[Senate Report 115-139]
[From the U.S. Government Publishing Office]
Calendar No. 186
115th Congress } { Report
SENATE
1st Session } { 115-139
======================================================================
DEPARTMENTS OF COMMERCE AND JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2018
_______
July 27, 2017.--Ordered to be printed
Mr. Shelby, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 1662]
The Committee on Appropriations reports the bill (S. 1662)
making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2018, and for other purposes, reports
favorably thereon and recommends that the bill do pass.
Total obligational authority, fiscal year 2018
Total of bill as reported to the Senate\1\.............. $65,022,000,000
Amount of 2017 appropriations........................... 65,218,000,000
Amount of 2018 budget estimate.......................... 59,941,833,000
Bill as recommended to Senate compared to--
2017 appropriations................................. -196,000,000
2018 budget estimate................................ +5,080,167,000
\1\This level does not include -$11,317,000,000 in adjustments that the
Congressional Budget Office [CBO] scores to the bill. With these
scorekeeping adjustments, the bill totals $53,366,000,000 in
discretionary budget authority.
CONTENTS
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Page
Purpose of the Bill.............................................. 3
Summary of the Bill.............................................. 3
Fighting Waste, Fraud, and Abuse................................. 5
Reprogrammings, Reorganizations, and Relocations................. 6
Congressional Budget Justifications.............................. 7
Reporting Requirements........................................... 8
Reductions-in-Force.............................................. 8
Appropriations Liaisons.......................................... 8
Title I: Department of Commerce.................................. 9
Title II: Department of Justice.................................. 58
Title III: Science............................................... 100
Office of Science and Technology Policy...................... 100
National Aeronautics and Space Administration................ 101
National Science Foundation.................................. 114
Title IV: Related Agencies....................................... 122
Commission on Civil Rights................................... 122
Equal Employment Opportunity Commission...................... 122
International Trade Commission............................... 123
Legal Services Corporation................................... 124
Marine Mammal Commission..................................... 124
Office of the United States Trade Representative............. 125
State Justice Institute...................................... 126
Title V: General Provisions...................................... 127
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 130
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of
the Senate..................................................... 133
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 134
Budgetary Impact of Bill......................................... 134
Comparative Statement of Budget Authority........................ 135
Purpose of the Bill
The bill provides funding for: (1) the Department of
Commerce [DOC]; (2) the Department of Justice [DOJ]; (3)
several independent science agencies: the Office of Science and
Technology Policy [OSTP], the National Aeronautics and Space
Administration [NASA], and the National Science Foundation
[NSF]; and (4) several related commissions and agencies: the
Commission on Civil Rights, the Equal Employment Opportunity
Commission [EEOC], the International Trade Commission [ITC],
the Legal Services Corporation [LSC], the Marine Mammal
Commission, the Office of the United States Trade
Representative, and the State Justice Institute [SJI].
Summary of the Bill
The total amount of discretionary budget authority
recommended by the Committee for fiscal year 2018 is
$53,366,000,000, which is $3,189,000,000 below the fiscal year
2017 enacted level.
The Committee's recommendation is consistent with the
allocation for the Commerce, Justice, Science, and Related
Agencies appropriations bill. Within these boundaries, the
Committee has achieved a careful balance between the competing
priorities of law enforcement, national security, economic
development, scientific research, and space exploration.
The Department of Commerce is charged with addressing
several critical functions for our nation, which include:
operating weather satellites and forecasting severe storms;
enforcing trade laws to ensure American businesses can compete
on a level playing field; completing a timely and accurate
census; working with distressed communities to spur economic
development; and properly managing our Nation's fisheries. The
President's fiscal year 2018 request for the Department of
Commerce is $1,423,270,000 below the 2017 enacted level,
representing a 15-percent cut in the department's budget. While
the bill adopts some of the requested cost saving measures, the
Committee does not support some of the proposed cuts to core
programs, such as advanced weather forecasting operations and
research. The administration also proposes to eliminate
important external competitive grant programs that partner with
States and local communities across the nation, and which use
matching funds to maximize any Federal investment. In contrast,
the bill retains many of these grant programs which allow
States and communities to steer financial priorities through a
bottom-up approach instead of Federal agencies driving local
decisions from afar.
The constantly changing landscape of criminal activity at
home and abroad tests the Department of Justice's ability to
deal with emerging threats. The Committee believes that our
Federal law enforcement agencies must work together--
particularly in tough budget environments--to focus limited
resources in a manner that safeguards taxpayer dollars while
preserving public safety. Despite the overall reduction in
discretionary spending in fiscal year 2018, this bill provides
increased funding for Federal law enforcement agencies, United
States Attorneys, and the Executive Office for Immigration
Review, while maintaining strong funding for State and local
justice grants.
The bill provides $3,636,000,000 to victims and victim
services through the Crime Victims Fund [CVF], which is
$1,063,000,000 above the fiscal year 2017 enacted level and
$636,000,000 above the request. The Committee notes that the
Congressional Budget Office estimates of the fund's annual
collections increased in fiscal year 2018. The Committee has
ensured that the amount disbursed from the fund matches the 3-
year average of deposits into the CVF, a metric for CVF
spending that has been called for by the Senate Budget
Committee.
While the Committee strives to disburse the appropriate
amounts to victims and survivors of victims, the Committee is
also mindful of the nature of collections deposited into the
fund. The CVF was established to receive a broad array of
different types of collections from offenders convicted of
Federal crimes including criminal fines, forfeited bail bonds,
and special assessments collected by U.S. Attorneys' Offices.
However, the dramatic increase in deposits into the fund during
fiscal year 2017 highlights the need for accountability to
monitor the scope of funds deposited into the CVF compared to
other accounts in the Treasury that receive similar
settlements. Therefore, the Committee directs that the DOJ
submit a quarterly report to the Committee detailing the amount
and source of each deposit made into the Fund.
Balancing the Committee's consistent support for increased
CVF spending with the Committee's concerns for fiscal
oversight, this bill once again offsets $379,000,000 from the
CVF for victim-related discretionary grants in the DOJ's State
and local accounts. The stagnant fiscal climate, coupled with
high spending out of the CVF and increased demand to provide
higher funding for grant programs, makes supporting important
victim-related programs with discretionary funding
unsustainable. As a result of this offset, overall funding for
all of these DOJ grant programs, which are widely supported by
many members of the Committee, remains close to the fiscal year
2017 enacted levels in this bill.
For the science agencies, the administration proposes a
reduction of 3 percent below the fiscal year 2017 spending
level to NASA, and 11 percent to NSF. This budget request
attempts to navigate a challenging fiscal environment, but the
deep cuts to these science agencies would dramatically curtail
ongoing missions and research, and, for NASA, delay future
exploration for years to come. While leveraging some strategic
reductions, this bill makes it possible for NASA and NSF to
achieve balanced and cost-effective operations. NASA in
particular will have sufficient financial resources to achieve
its management plans and launch schedules for the agency's
science and exploration missions, many of which will reach
critical stages of development during fiscal year 2018.
Fighting Waste, Fraud, and Abuse
The departments, agencies, boards, and commissions funded
in this bill can and should continue to reduce operating
expenses by placing greater scrutiny on overhead costs. Savings
can and should be achieved by reducing non-essential travel,
office supply, rent, and utility costs. The Committee also
calls on departments, agencies, boards, and commissions funded
in this bill to continue to achieve savings by lowering travel
contractor costs related to air fares. The Committee continues
longstanding restrictions on first class travel.
The Committee is extremely concerned about the persistent
pattern of cost overruns and schedule slippages on major
projects and missions carried out by the agencies within this
bill. In addition, reports have exposed a culture within many
agencies that exhibits a lack of accountability and oversight
of grant funding. Therefore, the Committee has continued bill-
wide provisions to ensure greater oversight and fiscal
responsibility of taxpayer dollars.
First, the bill requires each agency to notify the
Committee immediately upon identification of program cost
overruns greater than 10 percent.
Second, the bill requires the Inspectors General of the
Departments of Commerce and Justice, NASA, NSF, and the Legal
Services Corporation to conduct reviews of grant and contract
funds to ensure funds are being spent appropriately. For
projects with persistent accountability issues, such as the
decennial census and weather satellites, special funding is
provided for additional Inspector General scrutiny.
Third, the bill requires all departments and agencies to
link all contracts that provide award fees to successful
acquisition outcomes, and prohibits funds to pay for award or
incentive fees for contractors with below satisfactory
performance.
The Committee also supports long-standing provisions that
were once solely included in this bill but have since become
government-wide provisions. These include: requiring each
department, agency, board, and commission funded in this act to
report spending on large conferences to the Inspectors General
for audit; requiring all departments and agencies funded in
this act to provide full access to documents and data for their
respective Inspectors General to conduct investigations and
audits; and prohibiting funds from being used for contracts,
memoranda of understanding, cooperative agreements, grants, or
loan activities if the proposed recipient has unpaid Federal
tax liabilities or was convicted of a felony criminal
violation.
