First, an administrative matter. For the next six weeks, I’ll only be posting the Other Developments, Further Reading, and Coming Events sections. Normal publishing will resume in mid-July.
The White House releases a transformative budget that has very little chance of being enacted.
It is often said budgets are moral documents for they convey the principles of an administration. And so it is with the Biden Administration’s first full budget request. The new administration seeks nothing less than a reordering of United States (U.S.) priorities with the first budget request in recent memory that provides more funding for non-national security programs than for agencies like the Department of Defense and others.
The Biden Administration’s budget request has the same odds of enactment as the Trump Administration’s budget requests did that sought to dramatically reduce domestic funding for a range of programs. In all likelihood, FY 2022 appropriations will likely resemble FY 2021 appropriations with modest increases. Nonetheless, some of the administration’s priority programs and projects may see significant increases in funding.
Despite cybersecurity and information technology (IT) modernization being priorities for the Biden White House, the funding the budget request makes available are modest increases for these programs in the aggregate. Additionally, an important agency in this space would see a slight decrease in comparison to FY 2021 appropriations.
The Biden Administration released its full FY 2022 budget request and is proposing a $6 trillion plan (including both what Congress appropriates and the funding the federal government makes available automatically according to previously passed laws). The White House is projecting a budget deficit of more than $3.6 trillion for FY 2021 and more than $1.8 trillion for FY 2022, and an historic realignment of funding under which non-national security programs would receive higher funding than national security programs. The non-national security side of the discretionary budget would get $770 billion and national security would receive $753 billion.
For the first time since September 11, 2001, an administration is asking Congress for more non-defense discretionary spending than defense spending. In its FY 2022 budget request, the White House is calling for $770 billion in non-defense (16.5% more than FY 2021 appropriated funds) and $753 billion for defense (1.6% more than FY 2021 appropriated funds). Additionally, the Biden Administration is calling for an end to the Overseas Contingency Operations (OCO) accounts, which were used to pay for operations in Iraq, Afghanistan, and elsewhere that were not counted against the cap on defense spending that existed during the last decade. In all, the Biden Administration is projecting over $6 trillion in spending (a combination of discretionary and mandatory funding). The budget also projects a budget deficit of $3.669 trillion for FY 2021 and a deficit of $1.837 for FY 2022.
The FY 2022 budget request features the American Families Plan as a centerpiece that guarantees “universal high-quality pre-school for every 3- and 4-year old in America, and adding 2 years of free community college,” increase funding for Pell grants “investments in institutions serving low-income, first generation students, and students of color.” The previously announced American Jobs Plan also features prominently in the budget rollout, and the White House is reiterating the components it wants in an infrastructure package, including its expansive definition of what constitutes infrastructure. In all, these programs would total $1.355 trillion in spending over the ten-year budget window with the vast majority being spent over the next five years.
Besides its signature policy proposals, most agencies that administer domestic programs will see major funding increases. For example, the Department of Education would get a boost of 41%, the Department of Commerce 30%, the Department of Health and Human Services 23%, and the Environmental Protection Agency 22%. This OMB chart provides a good overview of the funding the Biden Administration is asking Congress to provide:
Another OMB chart shows the percentage increase each agency would see under the administration’s budget request:
With respect to technology programs, in a summary, the Biden Administration claimed:
- Delivers Clean Drinking Water, a Renewed Electric Grid, and High-Speed Broadband to All Americans. The President’s plan would eliminate all lead pipes and service lines in drinking water systems, improving the health of the Nation’s children and communities of color. It would put hundreds of thousands of people to work laying thousands of miles of transmission lines and capping hundreds of thousands of orphan oil and gas wells and abandoned mines. It would also bring affordable, reliable, high-speed broadband to every household, including the more than 35 percent of rural families who lack access to broadband infrastructure, the millions of families paying too much for broadband, and the millions of low-income and marginalized communities left behind by digital redlining and the digital divide.
