[House Report 114-130]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-130
====================================================================
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL,
2016
_______
May 27, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Culberson, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2578]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for Commerce, Justice, Science, and related
agencies for the fiscal year ending September 30, 2016, and for
other purposes.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Title I--Department of Commerce............................ 2
5
Title II--Department of Justice............................ 23
30
Title III--Science......................................... 57
55
Office of Science and Technology Policy............ 57
55
National Aeronautics and Space Administration...... 58
56
National Science Foundation........................ 66
65
Title IV--Related Agencies................................. 70
69
Commission on Civil Rights......................... 70
69
Equal Employment Opportunity Commission............ 70
69
International Trade Commission..................... 71
70
Legal Services Corporation......................... 72
70
Marine Mammal Commission........................... 73
70
Office of the United States Trade Representative... 73
71
State Justice Institute............................ 74
71
Title V--General Provisions................................ 74
71
House of Representatives Reporting Requirements............
75
Minority Views.............................................
116
Highlights of the Bill
The Commerce, Justice, Science, and Related Agencies
Subcommittee has jurisdiction over a diverse group of agencies
responsible for combating gangs and violent crime, drug
trafficking, financial fraud, terrorism, espionage, cybercrime;
enforcing trade laws; conducting periodic censuses; forecasting
the weather; managing fisheries; exploring space; and advancing
science. The activities of these agencies impact nearly every
American and are integral to the operations of our government.
The bill provides a total of $51,378,000,000 in
discretionary budget authority for fiscal year 2016 which is
$1,275,000,000 or 2.5 percent above the fiscal year 2015
discretionary enacted level. The bill is $660,653,000 below the
Administration's request.
DISCRETIONARY BUDGET AUTHORITY
($ in millions)
----------------------------------------------------------------------------------------------------------------
FY 2016
FY 2015 Enacted FY 2016 Request Recommendation
----------------------------------------------------------------------------------------------------------------
Discretionary.............................................. 50,103 52,039 51,378
----------------------------------------------------------------------------------------------------------------
Within the level of funds provided, the bill prioritizes
funding for Federal law enforcement, national security, and the
National Aeronautics and Space Administration (NASA) while
freezing, reducing, or eliminating funding for non-critical
activities.
For the Department of Justice, the bill provides an
increase of $856,957,000 from the current year. This includes
an increase of $111,199,000 for the Federal Bureau of
Investigation (FBI) to enhance its efforts to combat
cybercrime, terrorism, and espionage, and implement the
recommendations of the 9/11 Review Commission. The
recommendation includes an increase of $75,719,000 or 21.8
percent to the Executive Office for Immigration Review for 55
additional Immigration Judge teams to markedly reduce case
backlogs. The bill also supports the continued operations of
critical Federal law enforcement agencies including the United
States Marshals Service, the United States Attorneys, the Drug
Enforcement Administration, the Bureau of Alcohol, Tobacco,
Firearms and Explosives and the Bureau of Prisons. For State
and local law enforcement activities, the bill increases funds
for Violence Against Women Prevention and Prosecutions Programs
(+$49,000,000) and Byrne Justice Assistance Grants
(+$33,000,000). The bill also continues support for priority
programs such as Drug Courts, Adam Walsh Act, NICS background
checks, the DNA initiative, Reducing Sexual Assault Kit
Backlogs, the Second Chance Act, and the Missing and Exploited
Children program.
NASA is a strategic asset to the nation. The Committee
believes that additional investment is needed to maintain
American leadership in space exploration and science and for
NASA to successfully execute all of its activities and
missions. A bold space exploration program that engages the
nation will inspire new generations of scientists and
engineers, and contribute to the economic success and space
leadership of the country. The recommendation begins the
process of addressing this by funding NASA at $18,529,100,000,
an increase of $518,900,000 over fiscal year 2015 and equal to
the budget request. The bill advances space exploration and
ensures our nation remains the world's leader in space
exploration and technology, aeronautics research, and discovery
in space and science. The bill provides for the continued
development of the Orion crew vehicle, Space Launch System and
Exploration Ground Systems that will one day send astronauts
beyond low Earth orbit. The bill continues funding for critical
scientific missions and technology programs. The Committee
directs NASA to follow the direction of the decadal surveys in
prioritizing activities during fiscal year 2016 and in the
future.
For the National Science Foundation, the bill increases
above the historically high level of research and related
activities funding as provided in fiscal year 2015 by
$50,000,000.
Within the Department of Commerce, the Patent and Trademark
Office is funded at $3,272,000,000, which is the level of fee
collections estimated by the Congressional Budget Office.
Funding for the National Oceanic and Atmospheric Administration
prioritizes improving weather forecasting, fisheries
management, and the Joint Polar Satellite System (JPSS) and the
Geostationary Operational Environmental Satellite-R Series
(GOES R).
In order to fund the priority programs described above, the
bill recommends terminating 34 programs, resulting in savings
of more than $400,000,000 from the fiscal year 2015 level and
$500,000,000 from the President's request for these same
programs. In addition, the bill recommends freezing or reducing
9 agencies in the Department of Commerce, 12 appropriation
accounts in Department of Justice, and 6 related agency
appropriation accounts.
Oversight and Budget Review
In furtherance of the Committee's oversight
responsibilities and to protect hard earned taxpayer dollars,
the Committee has included the following language:
Withholds funds for information technology
related to the 2020 census until a comprehensive
investment plan is provided to the Committee and the
Government Accountability Office.
Caps total life-cycle costs for programs
that have a record of poor performance, including
weather satellites and the James Webb Space Telescope.
Prohibits funds for the National Technical
Information Service to charge customers for a copy of a
document generated by the Legislative Branch unless the
customer is informed of how to receive an electronic
copy free online.
Requires quarterly reporting on immigration
judge performance.
Maintains limitations on the Department of
Justice's use of non-appropriated funds including the
Working Capital Fund and the Assets Forfeiture Fund.
Requires quarterly reporting of unobligated
balances.
Requires agencies to provide Inspectors
General with timely access to information.
Requires agencies procuring sensitive
information technology systems to conduct supply chain
risk assessments in consultation with the Federal
Bureau of Investigation.
Requires contractors and grantees receiving
more than $5,000,000 to certify that they are not
delinquent on their Federal taxes.
Withholds funds from certain law enforcement
agencies until the Attorney General demonstrates to the
Committee that the recommendations of the Inspector
General regarding sexual harassment and inappropriate
conduct are being implemented.
Limits the number of agency staff that can
attend an overseas conference.
Requires agencies to track undisbursed grant
balances.
Requires agencies to submit spending plans
for the Committee's review.
Requires agencies to notify the Committee of
project cost overruns and mitigation plans.
Addresses Patent and Trademark Office
management failures by requiring extensive reporting on
reforms of their telework programs, information
technology system spending, and patent quality.
Reprogramming Procedures
Section 505 of the bill contains language concerning the
reprogramming of funds between programs, projects, and
activities. The Committee reminds the departments and agencies
funded in this bill that the reprogramming process is based on
comity between the Congress and the Executive Branch. This
process is intended to provide departments and agencies
sufficient flexibility to meet changing circumstances and
emergent requirements not known at the time of congressional
review of the budget while preserving congressional priorities
and intent. In the absence of comity and respect for the
prerogatives of the Appropriations Committees and the Congress
in general, the Committee may opt to include specific program
limitations and details in legislation and remove language
providing the flexibility to reallocate funds. Under these
circumstances, programs, projects, and activities become
absolutes and the Executive Branch shall lose the ability to
propose changes in the use of appropriated funds except through
legislative action.
The Committee expects that each department and agency
funded in this bill shall follow the directions set forth in
this bill and the accompanying report, and shall not reallocate
resources or reorganize activities except as provided herein.
Reprogramming procedures shall apply to funds provided in this
bill, unobligated balances from previous appropriations Acts
that are available for obligation or expenditure in fiscal year
2016, and non-appropriated resources such as fee collections
that are used to meet program requirements in fiscal year 2016.
As specified in section 505, the Committee expects that the
Appropriations Subcommittees on Commerce, Justice, Science, and
Related Agencies of the House and Senate will be notified by
letter a minimum of 15 days (or in the case of the Department
of Justice 45 days) prior to any reprogramming of funds that--
(1) creates or initiates a new program, project or
activity;
(2) eliminates a program, project or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices, programs or
activities;
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
(7) augments existing programs, projects or activities
in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10
percent; or
(8) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects or
activities as approved by Congress.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. The Committee
further expects any department or agency funded in this bill
that plans a reduction-in-force to notify the Committee by
letter at least 30 days in advance of the date of any such
planned personnel action.
Relationship With Budget and Comptroller Offices
Through the years the Appropriations Committee has
channeled most of its inquiries and requests for information
and assistance through the budget offices or comptroller
organizations of the various departments, agencies, and
commissions. Such relationships are necessary to accomplish the
work of the Committee. While the Committee reserves the right
to call upon all organizations in the departments, agencies and
commissions for information and assistance, the primary contact
between the Committee and these entities must be through the
budget offices and comptroller organizations, or through a
legislative affairs unit designated by the Committee to work on
appropriations and budget matters.
The workload generated in the budget process is large and
growing; therefore, a positive, responsive relationship between
the Committee and the budget and/or comptroller offices is
essential for the Committee to fulfill the Constitutional
appropriations responsibilities of Congress.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends $472,000,000 in total resources
for the programs of the International Trade Administration
(ITA), which is equal to fiscal year 2015 and $34,750,000 below
the request. This amount is offset by $10,000,000 in estimated
fee collections, resulting in a direct appropriation of
$462,000,000.
Support for firms.--The Committee encourages ITA to ensure
that it is providing adequate support and services for women-,
minority- and veteran-owned firms that are seeking assistance
in gaining access to foreign markets for their products and
services. The Committee recognizes that these firms possess
tremendous economic potential if they participate more actively
and effectively in export markets. As such, the Committee urges
ITA to reach out to and promote such firms to enable them to
contribute to our trade goals of creating jobs and increasing
exports.
Within the level of funds provided, no less than $9,000,000
shall be provided for the Interagency Trade Enforcement Center
(ITEC) to improve trade enforcement by the Federal government.
The Committee urges ITA and ITEC to facilitate the
identification and prioritization of efforts to address trade
barriers and practices in areas of strategic economic
importance to U.S. industry and workers. Commerce should
enhance its outreach to trade-impacted stakeholders to ensure
greater transparency in the enforcement of trade violations.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The Committee recommends $110,000,000 for the Bureau of
Industry and Security (BIS), which is $7,500,000 above fiscal
year 2015 and $5,086,000 below the request.
BIS is responsible for administering export controls and
investigating violations of export controls related to national
security, anti-terrorism, and foreign policy. This mission is
essential to American national security and competitiveness,
especially as license applications have increased by tens of
thousands in recent years. Additional resources are provided to
enhance BIS' capabilities to prevent the export of
inappropriate technologies to countries, such as Iran and
China, and to aggressively investigate potential export
violations.
Economic Development Administration
The Committee recommends $250,000,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA), which is equal to fiscal year 2015 and
$23,028,000 below the request.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee recommends $213,000,000 for Economic
Development Assistance Programs, which is equal to fiscal year
2015 and $14,500,000 below the request. Funds shall be
distributed as follows; any deviation shall be subject to the
procedures set forth in section 505 of this Act:
Public Works.......................................... $100,000,000
Partnership Planning.................................. 30,000,000
Technical Assistance.................................. 10,500,000
Research and Evaluation............................... 1,500,000
Trade Adjustment Assistance........................... 12,500,000
Economic Adjustment Assistance........................ 32,500,000
Regional Innovation Program/Section 27................ 11,000,000
Assistance to Coal Mining Communities................. 15,000,000
-----------------
Total............................................. $213,000,000
Assistance to coal mining communities.--The
Administration's newly created POWER+ Plan builds on the
Committee's prior efforts to assist communities throughout the
country that are suffering significant coal mining job losses.
The Committee believes this targeted, collaborative effort is
long overdue. The recommendation includes not less than
$15,000,000 to assist coal mining communities through the
POWER+ Plan or other EDA initiatives. The Committee appreciates
that EDA is leading the POWER+ Plan and is bringing local
leaders and stakeholders together, along with other Federal
agencies, to develop comprehensive strategies to promote
economic growth in coal mining communities. The Committee
expects this effort to continue. Within the funds provided, the
Committee directs EDA to assist communities that have yet to
develop an economic development strategy to begin the planning
process. For communities that have created economic development
strategies, EDA shall provide assistance to implement the
strategies, including the funding of authorized economic
development projects. The Committee also appreciates that EDA
is coordinating a consolidated grant application allowing
impacted communities to apply for funds from multiple Federal
agencies in one application. Within 90 days of enactment of
this Act, EDA shall report to the Committee on its efforts to
assist coal communities and the government-wide POWER+ Plan.
The report shall include a detailed description on how EDA and
other Federal agencies have assisted coal communities to date
and how the Federal government plans to assist them in the
future.
Innovative manufacturing loans.--The Committee remains
disappointed at the unacceptable length of time it has taken
the Department to implement the loan guarantee program for
innovative manufacturing authorized by section 26 of the
Stevenson-Wydler Technology Innovation Act (15 U.S.C. 3721).
This program has received funding in prior Appropriations Acts
as far back as fiscal year 2012. The Committee understands that
the Department now expects to enter into the first of this
program's loan guarantees by the second quarter of fiscal year
2016, and according to the Department's fiscal year 2016 budget
submission, at least $5,000,000 in prior-year funding for this
program is expected to be obligated during fiscal year 2016.
The Committee directs the Department to provide the Committee
with regular updates on the status of this program, including a
written report no later than 60 days after the enactment of
this Act.
Regional Innovation Program.--The recommendation provides
$11,000,000 for Regional Innovation Programs. The Committee
expects EDA to work cooperatively with universities and States
that have made a significant commitment to establishing
incubator programs. The Committee encourages EDA to support the
development of regional innovation clusters that focus on
advanced wood products.
SALARIES AND EXPENSES
The Committee recommends $37,000,000 for EDA salaries and
expenses, which is the same as fiscal year 2015 and $8,528,000
below the request.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The Committee recommends $32,000,000 for the Minority
Business Development Agency (MBDA), which is $2,000,000 above
fiscal year 2015 and $1,984,000 above the request.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The Committee recommends $100,000,000 for economic and
statistical analysis, which is the same as fiscal year 2015 and
$13,849,000 below the request.
Bureau of the Census
The Committee recommends a total of $1,113,000,000 for the
Bureau of the Census, which is $25,000,000 above fiscal year
2015 and $386,974,000 below the request.
Account restructuring.--The recommendation adopts the
Bureau's proposed restructuring of the Census Bureau
appropriations accounts. The restructuring would change the
Salaries and Expenses account to the Current Surveys and
Programs account. The restructuring would move funding for
certain surveys conducted on an annual basis from the Periodic
Censuses and Programs account to the Current Surveys and
Programs account. It would also establish a new Enterprise Data
Collections and Processing Systems line. The Committee notes
that the restructuring would consolidate the Data Processing
Systems line into the overall Census information technology
budget, which is funded from the Working Capital Fund via a
charge to each Census program. The Committee directs Census to
include in future budget requests a breakout of Data Processing
System funding charged to each program. The Committee expects
that this restructuring will result in efficiencies, greater
transparency, and cost savings.
CURRENT SURVEYS AND PROGRAMS
The Committee recommends $265,000,000 for the Current
Surveys and Programs account of the Bureau of the Census, which
is $3,642,000 below the comparable fiscal year 2015 level and
$12,873,000 below the request.
Survey of Income and Program Participation (SIPP).--Within
the amounts provided, Census shall continue the level of effort
for the SIPP at no less than the fiscal year 2015 level.
Foreign Trade Statistics.--The Committee notes the
importance of accurate and complete international trade
statistics, and directs the Census Bureau to include, as part
of its regular reporting on International Trade in Goods and
Services, statistics on countries with which the United States
has a trade agreement, to include data on U.S. exports and
imports in addition to the overall trade balance.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total of $848,000,000 for
Periodic Censuses and Programs, which is $28,642,000 above the
comparable fiscal year 2015 level and $374,101,000 below the
request. The recommendation provides for a transfer of
$1,551,000 to the Department of Commerce Office of Inspector
General (OIG) for oversight of the Census Bureau. The
recommendation provides $130,000,000 for Economic Statistics
Programs and $718,000,000 for Demographic Statistics Programs.
Within these funds, $600,000,000 is for decennial census
programs.
American Community Survey (ACS).--The Committee is very
concerned about the burdensome nature of the ACS and directs
Census to focus on its core, constitutionally mandated
decennial Census activities.
The Committee is aware that the Bureau has convened Federal
agencies to review questions included on the ACS to ensure that
all the questions are necessary and that the ACS is the
appropriate survey vehicle to gather the information. The
Committee is extremely disappointed that this initial review
only resulted in a proposal to remove one question. The
Committee directs the Census Bureau to submit, no later than 45
days after enactment of this Act, a plan for the expeditious
removal of additional questions, as appropriate, from the
survey.
In addition, the Bureau shall continue to provide quarterly
briefings to the Committee on efforts to ensure the necessity
of all the questions on the ACS; on efforts to ensure that non-
response follow-up is conducted in the least intrusive manner;
and on congressional outreach conducted by the Respondent
Advocate. Finally, the Committee urges the Census Bureau to
pursue the support of the Congress with respect to its plans to
use adaptive design methods in the ACS and the upcoming 2020
Decennial Census.
2020 Decennial Census.--Of the amount provided for the
decennial census programs, $400,000,000 is to support
completion of research and the beginning of design,
development, and testing for the 2020 Census. The Committee is
aware that the Census Bureau has modeled design changes that it
estimates could reduce the cost of the 2020 Census by more than
$5 billion compared to repeating the same design and methods
used for the 2010 Decennial. Significant design changes include
using a ``bring your own device'' model for enumerators;
changes in address canvassing; expanded Internet response
options; expanded use of administrative records; a reduced
field office footprint; and more directed non-response follow-
up protocols. The Committee urges the Bureau to work
aggressively to narrow its focus on various research activities
underway and to engage the Congress regarding the various
options noted above. The Committee notes that the increased use
of administrative records would be a major change in the way
the Census is conducted and directs the Bureau to ensure that
the Congress and the public are aware of the full scope of the
Bureau's planned uses of such records.
2020 Census lifecycle cost.--The Census Bureau must deliver
apportionment counts to the President within nine months of the
census date, traditionally December 31 of the year of each
decennial. To meet this deadline, the Bureau must have in place
a well-defined life-cycle decennial plan with consistent task
plans, schedules, and cost estimates that calculate the
program's critical path. As the Bureau assesses its
alternatives for conducting the next decennial census and
considers design, cost, and budget information, it should
establish a baseline plan and a life-cycle schedule with more
reliable information to guide Census management and
stakeholders. To help promote transparency in decennial
planning, management, and oversight, and to help contain risks
and costs while reducing the likelihood of late-decade budget
request increases, the Committee directs the Census Bureau to
develop a comprehensive schedule for the 2020 decennial that
incorporates budget estimates for key milestones and submit it
to the Committee and the OIG no later than 120 days after
enactment of this Act.
Census Enterprise Data Collection and Processing
(CEDCaP).--The recommendation includes an increase to support
Census Bureau efforts to establish an enterprise approach to
data collection and processing. The Committee supports the
Bureau's efforts to develop a more flexible and secure
enterprise architecture that will enable Census to realize
economies of scale to support data collection efforts. The
Bureau shall continue to provide quarterly briefings regarding
the status of these efforts. Information in these briefings
shall include, but not be limited to, the current systems costs
to maintain, the surveys supported, FTE associated with those
systems, and the anticipated date that various IT systems will
be retired and data merged onto the larger enterprise
architecture. Census shall provide these reports concurrently
to the OIG and Government Accountability Office (GAO).
The recommendation also includes new bill language
withholding 50 percent of the funds for information technology
related to 2020 census delivery, including the CEDCaP program,
until the Secretary submits to the Committees on Appropriations
and the GAO an expenditure plan for CEDCaP.
Small population groups.--The Committee is concerned about
the availability of data on small population groups. For many
ethnic and immigrant communities, gathering accurate
information about smaller subgroups is important for
policymakers, as the needs among the various populations vary
significantly. The Committee urges the Bureau to ensure that
reliable information about these subgroups, especially
numerically smaller groups, is collected and published, and
directs the Bureau to provide a report within 90 days of
enactment of this Act describing the steps it will take to
ensure the availability and accuracy of these data.
Puerto Rico.--The Committee urges the Census Bureau to
include all citizens of the United States, including those in
Puerto Rico and other offshore jurisdictions, in their
estimates of U.S. resident population and other national
statistics.
Language assistance.--While the Census Bureau has done some
work to ensure that Spanish speakers receive adequate
assistance in filling out certain Census questionnaires, the
Committee is concerned that the Census Bureau has not
adequately planned for assistance in other languages. The
Census Bureau should provide the Committee with updates on its
language assistance program, including information on how it
will reach and assist respondents who speak Asian languages,
Pacific Islander languages, American Indian and Alaska Native
languages, African languages, Spanish, and other languages.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The Committee recommends $35,200,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA), which is $3,000,000 below fiscal year
2015 and $14,032,000 below the request. With the conclusion of
the Broadband Technology Grant Program oversight activities,
funding for broadband program activity is reduced, as
requested.
Internet Corporation for Assigned Names and Numbers
(ICANN).--The Committee remains concerned by NTIA's
announcement of its intent to transition certain Internet
domain name functions to the global multistakeholder community.
Any such transition represents a significant public policy
change and should be preceded by an open and transparent
process. In order for this issue to be considered more fully by
the Congress, the Committee maintains section 536 prohibiting
funding for the transition.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends $3,272,000,000 for the United
States Patent and Trademark Office (PTO), the full amount of
fiscal year 2016 fee collections estimated by the Congressional
Budget Office. The spending authority provided is a reduction
of $186,000,000 compared to fiscal year 2015. The
recommendation continues language making available any excess
fee collections above the estimated level and the amounts
appropriated in this Act. PTO shall continue to provide monthly
reports on its actual and projected fee collections. In
addition to the current year fee collections available to the
PTO in fiscal year 2016, PTO estimates using balances from
their reserve fund and other sources to operate at a level of
$3,499,048,000.
Patent and Trademark Fee Reserve Fund.--The recommendation
includes bill language regarding excess fees deposited in the
Patent and Trademark Fee Reserve Fund. The Committee reminds
PTO that prior to obligating any of the funds in the Reserve
Fund during fiscal year 2016, PTO shall submit to the Committee
a reprogramming notification with a spending plan describing
the intended uses of funds. The Committee expects that any such
reprogramming will describe how the expenditure of these
reserve funds will improve patent quality, reduce the backlog
of pending applications and appeals, improve the information
technology infrastructure, or otherwise improve the efficiency
and effectiveness of PTO.
Patents End 2 End (PE2E).--PTO shall provide quarterly
briefings to the Committee on the status of this information
technology project, including the proposed retirement of legacy
IT systems, and cost savings associated with those retirements,
and any efficiencies achieved in patent processing as a result
of these information technology investments.
Addressing management failures.--During fiscal year 2014,
serious management concerns came to light including two
Inspector General reports: Review of Waste and Mismanagement at
the Patent Trial and Appeal Board (13-1077) and Review of
Conduct by a High-Ranking USPTO Official in the Hiring of a
Trademark Organization Employee (13-0726); and a PTO Internal
Administrative Inquiry Report in response to Inspector General
Referral No. 12-1196-H PTO regarding abuse of telework programs
at PTO. During fiscal year 2016, the PTO shall continue to
report quarterly to the Committee on the implementation of
reforms to ensure that employee time and attendance is
appropriately managed and that nepotism is not tolerated.
Patent quality.--Within 90 days of enactment of this Act,
PTO shall report to the Committee, on its implementation of the
recommendations included in the Inspector General report: USPTO
Needs to Strengthen Patent Quality Assurance Practices and
other steps being taken to improve the quality of patents.
National Institute of Standards and Technology
The Committee recommends $855,000,000 for NIST, which is
$8,900,000 below fiscal year 2015 and $264,661,000 below the
request.
Security.--The Committee is concerned about security-
related issues at NIST, in particular potential inappropriate
access of foreign nationals to NIST facilities and information
systems. The Committee directs NIST to coordinate with the
Federal Bureau of Investigation to improve and standardize
security training and enforcement across the agency and to
ensure that security, counterintelligence, and export control
functions are fully staffed.
NIST shall provide to the Committee quarterly: an
accounting of vacancy rates in security-related offices; a
summary of all known security incidents occurring that quarter
involving access violations by foreign nationals or the
unauthorized transfer of proprietary or sensitive information;
and a summary of any criminal or administrative sanctions
applied that quarter due to violations of security-related laws
or regulations.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $675,000,000 for NIST's scientific
and technical programs, which is $500,000 below fiscal year
2015 and $79,661,000 below the request. The amount for
Scientific and Technical Research and Services includes the
requested increases for the Materials Genome Initiative;
Disaster Resilient Buildings and Infrastructure; Strengthening
NIST Cryptographic and Privacy Capabilities; and Quantum-Based
Sensors and Measurements.
Laboratory programs.--The recommendation includes
$603,500,000 for NIST Laboratory programs. Within this amount,
up to $6,500,000 is provided for the National Strategy for
Trusted Identities in Cyberspace (NSTIC). The recommended
amount only supports ongoing programmatic efforts and does not
include the second year of funding for fiscal year 2015 grant
awardees or funds to award new grants in fiscal year 2016. NIST
shall provide a report to the Committee within 120 days of
enactment of this Act regarding the status of each of the
pilots funded, and milestones achieved, the near-term plans for
continuing this program, and proposed future efforts. NIST
shall use the remaining $10,000,000 proposed for NSTIC to
enhance research and standards activities in its core lab
programs as noted in the previous paragraph.
Standards Coordination and Special Programs.--The
recommendation includes $55,000,000 for standards coordination
and special programs. Within these amounts, up to $5,000,000 is
included to maintain NIST's current forensic research and
standards work. The recommendation does not include funds to
support or operate Forensic Science Advisory Committees. The
recommendation does not include the requested increase for
Manufacturing Entrepreneurship.
Lab-to-market.--The recommendation does not provide funding
for the lab-to-market program.
Cybersecurity.--The Committee is aware that the nation's
retail sector is vulnerable to and targeted by cyberattacks.
The Committee encourages NIST to build on its existing
industry-sector focused work to create a retail-specific
cybersecurity initiative and partner, as appropriate, with
academic entities and national leaders in retail cybersecurity
and retail supply chain management and logistics.
The Committee also encourages NIST, as it continues its
cybersecurity-related measurement science efforts, to ensure
sufficient attention is given to cybersecurity issues
associated with implantable medical devices.
Windstorm research and disaster resiliency.--As part of its
efforts to improve the resiliency of buildings, NIST's
Engineering Division is encouraged to partner with academic
research institutions that have expertise in the effects of
natural disasters to replicate high-force windstorm impacts on
buildings and test large, integrated models of such impacts.
Textile research.--The Committee recognizes the importance
of the U.S. textile industry and encourages NIST to pursue
advanced textile and apparel research and manufacturing
activities. The Committee directs that the Department of
Commerce, no later than 30 days after the enactment of this
Act, provide a report detailing the Department's efforts to
fund projects specifically related to advanced textile and
apparel research and manufacturing activities since fiscal year
2014.
Additive manufacturing.--The Committee is aware of recent
breakthroughs in metals-based additive manufacturing that have
the potential to dramatically increase the ability to mass
produce complex metallic parts. While important progress has
been made, the Committee understands major technical barriers
still exist to dramatically improving additive manufacturing.
To that end, the Committee encourages NIST to examine research,
development, and workforce training to overcome the barriers to
high volume additive manufacturing of metals.
Neuroscience.--New discoveries resulting from increased
Federal investment in neuroscience have the potential to lead
to advancement in many areas including communication,
education, medicine, and the economy. The Committee encourages
NIST to work with stakeholders to help expedite the
commercialization of these new discoveries.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $130,000,000 for Industrial
Technology Services, which is $8,100,000 below fiscal year 2015
and $176,000,000 below the request. The entire amount
recommended in this account is for the Manufacturing Extension
Partnership (MEP), which is the same as fiscal year 2015 and
$11,000,000 below the request.
