advanced FEMA is directed to take the actions nec-
other federal agencies with individual finan- essary to assist states that have experienced
analytics of disruptions to cyber and infra- cial preparedness, and brief the Committees
structure networks. technical difficulties during the Predisaster
before seeking additional funds for this pro- Hazard Mitigation application process and
FEDERAL EMERGENCY MANAGEMENT AGENCY gram. shall continue to make reasonable efforts to
OPERATIONS AND SUPPORT Levee Certification Data.—FEMA, in con-
minimize the amount of time between ap-
junction with the United States Army Corps
The agreement provides $4,913,000 below proval of Predisaster Hazard Mitigation ap-
of Engineers, shall brief the Committees not
the request, including $15,512,000 below the plications and reimbursement.
later than 45 days after the date of enact-
request associated with personnel cost ad- Not later than 60 days after the date of en-
ment of this Act on the status of levee cer-
justments, and increases above the request actment of this Act and quarterly thereafter,
tifications in the National Levee Database.
of: $2,000,000 for the Emergency Management FEMA shall brief the Committees on the sta-
The briefing shall detail the number of levee
Assistance Compact and $6,193,000 for con- tus of Predisaster Hazard Mitigation imple-
certifications that will be due over the next
tinuity communications equipment and ar- mentation, with a focus on how stakeholder
five years; cost savings that could be realized
chitecture in the Preparedness and Protec- views are incorporated, including the needs
if all levees are properly certified to reduce
tion PPA; $3,000,000 for national geospatial of local governments.
the risk of failure; and federal and non-fed-
infrastructure in the Response and Recovery Water and Wastewater System Resiliency.—
eral resources available for the costs of per-
PPA; and $2,200,000 for financial systems and FEMA is directed to collaborate with the En-
forming such certifications.
$1,000,000 for the Interoperable Gateway Sys- Mesonets.—FEMA, in collaboration with vironmental Protection Agency on best prac-
tem in the Mission Support PPA. Not less the National Weather Service, is directed to tices to ensure resiliency of vulnerable
than $8,948,000 is for the National Earth- brief the Committees within 90 days of the coastal water and wastewater utility facili-
quake Hazards Reduction Program and not date of enactment of this Act on the capa- ties along the Gulf Coast during disasters.
less than $9,249,000 is for the National Dam bilities of existing statewide weather obser- Water Generation Technologies.—FEMA is
Safety Program. vation mesonets. encouraged to evaluate the need for new
The bill provides $3,000,000 in Mission Sup- National Water Center (NWC).—FEMA is di- technologies, including an inventory of at-
port for the Office of Professional Responsi- rected to permanently co-locate personnel at mospheric water generation machines, to
bility and $500,000 for individual financial the NWC not later than the date on which it better prepare for disaster response.
preparedness in the Preparedness and Pro- begins to deliver operational products, and Wildfire Lessons Learned.—FEMA is di-
tection PPA. to brief the Committees not later than 90 rected to brief the Committees on lessons
FEMA and the Director of CISA are di- days later on the efforts of NWC staff to fa- learned from recent wildfires, including find-
rected to fulfill the briefing requirement in miliarize FEMA headquarters staff, regional ings and policy recommendations, not later
Senate Report 116–125 regarding the imple- staff, and FEMA Integration Team staff with than 180 days after the date of enactment of
mentation of CISA’s National Critical Func- the products and capabilities of the NWC. this Act.
tions and FEMA’s Community Lifelines. Predisaster Mitigation.—In addition to the
Commodity Supply Chains.—Following re- PROCUREMENT, CONSTRUCTION, AND
reporting requirements in Section 306 of this
cent large-scale incidents, FEMA has made Act, FEMA shall include the following in ac-
IMPROVEMENTS
use of existing systems and processes to con- cordance with paragraph (1) of Public Law The agreement includes an increase of
duct real time analysis of the supply and 114–4, the Department of Homeland Security $19,482,000 above the request, including:
availability of critical life-sustaining com- Appropriations Act, 2015: $8,400,000 for high priority deferred mainte-
modities, such as food, fuel, bottled water, (1) an estimate of the amount projected to nance at the Center for Domestic Prepared-
and electrical power, as well as the critical be set aside for the budget year for National ness; $382,000 for the National Continuity
enablers of these commodities. Such systems Public Infrastructure Predisaster Mitigation Program, Continuity Readiness Cell;
and processes have been strained by the scale Assistance through Section 203(i) of the Rob- $8,200,000 for high priority deferred mainte-
of increasingly complex disasters. FEMA is ert T. Stafford Disaster Relief and Emer- nance at the National Emergency Training
directed to brief the Committees, not later gency Assistance Act (42 U.S.C. 5133); Center; and $2,500,000 for Grants Manage-
than 30 days after the date of enactment of (2) a specific description of the method- ment Modernization. Construction and Facil-
this Act, regarding the capacity gaps of the ology and the source data used in developing ity Improvements at the Mount Weather
current systems and recommendations to ad- the estimate, including the date of the first Emergency Operations Center are funded at
dress and improve such gaps. The briefing and last disaster declaration to which such the requested amount.