- Counters 21st Century Challenges and Threats. The Budget prioritizes the need to counter the threat from China while also deterring destabilizing behavior by Russia. Leveraging the Pacific Deterrence Initiative and working together with allies and partners in the Indo-Pacific region and the North Atlantic Treaty Organization, DOD would ensure that the United States builds the concepts, capabilities, and posture necessary to meet these challenges. To ensure the United States plays a lead role in defending democracy, freedom, and the rule of law, the Budget also includes a significant increase in resources to: strengthen and defend democracies throughout the world; advance human rights; fight corruption; and counter authoritarianism. In addition, to support agencies as they modernize, strengthen, and secure antiquated information systems and bolster Federal cybersecurity, the Budget provides $500 million for the Technology Modernization Fund, an additional $110 million for the Cybersecurity and Infrastructure Security Agency, and $750 million in additional investments tailored to respond to lessons learned from the SolarWinds incident.
- Supports a Future Made in America. The President is committed to ensuring the future is made in America by all of America’s workers. The American Jobs Plan proposes transformative new funding for manufacturing programs at the National Institute of Standards and Technology (NIST), and the Budget complements those investments with additional discretionary funding, enabling the establishment of two new Manufacturing Innovation Institutes, in addition to institutes previously launched by the Departments of Defense (DOD) and energy (DOE). The Budget also nearly doubles funding for the Manufacturing extension Partnership to boost the competitiveness of small and medium manufacturers.
- Renews America’s Commitment to R&D. The Budget proposes historic increases in funding for foundational R&D across a range of scientific agencies—including the National Science Foundation (NSF), the National Aeronautics and Space Administration (NASA), DOE, NIST, and others—to help spur innovation across the economy and renew America’s global leadership. These investments would: accelerate discoveries that would transform America’s understanding of the solar system and universe; launch the next generation of satellites to study and improve life on earth; and support upgrades to cutting-edge scientific user facilities at DOE national laboratories to build climate and clean energy research programs and train the next generation of scientists at HBCUs and MSIs. This funding, combined with the investments proposed as part of the American Jobs Plan, would firmly reestablish the United States as a global leader in R&D.
- Delivering Better Services through Design and Technology. Too often, outdated tools, systems, and practices make interacting with the Federal government cumbersome and frustrating. The COVID-19 pandemic laid bare and exacerbated the government’s technology and service delivery challenges in a time of immediate need. Recognizing this, the Administration requested and received $200 million through the American Rescue Plan for the United States Digital Service (USDS) for a multiyear investment in the USDS mission to use design and technology to deliver better services to the American people. USDS quickly deployed teams of seasoned operational engineers, service designers, product managers, and procurement experts to bring best practices and new approaches to these technology challenges, ensure access and equity are integrated into products and processes, and help agencies modernize their systems for long-term stability. USDS is integrally engaged on American Rescue Plan projects and Administration priorities for COVID-19 pandemic vaccines and testing, economic rescue and recovery, environmental justice, and immigration reform.
- Modernizing Federal IT Systems. In a world of constantly evolving technology and expanding cybersecurity threats, the Administration recognizes the critical need for additional investment in enhancing Federal IT to improve service delivery to the American public. To support agencies as they modernize, strengthen, and secure outdated information systems, the Budget includes $500 million for the Technology Modernization Fund (TMF). This builds on the substantial down-payment provided by the Congress in the American Rescue Plan to address urgent IT modernization challenges, bolster cybersecurity defenses, and improve the delivery of COVID-19 pandemic relief. The TMF would continue to serve as the predominant vehicle for delivering improvements to public-facing digital services, enhancements to cross-government collaboration, and modern technology designed with security and privacy in mind.