Program efficiencies.--The Committee is aware of recent
efforts by MEP to examine ways to reduce administrative costs
and provide more direct assistance to the centers. Accordingly,
MEP shall provide to the Committee an updated report within 60
days of enactment of this Act detailing the amount of funds to
be maintained at headquarters and the uses of those funds. NIST
shall also provide the Committee with updates on the status of
recompetition of the centers.
Network for Manufacturing Innovation.--The recommendation
includes section 110, which provides authority for NIST to use
unobligated balances for the Network for Manufacturing
Innovation (NMI). The Committee expects that the funds provided
by section 110 will be used only for coordination of
interagency activities in support of the institutes and only
for activities authorized by the Revitalize American
Manufacturing Act (RAMI). The Committee notes that RAMI
provides the authority to seek the use of unobligated balances
in the Department of Energy's Energy Efficiency and Renewable
Energy account for manufacturing innovation institutes. The
Committee notes NIST can pursue use of these funds as
appropriate for establishment and operation of the institutes.
Advanced manufacturing.--The Committee expects the
Department to follow the direction of the RAMI, in which open
competition is to be used to select the technologies that the
industry-driven manufacturing and innovation institutes will
focus on. The Committee encourages the Department, in advancing
manufacturing innovation across the country, to examine the
possibility of establishing regional collaborative networks
with advanced manufacturing communities that make full use of
the Department's MEP program centers involved in advanced
manufacturing to ensure the participation of small- and medium-
sized manufacturers and encompasses the resources of the
national laboratories in technology transfer and working
directly with advanced manufacturing communities.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommends $50,000,000 for NIST construction,
which is $300,000 below fiscal year 2015 and $9,000,000 below
the request. NIST shall continue to provide updates on the
projects funded within this account, to include milestones and
total amount of funding necessary for completion.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $5,167,261,000 in
discretionary funds for the National Oceanic and Atmospheric
Administration (NOAA), which is $273,712,000 below fiscal year
2015 and $807,428,000 below the request. The recommendation
prioritizes funding for National Weather Service (NWS)
operations, weather research, and related satellite programs,
safe maritime navigation, and the National Marine Fisheries
Service.
Information technology security.--The Committee is
concerned by the security deficiencies in National
Environmental Satellite, Data and Information Service's
(NESDIS') information systems. NESDIS and NWS missions depend
on secure information systems to fulfill their critical
missions. In fiscal year 2014, the Department of Commerce
Office of the Inspector General (OIG) released a report
identifying significant weaknesses in both NESDIS and NWS
information security. The Committee expects NESDIS and NWS to
adopt the recommendations included in the OIG report and will
continue to monitor NESDIS' and NWS' progress in this area.
Partnering with the private sector.--The Committee
encourages NOAA to purchase services from the private sector
when such services are available, cost effective, and
practicable.
NOAA Environmental Security Computing Center.--The
Committee supports the NOAA Environmental Security Computing
Center and expects it to be adequately resourced within the
funds provided.
Extramural research.--The Committee believes that NOAA
benefits from collaboration with academia and the private
sector with respect to cooperative institutes and competitive
research as these relationships build broad community support,
leverage external funding for mission-oriented research,
strengthen the science within NOAA, and create new advances in
scientific knowledge.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$3,295,541,000 under this account for the coastal, fisheries,
marine, weather, satellite, and other programs of NOAA. This
total funding level includes $3,147,877,000 in direct
appropriations, a transfer of $130,164,000 from balances in the
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'' account and $17,500,000 derived from
recoveries of prior year obligations. The direct appropriation
of $3,147,877,000 is $54,521,000 below fiscal year 2015 and
$265,483,000 below the request.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--The recommendation provides
$466,500,000 for National Ocean Service operations, research,
and facilities.
Navigation, Observations, and Positioning.--The
recommendation provides $191,500,000 for Navigation,
Observations, and Positioning. Within this amount, the
Committee expects NOAA to prioritize its mission-critical
responsibilities including mapping and charting, geodesy,
tides, and current data activities.
Integrated Ocean Observing System (IOOS).--The
recommendation includes $29,500,000 for IOOS regional
observations, which is equal both to the current year funding
and the request.
Marine Debris Program.--The Committee supports the Marine
Debris Program's work to address marine debris affecting the
ocean, coastal environment, and navigation safety. The
Committee encourages the program to continue its efforts on
plastic marine debris, which NOAA has identified as one of the
main types of marine debris and as having the potential to harm
fish and other wildlife.
Bathymetry.--The Committee encourages NOAA to continue
reviewing innovative bathymetric technology as a potential
contributor to NOAA's overall hydrographic surveying mission.
National Marine Sanctuaries.--When considering nominations
for potential National Marine Sanctuaries, the Committee
encourages NOAA to continue to enforce its requirement that
applicants demonstrate broad community support, including the
support of State or tribal agencies when a proposed sanctuary
includes State or tribal lands and organizations or industries
that depend on the resources in a nominated area. NOAA should
also consider the effects of additional Federal requirements
for commercial vessels in National Marine Sanctuaries when
designating any new Sanctuaries whose primary focus is maritime
heritage. The Committee encourages NOAA to work with the
Environmental Protection Agency and the U.S. Coast Guard to
address ongoing regulatory issues involving National Marine
Sanctuaries.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning
Navigation, Observations and Positioning............ $137,000
Integrated Ocean Observing System Regional 29,500
Observations.......................................
Hydrographic Survey Priorities/Contracts............ 25,000
-----------------
Navigation, Observations and Positioning.............. 191,500
=================
Coastal Science and Assessment
Coastal Science, Assessment, Response and 70,000
Restoration........................................
Competitive External Research....................... 9,000
-----------------
Coastal Science and Assessment........................ 79,000
=================
Ocean and Coastal Management and Services
Coastal Zone Management and Services................ 40,000
Coastal Zone Management Grants...................... 65,000
Coral Reef Program.................................. 26,000
Sanctuaries and Marine Protected Areas.............. 45,000
National Estuarine Research Reserve System.......... 20,000
-----------------
Ocean and Coastal Management and Services............. 196,000
=================
Total, National Ocean Service, Operations, Research, $466,500
and Facilities.......................................
------------------------------------------------------------------------
National Marine Fisheries Service.--The Committee
recommends $828,743,000 for National Marine Fisheries Service
operations, research, and facilities. The recommendation adopts
the revised budget structure proposed in the budget request.
Protected Resources Science and Management.--The Committee
recommends $180,200,000 for Protected Resources Science and
Management programs. Within available resources, the Committee
encourages NOAA to maintain funding for marine mammal stranding
grants.
Hatchery and Genetic Management Plans.--Within the funds
provided for Endangered Species Act (ESA) Salmon, $4,000,000 is
included for the review of Hatchery and Genetic Management
Plans. The Committee is concerned by the existing and growing
backlog of these plans and encourages NOAA to expedite these
reviews, which help ensure compliance with the ESA. NOAA shall
submit a comprehensive plan to address this backlog no later
than 120 days after enactment of this Act.
Electronic monitoring.--Within Fisheries Science and
Management, the recommendation includes funds for development
and implementation of electronic monitoring and reporting
technologies. Electronic technologies, such as e-logbooks and
video monitoring systems, can significantly improve total catch
measurement and reduce uncertainty in the data needed for stock
assessments.
Stock assessments.--The Committee recognizes that NOAA
fisheries stock assessments are the cornerstone of fishery
conservation and management measurements, but the current stock
assessment data inputs must be improved. The Committee
continues to provide significant funding to NOAA for fishery
surveys and other activities in support of stock assessments
yet problems persist with the frequency of surveys, adequacy of
the data, and the use of independent research in developing
stock assessments. NOAA shall continue to provide quarterly
briefings to the Committee on its stock assessment program, to
include but not be limited to, its process for determining its
yearly data collection efforts, specific costs for each survey,
and protocols for ingesting fishery independent data.
Fish Information Networks.--The Committee supports the Fish
Information Networks, the State-Federal cooperative programs
that coordinate data collection, data management, and
informational management essential for accurate monitoring of
commercial and recreational fishing impacts. Fish Information
Networks shall be adequately funded within the level of funding
provided for Fisheries Data, Collections, Surveys and
Assessments.
Gulf of Mexico stock assessments.--Within the amount
provided for Fisheries Data Collections, Surveys and
Assessments, an increase of $10,000,000 is provided for stock
assessments and research needs for Gulf of Mexico fish stocks.
The funds shall be competitively awarded to develop and apply
innovative approaches to improve stock assessments and
incorporate data from academia and fishermen. NMFS is directed
to improve its communications with stakeholders on the stock
assessment process and outcome. The Committee remains concerned
about the negative impacts of the short recreational fishing
season for red snapper in the Gulf of Mexico on the local
economies the fishery supports and encourages NMFS to use a
portion of the increase provided for a reward tagging pilot
program.
Cooperative research.--The recommendation includes
$12,000,000 within Fisheries Data Collections, Surveys and
Assessments for cooperative research which shall be used to
support external, independent data collection and other
research. The Committee expects that all funding provided shall
be used for cooperative fisheries research and not for NOAA
activities or administrative overhead costs. NOAA shall submit
a report no later than 90 days after enactment of this Act
listing all cooperative research grants funded in fiscal year
2015, to include the amount, the fishery, the type of
information collected, and the expected uses for that data. The
Committee is concerned that cooperative research is not
ingested into fishery stock assessments in a timely manner. The
report shall address NOAA procedures and timeframes for making
use of this independent fisheries research.
Horseshoe crabs.--The Committee is concerned that horseshoe
crab surveys along the Atlantic Coast have not been adequately
conducted in recent years. Horseshoe crabs are critical to the
ecology and economy of the Mid-Atlantic coastal region as a
significant commercial bait fishery; a vital food source for
migratory shore birds; and as an input for biomedical
industries. NOAA shall consider completing a survey of the
Horseshoe crab population and report back to the Committee on
what would be required to complete such a survey, including a
budget and comprehensive plan, no later than 180 days after
enactment of this Act.
Atlantic Striped Bass Fishery.--The Committee supports the
continued development of area specific reference points and
area specific management for the Atlantic Striped Bass Fishery.
Fishery Cooperatives.--The Committee understands that the
North Pacific Fishery Management Council may consider the
possibility of authorizing fishery cooperatives between
harvesters and their historic processors modeled after the Gulf
of Alaska Rockfish Pilot Program. NMFS is directed to report on
the status of this possible initiative to the Committee by
November 1, 2015 including a list of any possible barriers.
Tribal support.--The Committee encourages NOAA to support
mitigation and relocation efforts of coastal tribal communities
that are seeking to mitigate the threat of severe weather
storms and promote public safety.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management
Marine Mammals, Sea Turtles and Other Species....... $113,200
ESA Salmon.......................................... 67,000
-----------------
Protected Resources Science and Management............ 180,200
=================
Fisheries Science and Management
Fisheries and Ecosystem Science Programs and 132,189
Services...........................................
Fisheries Data Collections, Surveys and Assessments. 168,000
Observers and Training.............................. 43,000
Fisheries Management Programs and Services.......... 119,000
Salmon Management Activities........................ 35,500
Regional Councils and Fisheries Commissions......... 32,000
-----------------
Fisheries Science and Management...................... 529,689
=================
Enforcement........................................... 65,000
=================
Habitat Conservation and Restoration.................. 53,854
=================
Total, National Marine Fisheries Service, Operations, $828,743
Research, and Facilities.............................
------------------------------------------------------------------------
Oceanic and Atmospheric Research.--The Committee
recommendation includes $409,704,000 for Oceanic and
Atmospheric Research (OAR) operations, research, and
facilities. Given continued resource constraints, it is
incumbent on NOAA to ensure that its research programs support
the operational mission of each NOAA line office and that
research efforts are an integral component in meeting line
office program goals and milestones.
Regional Climate Data and Information.--Within amounts
provided for Regional Climate Data and Information, the
recommendation includes $13,500,000 for the National Integrated
Drought Information System (NIDIS) to support competitive
research grants, maintain existing NIDIS activities, and
develop and expand the Regional Drought Early Warning
Information System.
Independent analysis.--NOAA is encouraged to increase
funding for academia to perform independent climate model
evaluation studies and to enable the production of atmospheric
data sets from satellite observations for such studies.
Satellite observations of the atmosphere provide information
that is critical in the interpretation of Earth-based
observations and in the evaluation and improvement of climate
model simulations.
Weather and Air Chemistry Research.--The Committee includes
$99,458,000 for Weather and Air Chemistry Research, an increase
of $8,658,000 above fiscal year 2015, and encourages NOAA to
continue research efforts that lead to near-term, affordable,
and attainable advances in observational, computing, and
modeling capabilities to deliver substantial improvements in
weather forecasting for the protection of life and property.
NOAA shall substantially accelerate the transition of its
research to operations in ways easily adopted by the
operational forecasting community.
Joint Technology Transfer Initiative.--The recommendation
includes $4,000,000 for a Joint Technology Transfer Initiative
as described in Section 3(b)(4) of the introduced H.R. 1561,
Weather Forecasting Innovation Act of 2015. These activities
should be coordinated with the activities of OAR's U.S. Weather
Research Program and the National Weather Service's Science and
Technology Integration Program.
Multi-Function Phased Array Radar (MPAR) Program.--The
Committee recognizes the importance of the MPAR Program in the
development and implementation of the next generation weather
and aircraft radars and fully funds the budget request for this
program. The Committee encourages the Federal Aviation
Administration (FAA) and NOAA to continue to collaborate on
developing cost-sharing plans for technical risk reduction,
non-recurring engineering, prototype development, deployment,
and ongoing maintenance and operations costs. The Committee
also encourages NOAA to continue collaborating with FAA and
other stakeholders, as appropriate, in MPAR research and
development efforts and subsequent formulation of key
requirements for development and eventual acquisition strategy.
The Committee encourages NOAA to facilitate a full evaluation
of a dual-polarization MPAR system and submit a report to the
Committee within 180 days of enactment of this Act. The
Committee encourages NOAA and FAA to work with the Office of
Management and Budget (OMB) and the Office of Science and
Technology Policy (OSTP) to develop a long term multi-year
funding strategy to ensure the MPAR program is adequately
resourced in future years.
Severe weather studies.--The Committee rejects the proposed
elimination of the Vortex III program and restores funding for
this critical research. Vortex III is a partnership between
NOAA and its Federal government and academic research partners
to conduct severe weather studies in the Southeastern United
States. NOAA is encouraged to continue its cooperation with
other government agencies, the private sector and academic
partners as appropriate. This research could in part establish
why tornadic activity in the southeast region results in more
deaths per capita than any other region of the country. This
research could also advance observational, computing, and
modeling capabilities and quantitative assessment tools for
measuring the value of data and specific observing systems.
Additionally, the funding should accelerate research and
development of critical technologies to deliver substantial
data improvements in weather forecasting and prediction of
high-impact weather events such as those associated with
hurricanes and tornadoes.
Ocean Exploration and Research.--The Committee recommends
$32,000,000 for ocean exploration and research activities.
NOAA's ocean exploration program should continue to conduct
fundamental exploration and surveys of the world's oceans with
a primary focus on America's Exclusive Economic Zones of the
Continental United States, Alaska, Puerto Rico, Hawaii, the
U.S. Virgin Islands and the Pacific Territories. The Committee
encourages NOAA to continue ocean exploration in which open
source data are collected in real-time through tele-presence
technology. The Committee encourages NOAA to emphasize areas
for exploration that may be of interest to NOAA laboratories,
including deep water regions of marine protected areas. The
Committee encourages NOAA to partner with non-government
organizations, academic institutions, and other government
agencies including the National Science Foundation, in these
activities and, to the extent appropriate, share costs with
these partners. NOAA shall provide the Committee a
comprehensive plan for coordination with other government
agencies, including an analysis of potential cost-sharing
opportunities, not later than 180 days after enactment of this
Act.
Supporting the mapping and cataloguing of mineral wealth
including rare earth elements.--The Committee directs NOAA to
continue and, as appropriate, expand its important work of
mapping the Extended Continental Shelf (ECS), which provides
significant assistance in the assessment, identification,
analysis and cataloguing of mineral wealth, including rare
earth elements, done by the United States Geological Survey and
the Bureau of Ocean Energy Management.
High-performance computing initiatives.--The recommendation
includes $12,000,000 within the ORF account to accelerate the
adoption of advanced computing, communications, and information
technology throughout NOAA. In addition, the recommendation
includes $22,379,000 within the Procurement, Acquisition and
Construction (PAC) account for high performance computing
research initiatives. The Committee continues to support
investments in NOAA's supercomputing capacity programs. NOAA
shall submit a report no later than 120 days after enactment of
this Act regarding the fiscal year 2015 activities and
milestones achieved with funding provided to NOAA for these
efforts, and the planned fiscal year 2016 investments and
associated milestones.
Ocean, Coastal and Great Lakes Research, Laboratories and
Cooperative Institutes.--The Committee supports collaboration
between NOAA and external academic institutions that conduct
scientific research for the conservation of coral reefs and
coral reef ecosystems within U.S. waters. The Committee
recognizes that the science sponsored through such
collaboration is imperative for management of these coral reefs
for ecosystem resilience and for the effective implementation
of the National Coral Reef Action Strategy, especially with
regard to the identification of local action strategies
addressing key threats in each of the jurisdictions that have
coral reefs within their boundaries. The Committee encourages
NOAA to strengthen its partnerships with institutes focused on
management-driven coral reef research.
Integrated Ocean Acidification Research.--The Committee
encourages NOAA, in coordination with the Office of Science and
Technology Policy, to consider implementing a program to
competitively award prizes under the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719) to advance
the understanding, research, or monitoring of ocean
acidification or its impacts; or to develop management or
adaptation options for responding to ocean acidification. The
Committee encourages NOAA to prioritize in prize competitions
communities, environments, or industries that are in distress
due to the impacts of ocean acidification.
Adaptation and mitigation for ocean acidification.--The
Committee encourages NOAA to continue to develop ocean
monitoring and modeling capabilities, and vulnerability
assessments, necessary to support research on innovative
methods to mitigate and adapt to ocean acidification, such as
biological uptake and iron fertilization. As the Government
Accountability Office noted in its 2014 report on ocean
acidification, the Federal Government has yet to develop
adaptation and mitigation strategies as required by the Federal
Ocean Acidification Research and Monitoring Act of 2009 and the
Committee encourages NOAA to actively pursue the research
necessary to develop these strategies.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............. $50,000
Regional Climate Data and Information............... 38,000
Climate Competitive Research, Sustained Observations 40,000
and Regional Information...........................
-----------------
Climate Research...................................... 128,000
=================
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............. 75,000
U.S. Weather Research Program....................... 7,300
Tornado Severe Storm Research/Phased Array Radar.... 13,158
Joint Technology Transfer Initiative................ 4,000
-----------------
Weather and Air Chemistry Research.................... 99,458
=================
Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes............. 25,000
National Sea Grant College Program.................. 62,800
Marine Aquaculture Program.......................... 2,000
Ocean Exploration and Research...................... 32,000
Integrated Ocean Acidification...................... 8,446
Sustained Ocean Observations and Monitoring......... 40,000
-----------------
Ocean, Coastal and Great Lakes Research............... 170,246
=================
High Performance Computing Initiatives................ 12,000
=================
Total, Office of Oceanic and Atmospheric Research, $409,704
Operations, Research, and Facilities.................
------------------------------------------------------------------------
National Weather Service.--The Committee recommends
$967,563,000 for National Weather Service (NWS) operations,
research, and facilities, which is $4,000,000 above the
request, to maintain critical capabilities to provide weather
forecasts and warnings.
Analyze, Forecast, and Support.--The recommendation
includes $488,845,000 for analyze, forecast, and support
activities. The Analyze, Forecast, and Support program funds
the operation of the Weather Forecast Offices (WFOs), River
Forecast Centers (RFCs), the seven National Centers and the
Tsunami Warning Centers. The recommended level will support
24x7 weather surveillance, forecast and warning services, and
operation of the service centers.
Observations.--The recommendation includes $204,876,000 for
observation activities. This funding supports surface, ocean
and upper air observations, Next Generation Weather Radar
(NEXRAD), the Automated Surface Observing System, ocean buoys
and aircraft observations. This level of funding will support
requested increases for radiosondes and space weather
observations.
Science and Technology Integration.--The recommendation
includes $134,197,000 for Science and Technology Integration
activities. This program funds NWS internal research and
development activities in cooperation with other NOAA line
offices, partner agencies, and external weather data customers.
This level supports the proposed increase for mid-range weather
outlooks, enhanced water prediction capability, and the
transition of the space weather numerical model from research
to operations.
Central Processing.--The recommendation provides
$92,902,000 for Central Processing including funds for the
Advanced Weather Interactive Processing System, the Advanced
Hydrologic Prediction System, modeling and supercomputing
programs. The recommendation does not adopt the proposed
reduction in information technology officers.
Dissemination.--The recommendation includes $46,743,000 for
Dissemination activities. This activity funds the
communications technology that NWS uses to collect, tailor and
distribute its data and products. Systems in this program
include the telecommunications gateway, NOAA weather radio, and
the satellite data ground readiness program.
Storm surge modeling.--The Committee encourages NOAA to
solicit input from the academic research community to examine
alternative real-time storm surge predictive capabilities that
account for regional variances and may complement NOAA's Sea,
Lake, and Overland Surge from Hurricanes (SLOSH) model.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations.......................................... $204,876
Central Processing.................................... 92,902
Analyze, Forecast and Support......................... 488,845
Dissemination......................................... 46,743
Science and Technology Integration.................... 134,197
=================
Total, National Weather Service, Operations, Research, $967,563
and Facilities.......................................
------------------------------------------------------------------------
National Environmental Satellite, Data and Information
Service (NESDIS).--The Committee recommends $184,700,000 for
NESDIS operations, research, and facilities.
Office of Satellite and Product Operations.--The
recommendation includes $99,000,000 for the Office of Satellite
and Product Operations. This activity funds the command and
control of NOAA operational environmental satellites.
National Environmental Information Office.--The
recommendation includes $58,000,000 for the National
Environmental Information Office. This program is the official
data management entity for oceanographic, geophysical, and
climatological information within the United States. The six
Regional Climate Centers shall be funded at no less than their
current operating level.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems
Satellite and Product Operations.................... $90,000
NSOF operations..................................... 9,000
-----------------
Office of Satellite and Product Operations............ 99,000
=================
Product Development, Readiness and Application........ 26,000
=================
Commercial Remote Sensing Regulatory Affairs.......... 1,000
Office of Space Commercialization..................... 600
Group on Earth Observations........................... 100
-----------------
Total, Environmental Satellite Observing Systems...... 126,700
=================
National Environmental Information Office............. 58,000
=================
Total, National Environmental Satellite, Data and $184,700
Information Service, Operations, Research, and
Facilities...........................................
------------------------------------------------------------------------
Program Support.--The recommendation includes $438,331,000
for Program Support operations, research, and facilities.
Management and administrative costs.--The recommendation
includes bill language capping NOAA corporate services
administrative support costs at $208,100,000. In addition to
this funding, the Committee notes that each line office also
includes its own ``Headquarters Program Support'' costs. NOAA
shall continue efforts to standardize the treatment of
management and administrative costs in each line office in a
manner that maximizes transparency and accountability, and
reduce or eliminate unnecessary travel, printing, supply
purchases, conference attendance, and other non-mission
critical costs.
NOAA education program.--The Committee includes
$23,631,000, $7,200,000 above the amount requested, for NOAA's
education program. Of this amount, $15,000,000 is provided to
continue the Educational Partnership Program with Minority
Serving Institutions. Within these funds, NOAA is encouraged to
create an additional Cooperative Science Center at an Hispanic
Serving Institution. Of the total amount included, $7,200,000
is provided to continue the B-WET regional programs.
STEM consolidation.--The recommendation does not adopt
NOAA's proposed STEM education consolidation proposals for the
Dr. Nancy Foster Scholarship Program; the Teacher at Sea
Program; the National Sea Grant College Program; or within
Ocean Exploration and Research.
Office of Marine and Aviation Operations.--The
recommendation includes $206,600,000.
Research vessels.--The recommendation does not include the
funds requested to begin construction of a new oceanographic
research vessel. The Committee understands that two research
vessels, the Knorr and the Melville, which are owned by the
Navy and operated by two private research institutions, are in
the process of being retired and prepared for sale to the
foreign market. NOAA, with input from NSF and OSTP, shall
submit an analysis to the Committee within 60 days of enactment
of this Act regarding the capability of either of these two
vessels to fulfill NOAA's ocean-going requirements.
PROGRAM SUPPORT
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Program Support
Corporate Services
Under Secretary and Associate Offices............. $27,000
NOAA-Wide Corporate Services and Agency Management 100,800
DOC Accounting System............................. 10,000
Payment to the DOC Working Capital Fund........... 39,000
IT Security....................................... 8,300
NOAA Facilities Management, Maintenance, 23,000
Construction and Safety..........................
-----------------
Corporate Services and Facilities................... 208,100
=================
NOAA Education Program
Education Partnership Program/Minority Serving 15,000
Institutions.....................................
NOAA Education Program Base....................... 1,431
B-WET-regional programs........................... 7,200
-----------------
NOAA Education Program.............................. 23,631
=================
Total, Program Support................................ 231,731
=================
Office of Marine and Aviation Operations
Marine Operations and Maintenance................... 175,000
Aviation Operations and Aircraft Services........... 31,600
-----------------
Office of Marine and Aviation Operations.............. 206,600
=================
Total, Program Support and OMAO, Operations, Research, $438,331
and Facilities.......................................
------------------------------------------------------------------------
Procurement, Acquisition AND Construction
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$1,973,034,000 in direct obligations under this heading, of
which $1,960,034,000 is appropriated from the general fund and
$13,000,000 is derived from recoveries of prior year
obligations. The direct appropriation is $219,191,000 below
fiscal year 2015 and $538,645,000 below the request.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Weather Service (NWS).--The recommendation
includes $135,315,000 for NWS systems acquisitions and
construction, the full amount requested.
Next Generation Weather Radar (NEXRAD).--Within amounts for
Observations, the recommendation includes a requested increase
to extend the useful life of the NEXRAD weather radar
infrastructure through 2030. The Committee notes that 85
percent of all tornado warnings are based on radar detections.
NWS Telecommunications Gateway.--Within amounts for
Dissemination, the recommendation includes $9,700,000, as
requested, to continue improvements to NWS's infrastructure
that collects and disseminates weather products. This multi-
year effort began in fiscal year 2013 and is expected to be
complete by fiscal year 2017.
NWS Facilities.--The recommendation includes a $4,710,000,
as requested, to support tenant improvements and support costs
associated with Weather Forecast Office (WFO) and River
Forecast Center (RFC) relocations. NOAA shall provide a report
no later than 180 days after enactment of this Act describing
the status of each WFO and RFC, to include the status of
forecasting equipment and facility conditions.
National Environmental Satellite, Data and Information
Service.--The recommendation includes $1,802,640,000 for NESDIS
acquisition and construction. The Committee recommendation
focuses limited resources on the Joint Polar Satellite System
(JPSS) and Geostationary Operational Environmental Satellite
(GOES) programs in light of their role in ensuring accurate and
timely weather forecasts and warnings. The Committee continues
to be concerned with the challenges that plague these programs
which have been identified by the GAO, OIG, and the NESDIS
Independent Review Team (IRT). The Committee expects the
Department of Commerce to ensure that these critical programs
are proceeding within the cost estimates and meeting program
milestones. The Committee expects to be notified promptly if
any issues arise that could jeopardize the current launch
schedules. The Department of Commerce and NOAA shall remain
engaged in the overall management of JPSS and GOES-R programs
and efforts to develop solutions to mitigate any gaps in either
JPSS or GOES-R programs and to address the fragility of the
JPSS program. NOAA shall continue to provide quarterly
briefings to the Committee regarding all NOAA satellite
programs. These briefings shall include the status of
obligations for each program, including spacecraft, launch,
sensor, integration, and ground components. NOAA shall also
include in these briefings updates on all of its operational
satellite systems.
Oversight.--The Committee reiterates its desire to ensure
that OIG and GAO staff are permitted at NOAA's monthly
satellites meetings. To further aid the Committee in its
oversight function, NOAA shall include biannual updates to the
Committee regarding the status of implementing OIG, GAO, and
IRT recommendations for NOAA's satellite programs.
Joint Polar Satellite System (JPSS).--The recommendation
includes $808,966,000 for JPSS, the full requested amount. This
level of funding will support the continuing development of
instruments, ground systems and spacecraft associated with the
planned launch of JPSS-1 no later than the second quarter of
fiscal year 2017. The Committee is concerned by the continuous
delays in producing a critical sensor for JPSS-1, the Advanced
Technology Microwave Sounder, and expects to be kept informed
of this issue.