Finally, the Committee intends to continue to work with the
Government Accountability Office [GAO] to expand the review of
selected large-scale acquisition and construction projects.
Specifically, the Committee directs ongoing GAO reviews of
large NASA projects, major research equipment and facilities
construction at the National Science Foundation, and separate
reviews of the James Webb Space Telescope, with reports to the
Committee on a biannual basis.
Agencies shall provide access to all necessary data, as
determined by the GAO, in order for these reviews to be
completed and provided in a timely manner to the Committee. The
Committee believes that these project status reports are
valuable in identifying cost overrun and schedule slippage
problems early so they can be addressed immediately and has
used information in the reviews to develop this recommendation.
Representation Funds.--The Committee has reduced official
reception and representation funds by 25 percent since fiscal
year 2011. Modest representation funds are included for agency
executives to provide necessary courtesies to our diplomatic
partners and hold events to honor fallen officers, or to mark
historic occasions such as space exploration missions or
significant discoveries. However, savings can and should be
achieved by reducing the costs of executive meetings,
receptions, ceremonies, and conferences, and by purchasing
fewer promotional items such as T-shirts, hats, mugs, key
chains, and other similar items.
Federal Vehicle Fleet Management.--The General Services
Administration [GSA] issues guidance on Federal fleet
management, but the Federal vehicle fleet is decentralized,
with each agency maintaining flexibility to manage vehicle
utilization as appropriate. In order to provide better
transparency and accountability of funding for Federal
vehicles, the Committee directs agencies funded in this bill to
conduct an annual review of fleet utilization during the third
quarter of each fiscal year and provide their corresponding
Offices of Inspectors General [OIGs] with supporting
documentation on the method used for determining optimal fleet
inventories and justification for any deviation from GSA's
Federal Property Management Regulations. OIGs shall be
responsible for conducting annual audits of fleet management
practices and make the subsequent results for non-law
enforcement sensitive agencies publicly available.
Reducing Duplication and Improving Efficiencies.--The
Committee directs each agency funded in this bill to report to
the Committee, within 1 year of enactment of this act, on all
efforts made to address the duplication of Federal programs
identified by annual GAO reports along with identifying
substantive challenges and legal barriers to implementing GAO's
recommendations, along with suggested legislative
recommendations that could help the agency to further reduce
duplication.
Reprogrammings, Reorganizations, and Relocations
Section 505, contained in the ``General Provisions'' of
title V, provides procedures for the reprogramming of funds. To
reprogram is to change the use of funds from the specific
purposes provided for in the act and the accompanying report
or, in the absence of direction from the Committee, from the
specific purposes provided for in the administration's budget
request. Each title of the bill has also traditionally included
separate provisions that define permissible transfers of
resources between appropriation accounts. These transfer
authority provisions are also pursuant to section 505 and were
initiated in the early 1990s to provide additional flexibility
to the agencies under the subcommittee's jurisdiction.
The Committee expects each department and agency to closely
follow the reprogramming procedures listed in section 505.
These procedures apply to funds provided under this act,
provided under previous appropriations acts that remain
available for obligation or expenditure in fiscal year 2018, or
provided from any accounts in the Treasury available to the
agencies funded by this act. Section 505 requires that the
Committee on Appropriations be notified by letter, at least 15
days prior to reprogramming of funds, whether permanent or
temporary, in excess of $500,000 or 10 percent, whichever is
less, between programs, projects, or activities. Section 505 of
this act is also applicable in cases where funding for an
activity is reduced by 10 percent. In addition, the Committee
is to be notified of reprogramming actions which are less than
these amounts if such actions would have the effect of:
committing the agency to significant funding requirements in
future years; increasing funds or personnel by any means for
any program, project, or activity for which funds have been
previously denied or restricted by Congress; creating new
programs, offices, agencies, or commissions or substantially
augmenting existing programs, offices, agencies, or
commissions; relocating offices or employees; or reorganizing
offices, programs, or activities.
The Committee also expects that any items that are subject
to interpretation will be reported. The Committee expects that
each department and agency funded in the bill will follow these
notification policies precisely and will not reallocate
resources or reorganize activities prior to submitting the
required notifications to the Committee. Reprogramming or
transfer requests shall be submitted only in the case of an
unforeseen emergency or situation that could not have been
anticipated when formulating the budget request for the current
fiscal year.
Congressional Budget Justifications
The Committee directs that all departments and agencies
funded within this bill shall submit all of their fiscal year
2019 budget justifications concurrently with the official
submission of the administration's budget to Congress. Further,
all departments and agencies with classified programs funded
within this act are directed to submit their classified budget
justification documents to the Committee, through appropriate
means, at the same time the unclassified budget justifications
are transmitted.
These justifications shall include a sufficient level of
detailed data, exhibits, and explanatory statements to support
the appropriations requests, including tables that outline each
agency's programs, projects, and activities for fiscal years
2018 and 2019. For example, when requesting an enhancement of
resources, the justification should detail the existing program
and what the new resources would buy. The Committee directs the
chief financial officer of each department or agency funded in
this act's jurisdiction to ensure that adequate justification
is given to each increase, decrease, and staffing and function
change proposed in the fiscal year 2019 budget, particularly
within the departmental operations and management accounts.
The Committee expects that the fiscal year 2019 submissions
will include sufficient detail to justify all programs,
projects, and activities contained in each department, agency,
or commission budget request. Budget justifications are
prepared not for the use of the agencies but are the primary
tool of the Committee to evaluate the resource requirements and
proposals requested by the administration.
Reporting Requirements
The Committee directs the departments and agencies funded
in this bill to submit reports by the deadlines detailed herein
or to provide advance notification if there is sufficient
reason why deadlines cannot be met, along with the expected
date of submission.
The Committee also recognizes that some enduring reporting
requirements from previous Appropriations laws may no longer be
necessary for Congressional oversight purposes. In the interest
of reducing government waste and expediting responses to
current report mandates, each department or agency is invited
to submit a list of reporting requirements that it considers
outdated or no longer relevant for the review of the Committees
on Appropriations. Any list submitted for review shall cite the
original authority as well as a justification for eliminating
each reporting requirement.
Reductions-in-Force
The Committee directs departments or agencies funded in the
accompanying bill that are planning to conduct a reduction-in-
force to notify the Committee in writing 30 days in advance of
the date of the proposed personnel action.
Appropriations Liaisons
The Committee prefers to channel the majority of its
inquiries and requests for information and assistance through
the budget offices or comptroller offices of the departments
and agencies which it oversees but reserves the right to call
upon any individual or organization in any agency under its
jurisdiction.
TITLE I
DEPARTMENT OF COMMERCE
The Committee recommends a total of $9,160,528,000 for the
Department of Commerce [DOC]. The recommendation is $76,441,000
below the fiscal year 2017 enacted level and $1,346,829,000
above the budget request.
The Department of Commerce is responsible for a variety of
activities critical to our Nation's well-being, including
economic development, intellectual property protection,
standards and measurements, trade enforcement, weather
forecasting, and fisheries management. Our Nation relies on the
Department to maintain America's competitiveness within today's
foreign markets while promoting and expanding international
trade opportunities. The Department brings together a diverse
set of bureaus, specialized experts, research laboratories, and
applied technology programs to support and expand opportunities
for growth in the private sector. Few departments have such
potential to directly impact the strength and sustainability of
our communities and local businesses.
International Trade Administration
OPERATIONS AND ADMINISTRATION
Appropriations, 2017.................................... $495,000,000
Budget estimate, 2018................................... 455,500,000
Committee recommendation................................ 495,000,000
The Committee's recommendation provides $495,000,000 for
the International Trade Administration [ITA]. The
recommendation is equal to the fiscal year 2017 enacted level
and $39,500,000 above the budget request. The discretionary
appropriation is offset by $13,000,000 in fee collections.
Offsetting Fee Collections.--ITA shall continue to identify
and include an accurate assessment of expected fee collections
and corresponding expenditures in its fiscal year 2018 spending
plan and in its fiscal year 2019 budget request.
Trade Enforcement.--The Committee provides $2,000,000 above
the fiscal year 2017 enacted level for the Office of
Enforcement and Compliance. ITA should make enforcement of
antidumping and countervailing duties [AD/CVD] a priority,
including thoroughly investigating dumping and subsidies
causing injury to domestic businesses and expeditiously
reducing trade remedy case backlogs.