- Bolstering Federal Cybersecurity. Cybersecurity will continue to be a key focus in protecting this Nation’s security, and recent, significant cybersecurity incidents highlight the long-standing need to modernize Federal IT systems and augment cybersecurity capabilities. The Budget contains $9.8 billion in cybersecurity funding to secure Federal civilian networks, protect the Nation’s infrastructure, and support efforts to share information, standards, and best practices with critical infrastructure partners and American businesses. This funding includes $110 million for the Cybersecurity and Infrastructure Security Agency (CISA) and $750 million to agencies affected by recent, significant cyber incidents to address exigent gaps in security capability. These resources would better enable Federal agencies to protect technology and safeguard citizen’s sensitive information from the threats posed by cyber criminals and adversaries. Agencies will continue to improve cybersecurity practices, implement supply chain risk management programs, develop coordinated vulnerability disclosure programs, and improve cyber threat intelligence analysis. The Budget also provides $15 million to support the Office of the National Cyber Director established in the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.
- Improving the Federal IT Workforce. To support the Federal IT and cybersecurity portfolio, the Budget proposes to identify and address critical skills gaps across the IT and cybersecurity workforce. The Budget invests in innovative programs that improve the government’s ability to recruit, retain, and train a workforce that can build, maintain, and secure Federal information and information systems. The Administration is focused on continuing the use of reskilling and upskilling training programs to address critical knowledge skills gaps by reinvesting in existing employees. Moreover, the American Rescue Plan includes resources for USDS and CISA to hire information technology and cybersecurity experts.
In another document, the Biden Administration offered that:
- Federal Information Technology (IT) provides Americans with important services and information, and is the foundation of how Government serves the public in the digital age. The President proposes spending $58.4 billion on IT at civilian agencies in FY 2022, which will be used to deliver critical citizen services, keep sensitive data and systems secure, and further the vision of digital Government. The Budget also supports the implementation of Federal laws that enable agency technology planning, oversight, funding, and accountability practices and Office of Management and Budget (OMB) guidance to agencies on the strategic use of IT to enable mission outcomes. It supports the modernization of antiquated and often unsecured IT; agency migration to secure, cost-effective commercial cloud solutions and shared services; the recruitment, retention, and reskilling of the Federal technology and cybersecurity workforce to ensure higher value service delivery; and the reduction of cybersecurity risk across the Federal enterprise.
- Cybersecurity is an important component of the Administration’s IT modernization efforts, and the President remains dedicated to securing the Federal enterprise from cyber-related threats. The President’s Budget includes approximately $9.8 billion for civilian cybersecurity funding, which supports the protection of Federal IT and our Nation’s most valuable information including the personal information of the American public. These investments will, in alignment with the Administration’s priorities, focus on addressing root cause structural issues, promoting stronger collaboration and coordination among Federal agencies, and addressing capability challenges that have impeded the Government’s technology vision.
The White House also provided an overview of federal research and development funding:
Investments in research and development (R&D) are necessary to help spur innovation across the economy and renew America’s global leadership. R&D is also critical to tackling the climate crisis and driving the emerging technologies that will power future industries and create good-paying jobs across the nation. The 2022 Budget proposes $171.26 billion, a 9 percent increase, in total research and development across the Federal Government. A breakdown of the request by the major funding Department or agency is shown in the table at the end of this chapter. In addition to the 2022 Budget figures discussed in this chapter, the American Jobs Plan includes major R&D investments, including $50billion in the National Science Foundation, $30 billion in additional funding for R&D that spurs innovation and job creation and $40 billion to upgrade research infrastructure in laboratories across the country.
At the White House, the Biden Administration is asking Congress for $15 million and 25 Full-Time Equivalents (FTE) to stand up the newly created Office of the National Cyber Director. However, the Cyberspace Solarium Commission in making the recommendation that Congress create such a position called for at least 50 FTE in this office. Congress may appropriate funds and direct the creation of a larger office than the administration apparently wants.