JPSS gap mitigation.--The Committee remains concerned about
the potential polar satellite data gap and expects NOAA to
continue to prepare for the potential data gap. The Committee
expects NOAA to investigate ways to prioritize mitigation
projects with the greatest potential benefit to weather
forecasting and to ensure that all relevant entities follow the
reporting requirements identified in NOAA's Contingency Plan.
NOAA shall keep the Committee informed regarding development,
integration, and testing of JPSS 1 and preparation for a
potential data gap.
Constellation Observing System for Meteorology, Ionosphere,
and Climate (COSMIC) 2.--The recommendation includes
$20,000,000, as requested, to support ground processing
activities and procurement of the next set of six COSMIC-2
Radio Occultation sensors, now planned for launch in fiscal
year 2019. The current COSMIC constellation reached the end of
its expected design life in 2011; only four of those six
satellites are in operation. Data from the COSMIC program is
used in numerical weather forecasting and serves as a
calibration tool for other NOAA weather observations. The
Committee still has not seen a comprehensive plan for the next
segment of the COSMIC-2 Mission, the launch of six additional
COSMIC satellites, despite having required this plan last year
in report language. NOAA shall submit this plan no later than
30 days after enactment of this Act, to include expected
outyear costs by agency and outside partners, with appropriate
milestones and deliverables. This plan also shall explain why
the launch of the next segment of COSMIC-2 sensors has been
delayed to fiscal year 2019. NOAA also shall include in this
report an analysis for acquiring radio occultation weather data
from private sector providers. NOAA shall include within this
plan the results of its observing system simulation experiment
or other data denial studies conducted to determine the value
of data from both global positioning system radio occultation
and a geostationary hyperspectral sounder global constellation.
The Committee underscores the value of COSMIC data as a
potential gap filler for the fragile JPSS program and therefore
directs NOAA to provide the analysis requested above within the
prescribed timeframe.
Geostationary Operational Environmental Satellite-R (GOES-
R).--The recommendation includes $871,791,000 for the GOES-R
program, the full amount requested. This amount supports a
planned launch date in the second quarter of fiscal year 2016.
NOAA shall continue to provide updates to the Committee
regarding the status of this program to include the on-orbit
GOES satellites.
Satellite ground services.--The recommendation supports the
full request for Systems Acquisition and includes $2,717,000 to
continue development of an enterprise ground system. NOAA shall
provide a report to the Committee no later than 60 days after
enactment of this Act regarding research and investments
undertaken during fiscal year 2014 and 2015 and plans for 2016
on a common ground system and integrated architecture.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Oceanic and Atmospheric Research
Systems Acquisition
Research Supercomputing/CCRI...................... $22,379
=================
National Weather Service
Systems Acquisition
Observations...................................... 16,720
Central Processing................................ 64,261
Dissemination..................................... 45,684
-----------------
Subtotal, National Weather Service, Systems 126,665
Acquisition........................................
-----------------
Weather Forecast Office Construction.............. 8,650
-----------------
Total, National Weather Service - PAC................. 135,315
=================
National Environmental Satellite, Data and Information
Service
Systems Acquisition
GOES R............................................ 871,791
Space Weather Follow-on........................... 2,500
Jason-3........................................... 7,458
Joint Polar Satellite System (JPSS)............... 808,966
DSCOVR............................................ 3,200
COSMIC 2.......................................... 20,000
Satellite Ground Services......................... 58,525
System Architecture and Advanced Planning......... 3,000
Projects, Planning, and Analysis.................. 25,200
-----------------
Subtotal, NESDIS Systems Acquisition................ 1,800,640
-----------------
Construction
Satellite CDA Facility............................ 2,000
-----------------
Total, NESDIS - PAC................................... 1,802,640
=================
Program Support
Office of Marine and Aviation Operations
Fleet Replacement
Fleet Capital Improvements and Technology Infusion 11,700
NOAA Construction................................... 1,000
-----------------
Subtotal, OMAO...................................... 12,700
-----------------
Total, Program Support - PAC.......................... 12,700
=================
Total, Procurement, Acquisition, and Construction..... $1,973,034
------------------------------------------------------------------------
PACIFIC COASTAL SALMON RECOVERY
The Committee recommends $65,000,000 for Pacific Coastal
Salmon Recovery, which is the same as fiscal year 2015 and
$7,000,000 above the request. In addition, the accompanying
bill includes language that requires all funds to be allocated
based on scientific and merit principles and prohibits the
availability of funds for marketing activities.
FISHERMEN'S CONTINGENCY FUND
The Committee recommends $350,000 for the Fishermen's
Contingency Fund, which is the same as fiscal year 2015 and the
request. This Fund is available to compensate U.S. commercial
fishermen for damage or loss caused by obstructions related to
oil and gas exploration, and is derived from fees collected by
the Secretary of the Interior.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends language under this heading
limiting obligations of direct loans to $24,000,000 for
Individual Fishing Quota loans and $100,000,000 for traditional
direct loans.
Departmental Management
SALARIES AND EXPENSES
The Committee recommends $50,000,000 for Departmental
Management, which is $6,000,000 below fiscal year 2015 and
$21,095,000 below the request.
Cybersecurity.--The Secretary is directed to submit
quarterly reports to the Committee on the Department's
activities to improve its cybersecurity including updates on
addressing the Inspector General's cybersecurity concerns.
Federally funded research.--The Committee believes that
commercial technologies developed as a result of federally
funded research should be manufactured in the United States to
the maximum extent possible. The Department is working with the
agencies funded in this Act to develop and issue a report on
this subject, as directed by the explanatory statement
accompanying Public Law 113-76. The Committee looks forward to
receiving this report and reviewing its findings.
China travel reports.--The Committee retains bill language
regarding official staff travel to China. In addition, the
Secretary and agency heads shall review the instances of
official staff travel to China to ensure that travel is
necessary and is in furtherance of the mission of the
Department of Commerce. The Secretary shall provide these
reports concurrently to the OIG and Office of Security.
Middle-market job growth.--Within the funds provided, the
Committee encourages the Department to initiate an independent
study, through a competitive bid process, to determine the
impact of private capital on middle-market job growth, company
revenues, and economic development.
RENOVATION AND MODERNIZATION
The recommendation includes $3,989,000 for the Department's
cost of the Herbert C. Hoover Building renovation and
modernization which is $511,000 below fiscal year 2015 and is
$20,073,000 below the request. The recommendation includes
$1,082,000 for security systems and $2,907,000 for blast-
resistant windows.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $32,000,000 for the Office of
Inspector General (OIG), which is $1,404,000 above fiscal year
2015 and $3,190,000 below the request. The recommendation also
includes transfers of $1,551,000 from the Census Bureau,
$1,302,000 from NOAA, and $2,000,000 from PTO for OIG oversight
of those activities.
The Committee expects the OIG to continue its oversight
work on cybersecurity, satellite procurements, telework, patent
quality, and the decennial census.
Security.--The Committee is concerned about potential
violations of security-related laws, regulations and policies
at the National Institute of Standards and Technology (NIST),
especially cases involving the inappropriate access of foreign
nationals to NIST facilities or information systems. The
Committee supports the thorough investigation and pursuit of
criminal and administrative remedies for such violations and
directs the OIG to undertake a review of NIST security and
foreign national access. The OIG shall provide the Committee
with its assessment of the NIST security program no later than
90 days after enactment of this Act.
General Provisions--Department of Commerce
The Committee recommends the following general provisions
for the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials designated by the
Secretary that such payments are considered to be in the public
interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for services,
and for uniforms and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires notification to the Committee of certain actions.
Section 104 extends congressional notification requirements
for NOAA satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of needed resources, with the consent
of those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain activities.
Section 109 allows the Secretary of Commerce to waive
certain bond requirements regarding vessel construction,
alteration, or repair.
Section 110 permits National Institute of Standards and
Technology (NIST) to use unobligated balances from its
Industrial Technology Services account to fund NIST activities
related to the Network for Manufacturing Innovation.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The Committee recommends $105,000,000 for Department of
Justice, General Administration, Salaries and Expenses, which
is $6,500,000 below fiscal year 2015 and $14,437,000 below the
request. Within the funding provided, the Committee encourages
the Department to fund the Justice Management Division at no
less than the fiscal year 2015 level.
Settlement awards.--The Committee is aware that in some
cases where large mortgage lending settlements have been
awarded, the Department has directed a significant portion to
organizations that were neither parties in the litigation nor
represented victims of the alleged unlawful activity. The
Committee is concerned with the lack of transparency about such
awards, their size and their relationship to other Federal
programs and policy objectives. The Committee therefore directs
the Department to submit a report, to accompany the President's
fiscal year 2017 budget request, listing settlement awards made
in fiscal years 2015 and 2016, together with any awards made to
organizations or groups that were not parties to litigation or
named as victims.
Misconduct in Department of Justice law enforcement
agencies.--The Committee is gravely concerned with findings of
misconduct outlined in a recent report from the Office of
Inspector General (OIG): The Handling of Sexual Harassment and
Misconduct Allegations by the Department's Law Enforcement
Components (Evaluation and Inspections Division 15-4). The
report indicates that policies, procedures and training have
failed to ensure that Federal law enforcement agents and
personnel, who are privileged to serve in sensitive positions
of trust and responsibility, are being held to the highest
possible standard for professional and personal conduct. The
report underscores that the Department and its agencies have
not had in place sound policies, training, and disciplinary
practices to uphold such standards. The Committee is further
disappointed to learn that in a number of cases individuals who
were found to have engaged in notoriously disgraceful conduct
remain agency employees or were subject to minor disciplinary
action.
The Committee therefore has included bill language
withholding $20,000,000 from obligation from the General
Administration appropriation account, as well as from each of
the Salaries and Expenses accounts for the United States
Marshals Service, the Drug Enforcement Administration, the
Federal Bureau of Investigation, and the Bureau of Alcohol,
Tobacco, Firearms and Explosives until the Attorney General
demonstrates to the Committee that the Department and agencies
have implemented or are in the process of implementing the OIG
recommendations accompanying those reports. In addition, the
Inspector General shall report to the Committee not later than
90 days after enactment of this Act and six months thereafter
on the progress of implementing the recommendations.
Inspector General access to department records.--Section
218 of the fiscal year 2015 Department of Justice
Appropriations Act provided that no funds in the Act could be
used to deny the Inspector General ``timely access'' to any and
all records or information they might require, with the
exception of an express limitation of section 6(a) of the
Inspector General Act. The Committee has included a new general
provision that applies this standard to other Departments and
agencies in this bill. The Committee expects the Department to
comply with this requirement and promptly honor requests by the
Office of Inspector General for information needed to carry out
their statutory responsibility to audit and oversee the
Department of Justice.
Active shootings and technology.--The Committee is aware of
the value of gunshot detection technology as both a first
responder and forensic tool, and the development of new systems
for this purpose. The Committee encourages the Department to
explore the benefits of integrating such systems into first
responder active shooter training, to include evaluating how
such integration could improve first responder effectiveness
and to develop best practices. The Department is also
encouraged to work with the General Services Administration and
the Department of Homeland Security to determine how such
systems might be deployed for purposes of augmenting security
and responses to active shooter situations inside Federal
facilities.
Wildlife trafficking.--The Committee understands that
illegal wildlife and natural resources trafficking is linked
with other transnational organized crimes. Revenue from illegal
harvesting of elephant ivory and other high-value wildlife
products is used to finance armed insurgencies and other
groups, and threatens the stability and development of African
countries as well as U.S. security interests. The Committee
supports the Department's membership on the Presidential Task
Force on Wildlife Trafficking, and directs the Attorney General
to submit a status update, not later than 120 days after the
date of enactment of this Act, outlining the specific steps the
Department is taking to meet its goals, established in the
National Strategy on Wildlife Trafficking Implementation Plan,
to further address wildlife trafficking and the illegal natural
resources trade, including increasing prosecutions of
traffickers and working to build prosecutorial and legal
structures to help address wildlife trafficking in other
countries.
Cuban Government operatives.--The Committee is deeply
troubled by the escalation of illegal drug cultivation, and
Medicare, Social Security and insurance fraud by Cuban
nationals who defraud U.S. taxpayers and businesses of millions
of dollars and then flee to Cuba to avoid prosecution.
Accordingly, the Committee directs the Department of Justice to
ensure it does not train any employee of the Cuban Government
and thereby provide them with skills which they then turn to
sophisticated and lucrative criminal activity.
Smartphone encryption.--The Committee is aware of concerns
regarding virtually unbreakable smartphone encryption. The
Committee recommends the Department be engaged on this critical
matter and update the Committee on the impacts on law
enforcement, as well as any needs for resources or legislation.
Enforcement of Federal cyber-stalking and threat crimes.--
The Committee is aware of concerns regarding increased
instances of severe harassment, stalking, and threats
transmitted in interstate commerce in violation of Federal law.
These targeted attacks against Internet users, particularly
women, have resulted in the release of personal information,
forced individuals to flee their homes, has had a chilling
effect on free expression, and are limiting access to economic
opportunity. The Committee strongly urges the Department to
intensify its efforts to combat this destructive abuse and
expects to see increased investigations and prosecutions of
these crimes.
Identity theft and senior citizens.--The Committee is aware
that senior citizens are susceptible to tax-related identity
theft and encourages the Department of Justice, Internal
Revenue Service, and Federal Trade Commission to collaborate on
joint efforts to prevent and reduce the incidence of tax-
related identity theft among vulnerable populations, especially
senior citizens.
Conferences.--The Committee understands that OMB Memorandum
M-12-12 called for agencies to reduce travel expenses 30
percent compared to the fiscal year 2010 level, and limit
conference spending. The Committee expects the Department of
Justice to minimize conferences and conference expenses to
those necessary to carry out the mission of the Department. The
Committee expects the Department to make conference location
decisions based on transparency, accountability and best value
in the use of appropriated funds.
White-collar prosecutions.--The Department of Justice shall
report to the Committee, within 90 days of enactment of this
Act, on the actions taken and settlements achieved on financial
fraud cases in the wake of the recent financial crisis, to
include completed cases against CEOs, board members, and other
executives of Wall Street firms, hedge funds, and banks; the
amount paid by financial institutions and individuals since
2009 in civil and criminal cases; and the percentage of white-
collar prosecutions represented as an average of all Federal
cases.
Countering recruitment by violent extremists.--The
Committee is concerned by the radicalization and recruitment in
the United States of young adults who seek to join terrorist
organizations such as al-Shabab in Somalia and ISIS in Syria.
The Committee supports the efforts of the Department of Justice
to build resiliency against ideologically based extremist
violence in communities with at-risk populations. Activities
that bring together community representatives, law enforcement,
religious leaders, and United States Attorneys to improve local
engagement, to counter violent extremism, and to build
community partnerships to prevent the recruitment of at-risk
youth are strongly encouraged. The Committee requests that the
Attorney General submit to the Committee, not later than 60
days after the date of the enactment of this Act, a report
outlining efforts by the Department of Justice to prevent the
recruitment of youth by violent extremists to join foreign
terrorist organizations, the resources allocated by the
Department by program to address these recruitment activities,
and the Department benchmarks for the evaluation of program
success.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $25,842,000 for Justice
Information Sharing Technology, which is the same as fiscal
year 2015 and $11,598,000 below the request. In addition, the
Committee has included modified bill language to give the
Department discretion and flexibility to use Departmental funds
to meet its increased needs for digital services, IT
transformation and cybersecurity, subject to the reprogramming
procedures included in this Act.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $426,791,000 for the Executive
Office for Immigration Review (EOIR) and the Office of the
Pardon Attorney, of which $4,000,000 is from immigration
examination fees. The recommendation is $75,719,000 above
fiscal year 2015 and $61,590,000 below the request. The
recommendation will support the requested increase of 55 new
immigration judge (IJ) teams, enhancements to video
teleconferencing and information technology capacity, as well
as additional immigration support in coordination with
Department of Homeland Security enforcement initiatives. In
hiring the additional immigration judge teams the Committee
encourages EOIR to look at the pool of candidates it identified
for selection as temporary immigration judges in 2014. The
Committee expects EOIR will deploy additional IJ teams and
supporting personnel to areas that have the highest workload.
The recommendation does not include funding to expand the legal
orientation program (LOP) or establish a legal representation
program. The recommendation includes $1,000,000 for information
help desks, to provide orientation information for non-detained
individuals at the most backlogged immigration courts. These
funds are not for legal representation.
EOIR Performance reporting.--The Committee is greatly
concerned about EOIR's continuing and significant case backlog.
Immigration courts have become a critical bottleneck in dealing
with the surge in illegal immigration, causing unacceptable
delays, great expense and needless human hardship. To help
relieve this situation the Committee has included $421,873,000
for EOIR to support hiring new IJs, support staff, and Board of
Immigration Appeals (BIA) lawyers to reduce the backlog of
cases and expedite judgments. It is essential for the Committee
to have timely and useful data about the impact of this
investment, to include the status of immigration judge hiring,
as well as adjudication caseload and outcomes. The Committee
therefore directs EOIR to submit, not later than the first day
of each quarter, the following data: the planned number of
immigration judges and associated immigration judge team staff
to be hired in fiscal year 2016; the numbers of IJs, attorneys,
and other staff on-board; and the numbers of those positions in
various stages of the hiring pipeline. The quarterly report
should include case information, broken out by Department of
Homeland Security priority case code, as follows: initial case
receipts; the number of associated case completions, noting
whether they are IJ Decisions and Other Completions; the
average case processing time; and, for each case code, the
number of pending cases and the average age of such cases.
Finally, the report should include summary data on the number
of IJ decisions for Voluntary Departures and Removals,
including the number of removal decisions made in absentia, and
the impact of EOIR implementation of electronic registry,
filing, and case information applications on productivity and
backlog reduction.
Management of cases and appeals.--The Committee is aware
that the Office of Inspector General (OIG) in an October 2012
report (I-2013-001) recommended ways to streamline immigration
hearing proceedings, specifically the need for consistent
tracking mechanisms that avoid double counting cases which
occur when a person is transferred between jurisdictions to a
different IJ team. The Committee directs EOIR to brief the
Committee not later than 90 days after enactment of this Act on
the status of the implementation of those recommendations.
Immigration Judge training.--EOIR immigration judge
training should address how to adjudicate cases involving
vulnerable populations, to include how best to elicit
information from trauma survivors, victims of gender based
violence, and children.
Legal orientation program and pilots.--The Committee
commends EOIR for the LOP and other programs that improve the
efficiency of court proceedings, reduce court costs, and help
ensure fairness and due process. The Committee encourages EOIR,
within the funding provided, and subject to the limitation of
Section 292 of the Immigration and Nationality Act, to continue
to explore ways to better serve vulnerable populations such as
children and improve court efficiency through pilot efforts
aimed at improving their legal representation. The Committee
directs that such pilots shall not require the U.S. Government
to bear any expense for legal representation for any alien in
removal proceedings, except to the extent required by Federal
court order. Recognizing that LOP served detained individuals
in a limited number of States last year, EOIR shall brief the
Committee not later than 90 days after the date of enactment on
how it is allocating LOP services nationwide, including to
remote immigration detention sites that are far from legal
service providers in urban centers.
Video teleconferencing.--Immigration judges make extensive
use of video teleconferencing (VTC), especially on the detained
docket. The Committee is disappointed that the Department has
not submitted the report on VTC use that was to be submitted
with the fiscal year 2016 budget request. The Committee directs
EOIR to submit the report as soon as possible.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $92,000,000 for the Office of
Inspector General (OIG), which is $3,423,000 above fiscal year
2015 and $1,709,000 below the request. The Committee notes that
the OIG has had significant investigative and audit workload.
As noted above, the Committee has included language directing
the Inspector General to report to the Committee not later than
90 days after enactment of this Act and six months thereafter
on the progress of implementing the recommendations included in
OIG Evaluation and Inspections Division report 15-4 related to
the Department's handling of misconduct by law enforcement
personnel.
United States Parole Commission
SALARIES AND EXPENSES
The Committee recommends $13,308,000 for the United States
Parole Commission, which is the same as fiscal year 2015 and
$239,000 below the request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends $885,000,000 for General Legal
Activities, which is the same as fiscal year 2015 and
$152,386,000 below the request. This appropriation supports the
establishment of litigation policy, the conduct of litigation,
and other legal responsibilities of the Department of Justice
through the Office of the Solicitor General, the Tax Division,
the Criminal Division, the Civil Division, the Environment and
Natural Resources Division, the Civil Rights Division, the
Office of Legal Counsel, and INTERPOL Washington. The Committee
has provided separate funding recommendations by decision unit
as follows:
Office of the Solicitor General......................... $11,678,000
Tax Division............................................ 106,674,000
Criminal Division....................................... 183,000,000
Civil Division.......................................... 285,226,000
Environment and Natural Resources Division.............. 110,000,000
Office of Legal Counsel................................. 7,836,000
Civil Rights Division................................... 147,239,000
INTERPOL Washington..................................... 33,347,000
---------------
Total, General Legal Activities..................... $885,000,000
Within the funding provided the Committee supports use of
funding in the Criminal Division to address the backlog in
handling Mutual Legal Assistance Treaty (MLAT) requests, and to
sustain positions added and case management improvements made
in fiscal year 2015. Also within the funding provided, the
Committee supports enhancement of the ICITAP and OPDAT programs
to support developing stronger relationships with foreign law
enforcement and prosecutorial counterparts. The Committee also
encourages the Department, within the funding provided, to
strengthen prosecution of intellectual property rights,
cybercrime, and fraud. Finally, the Committee supports the
Department's plans to implement the National Strategy for
Combating Wildlife Trafficking, and directs the Department to
fund the Initiative within the funds provided.
Human trafficking.--The Committee recommends that the Human
Trafficking Prosecution Unit (HTPU) in the Civil Rights
Division and the Department's Anti-Trafficking Coordination
Teams sustain current efforts against human trafficking and
slavery, and make it a priority to help victim service
providers and non-governmental organizations assist victims as
part of broader efforts to combat human trafficking and slavery
in the United States.
Civil rights division, voting section.--The Department of
Justice shall submit to the. Committee, at the time the 2017
budget request is submitted, the following information about
Section 203 cases investigated in fiscal year 2016, including:
the number of cases, broken out by language(s) involved; the
number of such investigations opened and number closed, by
reason closed (e.g., not enough evidence of non-compliance
available, no evidence of non-compliance, MOA); the average
number of investigations per attorney; and the average length
of time per investigation.
VACCINE INJURY COMPENSATION TRUST FUND
The recommendation includes $8,000,000 as a reimbursement
from the Vaccine Injury Compensation Trust Fund for costs of
litigating cases under the National Childhood Vaccine Injury
Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommends $162,246,000 for salaries and
expenses of the Antitrust Division, which is the same as fiscal
year 2015 and $2,731,000 below the request. The recommended
funding level is offset by $124,000,000 in estimated fee
collections for a net direct appropriation of $38,246,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The Committee recommends $1,995,000,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, which is $35,000,000 above fiscal year 2015
and $37,216,000 below the request. Within this amount the
Department is expected to support enhanced efforts to address
growing MLAT request backlogs, human trafficking
investigations, and cybercrime.
Prosecuting immigration crime.--The Committee is concerned
with the inconsistent enforcement of Federal criminal
immigration laws and supports programs like Operation
Streamline. The Attorney General is directed to submit a report
to the Committee not later than 120 days after enactment of
this Act that includes the following information, by U.S.
District Court, for each of the fiscal years 2008 through 2015:
the number of Federal criminal immigration cases filed; the
number of case terminations; and for defendants, the number
tried, the number convicted, the number sentenced to prison;
and the number of those convicted who were deported after
completing their sentence. The report shall describe steps the
Department is taking to ensure that Federal criminal
immigration law is enforced vigorously and consistently across
the country to include prosecution guidelines and policies by
district.
Prescription drug abuse.--The growing, nationwide crisis of
prescription drug abuse has resulted in skyrocketing
fatalities, and addressing this challenge remains a core
Federal law enforcement mission. The Committee expects U.S.
Attorneys to make it a priority to investigate and prosecute
criminals who profit from such trafficking, to include pain
clinics that serve as fronts for the illegal distribution of
addictive painkillers.
Human trafficking.--The recommendation continues bill
language directing each U.S. Attorney to participate in human
trafficking task forces.
Trafficking and money laundering enforcement.--The
Committee expects the Department to continue to make drug
trafficking and money laundering enforcement an investigative
and prosecutorial priority for Federal prosecutors.
Intellectual Property Rights (IPR) enforcement.--The
Committee expects the Department to continue to make IPR
enforcement an investigative and prosecutorial priority for
Federal prosecutors.
UNITED STATES TRUSTEE SYSTEM FUND
The Committee recommends $225,908,000 for the United States
Trustee Program, which is the same as fiscal year 2015 and
$2,199,000 below the request. The recommended funding is offset
by $162,000,000 in estimated fee collections for a net direct
appropriation of $63,908,000.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $2,326,000 for the Foreign Claims
Settlement Commission, which is the same as fiscal year 2015
and $48,000 below the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $270,000,000, which is the same as
fiscal year 2015 and the request, for fees and expenses of
witnesses who appear on behalf of the Government in cases in
which the United States is a party. This appropriation is
considered mandatory for scorekeeping purposes.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $13,000,000 for the Community
Relations Service, which is $750,000 above fiscal year 2015 and
$1,446,000 below the request.
United States Marshals Service
SALARIES AND EXPENSES
The Committee recommends $1,220,000,000 for the salaries
and expenses of the United States Marshals Service (USMS),
which is $25,000,000 above fiscal year 2015 and $10,581,000
below the request. As explained in detail under the General
Administration appropriation, the Committee has included
language withholding $20,000,000 pending demonstration by the
Attorney General that the Department has implemented or is in
the process of implementing OIG recommendations to address
employee misconduct.
Detection technology.--The Committee encourages the USMS to
seek cost effective ways to build on and leverage their use of
detection technologies to increase officer safety, saving both
lives and money.
CONSTRUCTION
The Committee recommends $11,000,000, which is $1,200,000
above fiscal year 2015 and $4,000,000 below the request, for
construction and related expenses in space controlled, occupied
or used by USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $1,058,081,000 for Federal
Prisoner Detention, which is $562,774,000 above fiscal year
2015 and $396,333,000 below the request. A rescission of
$69,500,000 in unobligated balances in this account is included
in title V of this Act.
In fiscal year 2015, this account used surplus Assets
Forfeiture Fund balances totaling $1,100,000,000 to offset its
funding requirements. These funds are no longer available for
this account. Therefore, an increase in discretionary
appropriations is required to ensure USMS has sufficient
resources to house prisoners throughout fiscal year 2016. If
funds provided are insufficient to meet the program's
requirements, the Department may propose and the Committee will
consider the use of funds available through transfer and
reprogramming authorities, in compliance with the procedures
established by section 505 of this Act, to supplement this
account.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $95,000,000 for the National
Security Division (NSD), which is $2,000,000 above fiscal year
2015 and $1,596,000 below the request. This amount will help
the NSD address the growing workload for its national security
mission, including its Foreign Intelligence Surveillance Act
responsibilities.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The Committee recommends $510,000,000 for Interagency Crime
and Drug Enforcement, which is $2,806,000 above fiscal year
2015 and $9,301,000 below the request. Funds are included under
this heading to support interagency Organized Crime Drug
Enforcement Task Forces (OCDETF), which target high-level drug
trafficking organizations through coordinated, multi-
jurisdictional investigations.
Decision unit subtotals.--The recommendation includes
$357,500,000 for investigations and $152,500,000 for
prosecutions. Within these levels the Committee expects OCDETF
will enhance its investigative, intelligence, and prosecutorial
efforts through OCDETF-led activities, including the OCDETF
Fusion Center, OCDETF Co-located Strike Forces, and the
International Organized Crime Intelligence and Operations
Center, as well as through the direct collaboration with State
and local law enforcement, the United States Attorneys'
offices, and the Criminal Division.