shall detail how FEMA systems work with set aside will apply for the budget year;
FEDERAL ASSISTANCE
other federal agency and SLTT systems; the (3) a strategic plan for program implemen-
ways in which key commodity supply chain tation if the amount set aside reaches more The agreement includes an increase of
nodes are identified; where vulnerabilities than 10 percent above or below the estimate $812,340,000 above the budget request, not in-
exist; and how owner and operator partners during the budget year, including carryover cluding funding transferred from the Office
should be consulted. to the budget year plus one; and of the Secretary and Executive Management
Emergency Management Personnel (4) an estimation, developed in conjunction for targeted violence and terrorism preven-
Wellness.—Currently, national level data is with appropriate stakeholders and verified tion grants and an Alternatives to Detention
unavailable on the impacts of stress factors by a third party, such as a Federally Funded case management pilot program. The
on emergency management professionals Research and Development Center, of the amount provided for this appropriation by
who are repeatedly exposed to highly stress- amount that could be obligated for projects PPA is as follows:
Budget Estimate Final Bill
Federal Assistance
Grants
State Homeland Security Grant Program ......................................................................................................................................................................................................................... $331,939,000 $610,000,000
(Operation Stonegarden) ................................................................................................................................................................................................................................................... ––– (90,000,000)
(Tribal Security Grants) .................................................................................................................................................................................................................................................... ––– (15,000,000)
(Non-profit Security) ......................................................................................................................................................................................................................................................... ––– (90,000,000)
Urban Area Security Initiative .......................................................................................................................................................................................................................................... 426,461,000 705,000,000
(Non-profit Security) ......................................................................................................................................................................................................................................................... ––– (90,000,000)
Public Transportation Security Assistance ....................................................................................................................................................................................................................... 36,358,000 100,000,000
(Amtrak Security) .............................................................................................................................................................................................................................................................. ––– (10,000,000)
(Over-the-Road Bus Security) ........................................................................................................................................................................................................................................... ––– (2,000,000)
Port Security Grants ......................................................................................................................................................................................................................................................... 36,358,000 100,000,000
Assistance to Firefighter Grants ...................................................................................................................................................................................................................................... 344,344,000 360,000,000
Staffing for Adequate Fire and Emergency Response (SAFER) Grants ........................................................................................................................................................................... 344,344,000 360,000,000
Emergency Management Performance Grants ................................................................................................................................................................................................................. 279,335,000 355,000,000
National Security and Resilience Grant Program ............................................................................................................................................................................................................ 406,909,000 –––
Flood Hazard Mapping and Risk Analysis Program (RiskMAP) ....................................................................................................................................................................................... 100,000,000 263,000,000
Regional Catastrophic Preparedness Grants ................................................................................................................................................................................................................... ––– 12,000,000
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8479
Budget Estimate Final Bill
High Hazard Potential Dams ............................................................................................................................................................................................................................................ ––– 12,000,000
Emergency Food and Shelter ............................................................................................................................................................................................................................................ ––– 130,000,000
Targeted Violence and Terrorism Prevention Response Grants ....................................................................................................................................................................................... 20,000,000 –––
Subtotal, Grants ...................................................................................................................................................................................................................................................... 2,326,048,000 3,007,000,000
Education, Training, and Exercises .................................................................................................................................................................................................................................. ––– –––
Center for Domestic Preparedness ................................................................................................................................................................................................................................... 67,326,000 67,019,000
Center for Homeland Defense and Security ..................................................................................................................................................................................................................... ––– 18,000,000
Emergency Management Institute .................................................................................................................................................................................................................................... 20,229,000 21,520,000
U.S. Fire Administration ................................................................................................................................................................................................................................................... 49,716,000 49,269,000
National Domestic Preparedness Consortium .................................................................................................................................................................................................................. ––– 101,000,000
Continuing Training Grants .............................................................................................................................................................................................................................................. ––– 12,000,000
National Exercise Program ............................................................................................................................................................................................................................................... 19,233,000 19,084,000
Subtotal, Education, Training, and Exercises ......................................................................................................................................................................................................... 156,504,000 287,892,000
Subtotal, Federal Assistance ................................................................................................................................................................................................................................... 2,482,552,000 3,294,892,000
Targeted Violence and Terrorism Prevention.
Grants (by transfer) .......................................................................................................................................................................................................................................................... ––– (20,000,000)
Alternatives to Detention Case Management.
Pilot Program (by transfer) .............................................................................................................................................................................................................................................. ––– (5,000,000)
Total, Federal Assistance (including transfers) ...................................................................................................................................................................................................... $2,482,552,000 $3,319,892,000
Center for Domestic Preparedness.—FEMA territories, particularly those with large than 15 days after the date of enactment of
shall ensure the Center for Domestic Pre- urban population centers. Further, the brief- this Act on efforts to ensure timely pay-
paredness continues to provide its usual ing shall include a description of metrics ments for completed contract work and to
suite of training opportunities for first re- used to quantify risk related to areas located outline the extent and cause of the payment
sponders, emergency management profes- within 200 miles of an international border. delays, the planned resolution, and the ex-
sionals, law enforcement officers, and U.S. Fire Administration (USFA).—Of the pected date of resolution. FEMA is directed
healthcare professionals. total provided for USFA, the agreement in- to provide monthly follow-on briefings there-
Continuing Training Grants.—The agree- cludes full funding for State Fire Training after on any issues related to unresolved
ment includes $12,000,000 for Continuing Grants. FEMA is directed to continue its payment delays.
Training Grants, of which not less than traditional funding for the congressionally Disaster Declaration Recommendations.—
$3,000,000 shall be competitively awarded for mandated National Fallen Firefighters Me- FEMA is directed to consult with states on
FEMA-certified rural and tribal training; morial and for State Fire Training Grants. its policies for estimating disaster damage
$2,000,000 for FEMA to partner with the Fed- There is currently no national data con- costs in relation to the population of a state
eral Aviation Administration (FAA) Un- cerning suicide rates of firefighters who are when determining whether to recommend
manned Aircraft Center of Excellence to con- repeatedly exposed to trauma that impacts that the President issue a federal disaster
duct a regional training program for SLTT their mental health and wellness. USFA is declaration. The consultation should include
responders in using UAS for disaster pre- directed to collect and maintain such data considerations of local economic factors
paredness and response; and $4,000,000 for ac- and report on firefighter suicides. USFA such as the local assessable tax base; the
tivities of the National Cybersecurity Pre- shall update the Committees on the status of local sales tax; the median income and pov-
paredness Consortium. fulfilling this requirement within 90 days of erty rate of the local affected area as it com-
Funding Considerations.—When awarding the date of enactment of this Act. The report pares to that of the state; and the economic
grants, the Administrator shall consider: the shall include an assessment of FEMA’s abil- health of the state, including factors such as
needs of cybersecurity preparedness and ity to require reporting of firefighter suicide the state unemployment rate compared to
planning; state court cybersecurity; 911 call data in applications for Assistance to Fire- the national rate.