The United States (U.S.) Department of Homeland Security (DHS) issued its FY 2022 Budget in Brief and summarized the cybersecurity portion of DHS’s request, which is one of the primary arms of U.S. cybersecurity efforts:
- The FY 2022 President’s Budget for DHS responds, in a variety of ways, to funding challenges precipitated by recent cybersecurity incidents. The discretionary request provides $2.1 billion, a $110 million increase from the FY 2021 Enacted level, for the Cybersecurity and Infrastructure Security Agency (CISA), which builds on the $650 million provided for CISA in the American Rescue Plan Act of 2021. This funding would allow CISA to enhance its cybersecurity tools, hire highly qualified experts, and obtain support services to protect and defend Federal information technology systems.
- To defend the Federal Government’s civilian information technology infrastructure, the Budget includes $408 million for the National Cybersecurity Protection System/EINSTEIN. This integrated system-of-systems increases intrusion detection, analytics, and information- sharing capabilities, and counters the threat from China while also deterring destabilizing behavior by Russia
- To enable improved national public safety communications, the Budget includes $178 million for CISA emergency communications. This program develops and implements policy and plans; coordinates funding, sustainment, and grant programs to support communications interoperability; and builds capacity with Federal as well as State, Local, Tribal, and Territorial (SLTT) stakeholders by providing technical assistance, training, resources, and guidance.
- To mitigate against the effects of the SolarWinds attack, the Budget provides $93 million to the DHS Office of the Chief Information Officer. DHS has developed a set of five common capabilities that will provide common critical recovery solutions across the Department and will strengthen systems integrity and reduce vulnerabilities going forward.
- To enhance CISA’s ability to respond to future cyber incidents, the Budget provides $20 million for a new Cyber Response and Recovery Fund (CRRF). The CRRF will enable CISA to support critical infrastructure in responding to and recovering from significant cyber incidents that exceed the Federal Government’s standing resources and capacity.
In the Congressional Justification the Cybersecurity and Infrastructure Security Agency (CISA) issued, the agency provides much greater detail about its budget request:
- $1.3 billion for cybersecurity efforts to protect Federal civilian executive branch networks and partner with the State and local governments and the private sector to increase the security of critical networks including:
- $407.6 million for the National Cybersecurity Protection System/EINSTEIN, an integrated system-of-systems that delivers a range of capabilities, including intrusion detection, analytics, intrusion prevention, and information sharing capabilities, that contribute to the defense of the civilian Federal Government’s information technology infrastructure from cyber threats;
- $325.4 million for the Continuous Diagnostics and Mitigation to fortify the cybersecurity of Federal Government networks and systems
- $20.0 million to pilot a Cyber Response and Recovery Fund (CRRF) in order to make funding available to CISA to support non-Federal critical infrastructure in responding to and recovering from a significant cyber event.
- $175.3 million for infrastructure security efforts to secure and increase resilience for critical infrastructure against all hazards through risk management and collaboration with the critical infrastructure community;
- $178.4 million to ensure emergency communication interoperability and provide assistance and support to Federal, State, local, tribal, territorial (SLTT) stakeholders;
- $180.3 million for Integrated Operations for CISA’s frontline, externally-facing activities to ensure seamless support and expedited response to critical needs;
- $116.6 million for the National Risk Management Center to provide infrastructure consequence analysis, decision support, and modeling capabilities to public and private sector partners;
- $58.2 million for Stakeholder Engagement and Requirements to foster collaboration, coordination, and a culture of shared responsibility for national critical infrastructure risk management and resilience with Federal, SLTT, and private sector partners within the United States, as well as with our international partners abroad; and
- $141.6 million for mission support activities.
The Biden Administration has stressed the need to better secure government and private sector systems, especially critical infrastructure. And yet, the agency with primary responsibility for overseeing U.S. efforts would see a modest decrease for FY 2022 at a time when the agency is reportedly stressed and stretched. CISA’s numbers show a total of $2.717 billion in FY 2021 but $2.56 billion for FY 2022. This may be an agency Congress provides greater funding for than requested. Of course, the Biden Administration may be playing the old budgetary game of under-requesting for agencies it knows Congress will more generously fund in order to ask for more funds than Congress is apt to provide for other agencies (e.g. the Departments of Education and Housing and Urban Development.)