Full-Time Equivalents (FTE).--The Committee has not yet
received the report required by the fiscal year 2015
Appropriations Act on current and historical levels of
investigative and prosecutorial FTE assigned to OCDETF task
forces and cases. The Department is directed to submit that
report as soon as possible, and to provide an updated report
with its fiscal year 2017 budget request. That updated report
should include actual and projected investigative and
prosecutorial FTE devoted to OCDETF cases in fiscal years 2015-
2017, broken out by agency and funding source.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The Committee recommends $8,489,786,000 for the salaries
and expenses account of the Federal Bureau of Investigation
(FBI), which is $163,217,000 above fiscal year 2015 and
$75,161,000 above the request. The increase reflects funding
necessary to carry out several critical and underfunded
elements of FBI's mission, informed by the recently completed
report on the implementation of 9/11 Commission
recommendations. These include supporting necessary work on the
Next Generation Cyber program and IT Infrastructure; addressing
capacity constraints in data sharing that have impacts on the
FBI's ability to timely share vast quantities of forensic and
other data; and helping the FBI meet persistent and increasing
challenges to cybersecurity, combat intrusions, and investigate
cybercrime. The Committee is also aware that the growing demand
for FBI training and collaboration in the field has been
limited by the lack of adequate operational infrastructure for
secure facilities, communications and information technology,
and so the increase in funding would help relieve this,
consistent with the 9/11 review findings. In addition, the
Committee funds the increase necessary to ensure the FBI has
the capacity to address the threat from the increase in
``foreign fighters'' and other terrorists at home and abroad;
the need to build counter-threat capability to anticipate
challenges to national and cyber security; and to sustain
growing operational workload in the field these increased
threats generate. One related impact of this growing workload
is a need for enhanced capacity to carry out physical
surveillance for both national security and criminal
investigations, and the Committee expects the FBI to enhance
this capability from within the funding provided. The
recommendation includes funding to sustain the National Gang
Intelligence Center at no less than the fiscal year 2015 level
of operations. The Committee also expects the FBI will maintain
current levels of effort through its Violent Gang, Safe Street
and Safe Trails task forces.
Finally, the recommendation supports the programs of the
Criminal Justice Information Services Division, including but
not limited to Next General Identification, the National Crime
Information Center, and the National Instant Criminal
Background Check System.
As explained in detail under the General Administration
appropriation, the Committee has included language withholding
$20,000,000 pending demonstration by the Attorney General that
the Department has implemented or is in the process of
implementing OIG recommendations to address employee
misconduct.
The Committee has provided separate funding recommendations
by decision unit as follows:
Intelligence.......................................... $1,703,500,000
Counterterrorism/Counterintelligence.................. 3,425,421,000
Criminal Enterprise/Federal Crimes.................... 2,892,970,000
Criminal Justice Services............................. 467,895,000
-----------------
Total, Salaries and Expenses...................... $8,489,786,000
Computer intrusions, cyber threats and cybersecurity.--The
FBI Director testified before the Subcommittee again this year
that meeting the challenges of cybersecurity, cyber-attacks and
other cybercrimes remains a priority mission for the FBI. The
Committee has included additional funding in its recommendation
to ensure the FBI can continue to develop and implement its
Next Generation Cyber (NGC) approach, a comprehensive ``whole
of government'' approach to investigating computer intrusions
and defeating cyber threat actors, including through its
national network of cyber task forces with Federal, State,
local and international partners in government, industry, and
academia, and in particular the National Cyber Investigative
Joint Task Force.
Regional Computer Forensics Laboratories.--The Committee is
aware that the FBI is exploring the possibility of expanding
Regional Computer Forensics Laboratories, to include coverage
in areas not currently served by them. The Committee supports
this effort and expects the FBI to keep the Committee apprised
of any plans to expand the laboratories or add new ones.
Counterintelligence.--The Committee continues to be
concerned with the espionage threat posed by China and other
countries and entities. Within the funds provided in this Act,
the FBI shall increase its efforts to prevent and investigate
espionage threats. The Committee appreciates that the FBI is
developing procurement guidelines for agencies to use when
buying sensitive information technology systems to ensure that
supply chain risks are identified and mitigated. The Committee
also appreciates FBI efforts to educate and support the
National Aeronautics and Space Administration and the National
Institute of Standards and Technology. However, the Committee
believes that the FBI must do more to educate government
agencies and the private sector on current counterintelligence
threats.
Domestic radicalization and violent extremism.--The
Committee is concerned with the emergent problem of foreign
fighters returning from conflicts abroad to their home
countries, particularly those coming to the United States. The
Committee awaits a briefing on efforts of the National Security
Branch's office of Countering Violent Extremism, and directs
the FBI to provide this briefing not later than 30 days after
enactment of this Act.
Secure Content Management.--The Committee is aware the FBI
is conducting a proof of concept test of Digital Rights
Management technology as it looks to protect the FBI's most
sensitive information. The Committee requests that the FBI keep
it informed regarding the potential value of this technology
for information security and secure content management across
the FBI enterprise.
9/11 Review Commission.--In fiscal year 2013, the Committee
directed the establishment of a Review Commission to assess
FBI's implementation of the 9/11 Commission's recommendations.
The Committee greatly appreciates the Review Commission's work
to improve the operations of the FBI. The Review Commission
found the FBI has made progress in transforming into an
intelligence driven organization, but that there is room for
further improvement. The bill provides additional resources for
the FBI to address the 9/11 Review Commission's concerns. The
FBI is directed to submit to the Committee within 90 days of
enactment of this Act a report outlining its implementation of
each of the 9/11 Review Commission's recommendations.
Private sector laboratory DNA testing.--The Committee
encourages the FBI to explore the development of a system to
expedite the upload of DNA profiles to the Combined DNA Index
System (CODIS). The Committee encourages the FBI to develop a
method for timely technical review of private lab analysis that
will result in DNA profiles being uploaded to CODIS in a timely
fashion. The Committee also encourages the FBI to advise the
Committee of any other options that will not only maintain the
integrity of CODIS but will expedite the current upload of DNA
profiles.
CONSTRUCTION
The Committee recommends $57,982,000 for the construction
of FBI facilities and related activities, which is $52,018,000
below fiscal year 2015 and $11,000,000 below the request.
Funding in this account will facilitate and expedite work on
current design and construction projects, to include sustaining
work at Quantico, ongoing secure work environment building and
modifications, and data center consolidation. The Committee
understands that there are prior year balances available that
may be used to fund fiscal year 2016 requirements in this
account.
Drug Enforcement Administration
SALARIES AND EXPENSES
The Committee recommends total budget authority of
$2,445,459,000 for salaries and expenses, of which $371,514,000
is derived from fees deposited in the Diversion Control Fund,
and $2,073,945,000 is provided by direct appropriation. The
recommended direct appropriation is $40,625,000 above fiscal
year 2015 and $17,664,000 below the request. The increase will
support DEA's workforce restoration and hiring, in the
aftermath of the hiring freeze, and help it meet a growing
enforcement workload, including challenges in its overseas
programs, and provide continuing support of State and local
partners.
Employee Conduct.--The Committee is gravely disappointed
with recent OIG reports on the conduct of DEA personnel on
overseas assignment, and a record of sexual misconduct and
harassment that appears to have been underreported and
inappropriately handled for a number of years. The unfortunate
consequence of such management shortcomings is that the
exemplary work of DEA's dedicated and professional workforce
has been eclipsed by the misbehavior of a few individuals. The
failure of agency and Departmental management to address such
behavior firmly and promptly harms public confidence in DEA,
but more importantly, could result in compromising its
important work. The Committee expects DEA and the Department to
move swiftly to close the gaps identified in the OIG reports.
As explained in detail under the General Administration
appropriation, the Committee has included language withholding
$20,000,000 pending demonstration by the Attorney General that
the Department has implemented or is in the process of
implementing OIG recommendations to address employee
misconduct.
Diversion control.--The recommendation includes
$371,514,000 for the regulatory and enforcement activities of
DEA's Diversion Control Program. The Diversion Control Program
is funded by fee collections. Within this level of funding, the
Committee expects DEA to sustain or expand its current level of
effort for Tactical Diversion Squads and scheduled regulatory
investigations.
Methamphetamine lab cleanup.--The funding recommendation
for Community Oriented Policing Services includes $11,000,000
for transfer to DEA to assist State, local and tribal law
enforcement agencies with the removal and disposal of hazardous
materials at methamphetamine labs, including funds for
training, technical assistance, purchase of equipment, and a
container program.
Prescription drug and heroin abuse.--The Committee is
extremely concerned about the growing menace of prescription
drug abuse, and the resurgent heroin abuse and overdoses that
appear connected to vigorous enforcement of laws against
prescription drug diversion. Data collected by the National
Center for Health Statistics show that the growth in opioid
overdose deaths has risen steadily, nearly quadrupling from
1999 to 2013. While most of that growth was from abuse of
painkillers, in recent years the death rate from heroin
overdoses has grown even faster, rising 172 percent from 2010
to 2013 alone. The Committee recommendation supports a vigorous
investigative program for DEA to deal with these rising
threats, and directs DEA to report to the Committee no later
than 60 days after enactment of this Act on the actual or
estimated number of heroin and prescription drug diversion
investigations for fiscal years 2013 through 2016, the amounts
and street value of drugs associated with such investigations,
and prosecutions resulting from investigations.
Marijuana eradication.--The Committee is concerned about
the spread of illegal marijuana cultivation in the United
States and the burden such crime imposes on small and rural law
enforcement agencies with regard to marijuana eradication. The
Committee is aware that some small and rural law enforcement
agencies may face limits in eligibility for overtime
compensation for participation in drug task forces due to
multi-agency policies that cap such overtime across all Federal
agencies. When this occurs, local law enforcement is no longer
available to assist Federal investigation, eradication or
enforcement operations. The Committee notes with great
disappointment that it has not yet received the report required
under the fiscal year 2015 Appropriation on DEA's outreach to
agency partners, addressing whether changes to current policy
are permitted under existing authority and provide
recommendations, and directs DEA to submit the report as soon
as possible. The Committee expects DEA to be more responsive.
Medical efficacy of marijuana.-The Committee directs the
DEA to review all relevant DEA rules governing research on the
medical efficacy of marijuana and determine ways to facilitate
further research through streamlining the DEA approval process.
The Committee further directs DEA to work in collaboration with
NIH/NIDA and FDA to facilitate such research efforts. The
Committee requests DEA to report back to the Committee within
120 days with a plan by which the agency can facilitate
additional research.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The Committee recommends $1,250,000,000 for the salaries
and expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), which is $49,000,000 above fiscal year 2015
and $11,158,000 below the request. Within this funding level,
the Committee expects ATF will meet its critical staffing
requirements; improve its capacity to process National Firearms
Act and related applications and service requests; and sustain
the updating and expansion of the National Integrated
Ballistics Information Network. As explained under the General
Administration appropriation, the Committee has included
language withholding $20,000,000 pending demonstration by the
Attorney General that the Department has implemented or is in
the process of implementing OIG recommendations to address
employee misconduct.
Crime gun investigations and firearm trafficking.--The
Committee is aware of the 2000 ATF report on its firearm
trafficking investigations, ``Following the Gun: Enforcing
Federal Laws Against Firearms Traffickers''. The Committee
expects that in light of changes in trafficking patterns,
especially the rise of Internet-based markets, an updated
analysis would benefit law enforcement by providing insights
into criminals' sources of firearms, ways to strengthen law
enforcement responses to trafficking, and the value of
practices like crime gun tracing. The Committee encourages ATF
to conduct and share such an analysis.
Industry operations investigators.--The Committee
recommends that ATF, within funds provided, enhance its hiring
and training of Industry Operations Investigators in fiscal
year 2016.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $6,951,500,000 for salaries and
expenses of the Bureau of Prisons (BOP), which is $136,500,000
above fiscal year 2015 and $252,658,000 below the request. The
Committee recommends funding by decision unit as follows:
Inmate Care and Programs.............................. $2,646,500,000
Security and Administration........................... 3,050,000,000
Management and Administration......................... 200,000,000
Contract Confinement.................................. 1,055,000,000
-----------------
Total, Salaries and Expenses...................... $6,951,500,000
Thomson, Illinois facility.--No funding is provided for
additional activation efforts at the Thomson, Illinois
facility.
Contract confinement.--The Committee recognizes that
contract confinement is an effective resource to help BOP meet
growing low security facility requirements. The Committee
expects BOP to continue to meet bed space needs by using State,
local and private prison capacity, if such facilities meet BOP
standards, as a means to help alleviate overcrowding.
Medication Assisted Treatment.--The Committee encourages
the Bureau of Prisons to make abstinence-based relapse
prevention treatments options available to inmates with a
history of opioid dependence.
Oleoresin capsicum (OC) aerosol spray pilot program.--The
Committee is aware that BOP has completed an interim assessment
of the OC pilot it conducted at seven high security
institutions, which showed significant reductions in injuries
to staff and inmates when OC was deployed. As a result, BOP
expanded the pilot in February 2015 to authorize carrying of OC
by all staff at high security institutions, medium security
facilities, jail units, and detention and medical centers. The
Committee encourages BOP to keep the Committee informed about
this program and its results.
BUILDINGS AND FACILITIES
The Committee recommends $230,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, which is
$124,000,000 above fiscal year 2015 and $89,436,000 above the
request. The recommendation includes $145,000,000 for costs
related to construction of new facilities; not less than
$72,000,000 for maintenance and repairs of existing facilities,
to include inmate work areas, of which not to exceed
$14,000,000 shall be available to construct areas for inmate
work programs; and up to $13,000,000 for the cost of base
construction staff and operations.
The Committee directs the Bureau to move forward with
ongoing facilities planning efforts and associated new
construction for future prison construction projects to meet
projected capacity requirements as identified in the monthly
status of construction reports to the Committees on
Appropriations. The Committee recommendation does not include
any new funding for renovation, upgrades or construction at the
Thomson, Illinois facility.
The Committee directs the BOP to continue to provide
monthly status of construction reports, and to notify the
Committee of any changes reflected in those reports.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The Committee recommends a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated, (FPI) which is the same as fiscal year 2015 and
the request.
State and Local Law Enforcement Activities
In total, the Committee recommends $2,003,700,000 for State
and local law enforcement and crime prevention grant programs,
including $1,931,700,000 in discretionary appropriations. The
discretionary total is $326,100,000 below fiscal year 2015 and
$495,200,000 below the request.
Management and administrative expenses.--The Committee
encourages grant offices to minimize administrative spending in
order to maximize funding for grants or training and technical
assistance. The Committee also directs the Department to ensure
that the methodology for assessing management and
administration costs is equitable and reflects a fair
representation of the share of common management and
administrative costs associated with each program. The
Committee notes that an across-the-board percentage assessment
may not be the most appropriate solution. The Committee is
aware that, in general, the Department's grant offices for
State and Local Law Enforcement Activities have authority to
allocate certain expenses administratively to activities that
are ancillary to the core purposes of the appropriation (e.g.,
peer review for a competitive program, training and technical
assistance, and research and statistical activities).
Research, evaluation and statistics.--In lieu of providing
a base appropriation for the National Institute of Justice and
the Bureau of Justice Statistics, the recommendation provides
flexibility for the Department to fund these functions through
a set-aside of grant programs. The Department shall provide a
proposed allocation of funds for these activities in the
spending plan required by this Act.
Office of Victims of Crime (OVC).--The recommendation
provides $344,164,000 above the current level for OVC. Within
available resources, OVC may implement the office's Vision 21,
which seeks to bring better technology, planning, research and
data into the crime victims services field.
The Committee understands that OVC recently released new
guidelines to revise performance metrics for both Victim
Compensation and Victim Assistance formula grant programs. The
Committee directs OVC to submit a report, no later than 90 days
after enactment of this Act, on the steps it has taken to
assist grantees in complying with the new requirements.
The Committee expects the Department of Justice to consult
with Indian tribal governments on the distribution of the funds
made available in Sec. 510 from the Crime Victims Fund.
Forensics.--The recommendation does not include funding for
the forensics initiative. The Committee is concerned that the
Administration's forensic sciences initiative lacks the
involvement of the State and local practitioner community,
making the community an observer--not a participant--in
addressing forensic reform, and thereby running the risk that
the initiative will not take into consideration existing,
proven standards and processes used within the community. This
matter is also addressed elsewhere in the report.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The Committee recommends $479,000,000 for the Office on
Violence Against Women (OVW), which is $49,000,000 above fiscal
year 2015 and $5,500,000 above the request. The recommendation
includes funding above the request for Services, Training,
Officers, and Prosecutors (STOP) grants, transitional housing
assistance, research and evaluation on violence against women,
the Consolidated Youth-Oriented Program, grants to encourage
arrest policies, the sexual assault services program, the elder
abuse program, and education and training for disabled female
victims. The recommendation also funds the victims of
trafficking program under this heading. Funds are distributed
as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants........................................... $196,000
Transitional Housing Assistance....................... 28,000
Research and Evaluation on Violence Against Women..... 8,000
Consolidated Youth-Oriented Program................... 11,000
Grants to Encourage Arrest Policies................... 51,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Victims Services....................... 35,000
Rural Domestic Violence and Child Abuse Enforcement... 33,000
Violence on College Campuses.......................... 16,000
Civil Legal Assistance................................ 42,500
Elder Abuse Grant Program............................. 4,500
Family Civil Justice.................................. 16,000
Education and Training for Disabled Female Victims.... 6,000
National Resource Center on Workplace Responses....... 500
Research on Violence Against Indian Women............. 1,000
Indian Country--Sexual Assault Clearinghouse.......... 500
Victims of trafficking................................ 25,000
Rape Survivor Child Custody Act....................... 5,000
=================
TOTAL, Violence Against Women Prevention and $479,000
Prosecution Programs...............................
------------------------------------------------------------------------
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The Committee recommends $1,015,400,000 for State and Local
Law Enforcement Assistance programs, which is $225,600,000
below fiscal year 2015 and $126,900,000 below the request.
Funds are distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............. $409,000
Officer Robert Wilson III VALOR Initiative.......... (15,000)
Domestic Radicalization Research.................... (4,000)
Bulletproof Vest Partnership........................ (22,500)
Juvenile Indigent Defense........................... (2,500)
Convention security................................. (20,000)
State Criminal Alien Assistance Program............... 220,000
Drug Courts........................................... 41,000
Mentally Ill Offender Act............................. 7,000
Capital Litigation and Wrongful Conviction Review..... 2,000
Economic, High-tech and Cybercrime Prevention......... 5,000
Adam Walsh Act Implementation......................... 20,000
National Sex Offender Public Website.................. 1,000
National Instant Criminal Background Check System 73,000
(NICS) Initiative....................................
DNA Initiative........................................ 125,000
Debbie Smith DNA Backlog Grants..................... (117,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants. (4,000)
Sexual Assault Forensic Exam Program Grants......... (4,000)
CASA--Special Advocates............................... 6,000
Veterans Treatment Courts............................. 5,000
Prescription Drug Monitoring.......................... 11,000
Prison Rape Prevention and Prosecution................ 13,000
NamUs................................................. 2,400
Comprehensive School Safety Initiative................ 75,000
=================
TOTAL, State and Local Law Enforcement Assistance... $1,015,400
------------------------------------------------------------------------
National Instant Criminal Background Check System (NICS)
Initiative grants.--The recommendation includes $73,000,000 for
grants to improve records in the NICS system. This initiative
combines the National Criminal History Improvement Program
(NCHIP) and the NICS Act Record Improvement Program (NARIP).
The Committee directs that the grants made under the broader
NCHIP authorities be made available only for efforts to improve
records added to NICS. Additionally, the Department shall
prioritize funding under NARIP authorities with the goal of
making all States NICS Improvement Amendments Act of 2007
(NIAA) compliant. The Department also shall apply penalties to
noncompliant States to the fullest extent of the law.
The Committee understands that ATF is willing to provide
technical assistance to all States seeking to establish
programs that meet the NIAA requirements for NARIP grants. Even
in the absence of funding exclusively for NARIP, the Committee
directs the Department to continue these efforts. The Committee
again urges the Office of Justice Programs (OJP), ATF and FBI
to assist States that are not currently eligible for NARIP
grants in meeting the eligibility requirements.
The Committee also reiterates existing legal requirements
that data in the NICS be deleted after a check is completed.
Byrne Memorial Justice Assistance Grant (Byrne/JAG)
program.--The recommendation includes $409,000,000 for the
Byrne/JAG program. Funding under this formula program is
authorized for law enforcement programs; prosecution and court
programs; prevention and education programs; corrections
programs; drug treatment and enforcement programs; planning,
evaluation, and technology improvement programs; and crime
victim and witness programs, other than compensation. Within
the amount provided, $20,000,000 is for presidential nominating
convention security; $4,000,000 is for research on domestic
radicalization; $15,000,000 is for the Officer Robert Wilson
III Preventing Violence Against Law Enforcement and Ensuring
Officer Resilience and Survivability (VALOR) Initiative;
$22,500,000 is for the Bulletproof Vest Partnership program;
and $2,500,000 is juvenile indigent defense. Excluding
carveouts, the recommendation for Byrne/JAG is $12,250,000
above fiscal year 2015 and $25,500,000 above the request. The
Committee is concerned by the impact on law enforcement of the
growing epidemic of prescription drug and heroin abuse, and
notes that funds within this account may be utilized for the
implementation of medication-assisted treatment to maintain
abstinence from all opioids and heroin. The Committee notes
that Byrne/JAG funding can be used for law enforcement
purposes, including the hiring of law enforcement officers.
Officer Robert Wilson III.--The Committee includes bill
language naming the Preventing Violence Against Law Enforcement
Officer Resilience and Survivability (VALOR) initiative in
honor of Officer Robert Wilson III.
The Committee encourages the Officer Robert Wilson III
VALOR Initiative to continue its training partnerships that
offer nationwide dynamic, force-on-force scenario-based
training. The Committee understands the training has been
adopted by numerous States and agencies as their standard
active shooter training and the FBI has adopted this program as
its national training standard for active shooter response.
Presidential nominating conventions.--The recommendation
includes $20,000,000 to address extraordinary local law
enforcement costs related to the 2016 presidential nominating
conventions. The Committee notes that the Department failed to
request any funding for this activity, and the Department
ignored direction in the fiscal year 2012 conference agreement
accompanying Public Law 112-55 that future budget requests will
address known resource requirements associated with convention
security. The Committee directs that the funds included in this
recommendation be used solely for extraordinary law enforcement
expenses incurred with respect to local law enforcement's role
in providing security for these events. The Committee expects
the Department to develop clear guidelines to govern allowable
expenses, and all payments or reimbursements shall be reviewed
and approved by the Department prior to expenditure, as well as
audited by the OIG, to ensure efficiency and accountability.
Finally, the Committee expects that planning committees for the
nominating conventions will assist in addressing security needs
to the greatest extent possible from other funding sources.
State Criminal Alien Assistance Program (SCAAP).--The
recommendation includes $220,000,000 for SCAAP, which is
$35,000,000 above fiscal year 2015. SCAAP provides grants that
reimburse States and localities for the costs incurred in
incarcerating undocumented criminal aliens. The President's
request proposed to terminate this program.
Competitive grants.--The Committee urges the Department to
prioritize support for an integrated continuum and evidence-
based or evidence-informed services and programs for both at-
risk children and their families for the prevention, control or
reduction of juvenile delinquency. The Committee also urges the
Department to prioritize support for work to improve forensic
interview training for child abuse investigation and
prosecution professionals.
Forensics training.--The Committee understands there is a
lack of emphasis on solution-based approaches to training local
officers and using available technology to reduce court
backlogs and increase prosecutions. The Committee encourages
that an emphasis be placed on providing resources for multi-
jurisdictional forensic service providers who, in collaboration
with universities, can help provide access to forensic
expertise, assistance and continuing education to law
enforcement agencies, particularly in rural underserved areas.
Digital forensics tools.--The Committee understands that
there is a sizable backlog in completing investigations to
enable prosecution of child sexual exploitation cases. Greater
use of innovative technologies may be of great value in
reducing the backlog. As such, the Committee encourages the
Department to examine the use of mobile digital forensic tools
to help combat child sexual exploitation.
DNA initiative.--The recommendation includes $125,000,000
for DNA-related and forensic programs and activities, an
increase of $20,000,000 above the request and the same as the
fiscal year 2015 level. Within the funds provided, the
Committee provides $4,000,000 each for Post-Conviction DNA
Testing grants and Sexual Assault Forensic Exam Program grants.
The Committee expects that OJP will make funding for DNA
analysis and capacity enhancement a priority to meet the
purposes of the Debbie Smith DNA Backlog Grant Program. The
Committee directs the Department to submit, as part of its
spending plan, a plan for the use of all funds appropriated for
DNA-related and forensic programs and a report on the alignment
of appropriated funds with the authorized purposes of the
Debbie Smith DNA Backlog Grant Program.
Victims of trafficking grants.--In the OVW account, the
recommendation includes $25,000,000 for human trafficking task
force activities and for services for victims, an increase of
$14,500,000 above the request. These funds may also be used to
develop, expand and strengthen assistance programs for child
victims of sex and labor trafficking. The Committee notes that
the Justice for Victims of Trafficking Act, which is expected
to be signed into law, established a Domestic Trafficking
Victims Fund, which will provide additional resources for these
programs. The Committee directs DOJ to support the victim-
centered approach to recognizing and responding to human
trafficking, especially across partnerships between Federal and
local law enforcement agencies and victim service providers.
The Department shall include a planned allocation of these
funds in its spending plan.
Preventing trafficking of girls.--The Committee encourages
the Office for Victims of Crime and the Office of Juvenile
Justice and Delinquency Prevention to examine ways to assist
nonprofits and other nongovernmental entities with a proven
track record of administering successful prevention and early
intervention programs for girls vulnerable to trafficking.
Prescription drug monitoring.--The recommendation includes
$11,000,000 for the Prescription Drug Monitoring Program
(PDMP). The diversion and abuse of prescription medications has
become our Nation's fastest growing drug problem, with overdose
deaths now surpassing motor vehicle accidents as the number one
cause of accidental deaths nationwide. The Committee maintains
its support for the provision of technical assistance for
PDMPs, PDMP data users and other key stakeholders through this
program. Further, the Committee directs the Bureau of Justice
Assistance (BJA) to continue partnerships with other
professional organizations that foster interstate
interoperability and connectivity among State-run PDMPs, and
encourages BJA to continue its support for efforts to establish
a national network of interconnected PDMPs. The Committee also
supports efforts to increase use of PDMPs among authorized
users. The Committee directs BJA to assess the impact of
establishing threshold enrollment and utilization rates and,
where enrollment and utilization rates are not 100 percent,
assess the feasibility of requiring benchmarks for improvements
in enrollment and utilization as grant eligibility criteria.
The Committee directs the Department to report, not later than
180 days after enactment of this Act, on this assessment,
including the potential of prioritizing funding based on the
goal of optimizing prescriber and dispenser enrollment and
utilization rates for PDMPs by prescriber and dispensers. In
the meantime, the Committee directs BJA to prioritize grant
funding for States which are engaged in initiatives to
integrate PDMP data with electronic health systems, such as
electronic health records and electronic prescribing systems.
Drug courts.--The recommendation includes $41,000,000 for
drug courts, which is $5,000,000 above the request. Drug courts
help reduce recidivism and substance abuse among non-violent
offenders and increase the likelihood of an offender's
successful rehabilitation through intense, judicially
supervised treatment, mandatory periodic drug testing,
community supervision, and appropriate sanctions. The Committee
expects these funds to be used to provide grants and technical
assistance to State, local, and tribal governments to support
the development, expansion, and enhancement of drug courts,
based upon their efficacy as a systematic response to substance
abuse and crime.
Veterans treatment courts.--The recommendation includes
$5,000,000 to support veterans treatment courts. The Committee
expects the Department to work in conjunction with the
Department of Veterans Affairs, as appropriate, to provide
grant support for collaborative, rehabilitative approaches for
continuing judicial supervision over offenders who are
veterans. These funds are to be used for court startup and
training costs.
Supporting community-driven criminal justice reform.--The
Committee supports BJA's strategic goals of supporting programs
and initiatives that reduce crime, recidivism, unnecessary
confinement and promote a safe and fair criminal justice
system. To help achieve these goals the Committee supports
community-based solutions to crime problems and the early
identification of nonviolent offenders suitable for diversion,
especially those whose underlying problems contribute to
recidivism such as mental illness, substance abuse, debt, or
homelessness.
Training of State and local prosecutors and defense
attorneys.--Training of State and local prosecutors and defense
attorneys is essential to the functioning of the criminal
justice system and ensuring justice is served. The Committee
encourages BJA to support individualized training for
prosecutors and defense attorneys to provide a hands-on
approach to topics such as criminal process, trial advocacy,
ethics, and evidence.