Additionally, the Committee is supportive of the
Administration's request to self-initiate AD/CVD cases, as is
authorized under current law. The process of preparing and
filing a petition is time-consuming and expensive and,
frequently, industry has already suffered injury in order to
meet the statutory standard for initiating an AD/CVD
investigation. ITA is encouraged to use funding under
Enforcement and Compliance to provide direct assistance to
industries in support of self-initiated cases and other AD/CVD
enforcement.
Trade Fraud and Evasion.--The Committee encourages ITA to
coordinate with appropriate agencies, such as Customs and
Border Protection, Immigration and Customs Enforcement, the
International Trade Commission, and the Departments of Justice
and State, in order to report to the Committee on legislative
remedies that may be needed to support U.S. Government-wide
efforts to combat trade fraud and evasion.
Additionally, the Committee notes that funding formerly
requested for the Interagency Trade Enforcement Center has been
moved from ITA to the Office of the United States Trade
Representative for the Interagency Center on Trade
Implementation, Monitoring, and Enforcement, following passage
of the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-125). As such, no funds are provided for these
activities in ITA, but ITA shall continue to collaborate with
all other Federal trade agencies to ensure U.S. trade laws and
agreements are enforced fairly.
U.S. and Foreign Commercial Service.--The U.S. and Foreign
Commercial Service [US&FCS] provides significant value to U.S.
businesses looking to expand overseas export opportunities. The
Committee rejects the proposed cuts to the US&FCS and directs
ITA to fund US&FCS, and its core mission of export promotion,
at the highest possible level in fiscal year 2018, and at no
less than the amount provided in fiscal year 2017. At this
funding level, the Committee does not anticipate the closure of
any foreign or domestic offices. No offices shall be closed in
fiscal year 2018 unless the Committee approves a reprogramming
request to close such office or offices. Additionally, the
Committee will not approve requests to close any domestic
offices, called U.S. Export Assistance Centers, if such Center
is the only one located in a given State.
Additionally, ITA is directed to submit, in its fiscal year
2018 spending plan and 2019 budget request, a breakdown of
Global Markets funding for the US&FCS and for other activities.
Report on Export Successes.--The Committee directs ITA to
submit, not more than 90 days after enactment of this act, a
plan to account for and publish U.S. export successes resulting
from interactions with the US&FCS or other entities at ITA, to
include information relating to industry, value, and States
involved in such exports.
SelectUSA.--Up to $10,00,000 is provided for SelectUSA,
except that none of the funds provided may be used to
facilitate foreign direct investment in the United States
unless an updated protocol to ensure that SelectUSA activities
do not encourage such investments in the United States by
State-owned entities is delivered to the Committee within 30
days of enactment of this act.
China AD/CVD.--The Committee provides no less than
$16,400,000 for China AD/CVD enforcement and compliance
activities.
Capture and Trade Enforcement.--The Committee has long
supported and valued the importance of trade enforcement for
ensuring American businesses and products can enter the global
marketplace on a level playing field. The objectivity of trade
officials at ITA is essential for the success of our trade
enforcement laws. The Committee is aware that the nature of
trade enforcement activities involves the risk of ``capture,''
which is the process in which regulating officials begin to
identify with regulated parties. Capture is often unintentional
and develops over long periods of time, but can significantly
influence regulators' decisionmaking. To better ensure the
objectivity of enforcement decisions against foreign entities,
including decisions not to enforce trade laws, the Committee
directs ITA to provide a report to the Committee and the Office
of Inspector General [OIG] reviewing the policies and
procedures the agency has in place to prevent capture of its
Enforcement and Compliance employees. The report shall focus on
those employees that interact most often with foreign regulated
parties and the risk of capture for these types of employees
with regard to the foreign businesses they regulate, and shall
be delivered to the Committee and the OIG within 180 days of
enactment of this act.
Survey of International Air Travelers [SIAT].--The
Committee does not adopt the administration's proposal to seek
alternative funding sources for SIAT and directs ITA to
continue funding SIAT out of its base budget. Within funds
provided, ITA is encouraged to increase the sample size for
SIAT.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
Appropriations, 2017.................................... $112,500,000
Budget estimate, 2018................................... 113,500,000
Committee recommendation................................ 112,500,000
The Committee's recommendation provides $112,500,000 for
the Bureau of Industry and Security [BIS]. The recommendation
is equal to the fiscal year 2017 enacted level and $1,000,000
below the budget request.
BIS is the principal agency involved in the development,
implementation, and enforcement of export controls for
commercial technologies and for many military technologies as a
result of the President's export control reform initiative. The
Export Enforcement Division detects, prevents, investigates,
and assists in the sanctioning of illegal exports of such
items.
Export Control Reform.--The Committee recognizes the
importance of completing the Export Control Reform Initiative,
which is designed to enhance U.S. national security and the
competitiveness of American businesses in the global economy by
simplifying and streamlining the export control system. The
Committee directs BIS to continue to work with the Department
of State, in consultation with the Senate Committees on
Appropriations, Foreign Relations, and Banking, and with other
interested parties to conclude work on the remaining categories
on the U.S. Munitions List and directs the Department to
provide a summary of its progress within 180 days of enactment
of this act.
Restrictive Regulations.--The Committee recognizes the
rapid growth of technologies controlled under Category XII of
the U.S. Munitions List and Category 6 of the Commerce Control
List [CCL]. Photonic components such as optics, sensors,
fibers, lasers, photodetectors, and light modulators constitute
$182,000,000,000 global industry, supporting 190,000 jobs in
the United States alone. Overly restrictive regulation on dual-
use technologies create barriers to business, research, and
workforce development for U.S. manufacturers and exporters.
Well-written, precise regulations that account for
international availability and commercial uses of controlled
technologies are critical to U.S. competitiveness, especially
for small- and mid-size companies in the United States.
Economic Development Administration
Appropriations, 2017.................................... $276,000,000
Budget estimate, 2018................................... 30,000,000
Committee recommendation................................ 254,000,000
The Committee's recommendation provides $254,000,000 for
the Economic Development Administration [EDA]. The
recommendation is $22,000,000 below the fiscal year 2017
enacted level and $224,000,000 above the budget request.
EDA provides grants to local governments and nonprofit
agencies for public works, planning, and other projects
designed to facilitate economic development. The Committee
directs EDA to coordinate with regional development
organizations to support projects that will address some of the
pressing issues that challenge rural economic development,
including the opioid epidemic and inequities in broadband
access. Funding amounts for the two appropriations accounts
under this heading are displayed below.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
Appropriations, 2017.................................... $237,000,000
Budget estimate, 2018...................................................
Committee recommendation................................ 215,000,000
The Committee's recommendation provides $215,000,000 for
Economic Development Assistance Programs. The recommendation is
$22,000,000 below the fiscal year 2017 enacted level and
$215,000,000 above the budget request. EDA is directed to focus
on its core programs and mission to aid the most distressed
communities across the country. The Committee expects EDA to
use all available carryover and prior year recoveries to the
maximum extent possible. EDA shall consider geographic equity
in making all award decisions and shall ensure that rural
projects are adequately represented among those selected for
funding. Of the amounts provided, funds are to be distributed
as follows, and any deviation of funds shall be subject to the
procedures set forth in section 505 of this act:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Public Works............................................ 100,00
Economic Adjustment Assistance.......................... 37,000
Trade Adjustment Assistance for Firms................... 13,000
Regional Innovation Program............................. 21,000
Partnership Planning.................................... 33,000
Technical Assistance.................................... 9,500
Research and Evaluation................................. 1,500
---------------
Total............................................. 215,000
------------------------------------------------------------------------
Economic Adjustment Assistance [EAA].--EAA is EDA's most
flexible economic development program, which provides access to
appropriate funding for everything from disaster recovery to
business accelerators and incubators. Within funding for EAA,
the Committee provides no less than the fiscal year 2017
enacted level to support EDA's collaborations with the Delta
Regional Authority and the Appalachian Regional Commission to
assist distressed communities. In addition, $3,000,000 is
provided for EDA to collaborate with the Northern Border
Regional Commission to support the development of markets for
wood products. The Committee encourages EDA to work with
communities researching and developing new construction
technologies, such as engineered wood products.
Historic Railroad Corridors.--The Committee notes that
projects to preserve historic railroad corridors through
development of shared-use pedestrian, bicycle, and transit
paths may be eligible for EDA funding. EDA is encouraged to
consider such projects when consistent with a region's
Comprehensive Economic Development Strategy.
Regional Innovation Program [RIP].--The Committee provides
$21,000,000 to EDA for grants under RIP as authorized under the
Revitalize American Manufacturing and Innovation Act of 2014
(Public Law 113-235). RIP awards competitive grants to regional
entities in support of innovation and entrepreneurship. EDA
shall continue to ensure that RIP awards go to multiple
grantees in multiple and diverse geographic areas, including an
increased focus on organizations and States that have not
previously received funding from the program. Furthermore,
within funds provided for RIP, EDA shall award not less than 40
percent of grants to support rural communities.