Additionally, CISA is asking for funds for a new program, as mentioned above, $20 million for the Cyber Response and Recovery Fund (CRRF) that
shall be used to provide support to critical infrastructure, including through the provision of services, technology, or capabilities, with or without reimbursement, to respond to or recover from a significant cyber incident as defined in Presidential Policy Directive 41: Provided further, That such support may include the provision of assistance to private entities and State, local, territorial, and tribal governments in responding to or recovering from a significant cyber incident: Provided further, That amounts appropriated under this heading shall be available only upon a determination by the President that additional resources are needed for the purposes under this heading. Provided further, That amounts made available under this heading shall be in addition to any other amounts available for such purposes.
The Federal Trade Commission (FTC) also submitted its Congressional Justification in which acting FTC Chair Rebecca Kelly Slaughter stated “in FY 2022, the FTC is requesting $389,800,000 and 1,250 FTEs, which is an overall increase of $38,800,000 and 110 FTEs compared to the FTC’s FY 2021 enacted appropriation.” In other words, the FTC wants a 10% above its current funding.
In terms of the funding the FTC wants to for new employees, the FTC provided this breakdown:
- Increase of $18,521,000 for 110 additional Full Time Equivalents (FTE):
- Thirteen FTE in the Bureau of Consumer Protection (BCP) to support increasing needs in enforcement, privacy, and emerging technologies:
- Two FTE to address increasingly complex privacy and data security issues; (2) three FTE to ensure effective compliance monitoring and enforcement investigations; (3) two FTE to address emerging technology in the area of marketing practices; and (4) six FTE to enhance BCP’s ability to understand quickly evolving technological issues implicated by its casework and keep pace with litigation demands.
- Thirty-six FTE in the Bureau of Competition (BC) to support identifying and challenging anticompetitive mergers and conduct in complex and increasingly pervasive technology markets:
- Thirty FTE to support the BC litigation divisions with the high level of merger activity and litigation volume; (2) five FTE to increase BC’s paralegal workforce to assist in investigations, litigation, and policy projects; and (3) one FTE in the Premerger Notification Office to address increased HSR filing volume.
- Eight FTE in the Bureau of Economics (BE) to increase the amount of economic analysis that guides the Commission’s consumer protection and competition policies and enforcement.
- Ten FTE to support the heavy litigation workload in the regional offices for consumer protection and competition matters.
- One FTE in the Office of Policy Planning (OPP) to conduct thorough qualitative and quantitative analysis of antitrust issues on an ongoing basis.
- One FTE in the Office of General Counsel (OGC) to advise the Commission, Bureaus, and Offices on legal matters such as jurisdiction, statutory authority, administrative procedure, etc.
- Four FTE in the Administrative Law Judges’ Office (ALJ) to support the agency’s increased litigation via administrative complaint proceedings.
The FTC enumerated its “Planned Activities in FY 2021 and Beyond.” In the section titled “Protecting Consumers,” the agency offered the following:
- The FTC protects consumers from unfair and deceptive practices in the marketplace. The FTC conducts investigations, sues companies and people that violate the law, develops rules to protect consumers, and educates consumers and businesses about their rights and responsibilities. The agency also collects complaints about a host of consumer issues, including fraud, identity theft, financial matters, and DNC violations. The FTC makes these complaints available to law enforcement agencies worldwide.
- Protecting Consumers as Technology Evolves
- The FTC will continue to focus on identifying consumer protection issues associated with the use of new technology, including a careful consideration of the costs and benefits of practices and the importance of fostering innovation. The FTC also will take enforcement action against deceptive advertisements that appear in new formats and new media (e.g., apps, games, videos, and social networks). In addition, the agency will continue to evaluate consumer protection issues in the mobile marketplace through surveys and workshops. The FTC also will continue its efforts to root out entities responsible for illegal robocalls, enforce its DNC rules, and work with other stakeholders and industry to help develop technology- based solutions. The FTC will continue to conduct research on emerging technologies to assist with enforcement actions, educate consumers, and inform policy.