capabilities; alert and warning capabilities; fighter Grants and Staffing for Adequate
Private Property Debris.—FEMA is reminded
implementation of the REAL ID Act (Public Fire and Emergency Response Grants.
that debris on private property can cause
Law 109–13); and countering targeted vio- DISASTER RELIEF FUND health and safety risks and can be costly for
lence and terrorism prevention programs. The agreement provides $12,082,051,000 residents. FEMA is encouraged to consider
Regional Catastrophic Preparedness Grant above the request, for a total of the costs of debris removal from private
Program.—FEMA is directed to prioritize $17,142,000,000. The total amount is appro- property when making recommendations on
funding for efforts which formalize new or priated under the budget cap adjustment for disaster declarations and eligibility deter-
sustain existing working groups for contin- major disaster response and recovery activi- minations.
ued effective coordination; ensure synchroni- ties. No funds are provided for base DRF ac-
NATIONAL FLOOD INSURANCE FUND
zation of plans and shared best practices; im- tivities due to a significant carryover bal-
plement citizen and community prepared- ance in the base account that is sufficient The agreement includes funding for the
ness campaigns; and pre-position needed for carrying out all projected fiscal year 2021 National Flood Insurance Fund as proposed
commodities and equipment. FEMA is fur- activities. in the budget request.
ther directed to take into account the needs Community Disaster Loans.—The agreement TITLE III—ADMINISTRATIVE
of areas at risk of natural and man-made ca- permits FEMA to transfer up to $250,000,000 PROVISIONS
tastrophe and affected communities. from the DRF to the Disaster Assistance Di-
Urban Area Security Initiative (UASI).—Con- Section 301. The agreement includes a pro-
rect Loan Program (DADLP) for the costs of
sistent with the Implementing Recommenda- vision making ‘‘Cybersecurity and Infra-
Community Disaster Loans. FEMA is di-
tions of the 9/11 Commission Act, the agree- structure Security Agency—Operations and
rected to provide regular updates to the
ment requires FEMA to conduct risk assess- Support’’ funding available for a cybersecu-
Committees on the use of the DADLP, in-
ments for the 100 most populous metropoli- rity competition established by Executive
cluding prompt notification when forecasted
tan statistical areas prior to making UASI Order No. 13870.
use of the program will require near-term re-
grant awards. It is expected that UASI fund- plenishment of funding. FEMA is directed to Section 302. The agreement continues a
ing will be limited to urban areas rep- provide a briefing to the Committees not provision limiting expenses for administra-
resenting up to 85 percent of the cumulative later than 60 days after the date of enact- tion of grants.
national terrorism risk to urban areas, and ment of this Act on the recent, current, and Section 303. The agreement continues a
that resources will continue to be allocated projected need for such loans, the estimated provision specifying timeframes for certain
in proportion to risk. end-of-year DADLP balance and plans for grant applications and awards.
The current formula used for managing implementing the loan cancellation provi- Section 304. The agreement continues a
risk and for distributing grant funding is sions in the Additional Supplemental Appro- provision specifying timeframes for informa-
based on threat, vulnerability, and con- priations for Disaster Relief Requirements tion on certain grant awards.
sequence. FEMA is directed to provide a Act, 2017, Public Law 115–72. Section 305. The agreement continues a
comprehensive briefing on the risk formula Disaster Contractor and Subcontractor Pay- provision that addresses the availability of
to the Committees, not later than 45 days ments.—There remains a significant backlog certain grant funds for the installation of
after the date of enactment of this Act, in- of unpaid contractor and subcontractor in- communications towers.
cluding an update on its risk assessment voices for recovery activities in the U.S. Vir- Section 306. The agreement continues a
methodology, and results and options for up- gin Islands and Puerto Rico from 2017 hurri- provision requiring a report on the expendi-
dating the formula. The briefing shall in- canes, particularly as it relates to the Shel- tures of the DRF.
clude a discussion on how the risk analysis tering and Temporary Essential Power pro- Section 307. The agreement modifies a pro-
incorporates data points which dispropor- gram and electricity restoration. FEMA is vision permitting certain waivers to SAFER
tionately affect non-contiguous states and directed to brief the Committees not later grant program requirements.
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H8480 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Section 308. The agreement continues a port to the Committees on the distribution velop an agency-wide workload staffing allo-
provision providing for the receipt and ex- of H–2B visas, which should contain, but not cation model that incorporates personnel
penditure of fees collected for the Radio- be limited to, a tabulation of the percent of levels and existing assets and capabilities on
logical Emergency Preparedness Program, as overall visas issued to the top 15 employers. USCIS operations. The model should allow
authorized by Public Law 105–276. Also, not later than 180 days after the date of USCIS to assess the impact of potential pol-
Section 309. The agreement includes a pro- enactment of this Act, the Department, in icy changes, vetting procedures, business
vision allowing the merger of funds provided consultation with the Department of Labor, process improvements, IT modernization,
in different parts of the Robert T. Stafford shall continue to brief the Committees on the streamlining of forms, and other factors
Act after the Administrator of FEMA noti- the impacts of the current H–2B visa semi- on its operations and finances to better un-
fies the Committees of how it intends on annual distribution on employers, employ- derstand the costs and benefits of such
using the merged funds. ees, and agency operations. changes prior to execution. It should not as-
Section 310. The agreement includes a pro- International Operations Division.—The sume that duties related to the agency’s core
vision allowing the FEMA Administrator to briefing required in House Report 116–458 on mission will be performed by employees de-
waive certain requirements pertaining to As- the closure of international offices shall be tailed from other agencies. The briefing shall
sistance to Firefighter Grants. provided not later than 180 days after the also identify current resource gaps; imple-
Section 311. The agreement includes a pro- date of enactment of this Act. mentation challenges; and any key policy or
vision authorizing FEMA to provide Commu- Processing Times for Immigration Benefits.— legislative proposals that would help im-
nity Disaster Loans to U.S. territories where USCIS is expected to adjudicate citizenship prove the agency’s ability to become more
major disasters were declared in 2018 and and other applications in a timely manner. efficient and reduce backlogs.