JUVENILE JUSTICE PROGRAMS
The Committee recommends $183,500,000 for Juvenile Justice
programs, which is $68,000,000 below fiscal year 2015 and
$155,900,000 below the request. Funds are distributed as
follows:
JUVENILE JUSTICE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Youth Mentoring Grants................................ $95,000
Victims of Child Abuse Programs....................... 19,000
Missing and Exploited Children Programs............... 68,000
Training for Judicial Personnel....................... 1,500
=================
TOTAL, Juvenile Justice............................. $183,500
------------------------------------------------------------------------
Youth mentoring grants.--The recommendation includes
$95,000,000 for youth mentoring grants, which is $5,000,000
above fiscal year 2015 and $37,000,000 above the request.
Grantee audit recommendations.--The Committee strongly
supports the efforts of OJP and OIG to ensure that Federal
grant funding is efficiently and effectively spent. The
Committee urges OJP to continue working with both OIG and
affected grantees to review and implement audit recommendations
as quickly as practicable in order to minimize the
administrative and financial burden on those grantees and the
disruption of services to the community.
Missing and exploited children programs.--The
recommendation includes $68,000,000 for missing and exploited
children programs, the same as fiscal year 2015 and $1,000,000
above the request. The Committee expects the Department to
allocate no less than the current year level, for task force
grants, training and technical assistance, research and
statistics, and administrative costs for the Internet Crimes
Against Children program. The Committee expects the Department
to allocate $1,000,000 to be used to hire and equip wounded,
ill, or injured veterans as digital forensic analysts or
investigators to support child exploitation investigations.
PUBLIC SAFETY OFFICER BENEFITS
The Committee recommends a total of $88,300,000 for the
Public Safety Officer Benefits program, which is $1,000,000
above fiscal year 2015 and the same as the request. Within the
funds provided, $72,000,000 is for death benefits for
survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping purposes.
Also within the total, $16,300,000 is recommended, as
requested, for disability benefits for public safety officers
who are permanently and totally disabled as a result of a
catastrophic injury sustained in the line of duty, and for
education benefits for the spouses and children of officers who
are killed in the line of duty or who are permanently and
totally disabled as a result of a catastrophic injury sustained
in the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $237,500,000 for COPS programs,
which is $29,500,000 above the fiscal year 2015 level and
$66,000,000 below the request. Funds are to be distributed as
follows:
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanups...... $11,000
Community trust initiative............................ 52,500
Collaborative reform................................ (5,000)
Body worn camera partnership initiative............. (15,000)
Justice Reinvestment Initiative..................... (27,500)
Research and statistics on community trust.......... (5,000)
Second Chance Act..................................... 68,000
Community Teams to Reduce the Sexual Assault Kit (SAK) 41,000
Backlog..............................................
Tribal assistance..................................... 30,000
Regional information sharing activities............... 35,000
=================
TOTAL, Community Oriented Policing Services......... $237,500
------------------------------------------------------------------------
Methamphetamine lab cleanup.--The recommendation includes
$11,000,000, which shall be transferred to DEA to assist State,
local and tribal law enforcement agencies with the removal and
disposal of hazardous materials at methamphetamine labs,
including funds for training, technical assistance, the
purchase of equipment, and a container program.
Military installations.--The Committee encourages DOJ to
account for the impacts of lower tax bases, as a result of
military installations and other untaxed Federal lands, when
distributing grants.
Community trust initiative.--The recommendation included
$52,500,000 for a program to improve police-community
relations. Included in this initiative is $5,000,000 for
collaborative reform, no less than $27,500,000 for justice
reinvestment, $15,000,000 for a body-worn camera partnership
initiative, and $5,000,000 for research and statistics.
The body-worn camera partnership initiative includes pilot
and demonstration grants for purchase of body-worn cameras for
police. This initiative will also establish baseline procedures
for the use of body-worn cameras, support state and local
efforts regarding the use of such equipment, and provide
necessary research into the use of this technology. The
demonstration grants shall require a 1:1 match by the grantee
and shall not be used to pay for the ongoing costs or data
storage costs associated with body camera footage. Of the funds
for this initiative, no less than half shall be for research
and statistics on body worn cameras. The demonstration grants
shall only be provided to States with laws governing the use of
body-worn cameras and shall not interfere with State laws and
requirements. The Bureau of Justice Assistance shall administer
this initiative and provide periodic updates to the Committee
regarding its implementation.
As the Committee believes that improving police-community
relations will require more than just equipment procurement,
the recommendation provides $27,500,000 for the justice
reinvestment initiative, which provides assistance to
jurisdictions to implement data-driven strategies to improve
public safety by reducing corrections spending and reinvesting
those savings in efforts to decrease crime and strengthen
neighborhoods. The Committee recognizes the tremendous
potential of justice reinvestment efforts, noting that
successful efforts in States, such as Texas, Kansas, North
Carolina, Ohio, and Pennsylvania, which have saved millions of
dollars and serve as models for criminal justice reform in the
Nation. Funding may be used to provide technical assistance to
States with existing reinvestment programs, expand the
initiative to additional States, or provide additional funding
for existing sites.
The Committee is also aware that statistics on police use
of force may not be complete. The recommendation provides
$5,000,000 to improve research and statistics on community
trust, to include statistics on use of force.
Second Chance Act/offender reentry programs.--The
recommendation includes $68,000,000 for Second Chance Act
grants. Excluding carveouts, the recommendation is $18,500,000
above fiscal year 2015.
The Committee remains concerned that despite a dramatic
increase in corrections spending over the past two decades,
recidivism and re-incarceration rates are largely unchanged.
The Committee is aware that case studies of innovative,
evidence-based practices provide a strong indication that this
pattern can be reversed. The Committee expects that Second
Chance Act grants will foster the implementation of strategies
that have been proven to reduce recidivism and ensure safe and
successful reentry back to their communities of adults released
from prisons and jails. The Committee expects DOJ to designate
funds for proven, evidenced-based programs that will further
the goal of maximizing public safety.
Vocational and intensive outpatient services.--The
Committee is aware of promising program models which combine
vocational and intensive outpatient services for individuals
recovering from addiction referred through the U.S. Probation
and Pretrial Services System. The Committee encourages OJP to
demonstrate and measure the impact of these models. The
Department shall report, no later than 90 days after enactment
of this Act, on the status of these efforts.
Tribal assistance.--The recommendation includes $30,000,000
for OJP tribal grant programs. The Committee expects OJP to
continue to consult closely with tribes to determine how tribal
assistance funds will be allocated among grant programs that
improve public safety in tribal communities, such as grants for
detention facilities under section 20109 of subtitle A of title
II of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), civil and criminal legal assistance as
authorized by title I of Public Law 106-559, tribal courts, and
alcohol and substance abuse reduction assistance programs. The
Committee directs OJP to use such consultation to inform the
allocation of funds it shall submit as part of its spending
plan. The Committee notes that the recommendation includes
additional grant funding for tribal law enforcement programs
through OVW.
Sexual assault kit backlog grants.--The Committee is
concerned with the ongoing sexual assault kit backlog in
jurisdictions across the country. The Committee encourages
stakeholders and local law enforcement to continue working with
Federal law enforcement to resolve this important issue. The
recommendation includes $41,000,000 for grants to address the
sexual assault kit backlog.
General Provisions--Department of Justice
The Committee has included the following general provisions
for the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape, incest, or to preserve
the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the Committee's requirements and
procedures for transfer proposals.
Section 206 authorizes the Attorney General to extend an
ongoing Personnel Management Demonstration Project.
Section 207 prohibits the use of certain funds for
transporting prisoners classified as maximum or high security,
other than to a facility certified by the Bureau of Prisons as
appropriately secure.
Section 208 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 209 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 210 requires the Department to follow reprogramming
procedures for any deviation from the program amounts specified
in this title or the accompanying report, or the reuse of
deobligated funds provided in previous years.
Section 211 prohibits the use of funds for A-76
competitions for work performed by employees of Federal Prison
Industries, Inc.
Section 212 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 213 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be used
for training and technical assistance and permits grant or
reimbursement funds to be used for criminal justice research,
evaluation and statistics.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 permanently prohibits funds, other than funds
for the National Instant Criminal Background Check System
established under the Brady Handgun Violence Prevention Act,
from being used to facilitate the transfer of an operable
firearm to a known or suspected agent of a drug cartel where
law enforcement personnel do not continuously monitor or
control such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 makes certain funding unavailable for
obligation until the Attorney General demonstrates to the
Committees on Appropriations that the Department of Justice has
implemented or is implementing recommendations of the Office of
Inspector General with regards to handling allegations of
misconduct by Department law enforcement officials. The
Department of Justice Inspector General is directed to report
on the status of such implementation.
TITLE III
SCIENCE
Office of Science and Technology Policy
The Committee recommends $5,555,000 for the Office of
Science and Technology Policy (OSTP), which is the same as
fiscal year 2015 and $11,000 less than the request. The
Committee urges OSTP to address concerns raised by the Congress
with respect to the roles and responsibilities of various OSTP
personnel.
Recommendations of the Interagency Working Group on
Neuroscience (IWGN).--The Committee commends OSTP and the IWGN
for their continuing commitment to neuroscience and urges OSTP
and the IWGN to continue their coordination activities and
efforts to increase the nation's knowledge of the brain. The
Committee further urges OSTP and the IWGN to expeditiously
implement key recommendations from the IWGN's 2014 report,
``Priorities for Accelerating Neuroscience Research through
Enhanced Communication, Coordination, and Collaboration.''
Furthermore, the Committee urges OSTP and the IWGN to work with
stakeholders to identify the most promising areas of research
into innovative treatments for neurological diseases. The
Committee directs OSTP to brief the Committee, no later than
120 days after enactment of this Act, on the implementation
status of the IWGN report recommendations.
Public access to Federally funded research.--In response to
direction from the Committee, OSTP has coordinated Federal
agency plans to develop and implement policies to increase
public access to the results of Federally funded scientific
research. The Committee understands that a number of agencies
already have posted access plans online, and that agency
scientific research data will be publicly available online by
January 2016. OSTP shall provide a report to the Committee no
later than 30 days after enactment of this Act regarding
progress toward this deadline. Further, the Committee urges
OSTP to coordinate the development and implementation of
policies by Federal agencies that require the deposition of
research data underpinning the results described in scientific
publications in publicly accessible repositories and to ensure
that such data is freely available to the public. Such expanded
access to research data sparks widespread reuse and begins to
address some of the issues in the reproducibility of scientific
research results.
National Aeronautics and Space Administration
The Committee recommends $18,529,100,000 for the National
Aeronautics and Space Administration (NASA), which is
$518,900,000 above fiscal year 2015 and the same as the
request.
Decadal surveys.--The Committee directs that the priorities
as outlined in the decadal surveys for planetary science, earth
science, astrophysics, and heliophysics shall drive NASA
mission priorities.
Government Accountability Office (GAO) assessments of
large-scale projects.--NASA shall continue to cooperate fully
and provide timely information to the GAO so that it can
fulfill its congressional mandate to report on the status of
large-scale projects at NASA. Such information includes, but is
not limited to, copies of preliminary cost estimates; access to
online agency applications, databases, and web portals; and
access to contractor and agency personnel.
Cost breach reporting.--NASA shall submit to the Committee
any notifications and reports on cost overruns required by
section 103 of the NASA Authorization Act of 2005 (Public Law
109--155).
Cost, schedule, and performance goals.--The Committee notes
that many of the issues discussed in the September 2012, NASA
Inspector General (IG) audit, NASA's Challenges to Meeting
Cost, Schedule, and Performance Goals, remain. NASA shall
compile a list of all programs with a life cycle cost exceeding
$250,000,000 and begin quarterly status briefings for the
Committee on those programs. NASA shall consult with the
Committee regarding this effort.
Termination liability.--Consistent with section 702(4) of
H.R. 2039, the National Aeronautics and Space Administration
Authorization Act for 2016 and 2017, as introduced, NASA shall
submit a report no later than 180 days after enactment of this
Act outlining a termination liability policy.
Infrastructure and facilities.--A February 2013 NASA IG
audit, NASA's Efforts to Reduce Unneeded Infrastructure and
Facilities, found that NASA maintains more than 124,000 acres
and over 4,900 buildings and other structures, most of which
were constructed in the 1960s. NASA shall submit a multi-year
proposal no later than one year after enactment of this Act
that includes plans to reduce infrastructure that has not been
used in the last 10 or more years.
Program and project totals.--The Committee's program and
project recommendations for NASA are included in the
consolidated funding table below and in narrative direction
throughout this report. The Committee reminds NASA that any
deviations from the amounts included in the table below are
subject to section 505 requirements of this Act. When executing
its budget for fiscal year 2016, NASA shall incorporate the
funding levels established in both the table and the narrative
direction. NASA is reminded that comity has existed between the
Congress and the executive branch with respect to abiding by
language included in the report accompanying the appropriations
Act. The Committee expects NASA to respect this long-standing
practice.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science
Earth Science....................................... $1,682,900
Planetary Science................................... 1,557,000
Astrophysics........................................ 735,600
James Webb Space Telescope.......................... 620,000
Heliophysics........................................ 642,000
-----------------
Total, Science........................................ 5,237,500
=================
Aeronautics........................................... 600,000
=================
Space Technology...................................... 625,000
=================
Exploration
Human Exploration Capabilities...................... 3,409,300
Orion Multi-Purpose Crew Vehicle.................. (1,096,300)
Space Launch System (SLS)......................... (2,313,000)
SLS Vehicle Development......................... (1,850,000)
Exploration Ground Systems...................... (410,000)
SLS Integration................................. (53,000)
Commercial Spaceflight.............................. 1,000,000
Exploration Research and Development................ 350,000
-----------------
Total, Exploration.................................... 4,759,300
=================
Space Operations
International Space Station......................... 3,075,600
Space and Flight Support............................ 881,700
-----------------
Total, Space Operations............................... 3,957,300
=================
Education
NASA Space Grant.................................... 40,000
Experimental Program to Stimulate Competitive 18,000
Research...........................................
Minority University Research Education Program...... 32,000
STEM Education and Accountability Projects.......... 29,000
-----------------
Total, Education...................................... 119,000
=================
Safety, Security and Mission Services................. 2,768,600
=================
Construction and Environmental Compliance and 425,000
Restoration..........................................
=================
Office of Inspector General........................... 37,400
=================
Total, NASA........................................... $18,529,100
------------------------------------------------------------------------
SCIENCE
The Committee recommends $5,237,500,000 for Science, which
is $7,200,000 below fiscal year 2015 and $51,100,000 below the
request.
Earth Science.--The recommendation includes $1,682,900,000
for Earth Science programs. This amount maintains most programs
at the fiscal year 2015 operating level and adopts reductions
proposed in the budget request for the Soil Moisture Active and
Passive satellite; the Global Precipitation Measurement
Project; and GRACE follow-on activities. No funds are provided
for the Thermal-Infrared Free-Flyer. Instead, $32,900,000 is
for Landsat-9 in accordance with direction on the Landsat
program provided in the statement accompanying Public Law 113--
235. NASA shall provide a report no later than 90 days after
enactment of this Act regarding cost, schedule, and milestones
toward achieving a launch of Landsat-9 no later than 2023. NASA
shall ensure that the Earth Science portfolio is focused on the
science priorities as outlined in the 2007 Earth Science
decadal survey.
Planetary Science.--The recommendation includes
$1,557,000,000 for Planetary Science. NASA's request for
Planetary Science once again proposes a decrease below
appropriated levels and would have a negative impact on both
planned and existing missions. The recommendation provides
$277,000,000 for Planetary Science Research, including
$50,000,000 for near earth object observations; and
$175,000,000 for Discovery, including restoration of
$19,000,000 for the Lunar Reconnaissance Orbiter program.
Exploration goals.--While questions remain about the
overarching mission of the asteroid redirect mission, the
Committee understands that it has been useful to the extent
that it has motivated NASA to develop new rocket propulsion
technology to be used in interstellar travel and methods to
deflect near earth objects that threaten the Earth. The
Committee is particularly supportive of these portions of the
mission and directs NASA to provide biannual updates, beginning
with the second quarter of fiscal year 2016, regarding the
overall program. The Committee urges NASA to finalize a mission
concept, with input from partners in academia and the science
community, which will galvanize support and interest.
Mars Exploration.--The recommendation includes $448,000,000
for Mars Exploration, of which not less than $250,000,000 is
for a Mars Rover 2020 mission that meets scientific objectives
from the most recent Planetary Science decadal survey. The
Committee is convinced that additional early funding for the
Mars 2020 mission will enable overall economies to be achieved
by procuring elements identical to the Curiosity Rover
successfully operating on Mars. The recommendation also
restores $13,700,000 for the Mars Opportunity Rover which the
budget proposed to eliminate.
Ocean Worlds Exploration Program.--The recommendation
provides $226,000,000 for Outer Planets, of which not less than
$140,000,000 is for the Jupiter Europa Clipper, or comparable
mission, to support the process of finalizing the mission
design concept that meets the scientific objectives described
in the most recent Planetary Science decadal survey. To support
sustained momentum in this program, NASA shall ensure that
future funding requests are consistent with achieving a launch
no later than 2022, with the goal of launching on a Space
Launch System platform as discussed elsewhere in this report.
Many of NASA's most exciting discoveries in recent years
have been made during the robotic exploration of the outer
planets. The Cassini mission has discovered vast oceans of
liquid hydrocarbons on Saturn's moon Titan and a submerged salt
water sea on Saturn's moon Enceladus. The Committee directs
NASA to create an Ocean World Exploration Program whose primary
goal is to discover extant life on another world using a mix of
Discovery, New Frontiers and flagship class missions consistent
with the recommendations of current and future Planetary
Decadal surveys.
Plutonium-238 production.--The recommendation includes
$172,000,000 for Planetary Science Technology, of which
$20,000,000 shall be for NASA to work with the Department of
Energy to domestically produce between 3.3 and 11 pounds of
plutonium-238 annually beginning in fiscal year 2016. The
resulting plutonium-238 shall be made available to NASA for use
as a source of energy in space missions.
James Webb Space Telescope (JWST).--The recommendation for
the JWST is $620,000,000, which is the same as the request and
$25,500,000 below fiscal year 2015. According to the most
recent GAO report, JWST officials note that the project remains
within its cost cap and is maintaining its 2018 launch date,
but that the program is entering the critical integration stage
and issues persist that may impact the overall schedule. NASA
shall continue to provide the Committee with quarterly
briefings on JWST's technical status and achievement of program
milestones, and budget and schedule performance.
Astrophysics.--The recommendation includes $735,600,000 for
Astrophysics. The Committee recognizes that the Kepler Mission
has revolutionized the pace of planet finding, suggesting that
the Milky Way Galaxy is teeming with exoplanets. As a result,
the Committee recommends that NASA accelerate its exoplanet
program goals to discover, characterize, and eventually
identify exoplanet candidates that could harbor life. An
increase of $35,800,000 is recommended to develop capabilities
within the Exoplanet Exploration program to directly image
exoplanets on the Wide-Field Infrared Survey Telescope (WFIRST)
mission with a coronagraph and to develop technology for future
potential missions, consistent with the priorities in the
Astrophysics Decadal Survey for WFIRST and exoplanet
technology.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
The recommendation includes $85,200,000 as requested for SOFIA.
The Committee understands that NASA is planning to conduct a
Senior Review of Operating Missions for SOFIA in early 2016.
The Committee understands that, as determined by policy
established in the NASA authorization Act, NASA conducts such
senior reviews of programs that have exceeded planned
operational life; completed the mission/operational activities
designed to meet its initial, approved science objectives and
requirements; are beyond prime mission; or will not still be in
its prime mission when the subsequent review occurs two years
hence. Given that SOFIA has not met any of these conditions,
having just begun its prime mission in 2014 and with a designed
operational life of up to 20 years, NASA shall not commence a
review of SOFIA until it meets the requirements for such senior
reviews as outlined above. Additionally, the accompanying bill
includes section 542 regarding this matter.
Heliophysics.--The recommendation includes $642,000,000 for
Heliophysics.
Education and Public Outreach (EPO).--The recommended level
for the Astrophysics Division includes $32,000,000 for Science
Mission Directorate (SMD)-wide EPO activities. NASA shall, in
the fiscal year 2016 spending plan, proportionally reallocate
these funds among the SMD divisions, resulting in a dedicated
budget line for each division's own EPO activities. This
approach will still permit competition among projects for the
best use of funds and focus that competition among projects
that are more easily compared to one another and provide better
stability for the educational communities in each major SMD
discipline.
AERONAUTICS
The Committee recommends $600,000,000 for Aeronautics,
which is $51,000,000 below fiscal year 2015 and $28,600,000
above the request.
SPACE TECHNOLOGY
The Committee recommends $625,000,000 for Space Technology,
which is $29,000,000 above fiscal year 2015 and $99,800,000
below the request.
Icy planets.--The recommendation includes no less than
$25,000,000 for icy satellite surface technology and test-bed
activities.
Nuclear propulsion.--The recommendation includes no less
than $20,000,000 for nuclear propulsion technologies for space
transportation and exploration. NASA shall provide a report
within 180 days of enactment of this Act on ongoing nuclear
propulsion research and how NASA intends to employ this
technology to support various exploration programs.
EXPLORATION
The Committee recommends $4,759,300,000 for Exploration,
which is $402,600,000 above fiscal year 2015 and $253,400,000
above the request. The Committee remains concerned about the
long term cost, progress, and risks associated with NASA's
human spaceflight efforts and the lack of insight into these
programs that NASA has provided the Congress to date. Given the
already significant investment in these various programs,
continuing concerns about the level of funding requested for
these efforts, and the Committees' desire to see these programs
executed in a timely fashion in accordance with the direction
of the Congress, the Committee directs the GAO to review the
acquisition progress of NASA's human exploration programs,
specifically the Space Launch System (SLS) program, the Orion
program, the Ground Systems Development and Operations program
and the Commercial Crew Program. GAO shall consult with the
Committee on the timing and scope of these reviews.
Human exploration.--The recommendation includes a total of
$3,409,300,000 for human exploration, including $1,096,300,000
for the Orion Multi-purpose Crew Vehicle; $1,850,000,000 for
SLS vehicle development; $53,000,000 for SLS program
integration; and $410,000,000 for exploration ground systems.
NASA's budget request again proposes a reduction in the funds
necessary to clearly articulate and achieve the Nation's
immediate and long-term space exploration goals. Unfortunately,
the budget request reflects flagging commitment on the part of
NASA to present a bold vision with distinct milestones and
costs necessary to support an exploration program that engages
the nation, inspires new generations of scientists and
engineers, and contributes to the economic success and space
leadership standing of the United States.
Space Launch System.--The recommended level of
$1,850,000,000 for launch vehicle development includes no less
than $50,000,000 for continued enhanced upper stage (EUS)
development. NASA shall provide the Committee with a report no
later than 120 days after enactment of this Act describing
investments to date on the EUS and a spend plan with milestones
for the funds provided in fiscal year 2016. In addition, NASA
shall continue submitting quarterly reports on SLS spending by
major program element, as first required in the statement
accompanying Public Law 112-55. Finally, the Committee directs
that, to the maximum extent possible, NASA shall ensure that
all vehicle development funding leverages existing investments;
promotes efficiency through commonality of design and
simultaneous development; and minimizes the need for redesigns
or other costly changes affecting future SLS vehicle
configurations.
Orion.--The recommendation provides the requested level of
$1,096,300,000 for the Orion program. NASA shall provide
quarterly briefings to the Committee on efforts to address
parachute issues that arose during the December 2014 test
flight and to address heat shield issues that NASA has been
working to resolve since 2013. These updates shall include the
overall status of Orion and its ability to ride on SLS for
Exploration Mission (EM)-1. Further, the Committee is concerned
that NASA's current schedule does not provide adequate time to
fully test all systems necessary to support humans prior to EM-
2. NASA shall provide the Committee with an assessment, no
later than the second quarter of fiscal year 2016, of its
ability to test all human-rated systems on EM-1.
Integrated launch readiness.--The recommendation includes
$53,000,000 as requested for SLS, Orion and ground system
integration activities. These funds will address coordination
issues among the three programs and ensure that they are
progressing in tandem toward EM-1 and future missions. Further,
the Committee understands that NASA will determine an
integrated launch readiness date for the EM-1 mission by
December 2015. NASA shall notify the Committee no later than 10
days after that determination. In addition, to provide the
Committee with a greater understanding of the complete costs of
an integrated SLS/Orion program, NASA shall submit a
comprehensive plan, with yearly budgets by component including
various ground facilities and quarterly milestones, to achieve
an integrated launch readiness dates for EM-1 and EM-2. This
report shall also provide an analysis of various capabilities
that will be provided with 70, 105, and 130 metric ton
capabilities, to include the yearly costs necessary to proceed
with this incremental approach. As noted elsewhere in this
report, the Committee understands that various risks need to be
retired in the integrated program prior to safely transporting
humans. Nothing in this report or accompanying Act directs NASA
to proceed with any human spaceflight programs until all of the
risks have been retired.
Exploration goals.--The recommendation includes a
substantial investment in NASA's exploration program, but as
noted earlier the goals of the program beyond EM-2 are not
well-defined. Within one year of enactment of this Act, NASA
shall provide the Committee with a comprehensive, multi-year
plan outlining long-term exploration goals beyond EM-2, using
the 130 metric ton SLS or a comparable launch vehicle. This
plan shall assess and propose alternative payloads, mission
capabilities, necessary propulsion, crewed and uncrewed options
and alternative destinations, such as Mars or Europa. This plan
shall include yearly funding estimates and define quarterly
milestones by mission directorate that will be necessary to
achieve a range of possible missions, which will enable a more
frequent SLS launch tempo than currently projected by NASA.
This plan shall also incorporate funding estimates and
milestones necessary to complete the EUS for EM-2 and
additional missions beyond EM-2.
Commercial Crew.--The recommendation includes
$1,000,000,000 for the Commercial Crew program. The Committee
understands and is concerned that some project milestones have
slipped for a variety of reasons. NASA shall continue
submitting quarterly reports on the status of the Commercial
Crew Integrated Capability and Commercial Crew Transportation
Capability contracts. NASA also shall provide an assessment
within 90 days of enactment of this Act on the need to reserve
flights on the Soyuz capsule in tandem with the Commercial Crew
program in 2017 and 2018.
Exploration Research and Development (R&D).--The
recommendation includes $350,000,000 for Exploration R&D.
Within amounts provided, the Committee expects NASA to support
the National Space Biomedical Research Institute at the budget
request. The Committee urges NASA to continue its work with the
private sector to develop exploration capabilities such as
advanced propulsion, habitats and landers that may be used with
Orion and SLS and are necessary to enable space and human
exploration to the Moon, Mars, and other deep space
destinations.
SPACE OPERATIONS
The Committee recommends $3,957,300,000 for Space
Operations, which is $129,500,000 above fiscal year 2015 and
$46,400,000 below the request.
International Space Station (ISS) operations.--The
Committee remains concerned, particularly in light of NASA's
proposal to extend the life of the Station through 2024, that
annual ISS operations costs are increasing. NASA must continue
to implement cost savings measures with the goal of slowing and
reducing the ISS operations budget while maximizing research
opportunities. All reductions from the request level shall be
implemented in the operations budget rather than ISS research
or crew and cargo transportation.
ISS research.--NASA's budget request continues to allocate
insufficient funding and effort to ISS research. The Committee
believes that this imbalance must be addressed by directing a
greater share of research funding to actual physical and
biological science research, and directs NASA to provide a
strategy for accomplishing this goal over the next five fiscal
years. This strategy shall be provided no later than 120 days
after the enactment of this Act.
21st Century Space Launch Complex.--This program is
designed to modernize and upgrade both Wallops Flight Facility
and Kennedy Space Center launch and range complexes. The
recommendation includes the requested level of $23,300,000 for
the 21st Century Space Launch Complex. NASA shall provide
periodic updates to the Committee regarding status of the
Wallops Flight Facility and its ability to resume commercial
launches. The Committee supports maintaining launch sites
serving the International Space Station at both the Kennedy
Space Center and the Wallops Flight Facility to ensure
uninterrupted domestic cargo access to the Station.
Commercial cargo losses.--NASA shall submit a report within
180 days of enactment of this Act on all anomalies and losses
in the commercial cargo program and how any such anomalies have
been corrected.
EDUCATION
The Committee recommends $119,000,000 for Education, which
is the same as fiscal year 2015 and $30,100,000 above the
request.