University-based Business Incubators.--Within funding
provided under RIP, the Committee directs EDA to invest in
university-based, high-tech business incubators to encourage
entrepreneurship and promote technology commercialization
through business startups. Funding awards should include
support for incubator projects where Federal labs and
universities are collaborating to stimulate commercialization
of research. Furthermore, this activity should support private-
public partnerships for economic growth and job creation in
areas of high unemployment.
New Forest Products.--The Committee notes that many forest-
based economies have experienced disruption and decline in
recent years. EDA is encouraged to work with communities and
regions that have been adversely impacted by rapid changes in
the timber marketplace and to support projects that help these
communities develop related industries, including
commercialization of new forest products using low-grade wood.
This work may include the coordination of economic development
efforts across multiple States or Economic Development
Districts. Additionally, the Committee reiterates that
communities facing job losses are eligible for all EDA
programs.
Denali Commission Federal Co-Chairperson.--The Committee
notes that under the Denali Commission's enabling statute, the
Federal Co-chairperson is specifically granted authority to
respond to the Commission's work plan and is required to do so
not later than 30 days after such plan has been published in
the Federal Register. The Committee believes that the
requirements of this statute might be met more efficiently by
housing the Federal Co-chairperson in the Office of the
Secretary. Not later than 45 days following enactment of this
act, the Department shall review and report to the Committee on
ways in which the Commission's work plans will be consistently
and more efficiently responded to by the statutory deadline.
STEM apprenticeships.--The Committee notes that over the
past decade, the growth in jobs requiring sophisticated
science, technology, engineering, and math [STEM] skills was
three times faster than growth in non-STEM jobs. Yet, U.S.
employers have struggled to fill jobs in these fields. Because
more than 50 percent of jobs that require STEM skills do not
require a bachelor's degree, nontraditional higher education,
such as apprenticeships, will be instrumental in meeting the
urgent demand for a STEM-literate workforce. The Committee
encourages EDA to provide grants to communities to create and
expand STEM apprenticeship and other workforce training models,
as directed in section 312 of the American Innovation and
Competitiveness Act, Public Law 114-329.
Investing in Manufacturing Communities Partnership Program
[IMCP].--The Committee notes that no funding has been requested
and no funding is provided for the IMCP for fiscal year 2018.
SALARIES AND EXPENSES
Appropriations, 2017.................................... $39,000,000
Budget estimate, 2018................................... 30,000,000
Committee recommendation................................ 39,000,000
The Committee's recommendation provides $39,000,000 for
salaries and expenses. The recommendation is the same as the
fiscal year 2017 enacted level and $9,000,000 above the budget
request.
The Committee is concerned by the number of vacancies at
EDA, particularly in its six regional offices. The Department
is reminded that budget requests to Congress do not supersede
current appropriations, and the Committee directs EDA to
expedite its efforts to fill all outstanding vacancies
regardless of any current or future budget requests.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
Appropriations, 2017.................................... $34,000,000
Budget estimate, 2018................................... 6,000,000
Committee recommendation................................ 34,000,000
The Committee's recommendation provides $34,000,000 for the
Minority Business Development Agency [MBDA]. The recommendation
is equal to the fiscal year 2017 enacted level and is
$28,000,000 above the budget request. MBDA is the only Federal
agency dedicated to promoting the growth of minority-owned
firms and assists small, medium, and large minority business
enterprises to increase revenues and create jobs.
Annual Report.--The Committee recognizes the disparities in
access to capital for minority-owned firms and businesses,
including lower loan amounts, loan denials, and liquidated
constraints. MBDA is encouraged to submit an annual report to
Congress on the state of minority-owned businesses, which may
include policy recommendations to ensure fair access to credit
between minority-owned businesses and non-minority-owned
businesses.
Indian Tribes.--Within funds provided, MBDA is encouraged
to address barriers to economic development for tribes and
American Indian, Alaska Native, and Native Hawaiian
populations, including full implementation of Public Laws 106-
447 and 106-464.
Economic and Statistical Analysis
SALARIES AND EXPENSES
Appropriations, 2017.................................... $107,300,000
Budget estimate, 2018................................... 97,000,000
Committee recommendation................................ 99,000,000
The Committee's recommendation provides $99,000,000 for
Economic and Statistical Analysis [ESA]. The recommendation is
$8,300,000 below the fiscal year 2017 enacted level and
$2,000,000 above the budget request. ESA conducts research to
provide a better understanding of the U.S. economy, which helps
Government make more informed policy decisions.
The Committee does not object to the Department's proposed
consolidation of the Economics and Statistics Administration
and the Bureau of Economic Analysis [BEA]; however, the
proposed consolidation will not be approved until a
reprogramming package detailing the planned consolidation is
approved by the Committee. The reprogramming should include
additional information about the impacts of the consolidation,
including whether Gross Domestic Product [GDP] estimates and
other critical economic reports will be released by BEA or by
the Office of the Secretary; an accounting of which positions
will be moved to BEA or to the Office of the Secretary, or will
be eliminated entirely; and how the Under Secretary of Commerce
for Economic Affairs will oversee BEA, the Bureau of the
Census, and activities conducted within the Office of the
Secretary.
The Committee provides funding for continued development of
the Regional Economic Dashboard, including improved local area
statistics and providing GDP data by county. The Department is
directed to continue development of these products.
Additionally, the Committee encourages the Department to
strengthen coordination with authorities and commissions, such
as the Appalachian Regional Commission, Delta Regional
Authority, and Northern Border Regional Commission, to improve
economic development reporting and support State and local
decision makers who use these data products to catalyze private
sector investments in rural and geographically challenged
areas.
The Committee continues to support the Department's ongoing
collaboration with the Federal Recreation Council and other
Federal agencies to quantify the outdoor recreation sector's
contributions to the U.S. economy and encourages the Department
to prioritize existing resources to complete the analysis
before the statutory deadline of December 8, 2018. The
Department shall provide a written update on its efforts to
fulfill the requirements of Public Law 114-249 within 30 days
of enactment of this act, and semiannually thereafter, until
such data products are released.
Bureau of the Census
Appropriations, 2017.................................... $1,470,000,000
Budget estimate, 2018................................... 1,497,000,000
Committee recommendation................................ 1,521,000,000
The Committee's recommendation provides $1,521,000,000 for
the Census Bureau. The recommendation is $51,000,000 above the
fiscal year 2017 enacted level and $24,000,000 above the budget
request.
CURRENT SURVEYS AND PROGRAMS
Appropriations, 2017.................................... $270,000,000
Budget estimate, 2018................................... 246,000,000
Committee recommendation................................ 270,000,000
The Committee's recommendation provides $270,000,000 for
current surveys and programs. The recommendation is equal to
the fiscal year 2017 enacted level and $24,000,000 above the
budget request. This account provides for the salaries and
expenses associated with the statistical programs of the Bureau
of the Census, including measurement of the Nation's economy
and the demographic characteristics of the population.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $1,200,000,000
Budget estimate, 2018................................... 1,251,000,000
Committee recommendation................................ 1,251,000,000
The Committee's recommendation provides $1,251,000,000 for
periodic censuses and programs. The recommendation is
$51,000,000 above the fiscal year 2017 enacted level and equal
to the budget request.
This account provides for the constitutionally mandated
Decennial Census as well as other cyclical programs.
Additionally, individual surveys are conducted for other
Federal agencies on a reimbursable basis.
While the Committee provides the full requested amount for
Periodic Censuses and Programs, the Committee is seriously
concerned that the request may not be adequate to meet the
Bureau's planning, testing, and development needs for the 2020
Decennial Census, particularly in light of the 47-percent
increase in the lifecycle cost estimate for the Census
Enterprise Data Collection and Processing [CEDCaP]. The
Committee understands that the Secretary of Commerce and the
Office of Management and Budget [OMB] are in the process of
reexamining the budget request, and the Committee will
reevaluate any proposed changes to the request for Periodic
Censuses and Programs when this assessment is complete. The
Office of the Secretary and the Census Bureau are directed to
work with OMB to complete their review as expeditiously as
possible, and to consider the impact of fiscal year 2018
testing and development on total lifecycle cost.