permits FEMA to waive certain provisions of Not later than 90 days after the date of en- FEDERAL ASSISTANCE
the Community Disaster Loan program for actment of this Act, USCIS shall provide to
such loans. the Committees a report on measures imple- The agreement includes $10,000,000 above
mented to promptly reduce processing the request to support the Citizenship and
TITLE IV—RESEARCH, DEVELOPMENT,
delays. Integration Grant Program. In addition,
TRAINING, AND SERVICES
Public Backlog Reporting.—USCIS shall pro- USCIS continues to have the authority to
UNITED STATES CITIZENSHIP AND IMMIGRATION accept private donations to support this pro-
SERVICES vide the Committees a plan, not later than 60
days after the date of enactment of this Act, gram. USCIS is directed to provide an update
OPERATIONS AND SUPPORT
on establishing a quarterly, public report on on its planned use of this authority not later
The agreement includes a reduction of backlogs for each form type or immigration than 30 days after the date of enactment of
$886,000 below the budget request for per- benefit request. Such reporting shall include, this Act, to include efforts undertaken to so-
sonnel cost adjustments. at a minimum, the total number of appli- licit private donations.
Asylum Applications.—USCIS is directed to cants or petitioners in each USCIS backlog; Citizenship and Integration Grant Program.—
continue to provide a report to the Commit- be identified by form type or immigration Within 90 days of the date of enactment of
tees not later than 90 days after the date of benefit request; and indicate the length of this Act, USCIS is directed to brief the Com-
enactment of this Act on the efforts and spe- time pending in each backlog. mittees on its proposed guidelines and re-
cific actions, if any, that the agency is tak- Quarterly Budget and Productivity Report- quirements for the fiscal year 2021 Citizen-
ing to reduce the backlog of asylum applica- ing.—Over the past few years, USCIS has in- ship and Integration Grant Program, and to
tions, while ensuring that asylum applicants creased spending beyond its projected rev- consider the recommendations for the pro-
are properly reviewed for security purposes. enue. To ensure financial stability and ac- gram detailed in House Report 116–458.
Feasibility Briefings.—Not later than 90 days countability, USCIS shall brief the Commit- FEDERAL LAW ENFORCEMENT TRAINING
after the date of enactment of this Act, tees not later than 90 days after the date of CENTERS
USCIS is directed to brief the Committees on enactment of this Act and quarterly there- OPERATIONS AND SUPPORT
the feasibility of complying with each of the after on budget operations, including rev-
directives in House Report 116–458 regarding The agreement provides $8,869,000 above
enue projections, actual spending, and other
the following topics: the request, including $4,700,000 above the re-
financial forecasts.
(1) replacement certificates of naturaliza- quest for export training. The Director of the
At a minimum, the briefing shall include:
tion and certificates of citizenship; Federal Law Enforcement Training Centers
the annual operating plan and details on
(2) humanitarian petitions; shall brief the Committees not later than 30
spending within each directorate and office;
(3) military naturalization applications; days after the date of enactment of this Act
an overview of operations; revenue and ex-
and on the planned use of these additional train-
penses delineated by form type; other agency
(4) unused visas. ing funds.
expenses, including payments or transfers to
Financial Transparency and Account- A reduction of $1,490,000 to the request is
other federal agencies; and carryover or re-
ability.—For future budget justifications, fee for personnel cost adjustments. The agree-
serve fund projections and spending. USCIS
studies, and fee rules, USCIS is directed to ment also partially rejects proposed de-
shall also include this information in its
provide a more detailed justification and ac- creases of $5,659,000 for travel and staff pay.
quarterly reporting to the Committees. Ad-
counting level to ensure transparency and De-escalation Training.—FLETC is cur-
ditionally, USCIS shall develop productivity
executability. For the budget justification rently evaluating data from hundreds of po-
measures that convey the baseline capacity
materials for appropriated and fee-funded ac- lice interactions with citizens to identify
and capabilities for processing applications
counts, such details shall include justifica- communications practices by officers who
and petitions and capture the impact of in-
tions for each adjustment to base and pro- are able to de-escalate and diffuse conflicts.
vestments in personnel, technology, or
gram change from the prior year for each FLETC will use its findings to evaluate cur-
changes to processes and policies on such
PPA and at the office-level for the Adminis- rent training and incorporate best practice
measures. Updates on USCIS performance
tration PPA. skills into training programs. In lieu of re-
against these measures shall be included
For the next biennial fee study, USCIS is lated language in the House report, FLETC
with the quarterly budget reporting.
strongly urged to apply advanced analytics Refugee Admissions.—The Department is di- is directed to brief the Committees, not later
and modeling capabilities to improve the ac- rected to continue to submit to the Commit- than 60 days after the completion of the
curacy and transparency of the way in which tees and make available on a publicly acces- evaluation, on key findings, including how
the agency determines potential fee changes. sible website, by not later than 90 days after FLETC intends to modify training to
Additionally, USCIS shall incorporate appro- the date of enactment of this Act, the fol- produce positive outcomes.