- Protecting Consumer Privacy and Data Security
- The FTC will continue to take a leading role in efforts to protect consumers from unfair or deceptive practices related to the privacy and security of their personal information, while preserving the many benefits that technological advances offer. The agency will stop unfair and deceptive consumer privacy and data security practices through law enforcement focused on matters that cause or are likely to cause substantial injury to consumers. It will promote strong and balanced privacy protections through policy initiatives on a range of topics.
- The FTC also will participate in interagency groups, promote self-regulatory efforts, provide technical assistance to Congress on draft legislation, and participate in international privacy initiatives.
- In addition, the FTC will continue to be the repository for identity theft complaints and to make them available to federal criminal law enforcement agencies. Our trained counselors will continue to advise identity theft victims about the rights and remedies available to them under federal law, and to educate all consumers about how to avoid becoming victims. The FTC will continue to make enhancements to IdentityTheft.gov, the federal government’s one-stop resource to help consumers report and recovery from identity theft.
The FTC continued with a section titled “Maintaining and Promoting Competition:”
- The FTC’s competition work is critical to protect and strengthen free and open markets. Robust competition promotes lower prices, higher quality products and services, and greater innovation, all of which benefit consumers and the economy. A vigorous, open,
and competitive marketplace provides the incentive and opportunity for new ideas and innovative products and services. The FTC will continue to use all of the tools at its disposal to promote competition and protect consumers from anticompetitive mergers and business practices.
- Identifying anticompetitive mergers remains a top priority of the agency’s competition mission. The premerger notification requirements of the HSR Act provide the FTC
with an effective starting point for identifying anticompetitive mergers before they are consummated, thereby preventing competitive harm. The FTC also devotes attention
to identifying unreported, often consummated, mergers that could harm consumers. Reviewing and challenging anticompetitive mergers will continue to require substantial agency resources. Nonetheless, the FTC will continue its vigorous antitrust enforcement to maintain competition in a broad array of economic sectors of great importance to American consumers, including healthcare, technology, manufacturing, and consumer goods and services.
- Continuing Emphasis on Technology and Intellectual Property
- The FTC continues to promote competition in complex and innovative high-tech markets through its ongoing enforcement, research, and advocacy efforts. Competition in technology sectors can be especially important to ensure that technological advances continue to drive innovation and growth in the economy, introducing more efficient products and processes into the marketplace, increasing quality, and decreasing prices. Antitrust matters increasingly intersect with intellectual property issues, raising difficult questions about how best to integrate these two bodies of law to further the common goal of promoting innovation.
- This focus on technology markets places increasing demands on the FTC’s antitrust enforcement mission in both the merger and nonmerger areas. The FTC remains vigilant about firms illegally using a dominant market position to thwart competition in order to raise prices, reduce the quality or choice of goods and services, or inhibit innovation; or about groups of competitors acting collectively to increase prices or stifle innovation. The Bureau of Competition continues to strengthen its Technology Enforcement Division dedicated to monitoring competition in U.S. technology markets, investigating any potential anticompetitive conduct in those markets, and taking enforcement actions when warranted.
As part of its FY 2022 budget materials, the FTC included its FY 2022 Performance Report, which consists of “the Annual Performance Report for fiscal year (FY) 2020 and Annual Performance Plan for FY 2021 and 2022.” The agency stated “he FTC’s strategic goals, objectives, and performance measures articulate what the agency intends to accomplish to meet its mandated mission (Goals 1 and 2), support and improve the management functions vital to core mission success (Goal 3), and demonstrate the highest standards of stewardship.