To help ensure the Census Bureau is on track and managing
its key decisions that still need to be made, Information
Technology [IT] systems that need to be delivered, and risks
that need to be managed, the Census Bureau shall provide the
Committee and GAO with the following information not later than
60 days after enactment of this act: (1) a list of all
operations and IT systems, functionality, or infrastructure
still being considered for the 2020 Census; (2) a list of all
operations and IT systems, functionality, or infrastructure
being considered for the 2020 Census that will not be in the
2018 End-to-End Test, as well as the current estimates of when
those elements will be operationally tested, if at all; (3) a
list of all operations and IT systems, functionality, or
infrastructure for which it is known that what or how it is
being tested in the 2018 End-to-End test differs from what or
how those elements will be used for the 2020 Census; (4) plans
to manage and mitigate each ``red'' program-level risk
identified for either the 2020 Census or CEDCaP programs; (5) a
spend plan for the 2018 End-to-End Test, including quarter-by-
quarter expected obligations, and (6) an updated life-cycle
cost estimate for the 2020 Census.
Oversight of Periodic Census Programs.--The Committee's
recommendation provides $2,580,000 for the OIG to continue
oversight and audits of periodic censuses and to provide the
Bureau and Congress with independent recommendations for
improving operations, which will be useful for oversight of the
2020 Decennial Census. The Committee directs the Bureau to
follow the OIG's recommendations.
Quarterly Status Reports.--The Census Bureau is directed to
continue its quarterly status reports to the Committee as it
prepares for the 2020 Decennial Census. As the 2020 Decennial
Census approaches, the Bureau is reminded that these quarterly
reports must be scheduled on a timely basis to keep the
Committee informed of the progress in executing the Bureau's
plans, to identify ongoing and emerging risks, and to provide
early warnings when goals and cost schedules are not being
achieved.
2020 Decennial Census.--The Census Bureau is directed to
prioritize spending for activities that have the greatest
potential to reduce cost and risk for the 2020 Decennial
Census. Controlling costs for the 2020 Decennial Census remains
a top oversight concern for the Committee. The Bureau shall
continue to work to bring down the cost of the 2020 Decennial
Census to a level less than the 2010 Census, not adjusting for
inflation.
Administrative Records.--The Census Bureau plans to save
money during the 2020 Decennial Census cycle by using existing
records and data to reduce unnecessary and costly duplication
and to conduct more efficient non-response follow up. The
Bureau is directed to work with Federal, State, tribal, local,
and other partners to obtain the necessary records. In order to
identify progress and gaps in administrative records access,
the Bureau is directed to provide the Committee, within 30 days
of enactment of this act, a report that details which records
the Bureau currently has access to and which additional records
the Bureau is seeking, including the purpose of each category
of records, a summary of their impact on reducing cost or
burden in the 2020 Decennial Census, and steps taken to acquire
them.
Undercounting.--The Committee urges the Census Bureau to
ensure that the impact of new enumeration methods do not
negatively affect demographic groups identified in its 2010
Census Coverage Measurement Survey as undercounted and directs
the Bureau to provide a report within 60 days of enactment of
this act providing the measures that are being taken to ensure
potential undercounts of these groups are appropriately
mitigated.
American Community Survey [ACS].--The Committee supports
the ACS and directs the Bureau to continue using the ACS as a
testbed for innovative survey and data processing techniques
that will help to save money and reduce risk during the 2020
Decennial Census cycle. The Committee also notes that ACS is
often the primary or only source of data available to State,
local, and Federal agencies that need adequate information on a
wide range of topics, including the needs of veterans,
retirees, and families with school-age children, in order to
reliably serve those communities. The ACS is especially
important to Americans who live in small towns and rural areas,
as this survey often provides the only reliable and consistent
source of information about these communities, and the Bureau
should ensure that rural areas are covered with the same
accuracy as urban areas to the maximum extent practicable. The
Committee further expects the Bureau to continue providing
updates to the Committee on efforts to evaluate and, where
possible, to reduce the number of questions included in the
ACS, and the steps being taken to ensure that the ACS is
conducted as efficiently and unobtrusively as possible.
Local Service Organizations.--The Bureau should consider
working with local service organizations as part of the overall
strategy to maximize survey response, especially for homeless
and displaced populations in rural areas.
Asian American and Pacific Islanders.--Within funds
provided, the Bureau is encouraged to continue collecting data
and reporting on the homeownership rates of Asian American and
Pacific Islanders and to include this data in a separate column
in the Census Quarterly Press Release on Homeownership Rates by
Race and Ethnicity of Householder.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
Appropriations, 2017.................................... $32,000,000
Budget estimate, 2018................................... 36,000,000
Committee recommendation................................ 32,000,000
The Committee's recommendation provides $32,000,000 for
National Telecommunications and Information Administration
[NTIA] salaries and expenses. The recommendation is the same as
the fiscal year 2017 enacted level and $4,000,000 below the
budget request.
The Committee retains language from previous years allowing
the Secretary of Commerce to collect reimbursements from other
Federal agencies for a portion of the cost resulting from the
coordination of spectrum management, analysis, and operations.
NTIA shall submit a report to the Committee no later than June
1, 2018, detailing the collection of reimbursements from other
agencies.
Next Generation Broadband in Rural Areas.--The Committee
remains concerned that next-generation broadband technologies
have not been sufficiently deployed in rural areas of the
nation. The Committee directs NTIA, in coordination with the
Commerce Spectrum Management Advisory Committee and the
Broadband Opportunity Council, to study the impact that next-
generation broadband technologies can have on rural areas and
to report to the Committee no later than 1 year after enactment
of this act on policies to promote deployment of broadband
technologies in rural areas, including identification of
critical gaps in broadband access, hurdles to deployment, and
establishment of goals and benchmarks by which to measure
progress in future years.
Federal Spectrum Management.--The Committee directs NTIA to
continue to evaluate options for repurposing spectrum for
broadband in support of making 500 megahertz [MHz] of spectrum
available for wireless broadband use. NTIA shall also provide
the Committee with quarterly updates on the progress in making
500 MHz of spectrum available for commercial mobile use,
including the strategy for freeing up additional spectrum from
Federal agencies.
Accelerating Spectrum Transitions.--Permitting Federal
entities to accept certain payments, including in-kind payments
and services, from private entities may expedite the
implementation of Federal transition plans after spectrum
auctions. The Committee directs NTIA to evaluate whether
permitting eligible Federal entities to accept such payments
could result in access to auctioned spectrum frequencies sooner
than would otherwise occur without such payments, including any
necessary legislative changes. NTIA is directed to report to
the Committee and to the Senate Committee on Commerce, Science,
and Transportation no later than 180 days after the enactment
of this act on the results of its evaluation.
Spectrum Management for Science.--Preserving access to key
portions of radio spectrum important for radio astronomy
observations and other scientific uses is essential for
scientific discovery. The Committee encourages NTIA, in
coordination with the Federal Communications Commission [FCC]
and other appropriate stakeholders, to continue ensuring
spectrum access for radio astronomy as commercial use of radio
spectrum increases.
Low Power Television Translators.--The Committee directs
NTIA to continue providing any requested technical assistance
to the FCC in its efforts to address the needs of low power
broadcasters.
Internet Corporation for Assigned Names and Numbers
[ICANN].--The Committee directs NTIA to remain a strong
advocate for American companies, consumers, and government
interests through its participation within the Governmental
Advisory Committee and other mechanisms within ICANN. The
Committee directs NTIA to ensure that the principles of
accountability, transparency, security, and stability of the
Internet are protected for consumers, businesses, and
Government users. NTIA shall report semiannually to the
Committee on adopted ICANN policies, including whether or not
NTIA supported any changes, and to report on any changes that
affect the .gov, .mil, .edu, and .us domains.
FirstNet.--The Committee is supportive of FirstNet
continuing a funding agreement with the Department of
Commerce's Inspector General for the purposes of oversight and
accountability of FirstNet through the end of fiscal year 2018.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION
The Committee provides bill language allowing NTIA to
continue oversight and administration of previously awarded
grants. NTIA shall not use unobligated balances to award new
grants.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2017.................................... $3,230,000,000
Budget estimate, 2018................................... 3,500,000,000
Committee recommendation................................ 3,500,000,000
The Committee's recommendation provides $3,500,000,000 for
the United States Patent and Trademark Office [USPTO], which is
$270,000,000 above the fiscal year 2017 enacted level and equal
to the budget request, to be derived from offsetting fee
collections. Since fiscal year 2005, the Committee has refused
to divert patent fees to other purposes.
USPTO examines patent applications, grants patent
protection for qualified inventions, and disseminates
technological information disclosed in patents. USPTO also
examines trademark applications and provides Federal
registration to owners of qualified trademarks.
Budget Execution.--The Committee continues to allow USPTO
full access to patent and trademark fees and provides bill
language allowing USPTO to retain any revenue in excess of
appropriated levels.
Transfer to Office of Inspector General [OIG].--The
Committee provides $2,000,000 for OIG to continue oversight and
audits of USPTO operations and budget transparency, and USPTO
is directed to work with the Department of Commerce to
implement all OIG recommendations.