priate analyses into the fee study to quan- lowing information for each of fiscal years Officer Wellness.—Exposure to critical inci-
tify the impact of business process improve- 2018 through 2021: dents has a significant impact on an officer’s
ments and IT modernization on its oper- (1) the number of USCIS staff assigned to physical and mental health. Training in cop-
ations, ultimately reflecting the cost benefit the Refugee Corps at the Refugee Affairs Di- ing skills can mitigate the detrimental im-
of these improvements on minimizing fee in- vision of USCIS; pact such exposure can have on an officer’s
creases. Further, USCIS shall assess the im- (2) the number of refugee processing circuit ability to maintain emotional control and
pact of appropriated funding on fee-funded rides conducted; make rational choices and decisions both
requirements and reflect that impact in fu- (3) the number of USCIS Refugee Corps of- professionally and personally. FLETC is di-
ture fee studies. For example, appropriations ficers assigned to each circuit ride; rected to brief the Committees not later
provided for the E-Verify program are ex- (4) the destination region and country for than 30 days after the date of enactment of
pected to have a positive benefit on USCIS each circuit ride; this Act on its current curricula associated
fraud and detection activities. Not later than (5) the number of refugee interviews con- with officer wellness and resiliency. The
60 days after the date of enactment of this ducted by USCIS; and briefing shall include a description of the
Act, USCIS shall brief the Committees on its (6) the number of approvals and denials regularity with which the training is up-
efforts to leverage analytic capabilities to issued by USCIS. dated, how emerging research is incor-
better inform workload and fee projections. Resource Optimization Strategy.—Not later porated into training, and how the effective-
H–2B Visa Program Reporting.—Not later than 60 days after the date of submission of ness of such training is evaluated.
than 120 days after the date of enactment of the fiscal year 2022 budget request, USCIS Training Facilities.—The Director shall
this Act, the Department shall provide a re- shall brief the Committees on a plan to de- schedule basic or advanced law enforcement
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8481
training, or both, at all four training facili- $5,000,000 for self-adapting security mecha- increase drug interdiction through scanning,
ties to ensure they are operated at the high- nisms that utilize data analytics-driven scor- electronic detection, or canine detection.
est capacity before entering new leases or es- ing to measure weaknesses in software de- Silicon Valley Innovation Program (SVIP).—
tablishing new partnerships with training or- sign; up to $2,000,000 for S&T to continue Within 90 days after the date of enactment of
ganizations. FLETC is also directed to pro- working with a university partner to evalu- this Act, S&T is directed to brief the Com-
vide a cost analysis detailing, at a minimum, ate cybersecurity training materials and the mittees on the SVIP’s current and projected
each training center’s maximum instruc- social and behavioral impacts on protecting return on investment.
tional capacity by course and measured local law enforcement entities and their re- Work for Others.—Within 90 days of the
against its annual student occupancy. spective operations; up to $5,000,000 for S&T date of enactment of this Act and annually
PROCUREMENT, CONSTRUCTION, AND to enter into an Educational Partnership thereafter, S&T is directed to brief the Com-
IMPROVEMENTS Agreement with the U.S. Army Corps of En- mittees on the implementation and execu-
gineers and one or more educational institu- tion of the Work for Others program within
The agreement provides the requested tions with expertise in water infrastructure
amount for the purchase of leased dorms. the NBACC.
resilience and material sciences to develop UNIVERSITY PROGRAMS
SCIENCE AND TECHNOLOGY DIRECTORATE capabilities for maintaining and improving
OPERATIONS AND SUPPORT the integrity of U.S. levee and dam systems; The agreement includes $21,004,000 above
up to $6,000,000 to develop a national testing the request for the Centers of Excellence and
The agreement provides $17,914,000 above
capacity to assess vulnerabilities and miti- $1,761,000 above the request for Minority
the budget request. The agreement does not
gate biological risks in building air and Serving Institutions.
accept the proposed decreases of $3,824,000 for
water handling systems, multi-building fa- Election Security.—Within 90 days of the
Test and Evaluation, $6,276,000 for adminis-
cilities, and waste water systems; up to date of enactment of this Act, S&T, in part-
trative support services, and $8,884,000 for
$1,500,000 above the request to collaborate nership with CISA, is directed to brief the
management efficiencies.
with the Army’s Engineer Research Develop- Committees on the feasibility of funding a
The agreement includes a reduction of
ment Center and its university partners to Center of Excellence focused on election se-
$1,070,000 below the budget request associ-
demonstrate and integrate protective tech- curity, the minimum qualifications for po-
ated with personnel cost adjustments.
nologies into CISA activities to address iden- tential applicants, and an estimated
PROCUREMENT, CONSTRUCTION, AND timeline for when such a Center of Excel-
tified technological needs and requirements
IMPROVEMENTS lence could be established.
for Soft Target and Crowded Spaces protec-
The bill provides the requested funding tion. COUNTERING WEAPONS OF MASS DESTRUCTION
level for biological decontamination, com- The agreement supports not less than the OFFICE
pleting environmental regulatory compli- requested $24,091,000 for Cyber Data Ana- OPERATIONS AND SUPPORT
ance activities, and preserving historic as- lytics; $35,940,000 for Counter-Unmanned Aer-
sets at the Plum Island Animal Disease Cen- ial Systems (CUAS) Research; and $2,000,000 The agreement provides $7,017,000 above
ter. to continue the Binational Cooperative Pilot the request, including $5,000,000 for the Na-
The Science and Technology Directorate program. S&T is directed to report to the tional Biosurveillance Integration Center;
(S&T) is directed to brief the Committees Committees on the outcomes of grants $2,600,000 for National Technical Nuclear
not later than 60 days after the date of en- awarded through this pilot not later than 180 Forensics (NTNF); and $300,000 for the Office
actment of this Act on an expenditure plan days after the date of enactment of this Act. of the Chief Medical Officer (CMO). The bill
for these activities, and to provide semi-an- CUAS.—Within 180 days of the date of en- also includes a reduction to the request of
nual updates thereafter. actment of this Act, S&T is directed to up- $883,000 for personnel cost adjustments.