- Strategic Goal 1: Protect consumers from unfair and deceptive practices in the marketplace
- Objective 1.1: Identify and take actions to address deceptive or unfair practices that harm consumers.
- Objective 1.2: Provide consumers and businesses with knowledge and tools that provide guidance and prevent harm.
- Objective 1.3: Collaborate with domestic and international partners to enhance consumer protection.
- Strategic Goal 2: Maintain competition to promote a marketplace free from anticompetitive mergers, business practices, or public policy outcomes
- Objective 2.1: Identify and take actions to address anticompetitive mergers and practices.
- Objective 2.2: Engage in effective research, advocacy, and stakeholder outreach to promote competition and advance its understanding.
- Objective 2.3: Collaborate with domestic and international partners to preserve and promote competition.
- Strategic Goal 3: Advance the FTC’s performance through excellence in managing resources, human capital, and information technology
- Objective 3.1: Optimize resource management and infrastructure.
- Objective 3.2: Cultivate a high-performing, diverse, and engaged workforce.
- Objective 3.3: Optimize technology and information management that supports the FTC mission.
The Department of Commerce’s National Telecommunications and Information Administration (NTIA) is asking Congress for “$89.5 million and 189 positions,” a nearly 100% increase above the $45.5 billion Congress gave the agency for the current fiscal year. The agency explained:
The budget request supports NTIA’s critical role of advising the President on communications and information policy issues. NTIA’s programs and policymaking focus on expanding the availability of spectrum for all users, managing core Federal spectrum programs effectively and efficiently, and identifying innovative approaches to increase spectrum access and spectrum sharing opportunities. This Budget provides the resources to ensure that the Internet remains an engine for continued economic growth, promotes a 21st century Internet economy in rural communities, and expands broadband Internet access and adoption in America.
The Department of Commerce made available the top-line funding request for the National Institute of Standards and Technology (NIST) of $1.497 billion, a 45% increase above its current appropriation of $1.034 billion. However, NIST has not released its Congressional Justification as of yet.
The Federal Communications Commission (FCC or Commission) issued its full FY 2022 budget request. In its Budget-In-Brief, the agency stated “[f]or FY 2022, the Commission is requesting the budget and personnel amounts that are summarized in the bullets and a table below:
- The Commission requests $387,950,000 in budget authority from regulatory fee offsetting collections. This request represents a net increase of $13,950,000 or 3.7 percent from the FY 2021 appropriated level of $374,000,000.
- The Commission requests $128,621,000 in budget authority for the spectrum auctions program. This request represents a net decrease of $5,874,000 or -4.4 percent from the FY 2021 appropriated level of $134,495,000. To date, the Commission’s spectrum auctions program has generated over $210.5 billion for government use; at the same time, the total cost of the auctions program has been less than $2.2 billion or 1.1 percent of the total auctions’ revenue.
- In creating a lean, accountable, and efficient Commission that works for the American people, the Commission requests 1,550 Full Time Equivalents (FTEs) funded by budget authority from regulatory fee offsetting collections, spectrum auctions program, and other budget authorities provided by President and Congress. This FTE level is an increase of 78 from the FY 2021 enacted level of 1,472. With this FTE level, the Commission will meet its increased mission demands in FY 2022.
The FCC offered its “Strategic Goals for FY 2022:”
- Strategic Goal 1: Pursue a “100 Percent” Broadband Policy. The COVID-19 pandemic put a spotlight on the serious broadband gaps that exist across the country, including in rural infrastructure, affordability for low-income Americans, and at-home access for students. This continuing digital divide means millions of Americans do not have meaningful access to essential infrastructure for 21stcentury success. In response to the COVID-19 pandemic and the challenges that many Americans face, the agency should advance access to communications that are essential for Americans to work remotely, learn remotely, receive healthcare, and engage in commerce. To this end, the FCC will pursue policies to help bring affordable, reliable, high-speed broadband to 100 percent of the country.