National Space Grant College and Fellowship Program.--The
recommendation includes $40,000,000 for the Space Grant
program, which is the same as fiscal year 2015. The Committee
is concerned that NASA's overhead for this program is about 19
percent. NASA shall make every effort to achieve efficiencies
to ensure that no more than 5 percent of the amounts provided
for the program are used for administration and other overhead
costs. In addition, the Committee is aware that NASA is
planning for an independent evaluation of the Space Grant
program. NASA is encouraged to ensure that there is no gap in
Space Grant operations while the evaluation is underway. NASA
shall provide the Committee with periodic updates regarding the
status of the evaluation process.
Experimental Program to Stimulate Competitive Research
(EPSCoR).--The recommendation includes $18,000,000 for EPSCoR,
which is the same as fiscal year 2015.
Youth service organizations.--The Committee notes that NASA
has worked in partnership with youth service organizations,
including those with a nationwide footprint, to engage K-12
students in STEM-related activities and to help encourage those
students to pursue future STEM-related studies and careers.
These efforts are an effective way to help build the strong
STEM workforce needed to ensure a globally competitive U.S.
economy. NASA is directed to continue its K-12 STEM education
efforts with youth service organizations and to report to the
Committee on these efforts no later than 90 days after the
enactment of this Act. In addition, the Committee urges NASA to
leverage its extensive partnerships with the private sector to
further promote STEM learning and STEM activities for young
people.
STEM Education and Accountability Programs (SEAP).--NASA
shall brief the Committee on the intended distribution of SEAP
resources to individual activities; how that distribution
compares to the fiscal year 2015 distribution of SEAP funding;
how that distribution supports the priorities contained in the
government-wide STEM education strategic plan; and what
partnerships NASA has formed through its various SEAP programs
with Hispanic Serving Institutions and Historically Black
Colleges and Universities.
SAFETY, SECURITY AND MISSION SERVICES
The Committee recommends $2,768,600,000 for Safety,
Security and Mission Services, which is $9,700,000 above fiscal
year 2015 and $74,500,000 below the request.
Security.--NASA shall continue to submit quarterly reports
as directed in fiscal year 2014 on the status of implementing
recommendations from the NASA OIG regarding the occurrence of
security violations and a lack of accountability for those
violations at the Langley and Ames Research Centers, as well as
findings of the National Academy of Public Administration
regarding problems and vulnerabilities in NASA's agency-wide
security controls and practices. In addition, NASA shall ensure
that all employees and contract employees, as appropriate,
receive counterintelligence training. NASA also shall brief the
Committee within 30 days of enactment of this Act and quarterly
thereafter regarding collaboration with the FBI with respect to
implementation of other counterintelligence protocols
throughout NASA facilities.
Working Capital Fund (WCF) reporting.--NASA shall continue
to submit quarterly reports to the Committee on the
expenditures and unobligated balances of NASA's WCF, as first
required in the statement accompanying Public Law 112-55.
Independent Verification and Validation (IV&V).--NASA shall
ensure that it allocates sufficient funds toward IV&V
activities and that, if necessary, NASA shall fund any
additional IV&V activities from within the mission directorates
that make use of IV&V services.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee recommends $425,000,000 for Construction and
Environmental Compliance and Restoration, which is $5,900,000
above fiscal year 2015 and $40,300,000 below the request. The
recommended level includes $350,000,000 for Construction and
$75,000,000 for Environmental Compliance. Within these amounts,
the Committee is supportive of the budget request for the
ongoing, multi-year revitalization plan at the Measurement
Systems Laboratory.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $37,400,000 for the OIG, which is
$400,000 above fiscal year 2015 and the same as the request.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The Committee has included the following administrative
provisions for NASA:
The bill includes a provision that makes funds for any
announced prize available without fiscal year limitation until
the prize is claimed or the offer is withdrawn.
The bill includes a provision that establishes terms and
conditions for the transfer of funds.
The bill includes a provision that requires NASA to submit
its agency spending plan at the activity level and subjects
both the spending plan and specified changes to that plan to
reprogramming procedures under section 505 of this Act.
The bill includes a provision that allows the transfer of
balances under a previous appropriations account structure to
the new appropriations account structure.
National Science Foundation
The Committee recommends $7,394,205,000 for the National
Science Foundation (NSF), which is an increase of $50,000,000
above fiscal year 2015 and $329,345,000 below the request.
Transparency and accountability.--The Committee supports
section 106 of the America COMPETES Reauthorization Act of
2015, H.R. 1806, as reported, that enhances transparency and
accountability of NSF grants by requiring that public award
abstracts articulate how the projects serve the national
interest. The Committee understands that NSF has already taken
steps to implement these transparency processes. NSF is
directed to comply with section 106 and provide periodic
updates to the Committee on its transparency activities.
Replication of scientific research.--The Committee concurs
that the gold standard of science is the ability of a research
lab to reproduce a method and finding. NSF shall develop
guidelines and present a plan to the Committee within 180 days
of enactment of this Act to ensure that research conducted by
NSF grantees is replicable.
Technology transfer.--NSF shall allow public and private
nonprofit technology transfer organizations that facilitate or
accelerate commercialization of technologies developed by one
or more institutions of higher education to apply as prime
investigators for grants that are focused on commercialization
of technology.
Innovation Corps.--The Committee commends the NSF's
Innovation Corps for its work in supporting entrepreneurship
and commercialization of technologies produced by NSF grantees.
The Committee encourages the NSF to continue to work with other
Federal agencies to enable researchers funded by those agencies
to be eligible to participate in the Innovation Corps.
Ocean sciences.--The Committee notes that the 2015-2025
Decadal Survey of Ocean Sciences calls for immediate reductions
in academic fleet costs for operations and maintenance. Prior
to implementation of such reductions, the Committee directs NSF
to submit in its fiscal year 2017 budget request a
comprehensive plan to balance the need for fleet cost
reductions with the retention of unique research capabilities
within the fleet.
RESEARCH AND RELATED ACTIVITIES
The Committee recommends $5,983,645,000 for Research and
Related Activities, which is an increase of $50,000,000 above
fiscal year 2015 and $202,655,000 below the request. The
Committee directs NSF to ensure that Mathematical and Physical
Sciences; Computer and Information Science and Engineering;
Engineering; and Biological Sciences comprise no less than 70
percent of the funding within Research and Related Activities.
Further, the Committee directs that NSF allocate no less than
the fiscal year 2015 levels for the Office of International
Science and Engineering; Integrative Activities; and the U.S.
Arctic Commission. NSF shall ensure that its peer review
process includes a variety of analysis and input from divergent
views.
Neuroscience.--The recommendation includes $146,930,000 for
research related to the Brain Research through Advancing
Innovative Neurotechnologies (BRAIN) initiative and cognitive
science and neuroscience research. NSF is uniquely positioned
to advance the nonmedical aspects of cognitive science and
neuroscience, particularly through interdisciplinary science,
computational models, visualization techniques, innovative
technologies, and the underlying data and data infrastructure
needed to transform our understanding of these areas. The
Committee encourages NSF to continue to work in conjunction
with the Interagency Working Group on Neuroscience as well as
BRAIN the initiative to accelerate understanding of how the
brain functions.
The Committee looks forward to the National Brain
Observatory working group's report on the use of the data
infrastructure of the NSF, the Department of Energy's national
laboratory network, and other applicable agencies to help
neuroscientists collect, standardize, manage, and analyze the
large amounts of data that will result from research attempting
to understand how the brain functions. Of the amount provided
for the BRAIN initiative and cognitive science and neuroscience
research, $3,000,000 is provided to begin implementation of
this initiative.
International Coordination on Neuroscience Research.--
Within the amounts provided for NSF, funds are included to
continue support for an annual international conference on
neuroscience. This conference should convene government
representatives, neuroscience researchers, private and non-
profit institutions, and others to come together to share
research and foster collaboration around neuroscience-related
activities. NSF shall report to the Committee on the results of
the first such conference.
Advanced Manufacturing.--The recommendation includes
$176,570,000 for the Advanced Manufacturing initiative. Future
economic prosperity in the United States will depend largely on
our ability to develop and manufacture new products based on
advanced technologies, both for the domestic market and for
export. Basic research supported through NSF and other Federal
science agencies is critical to this effort because it will
help provide the foundation for the development of new products
and technologies by the private sector.
Astronomical Sciences Portfolio Review.--The Committee
recognizes that the continued operation of the NSF network of
astronomical observatories is a strategic asset to the nation,
and that each observatory serves a specific need in
Astronomical Sciences. These observatories have resulted from
strong Federal investment and the observatories shall remain
under NSF operation where possible. NSF shall not implement any
final divestment of infrastructure tied to the findings of its
2012 Astronomical Sciences Portfolio Review without first
reporting such actions to the Committee. Further, such actions
shall be carried out in accordance with any relevant
reprogramming requirements.
High-performance computing.--The Committee urges NSF to
continue its commitment to modernizing its world-class big data
and high-performance computing, which support all areas of
scientific research and education, including the most demanding
scientific challenges.
International Ocean Drilling Program (IODP).--The
recommendation provides $50,000,000, as requested, for the
IODP. The Committee recognizes that IODP has recently
undertaken an effort to maximize efficiencies within its budget
and to increase public-private partnership opportunities to
bring in additional revenue. NSF shall require IODP to
implement additional infrastructure account-wide efficiency
measures only to the extent that the operation time for the
JOIDES Resolution is not impacted. NSF shall continue to
maximize international and industry partner investments in this
program.
Dyslexia.--The Committee encourages NSF to continue funding
meritorious research on dyslexia and other learning
disabilities.
Domestic manufacturing.--The Committee encourages NSF to
continue to support meritorious research on the U.S. steel
industry.
International collaborations.--The Committee encourages NSF
to continue to support meritorious collaborative academic
research between United States and strategic international
partners, including Israel, with the intent of advancing
science.
Experimental Program to Stimulate Competitive Research
(EPSCoR).--The recommendation includes $160,000,000 for the
EPSCoR program, which is the same as the fiscal year 2015
level.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends $200,030,000 for Major Research
Equipment and Facilities Construction, which is $730,000 below
fiscal year 2015 and $280,000 below the request.
Large Synoptic Survey Telescope (LSST).--The recommendation
includes $99,670,000, the requested amount, for the LSST. The
LSST, which was ranked as the top large ground-based astronomy
project by the National Research Council 2010 Decadal Survey,
will produce the deepest, widest-field sky image ever, and
issue alerts for moving and transient objects within 60 seconds
of discovery. NSF shall provide quarterly briefings to the
Committee on the status of this project, to include updates on
addressing the issues identified by the NSF Inspector General
in its 2015 Management Challenges report.
EDUCATION AND HUMAN RESOURCES
The Committee recommends $866,000,000 for Education and
Human Resources, which is the same as fiscal year 2015 and
$96,570,000 below the request.
Advanced Technological Education (ATE).--The recommendation
provides no less than the fiscal year 2015 level for the ATE
program.
Broadening participation programs.--To broaden the
participation of underrepresented populations in STEM education
programs and, ultimately, the STEM workforce, the
recommendation provides no less than $35,000,000 for the
Historically Black Colleges and Universities Undergraduate
Program; $46,000,000 for the Louis Stokes Alliance for Minority
Participation; and $14,000,000 for the Tribal Colleges and
Universities Program. In addition, the Committee reminds NSF
about the America COMPETES Act of 2010, which directed NSF to
establish a new program for Hispanic Serving Institutions
(HSIs) and authorized $30,000,000 for this purpose. NSF shall
report to the Committee on the distribution of HSI targeted
opportunities across programs and demonstrate a $30,000,000
investment no later than September 30, 2016.
Informal STEM learning.--The recommendation provides
$65,000,000 for the Advancing Informal STEM learning program.
Of the amount provided, no less than $5,000,000 is for
increasing minority interest in STEM disciplines by providing
out of classroom educational experiences that are aligned with
college and career readiness standards. Efforts should be
focused on organizations that have demonstrated capacity to
serve minority youth in informal STEM settings.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The Committee recommends $325,000,000 for Agency Operations
and Award Management, which is the same as fiscal year 2015 and
$29,840,000 below the request.
Headquarters.--NSF shall keep the Committee informed
regarding overall status of the new headquarters building.
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommends $4,370,000 for the National
Science Board, which is the same as fiscal year 2015 and the
request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $15,160,000 for the Office of the
Inspector General (OIG), which is $730,000 above fiscal year
2015 and the same as the request.
Management challenges.--The OIG shall brief the Committee
on a quarterly basis regarding NSF's progress in addressing
issues raised in various OIG reports and alert memos.
ADMINISTRATIVE PROVISION
The bill includes a provision that establishes thresholds
for the transfer of funds.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The Committee recommends $9,200,000 for the Commission on
Civil Rights, which is the same as fiscal year 2015 and
$213,000 below the request.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The Committee recommends $364,500,000 for the Equal
Employment Opportunity Commission (EEOC), which is the same as
fiscal year 2015 and $8,612,000 below the request. The
recommendation includes language making up to $29,500,000
available for payments to State and local enforcement agencies.
Testers.--The EEOC has a critical mission to stop and
redress employment discrimination in our country. In fiscal
year 2014, the Commission received over 88,000 charges of
employment discrimination from individuals across the United
States. The Committee maintains its long-standing concern that
the use of testers diverts the EEOC from its core mission to
assess the validity of and take action on potentially colorable
charges of employment discrimination, and was dismayed to learn
that Federal funds have been used to support tester programs by
one of the EEOC's Fair Employment Practice Agencies. Federal
payments to State and local agencies are not appropriate to pay
for testers. The Committee directs the Commission to maintain
its current restriction on the use of Federal funds for this
purpose and to focus its resources on reducing the backlog of
current charges pending at the EEOC rather than prioritizing
systemic cases in which no complaint was filed by an actual/
former employee or applicant.
Backlog reduction.--The Committee expects the EEOC to
continue to prioritize inventory reduction and to examine new
ways to address the backlog and increase productivity. EEOC
shall provide an annual report on the backlog, to include data
on the number and pendency of charges, on any changes to EEOC's
priority charge handling procedures, and the effect of such
changes on inventory reduction.
Conciliation.--The Committee is concerned with the EEOC's
pursuit of litigation absent good faith conciliation efforts.
The Committee directs the EEOC to engage in such efforts before
undertaking litigation.
International Trade Commission
SALARIES AND EXPENSES
The Committee recommends $84,500,000 for the International
Trade Commission (ITC), which is the same as fiscal year 2015
and $47,000,000 below the request.
Internal controls.--The Committee is pleased with ITC's
progress in addressing internal control issues identified in
audits. However, ITC must continue to take aggressive action to
address any remaining shortcomings.
Cybersecurity.--ITC handles sensitive and proprietary data
and therefore is a potential target for cyber attacks. The
Committee expects ITC to prioritize efforts to improve its
cybersecurity posture. The Committee also encourages ITC to
work with other relevant Federal agencies to inform its
actions.
Building lease.--The Committee is aware that the ITC's
current building lease is scheduled to expire in August 2017.
The Committee directs ITC to submit a report, no later than 90
days after enactment of this Act, identifying lower cost
alternatives.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The Committee recommends $300,000,000 for the Legal
Services Corporation (LSC), which is $75,000,000 below fiscal
year 2015 and $152,000,000 below the request.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The bill continues restrictions on the uses of LSC funding.
None of the funds appropriated in this Act to the LSC shall be
expended for any purpose prohibited or limited by, or contrary
to any of the provisions of, sections 501, 502, 503, 504, 505,
and 506 of Public Law 105-119, and all funds appropriated in
this Act to the LSC shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2015 and 2016, respectively.
Unauthorized uses of funds.--The Inspector General (IG) of
the LSC is encouraged to conduct annual audits of LSC grantees
to ensure that funds are not used in contravention of the
restrictions on engaging in political activities, representing
illegal immigrants, or any of the other restrictions by which
LSC grantees are required to abide. The Committee recommends
the removal of funds from any LSC grantee determined by the IG
to have engaged in unauthorized activity.
The Committee directs LSC to ensure grantees, to the extent
required by State law and court rulings, reimburse attorney's
fees in cases in which they are responsible for attorney's
fees.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee recommends $3,340,000 for the Marine Mammal
Commission, which is the same as fiscal year 2015 and $91,000
below the request.
Office of the United States Trade Representative
SALARIES AND EXPENSES
The Committee recommends $54,250,000 for the Office of the
U.S. Trade Representative (USTR), which is the same as fiscal
year 2015 and $2,018,000 below the request.
China.--The Committee expects that USTR will coordinate and
implement a comprehensive and vigorous strategy to address the
United States' trade imbalance with China. Within the amounts
provided, the USTR is encouraged to maintain staff who can
translate trade documents that USTR receives from China. The
Committee believes that USTR should have its own translators on
staff given the challenges associated with enforcing existing
U.S. trade laws with China.
U.S.-India bilateral trade and investment.--The Committee
notes the importance of U.S.-India bilateral trade and
investment. However, the Committee is concerned that India,
while striving to improve its economic growth, has been
enacting a series of policies to increase domestic
manufacturing and protect domestic industries and agricultural
production that discriminate against U.S. exports and
investment. The Committee is concerned about the standards of
IP protection and forced localization measures, as well as the
unfair treatment by India of U.S. exports of American-produced
boric acid, the illegal rebranding and smuggling of U.S.-grown
almonds into India, and a whole host of other market access
issues. The Committee understands the Trade Representative has
raised these unfair barriers to trade multiple times with the
Indian government and supports the efforts of USTR to resolve
these issues.
Free trade agreements.--The Committee directs USTR to
continue to pursue free trade agreements with additional
countries and trading blocs to continue advancing trade to and
from the United States.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $5,121,000 for the State Justice
Institute, which is the same as fiscal year 2015 and the
request.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employees; (5) reorganizes or renames offices, programs, or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects, or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds. For the
Department of Justice, the notification requirement is 45 days
in advance.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract made with funds
made available in this Act. The section further provides that
to the extent practicable, with respect to purchases of
promotional items, funds made available under this Act shall be
used to purchase items manufactured, produced, or assembled in
the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 limits the obligation of receipts deposited
into the Crime Victims Fund at $2,705,164,000 during fiscal
year 2016, an increase of $344,164,000 above the fiscal year
2015 level of obligations. This language is continued to ensure
that a stable level of funds will remain available for the
program, despite inconsistent levels of fines deposited
annually into the Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds made available
in this Act to any department, agency or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this Act or any other
appropriations Act.
Section 513 provides that funds provided in this Act for E-
Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
Section 514 requires certain timetables and procedures for
specified audits performed by Inspectors General of the
departments and agencies funded in this Act and sets limits and
restrictions on the awarding and use of grants or contracts
funded by amounts appropriated by this Act.
Section 515 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered by this section shall consult with the Federal
Bureau of Investigation (FBI) and other relevant agencies when
reviewing supply chain risks and making a determination that
the acquisition is in the national interest. The FBI is working
to develop standards that agencies should use when assessing
acquisition risks. Each department or agency covered by this
section is directed to ensure it is following the criteria
established by the FBI and the National Institute of Standards
and Technology when acquiring or renewing certain information
systems. Each department or agency covered under this section
shall submit a quarterly report to the Committees on
Appropriations of the House and Senate describing reviews and
assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 516 prohibits the use of funds made available in
this Act to support or justify the use of torture by any
official or contract employee of the United States Government.
Section 517 permanently prohibits the use of funds to
require certain export licenses.
Section 518 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 519 prohibits the use of funds made available in
this Act to include certain language in trade agreements.
Section 520 prohibits the use of funds made available in
this Act to authorize or issue a national security letter (NSL)
in contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 521 requires congressional notification regarding
any project within the Departments of Commerce or Justice, the
National Science Foundation or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 522 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2016 until the enactment of the Intelligence Authorization Act
for fiscal year 2016.
Section 523 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
(RESCISSIONS)
Section 524 provides for rescissions of unobligated
balances from the Departments of Commerce and Justice.
Section 525 prohibits the use of funds made available in
this Act for the purchase of first class or premium air travel
in contravention of certain Federal travel regulations.
Section 526 prohibits the use of funds made available in
this Act to pay for the attendance of more than 50 department
or agency employees at any single conference outside the United
States, unless the conference is a law enforcement training or
operational event where the majority of Federal attendees are
law enforcement personnel stationed outside the United States.
Section 527 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to or
within the United States, its territories, or possessions.
Section 528 prohibits the use of funds in this or any other
Act to construct, acquire, or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at United
States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or control of the
Department of Defense.
Section 529 requires, when practicable, the use of funds in
this Act to purchase light bulbs that have the ``Energy Star''
or ``Federal Energy Management Program'' designation.
Section 530 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 531 prohibits the use of funds made available in
this Act by the National Aeronautics and Space Administration
(NASA) or the Office of Science and Technology Policy (OSTP) to
engage in bilateral activities with China or a Chinese-owned
company unless the activities are authorized by subsequent
legislation or NASA or OSTP have made a certification pursuant
to subsections (c) and (d) of this section.
Section 532 permanently prohibits funds from being used to
deny the importation of shotgun models if no application for
the importation of such models, in the same configuration, had
been denied prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Section 533 prohibits the use of funds made available in
this Act to establish or maintain a computer network that does
not block pornography, except for law enforcement purposes.
Section 534 requires each department and agency funded in
the bill to submit spending plans.
Section 535 prohibits funds made available by this Act to
implement the Arms Trade Treaty until the Senate approves a
resolution of ratification.
Section 536 prohibits the use of funds to relinquish the
responsibility of the National Telecommunications and
Information Administration with respect to Internet domain name
system functions.
Section 537 prohibits funds from being used to require a
person licensed under section 923 of title 18, United States
Code, to report information to the Department of Justice
regarding the sale of multiple rifles or shotguns to the same
person.
Section 538 requires the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, and
the National Science Foundation to provide inspectors general
with timely information.
Section 539 requires a monthly report from the Department
of Commerce, the National Aeronautics and Space Administration,
the National Science Foundation, and the Office of Science and
Technology Policy on travel to China.
Section 540 prohibits funds to facilitate, permit, license,
or promote certain exports to Cuba. This section does not apply
to exports permitted under the Trade Sanctions Reform and
Export Enhancement Act of 2000.
Section 541 prohibits funds for the termination of the
Stratospheric Observatory for Infrared Astronomy.
SPENDING REDUCTION ACCOUNT
Section 542 establishes a Spending Reduction Account.
House of Representatives Reporting Requirements
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
Full Committee Votes
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Department of Commerce:
National Technical Information Service............ 10,000,000
Department of Justice:
Working Capital Fund.............................. 100,000,000
Federal Bureau of Investigation, Salaries and 120,000,000
Expenses.........................................
U.S. Marshals Service, Federal Prisoner Detention. 69,500,000
State and Local Law Enforcement Activities:
Office on Violence Against Women, Violence 15,000,000
Against Women Prevention and Prosecution
Programs.....................................
Office of Justice Programs.................... 40,000,000
Community Oriented Policing Services.......... 20,000,000
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfers of funds provided in the accompanying bill:
In title I, under Bureau of the Census, Periodic Censuses
and Programs, language is included to transfer funds to the
Department of Commerce, Office of Inspector General.
Under U.S. Patent and Trademark Office, Salaries and
Expenses, language is included to transfer funds to the Civil
Service Retirement and Disability Fund, the Federal Employees
Health Benefit Fund, the Federal Employees Group Life Insurance
Fund, and the Department of Commerce, Office of Inspector
General.
Under National Institute of Standards and Technology,
Scientific and Technical Research and Services, language is
included allowing for transfers to the Working Capital Fund.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included to
transfer funds from the Promote and Develop Fishery Products
and Research Pertaining to American Fisheries fund.
Under National Oceanic and Atmospheric Administration,
Procurement, Acquisition, and Construction, language is
included to transfer funds to the Department of Commerce,
Office of the Inspector General.
Section 103 provides for the transfer of funds between
Department of Commerce appropriations in certain circumstances.
In title II, General Administration, Justice Information
Sharing Technology, language is included allowing for the
transfer of funds.
Under General Administration, Administrative Review and
Appeals, language is included to transfer funds to the
Executive Office for Immigration Review from fees deposited in
the Immigration Examinations Fee account.
Under Legal Activities, Salaries and Expenses, Community
Relations Service, language is included allowing for the
transfer of funds in certain circumstances.
Under United States Marshals Service, Federal Prisoner
Detention, language is included transferring available
unobligated balances from General Administration, Detention
Trustee to this account.
Under National Security Division, Salaries and Expenses,
language is included allowing for the transfer of funds in
certain circumstances.
Under Federal Prison System, Salaries and Expenses,
language is included to allow the transfer of funds to the
Department of Health and Human Services.
Section 205 provides language for the transfer of funds
between Department of Justice appropriations in certain
circumstances.
In title III, under National Aeronautics and Space
Administration, Administrative Provisions, language is included
providing for the transfer of funds between appropriations in
certain circumstances.
Under National Aeronautics and Space Administration,
Administrative Provisions, language is included to allow
unexpired balances of a previous account to be transferred to
the new account established in this Act funding the same
activities.
Under National Science Foundation, Administrative
Provisions, language is included providing for the transfer of
funds between appropriations in certain circumstances.
Under General Provisions, Section 508 provides for the
transfer of funds in certain circumstances.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee notes that the
accompanying bill does not propose to repeal or amend a statute
or part thereof.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
Language is included for a number of accounts placing
limitations on representation and reception allowances in order
to reduce the amount of money that would otherwise be spent on
these activities. The bill also provides that a number of
appropriations shall remain available for obligation beyond the
current fiscal year. While these provisions are not
specifically authorized for all of the items, it is deemed
desirable to include such language for certain programs in
order to provide for orderly administration and effective use
of funds.
In title I, Department of Commerce, under International
Trade Administration, Operations and Administration, language
is included providing that funds may be used for engaging in
trade promotion activities abroad, including expenses of grants
and cooperative agreements, for the purposes of promoting
exports of U.S. firms. Language is also provided allowing for
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration; employment
of Americans and aliens by contract for services; rental of
space abroad and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; and payment of tort
claims. In addition, language is included regarding official
representation expenses abroad, purchase of passenger motor
vehicles for official use abroad, obtaining insurance on
official motor vehicles, and rental of tie lines. Language is
also recommended deriving a portion of available funds from
fees. Furthermore, language is included designating funding for
China antidumping and countervailing duty enforcement and
compliance activities. Moreover, language is included providing
for two-year availability of funds. Finally, language is
included regarding the contributions under the Mutual
Educational and Cultural Exchange Act of 1961.
Under Bureau of Industry and Security, Operations and
Administration, the language provides for no-year availability
of funds. Language is included regarding the costs associated
with the performance of export administration field activities
both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for
services abroad; payment of tort claims; official
representation expenses abroad; awards of compensation to
informers; and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use without
regard to any price limitation established by law. In addition,
language is included regarding the Mutual Educational and
Cultural Exchange Act of 1961. Finally, language is recommended
providing that payments and contributions collected and
accepted for materials or services may be retained for use in
covering the cost of those activities and other communications.
Under Economic Development Administration, Economic
Development Assistance Programs, the language provides for no-
year availability of funds.
Also, under Salaries and Expenses, language is included
regarding the monitoring of approved projects.
Under Minority Business Development Agency, Minority
Business Development, language is included making funds
available for fostering, promoting, and developing minority
business enterprises, including expenses of grants, contracts
and other agreements.
Under Economic and Statistical Analysis, Salaries and
Expenses, language is included providing for two-year
availability of funds.
Under Bureau of the Census, Current Surveys and Programs,
language is included providing that funds may be used for
collecting, compiling, analyzing, preparing and publishing
statistics and for promotion, outreach and marketing
activities. Language is also included requiring the collection
of certain data in a certain survey.
Also, under Periodic Censuses and Programs, language is
included providing two-year availability of funds. Language is
also included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities. In addition,
language is included providing for a transfer to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the Bureau of
the Census. Finally, language is included withholding funds for
certain Census information technology projects until the Bureau
submits an expenditure plan.
Under National Telecommunications and Information
Administration, Salaries and Expenses, language is included
providing for two-year availability of funds. Language is also
included permitting the Secretary of Commerce to charge Federal
agencies for costs in spectrum management, analysis,
operations, and related services; and to use such collections
in telecommunications research. The language also allows the
Secretary to retain and use as offsetting collections all funds
transferred, or previously transferred for telecommunications
research, engineering and activities by the Institute for
Telecommunication Sciences of NTIA. Finally, language is
included providing that funds so transferred shall remain
available until expended.
Also, under Public Telecommunications Facilities, Planning
and Construction, language is included allowing recoveries and
unobligated balances of funds previously appropriated to be
available for the administration of all open grants until their
expiration.