RESEARCH AND DEVELOPMENT date the Committees on efforts to coordinate Funding provided above the request for the
with interagency partners and universities Office of the CMO is to develop and rec-
The agreement provides $103,915,000 above ommend effective department-wide planning,
the request for Research and Development with expertise in unmanned aerial systems
to research, develop, test, and evaluate interagency coordination protocols, and
(R&D), including increases of $81,150,000 for training related to medical issues during a
Research Development, and Innovation; and CUAS capabilities; to develop CUAS policies;
and to assess the need for a permanent orga- public health emergency, as well as stand-
$22,765,000 for University Programs. ards for providing physical and mental
nization to integrate and coordinate inter-
RESEARCH, DEVELOPMENT, AND INNOVATION healthcare to minors detained in CBP cus-
agency capabilities, research, and policies
S&T is directed to brief the Committees and ensure a consistent and efficient federal tody. The Countering Weapons of Mass De-
not later than 30 days after the date of en- approach to countering the misuse of UAS in struction Office is directed to provide an up-
actment of this Act on the proposed alloca- the national airspace. S&T is urged to date to the Committees on these efforts
tion of R&D funds by project and to subse- prioritize collaboration with qualified re- within 180 days of the date of enactment of
quently update the Committees on any search universities and interagency partners this Act.
changes from the planned allocation of re- that have demonstrated UAS expertise and The proposed transfer of responsibilities
sources. S&T shall provide a report of to use test ranges already established by the for NTNF from DHS to the National Nuclear
projects which are not in the allocation not Department and the Federal Aviation Ad- Security Agency (NNSA) has not been au-
later than 90 days after the date of enact- ministration (FAA) to the maximum extent thorized by Congress and is not accepted.
ment of this Act, as required in House Re- possible. The Office of the CMO is directed to pro-
port 116–458. Datacasting Public Safety.—Within 90 days vide a briefing, not later than 30 days after
In developing its allocation plan, S&T is to of the date of enactment of this Act, S&T, in the date of enactment of this Act, on its re-
consider funding ongoing meritorious consultation with the National Institute for sponsibilities regarding countering biologi-
projects, those referenced in House Report Standards and Technology, the Corporation cal, chemical, and radiological risks during a
116–458, and the following: up to $6,000,000 to for Public Broadcasting, and the First Re- public health emergency.
pursue research and development related to sponder Network Authority, is directed to The Office of the CMO is directed to pro-
data visualization and emerging analytics brief the Committees on the feasibility of de- vide quarterly briefings on the execution of
that can enhance tracking for cargo and peo- veloping a pilot program to support the ef- transferred funds for electronic health
ple; up to $5,000,000 for the development of a forts of local public broadcasters in dem- records, as directed in House Report 116–458,
multi-purpose, high yield active neutron in- onstrating and evaluating the benefits of beginning not later than 60 days after the
terrogation; up to $2,500,000 to establish a datacasting technology to public safety date of enactment of this Act.
maritime port resiliency and security re- agencies. PROCUREMENT, CONSTRUCTION, AND
search testbed; up to $7,000,000 for Partner- Laboratory Facilities Research and Develop- IMPROVEMENTS
ship Intermediary Agreements; up to ment.—The agreement fully funds research The agreement provides the requested
$2,000,000 to develop thermoplastic composite and development activities at the National funding level.
materials that improve sensor integration as Biodefense Analysis and Countermeasures
well as up to $10,000,000 for an initial dem- Center (NBACC), the National Urban Secu- RESEARCH AND DEVELOPMENT
onstration of a Secure Hybrid Composite rity Technology Laboratory, and the Chem- The agreement provides $7,100,000 above
Intermodal Container; up to $9,000,000 for ical Security Analysis Center. the request, reflecting the rejection of the
non-intrusive inspection technologies; up to Opioid and Fentanyl Detection.—S&T is en- transfer of NTNF resources to NNSA.
$15,358,000 for Explosives Threat Assessment; couraged to increase its development of FEDERAL ASSISTANCE
up to $11,500,000 for the research, develop- rapid screening technology. Within 90 days of
The agreement provides $11,000,000 above
ment, testing and evaluation of wind and the date of enactment of this Act, S&T is di-
the request for Securing the Cities.
solar powered unmanned maritime vessels; rected to provide a report to the Committees
up to $1,500,000 to collaborate with a univer- on any S&T research or development efforts TITLE IV—ADMINISTRATIVE
sity partner and Homeland Security Inves- to incorporate rapid scanning into the de- PROVISIONS
tigations; up to $15,269,000 for the Detection partment’s screening methods for drug inter- Section 401. The agreement continues a
Canine Program; up to $4,000,000 for the Dem- diction. The report shall include screening provision allowing USCIS to acquire, oper-
onstration Site for enabling Unmanned Aer- methods for Schedule 1 drugs as categorized ate, equip, and dispose of up to five vehicles
ial Systems (UAS) technologies; up to by the FDA and an implementation plan to under certain scenarios.