Reprogramming and Spend Plan.--USPTO shall follow the
reprogramming procedures outlined in section 505 of this act
before using excess fee collections to forward fund expenses
beyond fiscal year 2018. Any deviations from the funding
distribution provided for, including carryover balances, are
subject to the standard reprogramming procedures set forth in
section 505 of this act. USPTO is directed to provide, as part
of the spending plan required in section 533 of this act, all
carryover balances from previous fiscal years and a description
of any changes to the patent or trademark fee structure. Any
changes from the spending plan shall also be subject to section
505 of this act. USPTO is directed to submit all reprogramming
requests, spending plans, and budget justifications to the
Committee through the Department of Commerce.
Intellectual Property [IP] Attaches.--The Committee is
concerned by reports that USPTO's IP attaches may not have
adequate access to their foreign government counterparts and
are not consistently involved in Embassy or consulate
conversations regarding intellectual property matters. The
Secretary is directed to work with USPTO, the US&FCS, and the
Department of State to ensure that the attaches are
appropriately utilized, including in discussions and
negotiations at the Counselor rank and above.
National Institute of Standards and Technology
Appropriations, 2017.................................... $952,000,000
Budget estimate, 2018................................... 725,000,000
Committee recommendation................................ 944,000,000
The Committee's recommendation provides $944,000,000 for
the National Institute of Standards and Technology [NIST]. The
recommendation is $8,000,000 below the fiscal year 2017 enacted
level and $219,000,000 above the budget request. Up to
$9,000,000 may be transferred from the Scientific and Technical
Research and Services account to the Working Capital Fund.
NIST's mission is to promote U.S. innovation and industrial
competitiveness by advancing measurement science, standards,
and technology in ways that enhance economic security and
improve our quality of life.
A description of each NIST account and the corresponding
Committee recommendation follows in the subsequent three
headings.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $690,000,000
Budget estimate, 2018................................... 600,000,000
Committee recommendation................................ 695,000,000
The Committee's recommendation provides $695,000,000 for
NIST Scientific and Technical Research and Services [STRS]. The
recommendation is $5,000,000 above the fiscal year 2017 enacted
level and $95,000,000 above the budget request. The Committee
directs NIST to provide a detailed spending plan for NIST's
highest priority laboratory programs describing resources used
for each program, project, or activity.
Cybersecurity.--No less than the fiscal year 2017 amount is
provided for cybersecurity research, outreach, industry
partnerships, and other activities at NIST. Within funds
provided, NIST is encouraged to update and enhance the NIST
Cybersecurity Framework.
National Cybersecurity Center of Excellence [NCCoE].--The
Committee is still awaiting the report directed in fiscal year
2017 regarding the NCCoE's absorption of the National Strategy
for Trusted Identities in Cyberspace mission, personnel, and
funding. No less than $33,000,000 is provided for the expanded
NCCoE. NIST shall provide a detailed accounting for the NCCoE's
budget and activities in its fiscal year 2018 spend plan.
Internet of Things [IoT].--The Committee provides up to
$2,000,000 to develop an IoT cybersecurity research initiative
and partner, as appropriate, with academic entities and
industry to address vulnerabilities of IoT devices. The
initiative shall seek to improve security of IoT devices in
consumer and industrial settings, including new designs,
protocols, algorithms, system architectures, identity and
lifecycle strategies, system hardware features, and proposed
security standards.
Forensic Sciences.--The Committee provides no less than the
fiscal year 2017 amount for forensic science research.
Additionally, the Committee provides $3,000,000 to support the
Organization of Scientific Area Committees and $1,000,000 to
support technical merit evaluations previously funded by
transfer from DOJ.
Disaster Resilient Buildings.--The Committee continues to
recognize the importance of industry and municipal standards to
better mitigate the impact of natural disasters and extreme
weather events. However, because the private sector can provide
meaningful contributions to these advancements, the Committee
believes this program should be reduced by not less than
$5,000,000 from the fiscal year 2017 enacted amount.
Furthermore, no funding shall be provided through competitive
external awards under STRS for Disaster Resilient Buildings.
Helmet Safety.--The Committee is aware of scientific data
that demonstrates a correlation between football-related
collisions and concussions, as well as other traumatic brain
injuries that can lead to debilitating neural diseases such as
dementia and chronic traumatic encephalopathy. The Committee
encourages NIST to investigate an effective national testing
standard to better scientifically understand the inadequacies
of sports helmets while exploring future product designs that
can safely reduce the neural risk of playing football, hockey,
and other high-impact sports. The academic community has
substantial knowledge of these issues and NIST should work
cooperatively with the academic community by funding research
for advanced helmets and equipment and in developing new
testing standards to ensure player safety. Additionally, NIST
should consider establishing an effective national testing
standard to inform the development of youth-specific helmet
safety standards.
Metals-Based Additive Manufacturing.--The Committee
provides up to $5,000,000 for competitive external grants for
academic institutions to support research, development, and
workforce training to overcome barriers to high-volume additive
manufacturing of metals. While the Committee is aware of recent
breakthroughs in metals-based additive manufacturing, major
technical barriers still exist to dramatically improving build
rates that would enable commercial markets to benefit from
high-volume, metals-based additive manufacturing.
Plastics and Polymeric Materials.--The Committee recognizes
the significant contributions that plastics have made to
virtually all sectors of the economy, including in healthcare,
infrastructure, food, and cosmetics, among many others.
However, plastics take significant time to degrade in the
environment due to their durability--a feature that makes them
valuable for various societal uses. The Committee believes
advancements in creating products from recycled plastics could
provide a more sustainable option for their use. Many hurdles
remain in manufacturing products from recycled plastics with
the same strength, color, odor, and malleability of new plastic
products. Therefore, the Committee provides up to $5,000,000
for competitive external grants for academic institutions to
investigate plastic and polymeric materials, as well as novel
methods to characterize both known and newly developed
materials. Such investigations should address ways to increase
the strength of recycled plastics and better understand
mechanical properties including tensile stress, compressive
stress, thermal properties, and nanostructure of polymeric
materials that could serve as industry standards for recycled
plastic products.
Pyrrhotite in Concrete Aggregate.--NIST shall consider
establishing standards for acceptable levels of pyrrhotite in
concrete aggregate, and shall continue providing technical
assistance to those interested in pyrrhotite detection,
prevention, and mitigation tools.
Regenerative Medicine Standards.--The Committee recognizes
the important role of standards in spurring the discovery and
development of new, innovative therapies in regenerative
medicine, cell and gene therapy. The Committee applauds NIST
for its continued leadership and collaboration with the
recently established Standards Coordinating Body [SCB], which
facilitates standards development for the regenerative
medicine, cell and gene therapy, and tissue engineering
sectors. The Committee notes the SCB has formed a public-
private partnership with NIST and encourages NIST to continue
its work through the SCB with the Food and Drug Administration
[FDA], regenerative medicine, cell and gene therapy product
developers, contract manufacturers, standards development
organizations, and other stakeholders. Further, as required
under the 21st Century Cures Act (Public Law 114-255), the
Committee directs NIST to continue its work with FDA and
relevant stakeholders to engage in a public process to come up
with standards for the development, evaluation, and review of
regenerative medicines.
Spectrum Challenge Prize.--The Committee encourages NIST,
subject to the availability of funds, to conduct prize
competitions to dramatically accelerate the development and
commercialization of technology that improves spectrum
efficiency and is capable of cost-effective deployment. NIST is
encouraged to work with the Defense Advanced Research Projects
Agency, the Federal Communications Commission, and other
relevant Federal agencies to assist in the design of the prize
competitions.
Urban Dome Program.--The Committee notes the value of
NIST's Urban Dome program and the importance of accurate
measurement science for environmental monitoring and human
health, as more than half the world's population is living in
urban areas, and this concentration is expected to intensify
over the coming decades. The Committee provides no less than
the fiscal year 2017 amount for the Office of Special Programs
to maintain and consider expanding the number of urban dome
locations in fiscal year 2018.
Baldrige Performance Excellence.--The Committee provides
$2,200,000 for costs associated with NIST's current level of
personnel support and expertise that contribute to the Baldrige
program. However, the Committee has previously directed the
program to become self-sufficient and self-funded, and believes
that with adequate fundraising and private sector support,
appropriated funds will not be needed in future fiscal years.
The Committee encourages the Secretary to work with the
Baldrige program's private sector foundation to conduct a
fundraising campaign to support the program as authorized in
section 3(f) of Public Law 100-107.
INDUSTRIAL TECHNOLOGY SERVICES
Appropriations, 2017.................................... $153,000,000
Budget estimate, 2018................................... 21,000,000
Committee recommendation................................ 145,000,000
The Committee provides $145,000,000 for Industrial
Technology Services. The recommendation is $8,000,000 below the
fiscal year 2017 enacted level and $124,000,000 above the
budget request. Supporting the Nation's manufacturers,
especially small businesses, is critical to keeping America
innovative in a global marketplace.