Under United States Patent and Trademark Office, Salaries
and Expenses, language is included providing that appropriated
funds be reduced as offsetting collections are assessed and
collected. Language is including making funds available until
expended and providing that funds received in excess of
appropriations be deposited in a Patent and Trademark Fee
Reserve fund, to be available until expended pursuant to the
Director submitting a spending plan subject to section 505 of
this Act, after which the funds shall be transferred to the
Salaries and Expenses account. In addition, language is
included limiting representation expenses. Language is also
included regarding basic pay and certain retirement benefits.
Additional language is included regarding USPTO's financial
statements. Furthermore, language is included providing that
fees and surcharges charged are available to USPTO pursuant to
section 42(c) of title 35, United States Code. Finally, the
language provides that an amount be transferred to the Office
of Inspector General (OIG).
Under National Institute of Standards and Technology,
Scientific and Technical Research and Services, language is
included providing for no-year availability of funds. In
addition, language is included allowing transfers to the
working capital fund. Language is included limiting funds for
official reception and representation expenses. Finally,
language is included allowing NIST to provide local
transportation for a certain fellowship program.
Also, under Industrial Technology Services, language is
included providing no-year availability of funds. The language
also designates an amount for the Manufacturing Extension
Partnership.
In addition, under Construction of Research Facilities,
language is included providing for no-year availability of
funds. Language is also included regarding the submission of
certain materials in support of construction budget requests.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included
allowing for two-year availability for funds, except for
cooperative enforcement funds, which are available for three
years. Language is also included allowing maintenance,
operation, and hire of aircraft and vessels; grants, contracts,
or other payments to nonprofit organizations for the purposes
of conducting activities pursuant to cooperative agreements;
and relocation of facilities. Language is included allowing
fees and donations received by a particular office to be
retained and used for expenses related to certain activities.
In addition, language is included that provides that certain
funds be derived from various sources and restricting their use
to certain activities. Furthermore, language is included
limiting the amount of funds that can be provided for corporate
services administrative support. Moreover, language is included
specifying that deviations from amounts included in the report
accompanying the Act shall be subject to section 505 of this
Act. Finally, language is included providing for retired pay
expenses.
Also, under Procurement, Acquisition and Construction,
language is included providing for three-year availability for
funds, except for construction funds, which are available until
expended. Language is also included providing that certain
funds be derived from various sources. In addition, language is
included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Language is included regarding the submission of
certain materials in support of construction budget requests.
Finally, language is included transferring an amount to the
OIG.
In addition, under Pacific Coastal Salmon Recovery,
language is included providing for two-year availability of
funds. Language is also included allowing the Secretary of
Commerce to issue grants to specific States and federally
recognized tribes for conservation projects for listed
endangered or threatened salmon and steelhead populations,
populations at risk to be so listed, and for maintaining
populations necessary for the exercise of tribal treaty fishing
rights, and for conservation of Pacific coastal salmon and
steelhead habitat, to be allocated under scientific and merit
principles and not available for marketing activities; and
requiring a State match.
Furthermore, under Fishermen's Contingency Fund, language
is included providing for the appropriation of funds to be
derived from receipts collected pursuant to Title IV of Public
Law 95-372.
Moreover, under Fisheries Finance Program Account, language
is included placing limitations on individual fishing quota
loans and traditional direct loans.
Under Departmental Management, Salaries and Expenses,
language is included limiting funds for official reception and
representation expenses.
Under Renovation and Modernization, language is included
making funds available until expended for security systems and
blast-resistant windows.
Under Department of Commerce, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 101 makes funds available for advanced
payments only upon certification of officials
designated by the Secretary that such payments are
considered to be in the public interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for
services, and for uniforms and allowances as authorized
by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts
and requiring notification to the Committee of certain
actions.
Section 104 extends Congressional notification
requirements for NOAA satellite programs.
Section 105 provides for reimbursement for services
within Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child
pornography, copyright infringement, or any other
unlawful activity over their networks.
Section 107 provides the Administrator with the
authority to avail NOAA of needed resources, with the
consent of those supplying the resources, to carry out
responsibilities of any statute administered by NOAA.
Section 108 prohibits the National Technical
Information Service from charging customers for certain
publications, except under certain conditions and
requires charges be limited to recovering costs.
Section 109 provides the Secretary with the authority
to waive bond requirements for the construction,
alteration, or repair of vessels.
Section 110 permits use of certain unobligated
balances for certain activities authorized by the
Revitalizing American Manufacturing Act.
In title II, Department of Justice, under General
Administration, Salaries and Expenses, language is included
providing for an amount for security and construction of
Department of Justice facilities, which shall remain available
until expended.
Also, under Justice Information Sharing Technology,
language is included providing that funds be available until
expended. Language is also included allowing transfers up to a
certain amount to this account for information technology
initiatives.
In addition, under Administrative Review and Appeals,
language is included providing that an amount shall be derived
by transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee'' account.
Language is also included making an amount available until
expended for certain purposes.
Moreover, under Office of Inspector General, language is
included providing for not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
Under Legal Activities, Salaries and Expenses, General
Legal Activities, language is included providing not to exceed
$20,000 for expenses of collecting evidence, to be expended
under the direction of, and to be accounted for solely under
the certificate of, the Attorney General. Language is also
included providing for rental of space in the District of
Columbia. Language is included making an amount available until
expended for litigation support contracts. In addition,
language is included making certain funds available to INTERPOL
available until expended. Also, language is included limiting
the amount of funds for official representation and reception
expenses available to INTERPOL Washington. Furthermore,
language is included providing funds to the Civil Rights
Division for expenses associated with election monitoring,
authority to reimburse the Office of Personnel Management for
such expenses, and availability of such funds until expended.
Finally, language is included for expenses associated with
processing cases under the National Childhood Vaccine Injury
Act of 1986.
Also, under Salaries and Expenses, Antitrust Division,
language is included providing for no-year availability of
funds. The language also provides that fees collected for
premerger notification filings, regardless of the year of
collection, shall be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended.
In addition, under Salaries and Expenses, United States
Attorneys, language is included regarding inter-governmental
and cooperative agreements and limiting funds for official
reception and representation expenses. Language is also
included extending the availability of certain funds. Finally,
language is included requiring each United States Attorney to
establish or participate in a task force on human trafficking.
Furthermore, under United States Trustee System Fund,
language is included regarding refunds due depositors. Language
is also included providing for the extended availability of
certain funds and the use of offsetting collections.
Moreover, under Fees and Expenses of Witnesses, language is
included regarding contracts for the procurement and
supervision of expert witnesses. In addition, language is
included regarding funds for construction of buildings for
safesites, armored and other vehicles, and telecommunication
equipment. The language also provides for no-year availability
of funds. In addition, language is included providing no funds
may be transferred pursuant to section 205 of this Act.
And under Salaries and Expenses, Community Relations
Service, language is included regarding the transfer of funds
for conflict resolution and violence prevention activities,
which shall be subject to the provisions of section 505 of this
Act.
Under United States Marshals Service, Salaries and
Expenses, language is included limiting official reception and
representation expenses, and providing for no-year availability
for part of the appropriation.
Also, under Construction, language is included providing
for no-year availability of funds.
In addition, under Federal Prisoner Detention, language is
included providing for no-year availability of funds. Language
is also included providing that the United States Marshals
Service shall be responsible for managing the Justice Prisoner
and Alien Transportation System. In addition, language is
included limiting the amount of funds considered ``funds
appropriated for State and local law enforcement assistance''.
Finally, language is included transferring to this account
unobligated balances from funds appropriated in prior years to
the Detention Trustee.
Under National Security Division, Salaries and Expenses,
language is included providing for the no-year availability of
funds for IT systems. Language is also included providing that
upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of
the National Security Division, the Attorney General may
transfer such amounts to this heading from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances. The language provides such a transfer be treated
as a reprogramming under section 505 of this Act.
Under Interagency Law Enforcement, Interagency Crime and
Drug Enforcement, language is included providing for no-year
availability for some of the funds. Language is also included
regarding authorities under which funds may be used.
Under Federal Bureau of Investigation, Salaries and
Expenses, language is included providing for no-year
availability of certain funds. Language is included providing
for a limitation on representational expenses.
Under Construction, language is included specifying the
purpose of the appropriation and making it available until
expended.
Under Drug Enforcement Administration, Salaries and
Expenses, language is included providing for funds to meet
unforeseen emergencies of a confidential character. Language is
also included allowing conduct of drug education and training
programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs. In
addition, language is included providing for no-year
availability of certain funds. Finally, language is included
providing for a limitation on representational expenses.
Under Bureau of Alcohol, Tobacco, Firearms and Explosives,
Salaries and Expenses, language is included allowing training
of State and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection, and allowing provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement. Language is also included limiting
official reception and representation expenses. In addition,
language is included providing funds for the payment of
attorneys' fees. In addition, language is included providing
for no-year availability of certain funds. Additional language
is included prohibiting expenses to investigate or act upon
applications for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code. Language
is further included regarding expenses to investigate
applications filed by corporations for relief from section
925(c) of title 18, United States Code. Moreover, language is
included that prohibits funds to transfer the functions,
missions or activities of ATF to other agencies or departments.
Under Federal Prison System, Salaries and Expenses,
language is included that provides for the transfer to the
Department of Health and Human Services funds necessary for
medical relief for inmates. Language is also included that
provides authority to the Director to enter into contracts to
furnish health care. In addition, language is included placing
a limitation on funds for reception and representation
expenses. Furthermore, language is included extending the
availability of certain funds. Finally, language is included
providing authority for the Federal Prison System to accept
donated property and services.
Also, in Building and Facilities, language is included
providing for no-year availability of funds and establishing
funding levels for certain activities. Language is also
included stating labor of prisoners may be used for work under
this heading.
Additionally, under Federal Prison Industries,
Incorporated, language is included authorizing Federal Prison
Industries, Incorporated, to make such expenditures, within the
limits of funds and borrowing authority available, and in
accord with the law, and to make such contracts and
commitments, without regard to fiscal year limitations, as may
be necessary in carrying out the program set forth in the
budget for the current fiscal year for such corporation.
Furthermore, under Limitation on Administrative Expenses,
Federal Prison Industries, Incorporated, language is included
making available funds for its administrative expenses, and for
certain services, to be computed on an accrual basis to be
determined in accordance with the corporation's current
prescribed accounting system, and such amounts shall be
exclusive of depreciation, payment of claims, and expenditures
which such accounting system requires to be capitalized or
charged to cost of commodities acquired or produced, including
selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Under State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included making funds
available until expended. Language is also included placing a
limitation on funds to be made available for expenses related
to evaluation, training, and technical assistance. In addition,
language is included providing for specific appropriations for
various programs within the Office on Violence Against Women.
Furthermore, language is included making available certain
unobligated balances for specified programs. The language also
applies certain conditions to specified grants.
Also, under State and Local Law Enforcement Assistance,
language is included to provide for no-year availability of
funds. Language is also included regarding an Officer Robert
Wilson III memorial Preventing Violence Against Law Enforcement
Officer Resilience and Survivability Initiative, domestic
radicalization research, juvenile indigent defense and
convention security grants. In addition, language is included
regarding Federal immigration and other detainees housed in
State and local detention facilities. Furthermore, language is
included regarding local government use of funds to increase
the number of law enforcement officers. Language is also
included regarding DNA training and education for law
enforcement, correctional personnel, and court officers.
Finally, the language specifies appropriations for various
programs within the Office of Justice Programs.
In addition, under Juvenile Justice Programs, language is
included providing for no-year availability of funds. Language
is also included waiving a provision of law with respect to
funding for missing and exploited children programs. Finally,
the language delineates certain amounts for various programs
under this heading.
Furthermore, under Public Safety Officer Benefits, language
is included providing for no-year availability of funds.
Language is also included providing for the transfers of funds
in emergent circumstances, which shall be subject to the
provisions of section 505 of this Act.
Under Community Oriented Policing Services, Community
Oriented Policing Services Programs, language is included
providing for no-year availability of funds. Language is also
included requiring that balances available through
deobligations only be available through reprogramming. In
addition, language is included regarding transfers of funds for
anti-methamphetamine activities. There is further language
regarding certain time limitations under the Second Chance Act.
Finally, the language delineates certain amounts for various
programs under this heading.
Under Department of Justice, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 201 makes available additional reception and
representation funding for the Attorney General from
the amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of incest, rape or to
preserve the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an
abortion.
Section 204 establishes the obligation of the
Director of the Bureau of Prisons to provide escort
services to an inmate receiving an abortion outside of
a Federal facility, except where this obligation
conflicts with the preceding section.
Section 205 establishes the Committee's requirements
and procedures for transfer proposals.
Section 206 authorizes the Attorney General to extend
an ongoing Personnel Management Demonstration Project.
Section 207 prohibits the use of certain funds for
transporting prisoners classified as maximum or high
security, other than to a facility certified by the
Bureau of Prisons as appropriately secure.
Section 208 prohibits the use of funds for the
purchase or rental by Federal prisons of audiovisual
equipment, services and materials used primarily for
recreational purposes, except for those items and
services needed for inmate training, religious, or
educational purposes.
Section 209 requires review by the Deputy Attorney
General and the Department Investment Review Board
prior to the obligation or expenditure of funds for
major information technology projects.
Section 210 requires the Department to follow
reprogramming procedures prior to any deviation from
the program amounts specified in this title or the
reuse of specified deobligated funds provided in
previous years.
Section 211 prohibits the use of funds for A-76
competitions for work performed by employees of Federal
Prison Industries, Inc.
Section 212 prohibits U.S. Attorneys from holding
dual or additional responsibilities that exempt U.S.
Attorneys from statutory residency requirements.
Section 213 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be
used for training and technical assistance and permits
grant or reimbursement funds made available to the
Department to be used for criminal justice research,
evaluation and statistics.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
National Instant Criminal Background Check System
established under the Brady Handgun Violence Prevention
Act, from being used to facilitate the transfer of an
operable firearm to a known or suspected agent of a
drug cartel where law enforcement personnel do not
continuously monitor or control such firearm. This
language is made permanent.
Section 216 places limitation on the obligation of
funds from certain Department of Justice accounts and
funding sources.
Section 217 withholds certain funds from obligation
for several Department of Justice agencies until the
Attorney General has demonstrated that recommendations
from the Office of Inspector General with regard to
addressing employee misconduct have been or are in the
process of being implemented.
In title III, Science, under Office of Science and
Technology Policy, language is included providing that certain
funds be available for reception and representation expenses,
and rental of conference rooms.
Under National Aeronautics and Space Administration,
Science, language is included providing for the multi-year
availability of funds. Language is also included concerning a
planetary science mission, and a limitation on formulation and
development costs of a certain program with an associated
notification requirement.
Also, under Aeronautics, language is included providing for
the multi-year availability of funds.
In addition, under Space Technology, language is included
providing for the multi-year availability of funds.
Under Exploration, language is included providing for the
multi-year availability of funds. Language is also included
that delineates amounts for program components.
In Space Operations, language is included providing for the
multi-year availability of funds.
Additionally, under Education, language is included
providing for the multi-year availability of funds. Language is
also included delineating amounts for program components.
Under Safety, Security and Mission Services, language is
included providing for the multi-year availability of funds.
Language is also included to limit official reception and
representation expenses.
Under Construction and Environmental Compliance and
Restoration, language is included providing for the multi-year
availability of funds. Language is also included restricting
receipts and expenditures made pursuant to enhanced use lease
arrangements and requiring the inclusion of estimates in future
budget requests.
Under Office of Inspector General, language is included
providing for the multi-year availability of some funds.
In the Administrative Provisions, language is included
regarding: availability of funds for announced prizes;
limitations on transfers of funds among NASA accounts; the
submission of a spending plan; and the transfer of certain
unexpired balances.
Under National Science Foundation, Research and Related
Activities, language is included that provides for the multi-
year availability of funds. Language is also included that
governs funding availability for polar research and operational
support. In addition, language is included providing that
certain receipts may be credited to this appropriation.
Also, under Major Research Equipment and Facilities
Construction, language is included providing for no-year
availability of funds.
In addition, under Education and Human Resources, language
is included providing for the multi-year availability of funds.
Furthermore, under Agency Operations and Award Management,
language is included regarding contracts for maintenance and
operation of facilities and other services. Language is also
included limiting representation expenses, and providing for
no-year availability of some funds.
Under Office of the National Science Board, language is
included limiting funds for official reception and
representation.
Under Office of Inspector General, language is included
providing for the multi-year availability of some funds.
Under Administrative Provision, language is included
regarding transfers of funds.
In title IV, Related Agencies, under Commission on Civil
Rights, Salaries and Expenses, language is included prohibiting
expenses to employ in excess of a specific level of full-time
individuals or to reimburse Commissioners for certain billable
days. Language is also included prohibiting certain
unauthorized activities.
Under Equal Employment Opportunity Commission, Salaries and
Expenses, language is included designating an amount for
payments to State and local enforcement agencies. Language is
also included limiting funds for official reception and
representation expenses. Finally, language is included
authorizing the Chair to accept donations or gifts to carry out
the work of the Commission.
Under International Trade Commission, Salaries and
Expenses, language is included limiting funds for official
reception and representation expenses. Language is also
included providing for no-year availability of funds.
Under Legal Services Corporation, Payment to the Legal
Services Corporation, language is included regarding pay for
officers and employees. Language is also included delineating
amounts for specific programs and regarding authorities to
transfer funds. In addition, language is included designating
the Legal Services Corporation as an agency of the Federal
Government for the purposes of reprogramming.
Under Administrative Provision, Legal Services Corporation,
language is included that prohibits the use of funds for
certain activities.
Under Office of the United States Trade Representative,
Salaries and Expenses, language is included providing for the
no-year availability of some funds. Language is also included
limiting funds for official reception and representation
expenses.
Under State Justice Institute, Salaries and Expenses,
language is included limiting funds for reception and
representation expenses. Language is also included providing
for multi-year availability of some funds. In addition,
language is included designating the State Justice Institute as
an agency of the Federal Government for the purposes of
reprogramming.
In title V, General Provisions, the following general
provisions that fall within the rule are recommended:
Section 501 prohibits the use of funds for publicity
or propaganda purposes unless expressly authorized by
law.
Section 502 prohibits any appropriation contained in
this Act from remaining available for obligation beyond
the current fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting
service through procurement contracts shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection,
except where otherwise provided under existing law or
under existing Executive order issued pursuant to
existing law.
Section 504 provides that if any provision of this
Act or the application of such provision to any person
or circumstance shall be held invalid, the remainder of
the Act and the application of other provisions shall
not be affected.
Section 505 specifies requirements for the
reprogramming of funds.
Section 506 provides that if it is determined that
any person intentionally affixes a ``Made in America''
label to any product that was not made in America that
person shall not be eligible to receive any contract or
subcontract made with funds made available in this Act.
The section further provides that to the extent
practicable, with respect to purchases of promotional
items, funds made available under this Act shall be
used to purchase items manufactured, produced, or
assembled in the United States or its territories or
possessions.
Section 507 requires quarterly reporting to Congress
on the status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting
from, or to prevent, personnel actions taken in
response to funding reductions in this Act, or, for the
Department of Commerce, from actions taken for the care
and protection of loan collateral or grant property,
shall be absorbed within the budgetary resources
available to the department or agency, and provides
transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming
procedures.
Section 509 prohibits funds made available in this
Act from being used to promote the sale or export of
tobacco or tobacco products or to seek the reduction or
removal of foreign restrictions on the marketing of
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of
the same type.
Section 510 limits the obligation of certain funds.
Section 511 prohibits the use of Department of
Justice funds for programs that discriminate against or
denigrate the religious or moral beliefs of students
participating in such programs.
Section 512 prohibits the transfer of funds made
available in this Act to any department, agency or
instrumentality of the United States Government, except
for transfers made by, or pursuant to authorities
provided in, this Act or any other appropriations Act.
Section 513 provides that funds provided in this Act
for E-Government Initiatives shall be subject to the
procedures set forth in section 505 of this Act.
Section 514 requires certain timetables and
procedures for specified audits performed by Inspectors
General of the departments and agencies funded in this
Act and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts
appropriated by this Act.
Section 515 prohibits funds for acquisition of
certain information systems unless the acquiring
department or agency has reviewed and assessed certain
risks. Language is also included making such
acquisition contingent upon the development of a risk
mitigation strategy and a determination that the
acquisition is in the national interest.
Section 516 prohibits the use of funds made available
in this Act to support or justify the use of torture by
any official or contract employee of the United States
Government.
Section 517 permanently prohibits the use of funds to
require certain export licenses.
Section 518 permanently prohibits the use of funds to
deny certain import applications regarding ``curios or
relics'' firearms, parts, or ammunition.
Section 519 prohibits the use of funds made available
in this Act to include certain language in trade
agreements.
Section 520 prohibits the use of funds made available
in this Act to authorize or issue a national security
letter (NSL) in contravention of certain laws
authorizing the Federal Bureau of Investigation to
issue NSLs.
Section 521 requires congressional notification
regarding any project within the Departments of
Commerce or Justice, the National Science Foundation or
the National Aeronautics and Space Administration
totaling more than $75,000,000 that has cost increases
of 10 percent or more.
Section 522 deems funds for intelligence or
intelligence related activities as authorized by
Congress during fiscal year 2016 until the enactment of
the Intelligence Authorization Act for fiscal year
2016.
Section 523 prohibits contracts or grant awards in
excess of $5,000,000 unless the prospective contractor
or grantee certifies that the organization has filed
all Federal tax returns, has not been convicted of a
criminal offense under the Internal Revenue Code of
1986, and has no unpaid Federal tax assessment.
Section 524 provides for rescissions of unobligated
balances from the Departments of Commerce and Justice.
Section 525 prohibits the use of funds made available
in this Act for the purchase of first class or premium
air travel in contravention of certain Federal travel
regulations.
Section 526 prohibits the use of funds made available
in this Act to pay for the attendance of more than 50
department or agency employees at any single conference
outside the United States, unless the conference is a
law enforcement training or operational event where the
majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 527 prohibits the use of funds in this or any
other Act for the transfer or release of certain
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to or within the United States,
its territories, or possessions.
Section 528 prohibits the use of funds in this or any
other Act to construct, acquire, or modify any facility
in the United States, its territories, or possessions
to house certain individuals who, as of June 24, 2009,
were located at United States Naval Station, Guantanamo
Bay, Cuba, for the purposes of detention or
imprisonment in the custody or control of the
Department of Defense.
Section 529 requires, when practicable, the use of
funds in this Act to purchase light bulbs that have the
``Energy Star'' or ``Federal Energy Management
Program'' designation.
Section 530 requires tracking and reporting of
undisbursed balances in expired grant accounts.
Section 531 prohibits the use of funds made available
in this Act by the National Aeronautics and Space
Administration (NASA) or the Office of Science and
Technology Policy (OSTP) to engage in bilateral
activities with China or a Chinese-owned company unless
the activities are authorized by subsequent legislation
or NASA or OSTP have made a certification pursuant to
subsections (c) and (d) of this section.
Section 532 permanently prohibits funds from being
used to deny the importation of shotgun models if no
application for the importation of such models, in the
same configuration, had been denied prior to January 1,
2011, on the basis that the shotgun was not
particularly suitable for or readily adaptable to
sporting purposes.
Section 533 prohibits the use of funds made available
in this Act to establish or maintain a computer network
that does not block pornography, except for law
enforcement purposes.
Section 534 requires each department and agency
funded in the bill to submit spending plans.
Section 535 prohibits funds made available by this
Act to implement the Arms Trade Treaty until the Senate
approves a resolution of ratification.
Section 536 prohibits the use of funds to relinquish
the responsibility of the National Telecommunications
and Information Administration with respect to Internet
domain name system functions.
Section 537 prohibits funds from being used to
require a person licensed under section 923 of title
18, United States Code, to report information to the
Department of Justice regarding the sale of multiple
rifles or shotguns to the same person.
Section 538 requires the Departments of Commerce and
Justice, the National Aeronautics and Space
Administration, and the National Science Foundation to
provide inspectors general with timely access to
information.
Section 539 requires a monthly report from the
Department of Commerce, the National Aeronautics and
Space Administration, the National Science Foundation,
and the Office of Science and Technology Policy on
travel to China.
Section 540 prohibits funds to facilitate, permit,
license, or promote certain exports to Cuba.
Section 541 prohibits funds for the termination of
the Stratospheric Observatory for Infrared Astronomy.
Appropriations Not Authorized by Law
The Committee, in a number of instances, has found it
necessary to recommend funding for ongoing activities and
programs for which authorizations have not been enacted to
date. Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules
of the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
UNAUTHORIZED APPROPRIATIONS
Fiscal Year 2016
(dollars in thousands)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorization level in Appropriations in
Program Last year of last year of last year of Appropriations in
authorization authorization authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Commerce:
International Trade Administration
Operations and Administration
Export Promotion Activities............................... 1996 such sums 264,885
Bureau of Industry and Security
Operations and Administration............................... 1994 such sums 34,747 110,000
Economic Development Administration
Salaries and Expenses....................................... 2008 such sums 30,832 37,000
Economic Development Assistance Programs.................... various 213,000
Public Works and Economic Development Act Programs........ 2008 500,000 349,100 (202,000)
Minority Business Development Agency
Minority Business Development............................... n/a n/a n/a 32,000
Economic and Statistical Analysis
Salaries and Expenses....................................... n/a n/a n/a 100,000
National Telecommunications and Information Administration
Salaries and Expenses....................................... 1993 17,900 18,493 35,200
National Institute of Standards and Technology
Scientific and Technical Research and Services.............. 2013 676,700 609,514 675,000
Industrial technology services.............................. 2013 241,709 140,316 130,000
Manufacturing extension partnerships...................... 2013 (165,100) (126,088) (130,000)
Construction of research facilities......................... 2013 121,300 58,874 50,000
National Oceanic and Atmospheric Administration
Operations, Research and Facilities
Oceanic and Atmospheric Research.......................... 1993 1,589,081 202,172
Climate and air quality research activities............. 1993 (103,877) * *
Atmospheric research activities......................... 1993 (44,781) * *
National Ocean Service.................................... 1993 121,183 150,864 466,500
Coral Reef Conservation................................. 2004 (16,000) (16,000) (26,000)
Costal Zone Management.................................. 1999 (55,300) (52,700) (105,000)
Marine Protection, Research, Preservation & Sanctuaries. 2005 (40,000) (57,958) (45,000)
National Marine Fisheries Services........................ various
Endangered Species Act Activities....................... 1992 6,750
Marine Mammal Protection Act Activities................. 1999 34,768
NOAA Marine Fisheries Program Activities................ 2000 110,470
National Weather Service
Operations and research activities...................... 1993 395,822 * *
Public warning and forecast systems..................... 1993 132,034 *, *,
NESDIS
Satellite observing systems activities (NESDIS)......... 1993 336,000 *, *,
Data and information services activities................ 1993 39,596 10,300 *,
Program Support
Executive Direction and Administrative Activities....... 1993 75,750 25,000 215,300
Marine Services......................................... 1993 68,518 61,200 175,000
Aircraft Services....................................... 1993 10,336 9,500 31,600
Procurement, Acquisition and Construction
Office of Marine and Aviation Operations
Fleet modernization and replacement..................... 1997 such sums 8,000 11,700
Pacific Coastal Salmon Recovery............................. 2009 90,000 80,000 65,000
Departmental Management
Salaries and Expenses....................................... n/a n/a n/a 50,000
Renovation and Modernization................................ n/a n/a n/a 3,989
Department of Justice:
General Administration
Salaries and Expenses....................................... 2009 181,561 105,805 105,000
Justice Information Sharing Technology...................... 2009 204,152 80,000 25,842
Administrative review and appeals........................... 2009 243,291 270,000 426,791
Office of Inspector General................................. 2009 81,922 80,681 92,000
United States Parole Commission
Salaries and Expenses....................................... 2009 12,711 12,570 13,308
Legal Activities
Salaries and Expenses, General Legal Activities............. 2009 764,526 805,655 885,000
Salaries and Expenses, Antitrust Division................... 2009 162,488 157,788 162,246
Salaries and Expenses, United States Attorneys.............. 2009 1,829,194 1,851,336 1,995,000
Salaries and Expenses, Foreign Claims Settlement Commission. 2009 1,429 1,823 2,326
Fees and Expenses of Witnesses.............................. 2009 203,755 168,300 270,000
Salaries and Expenses, Community Relations Service.......... 2009 10,977 9,873 13,000
United States Marshals Service................................ 2009 900,178 954,000 2,289,081
Salaries and Expenses....................................... (960,000) (1,220,000)
Construction................................................ (4,000) (11,000)
Federal Prison Detention ................................... 2009 1,858,509 1,355,319 (1,058,081)
National Security Division
Salaries and Expenses....................................... n/a n/a n/a 95,000
Interagency Law Enforcement
Interagency Crime and Drug Enforcement...................... 2009 744,593 515,000 510,000
Federal Bureau of Investigation............................... 2009 6,480,608 7,301,191 8,547,768
Salaries and Expenses....................................... (7,182,700) (8,489,786)
Construction................................................ (153,491) (57,982)
Drug Enforcement Administration
Salaries and Expenses....................................... 2009 1,930,462 1,959,084 2,073,945
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and Expenses....................................... 2009 1,038,939 1,078,215 1,250,000
Federal Prison System......................................... 2009 5,698,292 6,171,561 7,181,500
Salaries and Expenses....................................... (5,600,792) (6,951,500)
Buildings and Facilities.................................... (575,807) (230,000)
Office on Violence Against Women
Violence Against Women Prevention and Prosecution Programs
Research and Evaluation on Violence against Women......... n/a n/a n/a 8,000
Family Civil Justice...................................... various 16,000
Court Training and Improvements Program................. 2011 5,000 ?