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H8482 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Section 402. The agreement continues a mentation of new programs, projects, or ac- Section 505. The agreement continues a
provision limiting the use of A–76 competi- tivities that were not proposed in a formal provision providing that not to exceed 50 per-
tions by USCIS. budget submission. Transfers may not reduce cent of unobligated balances from prior-year
Section 403. The agreement continues a accounts by more than five percent or in- appropriations for each Operations and Sup-
provision requiring reporting on certain crease accounts by more than ten percent. port appropriation shall remain available
USCIS activities. The Committees on Appropriations must be through fiscal year 2022, subject to section
Section 404. The agreement continues a notified not fewer than 30 days in advance of 503 reprogramming requirements.
provision authorizing the Director of FLETC any transfer. Section 506. The agreement continues a
to distribute funds for expenses incurred in To avoid violations of the Anti-Deficiency provision that deems intelligence activities
training accreditation. Act, the Secretary shall ensure that any to be specifically authorized during fiscal
Section 405. The agreement continues a transfer of funds is carried out in compliance year 2021 until the enactment of an Act au-
provision directing the FLETC Accreditation with the limitations and requirements of thorizing intelligence activities for fiscal
Board to lead the federal law enforcement section 503(c). In particular, the Secretary year 2021.
training accreditation process to measure should ensure that any such transfers adhere Section 507. The agreement modifies a pro-
and assess federal law enforcement training to the opinion of the Comptroller General’s vision requiring notification to the Commit-
programs, facilities, and instructors. decision in the Matter of: John D. Webster, tees at least three days before DHS executes
Section 406. The agreement continues a Director, Financial Services, Library of Con- or announces grant allocations or grant
provision allowing the acceptance of trans- gress, dated November 7, 1997, with regard to awards totaling $1,000,000 or more; an award
fers from government agencies into ‘‘Federal the definition of an appropriation subject to or contract, other transaction agreement, or
transfer limitations. task order on a multiple award agreement,
Law Enforcement Training Centers—Pro-
The Department shall submit notifications or to issue a letter of intent of greater than
curement, Construction, and Improve-
on a timely basis and provide complete ex- $4,000,000; task or delivery orders greater
ments’’.
planations of the proposed reallocations, in- than $10,000,000 from multi-year funds; or
Section 407. The agreement continues a
cluding detailed justifications for the in- sole-source grant awards. Notifications shall
provision classifying FLETC instructor staff
creases and offsets, and any specific impact include a description of the projects or ac-
as inherently governmental for certain con- tivities to be funded and the location, includ-
siderations. the proposed changes would have on the
budget request for the following fiscal year ing city, county, and state.
TITLE V—GENERAL PROVISIONS Section 508. The agreement continues a
and future-year appropriations require-
(INCLUDING TRANSFERS AND RESCISSIONS OF ments. Each notification submitted to the provision prohibiting all agencies from pur-
FUNDS) Committees should include a detailed table chasing, constructing, or leasing additional
Section 501. The agreement continues a showing the proposed revisions to funding facilities for federal law enforcement train-
provision directing that no part of any ap- and FTE—at the account, program, project, ing without advance notification to the Com-
and activity level—for the current fiscal mittees.
propriation shall remain available for obliga-
Section 509. The agreement continues a
tion beyond the current year unless ex- year, along with any funding and FTE im-
provision prohibiting the use of funds for any
pressly provided. pacts on the budget year.
The Department shall manage its pro- construction, repair, alteration, or acquisi-
Section 502. The agreement continues a tion project for which a prospectus, if re-
provision providing authority to merge unex- grams, projects, and activities within the
quired under chapter 33 of title 40, United
pended balances of prior appropriations with levels appropriated, and should only submit
States Code, has not been approved.
new appropriation accounts, to be used for reprogramming or transfer notifications in Section 510. The agreement continues a
the same purpose, subject to reprogramming cases of unforeseeable and compelling cir- provision that includes and consolidates by
guidelines. cumstances that could not have been pre- reference prior-year statutory provisions re-
Section 503. The agreement continues a dicted when formulating the budget request lated to a contracting officer’s technical rep-
provision from prior years related to re- for the current fiscal year. When the Depart- resentative training; sensitive security in-
programming and transfer authority. All ment submits a reprogramming or transfer formation; and the use of funds in conform-
components funded by the Department of notification and does not receive identical ance with section 303 of the Energy Policy
Homeland Security Appropriations Act, 2021, responses from the House and Senate Com- Act of 1992.
must comply with these requirements. mittees, it is expected to reconcile the dif- Section 511. The agreement continues a
The Department must notify the Commit- ferences before proceeding. provision prohibiting the use of funds in con-
tees on Appropriations prior to each re- The Department is not to submit a re- travention of the Buy American Act.
programming of funds that would reduce pro- programming or transfer notification after Section 512. The agreement continues a
grams, projects, activities, or personnel by June 30 except in extraordinary cir- provision regarding the oath of allegiance re-
ten percent or more. Notifications are also cumstances that imminently threaten the quired by section 337 of the Immigration and
required for each reprogramming of funds safety of human life or the protection of Nationality Act.
that would increase a program, project, or property. If an above-threshold reprogram- Section 513. The agreement continues a
activity by more than $5,000,000 or ten per- ming or a transfer is needed after June 30, provision that precludes DHS from using
cent, whichever is less. The Department the notification should contain sufficient funds in this Act to carry out reorganization
must submit these notifications to the Com- documentation as to why it meets this statu- authority. This prohibition is not intended
mittees on Appropriations at least 15 days in tory exception. to prevent the Department from carrying
De-obligated funds are also subject to the out routine or small reallocations of per-
advance of any such reprogramming.
reprogramming and transfer limitations and sonnel or functions within components, sub-
For purposes of reprogramming notifica-
requirements set forth in section 503. ject to section 503 of this Act. This section
tions, ‘‘program, project, or activity’’ is de- Section 503(f) authorizes the Secretary to
fined as an amount identified in the detailed prevents large-scale reorganization of the
transfer up to $20,000,000 to address immigra- Department, which should be acted on legis-
funding table located at the end of this tion emergencies after notifying the Com-
statement or an amount directed for a spe- latively by the relevant congressional com-
mittees of such transfer at least five days in mittees of jurisdiction. Any DHS proposal to
cific purpose in this statement. Also, for pur- advance.