- Strategic Goal 2: Promote Diversity, Equity, Inclusion and Accessibility. The FCC will seek to gain a deeper understanding of how the agency’s rules, policies, and programs may promote or inhibit advances in diversity, equity, inclusion, and accessibility. The FCC will pursue focused action and investments to eliminate historical, systemic, and structural barriers that perpetuate disadvantaged or underserved individuals and communities. In so doing, the FCC will work to ensure equitable and inclusive access and facilitate the ability of underserved individuals and communities to leverage and benefit from the wide range of opportunities made possible by digital technologies, media, communication services, and next-generation networks. In addition, the FCC recognizes that it is more effective when its workforce reflects the experience, judgement, and input of individuals from many different backgrounds. Advancing equity is core to the agency’s management and policymaking processes and will benefit all Americans.
- Strategic Goal 3: Empower Consumers. Consumers who are well informed about their rights and what they’re buying are more confident and more likely to participate in the digital economy. The FCC will tackle new challenges to consumer rights and opportunities stemming from the COVID-19 pandemic, plans for post-COVID recovery, and digital transitions. The FCC also will pursue effective enforcement and new approaches to protect consumers from unwanted and intrusive communications, phone-based scams, telephone privacy issues, and other trends that affect consumers. The FCC will work to enhance competition and pursue policies that protect the competitive process to improve consumer choice and access to information. The FCC will work to foster a regulatory landscape that fosters media competition, diversity, and localism. The FCC also must work to ensure the availability of quality, functionally equivalent communications services for persons with disabilities.
- Strategic Goal 4: Enhance Public Safety and National Security. There is no task at the FCC that is more important than keeping the American people safe. The FCC will pursue policies to promote the availability of secure, reliable, interoperable, redundant, and rapidly restorable critical communications infrastructure and services. The FCC also will promote the public’s access to reliable 911, emergency alerting, and first responder communications. The FCC will work to ensure the continued availability of timely emergency alerts. The FCC will work in coordination with Federal and state, local, Tribal, and territorial government partners and industry stakeholders to support disaster response and to ensure the nation’s defense and homeland security.
- Strategic Goal 5: Advance America’s Global Competitiveness. The FCC will take action to promote investment and advance the development and deployment of new communications technologies, such as 5G, that will allow the nation to remain a global leader in an increasingly competitive, international marketplace. The FCC will identify incentives and policies to close security gaps and accelerate trustworthy innovation. The FCC will work with its federal partners to advocate for US interests abroad.
- Strategic Goal 6: Foster Operational Excellence. The FCC should be a model for excellence in government by effectively managing its resources, maintaining a commitment to transparent and responsive processes that encourage public involvement and decision-making that best serves the public interest, and encouraging a culture of collaboration both internally and across government agencies.
The Department of Defense (DOD) summarized its cybersecurity and information security activities and funding request under the heading “Innovate and Modernize: Cyberspace Activities:”
- Key portfolios of DOD Cyberspace Activities:
- Cybersecurity– Securing the DOD Information Network
- Cyberspace Operations– Cyber Collection/Intelligence, Offensive/Defensive Cyber Operations, Cyber Mission Forces, and infrastructure supporting Cyber Operations
- R&D in support of Cyber– Research and Development in support of Cybersecurity and Cyberspace Operations
- $10.4 billion committed to cyberspace activities in FY 2022
- Increases capabilities in Identity, Credential and Access Management (ICAM), Comply-to-Connect (C2C), and Automated Continuous Endpoint Monitoring (ACEM) to accelerate a Zero Trust framework.
- Provides improved integrated cyber capabilities that support Combatant Commander military Cyber operations and contingencies.
- More effective risk mediation activities focused on critical infrastructure vulnerabilities and the Defense Industrial Base (DIB).
- Grows the Cyber Mission Force from 133 to 137 (+4) Teams.
- Continues development of the Joint Cyber Warfighting Architecture (JCWA) that will provide secure connect and integrated information/capabilities to the Cyber Mission Forces.
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