Hollings Manufacturing Extension Partnership Program
[MEP].--The Committee rejects the proposed elimination of MEP
and instead provides $130,000,000 for the program. The
Committee supports MEP's focus on strengthening the existing
network of MEP centers and providing additional support to
centers based on the documented performance of the center's
activities and the manufacturing capacity of the area served by
the center.
Manufacturing USA.--The Committee provides the full request
of $15,000,000 for NIST's activities in the National Network
for Manufacturing Innovation [NNMI] (also known as
``Manufacturing USA''), to include no more than $5,000,000 for
coordination activities. The Manufacturing USA program promotes
American competiveness by fostering the development of new
manufacturing techniques and fields, accelerating
commercialization, and providing technical assistance to U.S.
companies. Within funding provided, NIST shall strive to
minimize administrative costs in order to provide more direct
support for research and development.
CONSTRUCTION OF RESEARCH FACILITIES
Appropriations, 2017.................................... $109,000,000
Budget estimate, 2018................................... 104,000,000
Committee recommendation................................ 104,000,000
The Committee provides $104,000,000 for construction of
research facilities. The recommendation is $5,000,000 below the
fiscal year 2017 enacted level and equal to the budget request.
The funding provided includes $60,000,000 for the continued
renovation of NIST's radiation physics laboratories.
Additionally, NIST is directed to request sufficient funds in
fiscal year 2019 to accelerate completion of the Building 1
renovation, which has been underway since 2010 and is currently
scheduled for completion in 2028.
National Oceanic and Atmospheric Administration
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $5,675,425,000
Budget estimate, 2018................................... 4,770,699,000
Committee recommendation................................ 5,590,284,000
The Committee's recommendation provides $5,590,284,000 for
the National Oceanic and Atmospheric Administration [NOAA]. The
recommendation is $85,141,000 below the fiscal year 2017
enacted level and $819,585,000 above the budget request. The
Committee commends the Department for its work to bring down
the costs of NOAA's Procurement, Acquisition, and Construction
[PAC] accounts, which have continuously consumed nearly half of
NOAA's budget. These costs were driven primarily by budget
overruns and schedule slips in NOAA's flagship weather
satellite programs, which limited the resources available for
NOAA's other mission areas. The decrease in PAC resource needs
in fiscal year 2018 reflects the Department's and the
Committee's concerted efforts to rein in the cost of NOAA's
satellite programs and put them on a sustainable path. While
overall funding for NOAA is below the fiscal year 2017 level,
the reduction in PAC resource needs alleviates the strain on
other operations and research areas critical to NOAA's core
mission. This allowed for an increase above the fiscal year
2017 enacted level in NOAA's Operations, Research, and
Facilities accounts.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $3,367,875,000
Budget estimate, 2018................................... 2,965,549,000
Committee recommendation................................ 3,416,401,000
The Committee's recommendation provides $3,416,401,000 for
NOAA's operations, research, and facilities. The recommendation
is $48,526,000 above the fiscal year 2017 enacted level and
$450,852,000 above the budget request.
NOAA NATIONAL OCEAN SERVICE
The Committee's recommendation provides $533,219,000 for
the National Ocean Service [NOS]. NOS programs provide
scientific, technical, and management expertise to promote safe
navigation; assess the health of coastal and marine resources;
respond to natural and human-induced threats; and preserve
coastal and ocean environments.
The Committee's recommendations are displayed in the
following table:
NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Navigation, Observations and Positioning:
Navigation, Observations and Positioning........... 153,947
Hydrographic Survey Priorities/Contracts........... 30,000
Integrated Ocean Observing System--Regional 33,700
Observations......................................
----------------
Total, Navigation, Observations and Positioning.. 217,647
================
Coastal Science and Assessment:
Coastal Science, Assessment, Response and 74,472
Restoration.......................................
Competitive External Research...................... 11,000
----------------
Total, Coastal Science and Assessment............ 85,472
================
Ocean and Coastal Management and Services:
Coastal Zone Management and Services............... 42,500
Coastal Management Grants.......................... 85,000
Coral Reef Program................................. 26,600
National Estuarine Research Reserve System......... 25,000
National Marine Sanctuaries........................ 51,000
----------------
Total, Ocean and Coastal Management and Services. 230,100
================
GRAND TOTAL NOS.................................. 533,219
------------------------------------------------------------------------
Navigation, Observations and Positioning.--The Committee
strongly supports activities under Navigation, Observations and
Positioning, including the full operational funding for NOAA's
Navigation Response Teams.
Hydrographic Surveys and Contracts.--The Committee
continues to be concerned with NOAA's slow progress in reducing
the backlog of hydrographic survey work for navigationally
significant U.S. waters. Within the amount provided for
Hydrographic Survey Priorities/Contracts, NOAA is directed to
accelerate the acquisition of survey data and the preparation
of navigation charts needed to minimize the risks associated
with increased maritime traffic. In addition, not more than 5
percent of funds available for the Hydrographic Survey
Priorities/Contracts program may be used for internal
Hydrographic Survey Priorities/Contracts program management
costs.
Hydrographic Charting in the Arctic.--Hydrographic survey
work in the Arctic is subject to a shorter operational season
than other U.S. coastal regions. The Committee believes Arctic
surveys could be completed more efficiently through the use of
locally available resources and expertise. Therefore, NOAA is
directed to award contracts for hydrographic surveys in the
Arctic as early in the calendar year as possible to maximize
the operational season, utilizing effective and efficient
contract services. In addition, where feasible, NOAA should
consider awarding adjoining survey areas to a single contract
provider to decrease logistical costs.
Geospatial Modeling Grants.--The Committee provides
$8,000,000 within Navigation, Observations and Positioning for
the competitive Geospatial Modeling Grants program for which
all funding shall be distributed externally.
Hydrographic Research and Technology Development.--The
Committee supports the intended use of funds requested for
Hydrographic Research and Technology Development. In addition,
the Committee provides $2,000,000 above the request for NOAA to
designate and continue supporting joint ocean and coastal
mapping centers in other areas of the country to be co-located
with an institution of higher education as authorized by the
Omnibus Public Land Management Act of 2009 (Public Law 111-11).
The Committee emphasizes that additional funding is provided
for the designation of other joint ocean and coastal mapping
centers and therefore shall not decrease funding levels for any
existing centers.
Integrated Ocean Observing System [IOOS].--The Committee
directs NOAA and the IOOS regions to work with Federal agencies
collecting regional observations to better integrate and
disseminate information with the goal of reducing duplication
of effort and to provide users with streamlined access to
observational information. In addition, within funding provided
above the request for IOOS, NOS shall work to complete and
operate the National High Frequency Radar System. Within funds
provided for IOOS grants, cooperative agreements, or contracts,
the Committee directs each regional entity to assess current
spending practices for resources that become damaged or
unworkable as a result of hurricanes or other significant
storms, including continually replacing damaged assets instead
of repairing them or seeking to use hardened designs, and
provide a cost-benefit analysis to the Committee on such
practices within 120 days of enactment of this act.
Coastal Science, Assessment, Response and Restoration.--
Within the funds provided for Coastal Science, Assessment,
Response and Restoration, $2,372,000 shall be for operations
and staffing of the Gulf of Mexico Disaster Response Center
[DRC]. The DRC shall continue to serve as the Gulf Coast hub
for NOAA's emergency preparedness, response, and recovery
operations. Furthermore, within funds provided, NOAA is
directed to expand regional emergency preparedness training and
to develop and disseminate best practices for using data from
past environmental disasters to better prepare for, respond to,
and assess the environmental impacts of future events.
Marine Debris.--The Committee provides an increase of
$500,000 above the fiscal year 2017 enacted level for NOAA's
Marine Debris Program. The Committee strongly supports ongoing
efforts to address marine debris around the country including
projects in rural and remote communities, as well as projects
in urban communities that include removal of abandoned vessels
and pilings that harm the ecosystem and hinder recreational
fishing. Activities under the Marine Debris program should help
lead to the development of cost-effective programmatic
solutions to address land-generated marine debris.
Harmful Algal Blooms [HABs].--The Committee recognizes the
need to support local efforts to address [HABs]. Within funding
for Coastal Science and Assessment, the Committee provides up
to $3,000,000 to accelerate deployment of effective methods of
intervention and mitigation to reduce the frequency, severity,
and impact of harmful algal bloom events in freshwater systems.