poses of reprogramming notifications, the reorganize components that is included as
Section 504. The agreement continues a
creation of a new program, project, or activ- part of a budget request will be considered
provision, by reference, prohibiting funds ap-
ity is defined as any significant new activity by the Committees.
propriated or otherwise made available to Section 514. The agreement continues a
that has not been explicitly justified to the the Department to make payment to the provision prohibiting funds for planning,
Congress in budget justification material Working Capital Fund (WCF), except for ac- testing, piloting, or developing a national
and for which funds have not been appro- tivities and amounts allowed in the Presi- identification card.
priated by the Congress. For further guid- dent’s fiscal year 2021 budget request. Funds Section 515. The agreement continues a
ance when determining which movements of provided to the WCF are available until ex- provision directing that any official required
funds are subject to section 503, the Depart- pended. The Department can only charge by this Act to report or certify to the Com-
ment is reminded to follow GAO’s definition components for direct usage of the WCF and mittees on Appropriations may not delegate
of ‘‘program, project, or activity’’ as detailed these funds may be used only for the pur- such authority unless expressly authorized
in GAO’s A Glossary of Terms Used in the Fed- poses consistent with the contributing com- to do so in this Act.
eral Budget Process. Within 30 days of the ponent. Any funds paid in advance or for re- Section 516. The agreement continues a
date of enactment of this Act, the Depart- imbursement must reflect the full cost of provision prohibiting the use of funds for the
ment shall submit to the Committees a table each service. The Department shall submit a transfer or release of individuals detained at
delineating PPAs subject to section 503 noti- notification prior to adding a new activity to United States Naval Station, Guantanamo
fication requirements, as defined in this the fund or eliminating an existing activity Bay, Cuba into or within the United States.
paragraph. from the fund. For activities added to the Section 517. The agreement continues a
Limited transfer authority is provided to fund, such notifications shall detail the provision prohibiting funds in this Act to be
give the Department flexibility in respond- source of funds by PPA. In addition, the De- used for first-class travel.
ing to emerging requirements and signifi- partment shall submit quarterly WCF execu- Section 518. The agreement continues a
cant changes in circumstances, but is not tion reports to the Committees that include provision prohibiting the use of funds to em-
primarily intended to facilitate the imple- activity level detail. ploy illegal workers as described in Section
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8483
274A(h)(3) of the Immigration and Nation- fects more than 100 full time positions or restraints on pregnant detainees in DHS cus-
ality Act. costs more than $5,000,000. tody except in certain circumstances.
Section 519. The agreement continues a Section 526. The agreement continues a Section 534. The agreement continues and
provision prohibiting funds appropriated or provision directing the Department to post modifies a provision prohibiting the use of
otherwise made available by this Act to pay on a public website reports required by the funds for the destruction of records related
for award or incentive fees for contractors Committees on Appropriations unless public to the death, sexual abuse, or assault of de-
with below satisfactory performance or per- posting compromises homeland or national tainees in custody.
formance that fails to meet the basic re- security or contains proprietary informa- Section 535. The agreement continues and
quirements of the contract. tion. modifies a provision prohibiting the use of
Section 520. The agreement continues a Section 527. The agreement continues a federal funds for a Principal Federal Official
provision prohibiting the use of funds to provision authorizing minor procurement, during a Stafford Act declared disaster or
enter into a federal contract unless the con- construction, and improvements activities emergency, with certain exceptions.
tract meets requirements of the Federal using Operations and Support funding. Section 536. The agreement continues a
Property and Administrative Services Act of Section 528. The agreement continues a provision concerning offsets for fee increase
1949 or chapter 137 of title 10, United States provision related to the Arms Trade Treaty. proposals.
Code, and the Federal Acquisition Regula- Section 537. The agreement includes a pro-
Section 529. The agreement continues a
tion, unless the contract is otherwise au- vision requiring the submission of a report
provision to authorize discretionary funding
thorized by statute. on the department’s unfunded priorities
for the cost of primary and secondary school-
Section 521. The agreement continues a
ing of dependents in territories that meet under budget function 050.
provision requiring DHS computer systems
certain criteria. Section 538. The agreement includes a pro-
to block electronic access to pornography,
Section 530. The agreement continues and vision directing the transfer of funds for
except for law enforcement purposes.
modifies a provision providing funding for electronic health records.
Section 522. The agreement continues a
provision regarding the transfer of firearms ‘‘Federal Emergency Management Agency— Section 539. The agreement includes a pro-
by federal law enforcement personnel. Federal Assistance’’ to reimburse extraor- vision rescinding unobligated balances from
Section 523. The agreement continues a dinary law enforcement personnel overtime specified sources.
provision regarding funding restrictions and costs for protection activities directly and Section 540. The agreement includes a pro-
reporting requirements related to con- demonstrably associated with a residence of vision rescinding lapsed balances pursuant to
ferences occurring outside of the United the President that is designated for protec- Section 505 of division D of Public Law 116–
States. tion. 93.
Section 524. The agreement continues a Section 531. The agreement continues a Section 541. The agreement provides an
provision prohibiting the use of funds to re- provision extending other transaction au- emergency supplemental appropriation for
imburse any federal department or agency thority for the Department during fiscal U.S. Customs and Border Protection, Office
for its participation in a National Special year 2021. of Field Operations, to offset the loss of cer-
Security Event. Section 532. The agreement continues a tain customs and immigration user fee re-
Section 525. The agreement continues a provision regarding congressional visits to ceipts.
provision requiring a notification, including detention facilities. Section 542. The agreement includes a pro-
justification materials, prior to imple- Section 533. The agreement continues a vision requiring reporting on the protection
menting any structural pay reform that af- provision prohibiting the use of funds to use of certain individuals.
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H8494 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8495
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H8496 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8497
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H8498 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8499
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H8500 CONGRESSIONAL RECORD — HOUSE December 21, 2020
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H8501
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