Safe Havens Program..................................... 2011 20,000 ?
Consolidated Youth-oriented Program....................... various 11,000
Engaging Men and Youth in Prevention.................... n/a n/a n/a #
Grants to Assist Children and Youth Exposed to Violence. n/a n/a n/a #
Supporting Teens Through Education Program.............. 2011 5,000 ? #
Services to Advocate and Respond to Youth............... n/a n/a n/a #
Research on Violence Against Indian Women................. 2015 1,000 940 1,000
Indian Country--Sexual Assault Clearinghouse.............. n/a n/a n/a 500
Rape Survivor Child Custody Act........................... n/a n/a n/a 5,000
Office of Justice Programs
State and Local Law Enforcement Assistance
Byrne Memorial Justice Assistance Grants.................. 2012 1,095,000 470,000 409,000
Domestic Radicalization Research........................ n/a n/a n/a (4,000)
Officer Robert Wilson III VALOR Initiative.............. n/a n/a n/a (15,000)
Bulletproof Vests Partnerships.......................... 2012 50,000 24,000 (22,500)
Juvenile Indigent Defense............................... n/a n/a n/a (2,500)
Convention security..................................... n/a n/a n/a (20,000)
State Criminal Alien Assistance Program................... 2011 950,000 ? 220,000
Drug Courts............................................... 2008 70,000 15,200 41,000
Mentally Ill Offender Act................................. 2014 50,000 9,000 7,000
Capital Litigation and Wrongful Conviction Review......... 2009 75,000 5,500 2,000
Economic, High-tech, Cybercrime Prevention................ n/a n/a n/a 5,000
Adam Walsh Act Implementation............................. 2009 such sums 18,000 20,000
National Sex Offender Public Website...................... n/a n/a n/a 1,000
NICS Initiative........................................... various 73,000
NICS Act Record Improvement Program..................... 2013 125,000 12,000
National Criminal History Improvement Program........... 2013 62,500 6,000
DNA Initiative
Debbie Smith DNA Backlog Grants......................... 2014 151,000 117,000 117,000
Post-Conviction DNA Testing Grants...................... 2009 5,000 5,000 4,000
Sexual Assault Forensic Exam Program Grants............. 2014 30,000 4,000 4,000
Veterans Treatment Courts................................. n/a n/a n/a 5,000
Prescription Drug Monitoring.............................. n/a n/a n/a 11,000
Prison Rape Prevention and Prosecution.................... 2010 40,000 15,000 13,000
NamUs..................................................... n/a n/a n/a 2,400
Comprehensive School Safety Initiative.................... n/a n/a n/a 75,000
Juvenile Justice Programs
Youth Mentoring Grants.................................... 2007 such sums 95,000
Victims of Child Abuse Programs........................... 2005 8,481 11,000 19,000
Missing and Exploited Children Programs................... various 68,000
AMBER Alert grants...................................... 2004
Community Oriented Policing Services
Transfer to DEA for Methamphetamine Lab Cleanups.......... n/a n/a n/a 11,000
Community trust initiative................................ n/a n/a n/a 52,500
Collaborative Reform.................................... n/a n/a n/a (5,000)
Body-worn Camera Partnership............................ n/a n/a n/a (15,000)
Justice Reinvestment Initiative......................... n/a n/a n/a (27,500)
Research and statistics on community trust.............. n/a n/a n/a (5,000)
Second Chance Act/Offender Reentry........................ 2010 55,000 100,000 68,000
Community Teams to Reduce the Sexual Assault Kit (SAK) n/a n/a n/a 41,000
Backlog..................................................
Tribal Assistance......................................... various 30,000
Tribal Courts........................................... 2004 such sums (8,000) **
Alcohol and Substance Abuse............................. n/a n/a n/a **
Indian Prison Grants.................................... 2000 (2,753) (5,000) **
Training/TA Civil and Criminal Legal Assistance......... n/a n/a n/a **
Regional information sharing activities................... 2003 100,000 29,000 35,000
Science:
National Aeronautics and Space Administration
Science..................................................... 2013 5,509,600 5,047,447 5,237,500
Aeronautics................................................. 2013 590,000 559,301 600,000
Space Technology............................................ 2013 515,000 629,950 625,000
Exploration................................................. 2013 5,264,000 3,814,041 4,759,300
Space Operations............................................ 2013 4,253,300 3,878,802 3,957,300
Education................................................... 2013 145,700 122,654 119,000
Safety, Security and Mission Services....................... 2013 3,276,800 2,770,012 2,768,600
Construction and Environmental Compliance and Remediation... 2013 366,900 667,236 425,000
Office of Inspector General................................. 2013 38,700 37,287 37,400
National Science Foundation
Research and Related Activities............................. 2013 6,637,849 5,870,974 5,983,645
Major Research Equipment and Facilities Construction........ 2013 236,764 192,488 200,030
Education and Human Resources............................... 2013 1,041,762 878,799 866,000
Agency Operations and Award Management...................... 2013 363,670 293,780 325,000
Office of the National Science Board........................ 2013 4,906 4,357 4,370
Office of Inspector General................................. 2013 15,049 13,933 15,160
Related Agencies:
Commission on Civil Rights
Salaries and Expenses....................................... 1995 9,500 8,904 9,200
International Trade Commission
Salaries and Expenses....................................... 2004 57,240 58,295 84,500
Legal Services Corporation
Payment to the Legal Services Corporation................... 1980 205,000 300,000 300,000
Marine Mammal Commission
Salaries and Expenses....................................... 1999 1,750 1,240 3,340
Office of the U.S. Trade Representative
Salaries and Expenses....................................... 2004 33,108 41,552 54,250
State Justice Institute
Salaries and Expenses....................................... 2008 7,000 3,760 5,121
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The National Oceanic and Atmospheric Administration Authorization Act of 1992 (P.L. 102-567) provides authorizations for general categories of
activities, rather than specific programs. Since a program may cut across several authorizations, it is impossible to determine the exact amount of
unauthorized appropriations.
Authorization covers multiple lines in the NOAA control table.
This authorization provides for both procurement and operations activities, but does not provide a breakdown for each.
Authorization does not provide amounts for specific accounts within this agency.
This was formerly the ``General Administration, Detention Trustee'' account.
? The authorization for this program expired in FY2011. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
# These programs have been combined into the Consolidated Youth-oriented Program.
** The recommendation includes an overall amount for tribal assistance but does not specify amounts for each particular program.
The authorization for this program expired in FY2007. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
The recommendation does not provide a specific amount for this program.
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority and outlays provided in the
bill with the appropriate allocations made under section 302(b)
of the Budget Act:
SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302b allocation This bill
---------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
General purposes discretionary.............................. 51,378 62,400 51,378 *62,141
Mandatory................................................... 319 320 319 *320
----------------------------------------------------------------------------------------------------------------
*Includes outlays from prior year budget authority.
Five Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year outlay projections
associated with the budget authority provided in the
accompanying bill, as provided to the Committee by the
Congressional Budget Office:
[In millions of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2016............................................. *40,628
2017............................................. 13,250
2018............................................. 3,630
2019............................................. -23
2020............................................. 4,726
------------------------------------------------------------------------
*Excludes outlays from prior-year budget authority.
Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments:
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and -7,959 *400
local government
------------------------------------------------------------------------
*Excludes outlays from prior-year budget authority.
Program Duplication
Pursuant to section 3(g) of H. Res. 5 (114th Congress), no
provision of this bill establishes or reauthorizes a program of
the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Directed Rule Making
Pursuant to section 3(i) of H. Res. 5 (114th Congress), the
bill does not direct any rule making.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
department and agency, comparing the amounts recommended in the
bill with fiscal year 2015 enacted amounts and budget estimates
presented for fiscal year 2016:
MINORITY VIEWS OF REP. NITA LOWEY AND REP. CHAKA FATTAH
We commend Chairman Rogers and Chairman Culberson for their
overall efforts in assembling the Fiscal Year (FY) 2016
Commerce, Justice, Science (CJS) bill. We acknowledge that they
have made an effort to fund several important public
investments at healthy funding levels. However, this bill also
demonstrates that the mindless austerity of sequestration is
preventing a great many critical national needs from receiving
the resources necessary to ensure public safety, boost economic
development, deliver a cost-effective 2020 Census, and much
more.
The House Republican ``Work Harder for Less'' budget
resolution was opposed by every member on our side of the aisle
because it makes it impossible to provide the funding necessary
in the twelve appropriations bills to grow our economy and give
hardworking Americans opportunity to succeed. Democrats much
preferred the approach taken by the President, calling for an
end to the sequester and more reasonable and realistic
budgeting that could help families afford college, a home, and
a secure retirement.
Refusing to adopt a sufficient overall allocation for
discretionary investments has a significant impact on the
initiatives in all the appropriations bills that grow the
economy, create jobs, and make us more secure. Although we
appreciate the chairman's efforts, the grossly inadequate
allocation creates shortcomings that are evident in the FY 2016
Commerce, Justice and Science bill.
While the Murray-Ryan plan was not perfect, another similar
budget deal is essential for FY 2016 and beyond. Without such
an agreement this year, our appropriations process is deeply
imperiled. The sequester-level caps also would put
discretionary funding at its lowest level, adjusted for
inflation, since 2006. We must again act to ensure reasonable
allocations for the important programs and investments funded
through the appropriations process.
While the Commerce-Justice-Science bill has a great many
shortcomings due to its woefully inadequate allocation, we do
want to highlight several efforts to which we, in working with
Chairman Culberson, have been able to devote strong finding,
including the following:
Neuroscience: Building on the work of the
Interagency Working Group on Neuroscience, the bill
provides an increase of $37.5 million above FY 2015,
and $3 million above the Administration's request for
neuroscience activities at the National Science
Foundation (NSF). This will allow NSF to continue its
interdisciplinary approach to transforming our
understanding of the mechanisms of the brain. Of the
increase provided, $3,000,000 is to begin
implementation the National Brain Observatory, which
will make use of the data infrastructure of the NSF,
the Department of Energy's national laboratory network,
and other applicable agencies to help neuroscientists
collect, standardize, manage, and analyze the large
amounts of data that will result from research
attempting to understand how the brain functions. In
addition to the funding increase, the report directs
NSF to continue to organize an annual international
conference on neuroscience, convening government
representatives, neuroscience researchers, private
entities, non-profit institutions and others to share
research and foster collaboration around neuroscience
research. We are on the cusp of significant
breakthroughs related to the treatment of brain
injuries, cognitive developmental disorders such as
autism, and neurodegenerative diseases like Parkinson's
and Alzheimer's that will have tremendous implications
for the mental health of the American people and the
cost of health care.
Youth Mentoring: The bill provides $95
million for Youth Mentoring. At a time when the number
of people in Federal prison continues to rise, these
programs are of vital importance in cutting the costs
associated with crime and delinquency. We need to focus
our resources on programs like these that provide early
intervention to help positively influence the lives of
our young people.
Weather Forecasting: As noted below, strong
funding levels are provided both for National Weather
Service operating expenses as well as for weather
research and for the procurement of two critical
upcoming weather satellites.
The FY 2016 bill approved by the Committee provides net
budget authority of $51.4 billion, an increase of nearly $1.3
billion above FY 2015. However, this comparison is very
misleading, as significant differences in Asset Forfeiture Fund
balances, rescissions, and scorekeeping adjustments exist
between FY 2015 and FY 2016. When comparing total new
discretionary budget authority between FY 2015 and FY 2016, the
committee bill is essentially frozen at the FY 2015 level and a
full $3.5 billion below the President's FY 2016 request.
Within this allocation, the bill provides some increases to
most federal law enforcement components and most federal
science efforts. However, a large number of the CJS bill's
ongoing and critical public investments simply do not receive
adequate levels of resources in this bill, with many cut below
current levels of effort. In particular, the bill contains very
damaging cuts in state and local law enforcement, legal aid to
the poor, climate research, and a number of other
responsibilities. As the process moves forward, we hope to work
with our colleagues on the other side to reform the overall
budget framework and provide vital resources in these and other
areas, while preserving the positive aspects of the bill. Given
the wide array of public needs that must be funded at workable
levels in this bill, our careful attention to all of these
efforts is absolutely crucial.
DEPARTMENT OF COMMERCE
With regard to Title I of the bill, we appreciate the
strong funding level for the Minority Business Development
Agency (MBDA), which will allow MBDA to continue to assist
minority-owned enterprises as they work to create jobs across
the country. There is a modest increase for the Regional
Innovation Strategies program. The increase for the Bureau of
Industry and Security (BIS), while not quite up to the
President's request, will allow BIS to continue its efforts to
protect national security while coping with an increased
workload of export license applications. Within the National
Oceanic and Atmospheric Administration (NOAA), there are strong
finding levels for National Weather Service operating expenses
and near-term satellites, weather research, and certain NOAA
fisheries programs.
At the same time, however, many important responsibilities
in other areas are badly underfunded. The International Trade
Administration and Economic Development Administration, both of
which play very important roles in helping to create American
jobs, are frozen at the current funding level and far below the
President's request. The National Institute of Standards and
Technology, which advances U.S. technological innovation and
industrial competitiveness, is cut below FY 2015 and more than
$264 million below the President's request.
The Bureau of Economic Analysis and the Census Bureau are
critical national institutions that enable policymakers and the
general public to better understand and predict changes in the
American economy and the health of American communities, which
in turn helps inform good public policy. Yet both agencies are
woefully underfunded in this bill.
In particular, the bill's funding level for the Census
Bureau is completely shortsighted and would actually cost
taxpayers billions more in the long run. The Bureau is cut
nearly $387 million below the President's request. This cut is
completely unacceptable and will greatly damage the Bureau's
2020 Census preparations. Specifically, it would force huge
reductions in 2020 Census systems research, development, and
testing efforts, which are essential to ensuring that the 2020
Census operates in a more cost-effective manner than previous
decennial censuses. The innovative census design options being
tested by the Census Bureau include new methodologies to
conduct address canvassing, innovative ways of optimizing self-
response, the use of administrative records to reduce the
nonresponse follow-up workload, and the use of technology to
replace tasks traditionally conducted by temporary employees
and their supervisors during field operations. These changes
could potentially save taxpayers up to $5 billion dollars at
the end of this decade, compared to business-as-usual methods.
But in order to ensure these cost-saving measures can be put in
place in a timely manner, a significant amount of system
research, development, and testing needs to be conducted over
the next several years, in time to enable a complete end-to-end
systems test in 2018. This end-to-end test, in turn, is
absolutely critical--it is exactly what was missing from both
the 2010 Census and other failed government information
technology ventures that experienced billions in cost overruns
as a result. In order to avoid seeing this happen again,
Congress needs to sufficiently fund the Census Bureau, but the
Bureau's funding level in this bill clearly falls far short of
what is required.
Within NOAA, while weather forecasting and research are
well-funded, we are greatly disappointed by damaging cuts in
other areas. In particular, a number of programs important to
the economic vitality of coastal and Great Lakes areas are cut
below FY 2015 levels, including Coastal Zone Management Grants,
Sanctuaries and Marine Protected Areas, Fisheries Habitat
Management and Restoration, Sustained Ocean Observations and
Monitoring, and the National Estuarine Research Reserve System.
In addition, no funding at all is provided for Regional Coastal
Resilience Grants.
Furthermore, while the bill does provide full funding for
the Geostationary Operational Environmental Satellite System,
the Joint Polar Satellite System, and certain other weather
observation infrastructure, no funding is provided for the
Polar Follow-on, which the Administration proposed and an
independent senior review team recommended as a way to help
build backup redundancy into the polar-orbiting weather
satellite system. In addition, no funding is provided for
NOAA's request for a new ocean survey vessel. This request is
part of a NOAA initiative to recapitalize its fleet. Without
recapitalization, NOAA's fleet will decline by 50 percent
between FY 2016 and FY 2028. These vessels perform a wide
variety of critical missions, including repairing both weather
buoys and tsunami detection buoys, and mapping the ocean floor
to support nautical charts.
Furthermore, we are greatly disappointed that the Committee
bill slashes funding for important climate science efforts of
NOAA and its external partners. The Committee provides $128
million for NOAA climate research, a cut of $30 million (19%)
below FY 2015 and $60.8 million (32%) below the
Administration's request. According to the third National
Climate Assessment, released in May 2014, the average
temperature in the U.S. increased by between 1.3 and 1.9
degrees Fahrenheit since recordkeeping began in 1895, with 80
percent of this increase occurring since 1970. The assessment
noted that impacts related to climate change are already
evident in many sectors and are expected to become increasingly
disruptive across the nation throughout this century. For
example, storm surge on top of the rise in sea level
exacerbates coastal flooding during hurricanes. Climate change
is also increasing the risks of respiratory stress from poor
air quality, heat stress, and the spread of foodborne,
insectborne, and waterborne diseases. These are just some
examples of what we face as a result of climate change. We must
fully fund NOAA's research in this area, which will greatly
improve our nation's ability to understand and predict climate
change and thus enhance our ability to plan and respond.
DEPARTMENT OF JUSTICE
For the Department of Justice (D0J), a total of $27.55
billion is provided, an increase of $857 million above FY 15
and $1.35 billion below the budget request. This increase is
misleading, however, because last year, $1.1 billion in
unobligated balances were used to fund Federal Prisoner
Detention.
The reduction of $6.5 million from General Administration
threatens the Attorney General's ability to manage a department
responsible for enforcing the laws and defending the interests
of the United States.
The Committee report mentions several important areas for
increased efforts in the General Legal Activities divisions
such as cybercrime and intellectual property enforcement,
strengthening foreign law enforcement and prosecution, and
Mutual Legal Assistance Treaty reform. However, no additional
funding is provided for these efforts or for the
Administration's request for additional funding for increased
civil rights enforcement.
We are encouraged that $422.8 million is provided for
Administrative Review and Appeals, $75.7 million above FY 2015.
The increase would fund additional judge teams, improve
technology, and establish a legal help desk. However, the
funding level provided is $61.6 million below the request.
Proposals to provide direct representation for minors and to
expand the Legal Orientation Program were not funded. These
efforts are essential to both efficient operations of the
courts and to ensure fair outcomes for individuals in
immigration proceedings.
Increases above the FY 2015 level for Federal law
enforcement and the Office of U.S. Attorneys will allow for
continued efforts to conduct investigations, protect national
security, and litigate civil and criminal cases.
We are pleased that the bill provides $73 million for
grants to improve the submission of records to the National
Instant Criminal Background Check System, an increase of $18
million above the request and the same as the FY 2015 level.
Furthermore, the bill provides $75 million for the
Comprehensive School Safety Initiative, the same level of
funding as proposed in the President's budget and provided last
year. This funding will continue to support research and to
help schools implement evidence-based approaches to improving
school safety.
We are pleased that many important grant programs are
protected through level funding or increases, including the
State Criminal Alien Assistance Program, Crime Victims Fund
programs, the Byrne-JAG formula grant program, the Justice
Reinvestment Initiative, the Youth Mentoring program, and the
Office on Violence Against Women grant programs. However,
moving the Victims of Trafficking Grants into the Violence
Against Women program area creates the illusion of an increase
above the Administration's request.
Within the Byrne-JAG account, $20 million is provided for
reimbursement for security costs at presidential nominating
conventions. We would like to work to increase this to past
levels as the process moves forward.
However, the bill slashes state and local grant programs at
DOJ overall. These programs receive a massive $325 million cut
from the FY 2015 enacted level and $495 million below the
President's request. The bill eliminates the Research,
Evaluation, and Statistics appropriations account, which
provides funding for the Bureau of Justice Statistics and the
National Institute of Justice. These agencies provide
statistics, and research and evaluate programs. New bill
language grants authority to shift other grant program funding
to fund these activities, effectively further cutting into
already low levels of funding for DOJ grant programs.
Several important grant programs are eliminated entirely,
including the Residential Substance Abuse Treatment program,
the Project Hope Opportunity Probation with Enforcement
program, the Vision 21 program, Coverdell Forensic Science
grants, the Violent Gang and Gun Crime Reduction initiative,
the National Center for Campus Public Safety, the Children
Exposed to Violence Initiative, the John R. Justice grant
program, and the Byrne Criminal Justice Innovation program.
Juvenile Justice programs overall are decimated, with a cut
of $68 million below FY 2015 and $155.9 million below the
request. This includes the elimination of the Community-Based
Violence Initiative, the National Forum on Youth Violence, Part
B formula grants, the Local Delinquency Prevention Incentive
grant program, the Children of Incarcerated Parents program,
and a program targeting girls in the justice system. These
eliminations would have severe consequences for at-risk and
disadvantaged youth as well as those who depend on these
resources to improve outcomes for these young people.
The most egregious of these cuts is the elimination of the
Community Oriented Policing Services (COPS) hiring program.
This important public safety program is cut by $180 million
below FY 2015 and $249.5 million below the request. Had it been
funded at the request, this program would have provided for the
hiring of approximately 1,300 new law enforcement
professionals. The overall funding provided for the COPS
account in the bill is misleading--of the $237.5 million
provided in the account, only $5 million is for COPS-
administered programs. Programs funded or requested in other
accounts were moved into the COPS account to create the
illusion of increased funding. While Byrne-JAG funding can be
used for hiring, that is only one of many allowable uses--the
program is not intended to target the hiring of new officers.
We are disappointed that most of the Administration's
proposed new grant programs were not funded in the bill. For
example, these initiatives would seek to improve equal access
to justice, support better police-community relations, and
combat violent extremism, among other activities. Moving
forward, funding for these and other important programs should
be included in the final FY 2016 CJS Appropriations Act.
SCIENCE
The Committee is to be commended for making National
Science Foundation (NSF) funding a priority in the bill. The
bill provides $7.4 billion overall for NSF, $50 million above
the FY 2015 level and $329.4 million below the request. For
NSF's Research and Related Activities account, the bill
provides $5.98 billion, $50 million above FY 2015 and $202.7
million below the request.
However, we are disappointed that report language
accompanying the bill is included that will force NSF to cut
approximately $257 million from two research directorates:
Geosciences and the Social, Behavioral, and Economic Sciences.
This cut of 16% would have a devastating impact on research
supported by these directorates, cutting research into areas as
diverse as. prediction of extreme weather, disaster
preparedness, cybersecurity, and children's education and
learning. Politically motivated cuts to science hinder
discovery and innovation and seriously impair the United
States' global competitiveness.
The bill provides a healthy overall total of $18.5 billion
for the National Aeronautics and Space Administration (NASA),
equal to the request, though with both increases and decreases
relative to the request. We are disappointed that while strong
funding levels are included for most activities in the Science
account, Earth Science is cut by $89.6 million below FY 2015
and by $264.4 million below the request. Increases above FY
2015 are provided for the Commercial Crew program, aimed at
ensuring U.S. access to low Earth orbit on American-made
spacecraft, and for Space Technology. However, both of these
programs are below the requested levels.
IRRESPONSIBLE GUN RIDERS
We continued to be extremely troubled by the inclusion of
gun-related riders, including one that would effectively
prevent the enforcement of an existing requirement that Federal
firearms licensees (FFLs) in four southwest border states
report to the National Tracing Center on the sale of certain
kinds of semi-automatic rifles favored by the Mexican drug
cartels. This reporting requirement is narrow and targeted,
applying only to the four border states (Texas, Arizona, New
Mexico and California), and only when a dealer sells two or
more qualifying long guns to a single individual within five
business days. Qualifying guns are rifles that (1) are semi-
automatic; (2) are greater than .22 caliber; and (3) can hold a
detachable magazine. It does not apply to shotguns or the vast
majority of rifles regularly used for hunting or sporting
purposes.
This reporting requirement is identical to one that has
existed for decades for handguns, and in no way does it hinder
the ability of any law-abiding person to purchase as many
rifles as he desires. It is not an undue burden on FFLs, with
the time to complete a multiple sales form estimated at 12
minutes and an estimated annual cost in employee time of only
$16.
This very limited reporting requirement has proven to be an
important tool for Federal law enforcement in the effort to
uncover illegal trafficking operations intended to supply semi-
automatic weapons to the violent drug gangs across the border.
According to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF), these multiple sales reports have thus far
led to more than 200 defendants recommended for prosecution,
including both alleged straw purchasers and others further up
the firearms trafficking chain. Also according to ATF, the
reporting requirement is forcing firearms traffickers to change
tactics, making straw purchases more difficult and serving as a
deterrent for many people who might have engaged in straw
purchasing in the past.
This is not about gun control or compiling a registry of
long gun owners. Information that does not become part of a
trafficking investigation is purged from ATF records within two
years. This is a law enforcement response to the evidence from
successful tracings of weapons recovered in Mexico. These
tracings show that a large number of these weapons were
initially sold by licensed gun dealers in California, Arizona,
New Mexico, or Texas.
In 2013, a unanimous panel of the U.S. Court of Appeals for
the Fifth Circuit affirmed an earlier court finding that
Federal law ``unambiguously authorizes'' this reporting
requirement. This Committee simply has no business in tying the
hands of law enforcement agencies as they attempt to carry out
Federal law.
RELATED AGENCIES
The Legal Services Corporation (LSC) is irresponsibly cut
by $75 million below the FY 2015 level of $375 million, when it
should have received an increase. This is the lowest level
since FY 1999 and is simply unacceptable. This misguided cut to
the LSC will result in the termination of over 1,000 full-time
staff including 430 attorney positions. In addition, grantees
will be forced to close 85 offices, complete 150,000 fewer
cases, and serve 350,000 fewer people.
The final FY 2015 CJS Act did provide a $10 million
increase above FY 2014. The President recognized the need for
additional funding by recommending $452 million in FY 2016 for
the LSC. The harmful cut in the FY 2016 bill must be reversed.
COMMITTEE AMENDMENTS
We are disappointed that the Committee did not adopt the
Lowey amendment to allow the Department of Justice to block the
sales of firearms to persons known or suspected to be engaged
in conduct related to terrorism. Currently, Federal law
prohibits nine categories of dangerous people from purchasing
or owning firearms. However, Federal law does not allow the
Attorney General the discretion to block a firearms purchase to
an individual on a terror watch list. There have been
consequences. On November 5, 2009, 13 people were shot and
killed and 30 others wounded by Major Nidal Hasan, who was able
to pass a background check and buy a handgun even though he was
under investigation by the FBI for links to terrorism. We
believe that allowing the Attorney General the discretion to
block these purchases is a common sense approach that should be
widely supported.
We are disappointed the Committee did not accept the Farr
amendment to strike a new Cuba rider included in the bill. The
rider appears to target certain categories of U.S. exports to
Cuba authorized by the Obama Administration as part of its
policy shift on Cuba. This bill is not the place to meddle in
foreign policy. We are also deeply concerned by the way the
Committee chose to deny a record vote on the Farr amendment to
strike the Cuba rider.
CONCLUSION
In spite of all our concerns, we would like to reiterate
our appreciation for Chairman Culberson's work with us on a
number of issues. Within the constraints facing the bill, it
does fund a number of the interests we have expressed. However,
the shortcomings in this and other appropriations bills are
many and very real. It is our firm hope that the Committee will
be provided a sensible overall budget level which will provide
a path forward for all of the FY 2016 Appropriations bills. We
look forward to the day when allocations across all
Subcommittees are returned to acceptable levels and to working
with the Chairman and the Members of this Committee to advance
the process.
Nita M. Lowey.
Chaka Fattah.
[all]