HABs Regional Watershed Integrated Assessments and Action
Strategies.--The Committee recognizes the importance of the
Great Lakes Integrated Assessment and Action Strategy to
harmful algal bloom prevention, control, and mitigation efforts
in the Great Lakes region, and encourages the Federal Inter-
agency Task Force on Harmful Algal Blooms and Hypoxia,
established under section 4001 of title 33, and the Interagency
Working Group tasked with implementing the Harmful Algal Bloom
and Hypoxia Research and Control Act to identify and prioritize
additional watersheds that would benefit from the development
of regionally-specific Integrated Assessments and Action Plans,
including those regions that have been impacted by freshwater
and saltwater harmful algal blooms.
Integrated Water Prediction.--Within funding provided for
Coastal Zone Management and Services, the Committee provides no
less than the fiscal year 2017 level for NOS to continue
supporting the development and operation of the Integrated
Water Prediction program with NOAA's National Weather Service.
Coastal Management Grants.--The Committee provides
$85,000,000 for Coastal Management Grants. This includes
$70,000,000 for Coastal Zone Management Grants and $15,000,000
for Regional Coastal Resilience Grants [RCRG], which is equal
to the fiscal year 2017 level. NOAA is encouraged to continue
developing the RCRG program in coordination with other ocean
and coastal funding opportunities to ensure that the broadest
array of projects, geographic regions, and research needs for
oceans, coasts, and Great Lakes are met. NOAA is also
encouraged to prioritize projects that are coordinated between
State, Federal, and tribal partners; non-governmental
organizations; and academia. However, NOAA may only award these
funds to coastal State projects that have written support from
the State's Governor.
As NOAA explores ways to make coastal areas more resilient,
NOAA should consider depositing up to $10,000,000 from the RCRG
into the National Oceans and Coastal Security Fund for grants
as authorized in the Consolidated Appropriations Act, 2016
(Public Law 114-113), subject to the reprogramming procedures
set forth in section 505 of this act.
Coral Reef Program.--As part of its research to assess the
impacts of acidification and increasing temperatures on coral
reefs, the Committee encourages NOAA to include temperate and
cold water corals, such as the Northern Star Coral.
Marine National Monuments.--Within funding provided for
National Marine Sanctuaries, up to $500,000 may be used for
competitive research and management grants for existing marine
national monuments administered by NOS, provided such grants
are subject to a 100 percent non-Federal match.
National Estuarine Research Reserve System.--The Committee
provides $25,000,000 for the National Estuarine Research
Reserve System [NERRS], which is $25,000,000 above the
President's request and $1,500,000 above the fiscal year 2017
enacted level. NERRS sites provide mixed-use areas that are
protected for long-term research, monitoring, education, and
coastal stewardship. The program is a positive example of State
and Federal partnership.
NOAA is further encouraged to work with its NERRS and
National Marine Sanctuary partners on efforts for early
detection, rapid response, and control of invasive species,
especially those that jeopardize endangered or threatened
native species.
NOAA NATIONAL MARINE FISHERIES SERVICE
The Committee's recommendation provides $867,034,000 for
the National Marine Fisheries Service [NMFS]. NMFS programs
provide for the management and conservation of the Nation's
living marine resources and their environment, including fish
stocks, marine mammals, and endangered species.
Committee recommendations are displayed in the following
table:
NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Protected Resources Science and Management:
Marine Mammals, Sea Turtles, and Other Species.... 113,342
Species Recovery Grants........................... 7,000
Atlantic Salmon................................... 6,224
Pacific Salmon.................................... 62,000
-----------------
Total, Protected Resources Science and 188,566
Management.....................................
=================
Fisheries Science and Management:
Fisheries and Ecosystem Science Programs and 141,327
Services.........................................
Fisheries Data Collections, Surveys and 164,749
Assessments......................................
Observers and Training............................ 43,655
Fisheries Management Programs and Services........ 117,051
Aquaculture....................................... 15,000
Salmon Management Activities...................... 35,469
Regional Councils and Fisheries Commissions....... 35,871
Interjurisdictional Fisheries Grants.............. 3,004
-----------------
Total, Fisheries Science and Management......... 556,126
=================
Enforcement........................................... 69,000
=================
Habitat Conservation and Restoration.................. 53,342
=================
GRAND TOTAL NMFS................................ 867,034
------------------------------------------------------------------------
Marine Mammal Protection.--The Committee supports NMFS's
mission under this activity to monitor, protect, and recover
at-risk marine mammal species listed under the Endangered
Species Act [ESA] in 2005, but whose populations continue to
decline. The Committee encourages NMFS to utilize funding for
the protection and recovery of marine mammal species at risk
due to factors such as limited prey species, water-borne toxin
accumulation, and vessel and sound impacts.
Hawaiian Monk Seals and Sea Turtles.--Within funding for
Marine Mammals, Sea Turtles, and Other Species, the Committee
provides NOAA no less than the fiscal year 2017 amount for
Hawaiian Monk Seals and Hawaiian Sea Turtles.
Prescott Grants.--Within Marine Mammals, Sea Turtles, and
Other Species, no less than the fiscal year 2017 enacted amount
is provided for the John H. Prescott Marine Mammal Rescue
Assistance grant program.
Atlantic Salmon.--NOAA has identified major threats to
Atlantic salmon, including interrelated effects of freshwater
salmon habitat loss, lost prey buffering, and marine derived
nutrients from declines of co-evolved diadromous species.
Within funding provided for Atlantic Salmon, the Committee
directs NOAA to enable a broader use of funds for restoration
of diadromous species and habitats that support salmon recovery
by providing ecological functions critical to the Atlantic
salmon life cycle. The Committee further directs NOAA to ensure
that adequate resources continue to be provided for State
agencies to implement the recovery strategy effectively.
Pacific Salmon.--Within funding provided for Pacific
salmon, NOAA shall consider expanding salmonid monitoring
activities, including through the use of tags and acoustic
tracking to utilize real-time monitoring to avoid impacts to
protected species. NOAA is also encouraged to work with
partners to address the backlog of hatchery genetic management
plans and expedite approval.
Promote and Develop Fisheries Products and Research Funding
Transfer.--The bill maintains the provision restricting the use
of the Promote and Develop Fisheries Products and Research
funds transferred from the Department of Agriculture to NOAA in
a way that better meets the intended purpose of the transfer
mandated by the Saltonstall-Kennedy Act. None of the funds may
be used for internal NOAA or DOC management, but rather funds
may only be used for activities that directly benefit U.S.
fisheries and fishery communities. Specifically, these funds
may only be used for: cooperative research; annual stock
assessments; efforts to improve data collection, including
catch monitoring and reporting for commercial, charter, and
recreational fisheries; interjurisdictional fisheries grants;
and Fisheries Information Networks.
As part of the fiscal year 2018 spending plan, NOAA shall
include a clear accounting of how the Promote and Develop
transfer funds will be allocated based on the funding criteria
described in this bill.
Saltonstall-Kennedy [S-K] Grant Program.--The Committee
rejects the Administration's proposal to eliminate the S-K
grant program and further directs that not less than 15 percent
of the total amount of the transferred funds shall be provided
for the competitive S-K grant program. The Committee also
directs NOAA to obligate no less than 80 percent of the S-K
grant program funds externally through a competitive grant
process. NOAA shall consult with a diverse group of industry
participants representing the entirety of the supply chain,
from all regions of the country, to identify funding
priorities. Prior to obligating these funds, NOAA shall provide
the Committee with a detailed spending plan describing which
fisheries activities will be funded in each of the regions and
how the plan incorporates regional priorities. The Committee
further encourages NOAA to prioritize marketing and development
of the seafood industry, as was the original intent of the S-K
grant program.
NMFS Staffing.--The Committee encourages NMFS regional
offices to locate research staff within their respective
research regions to the greatest extent possible.
Aleutian Island Pollock.--When Congress created the 2005
Pollock allocation for the economic improvement of Adak,
Alaska, provided in section 803 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (division B of Public Law 108-199), it
recognized the difficult task of making a viable community and
attempted to provide a revenue stream to offset the burdens of
a remote location. Due to the Stellar Sea Lion's Endangered
Species Act listing in 1990 and subsequent protective measures
put into place, fishery restrictions closed nearly all vital
fishing grounds in the Aleutian Islands. Thus, the allocation
could not be utilized at any point and the community of Adak
has not realized any economic benefits or prosperity from the
Pollock fishery. The Committee agrees that the intended
beneficiaries should have a right to derive these lost benefits
by assigning their Pollock allocation to others for monetary
remuneration. Therefore, NMFS is directed to help Adak receive
the economic benefits of their originally designated Pollock
allocation and shall provide a report to the Committee on such
action within 120 days of enactment of this act.
Red Snapper Management Activities.--Within the amount
provided for Fisheries Data Collections, Surveys, and
Assessments, the Committee provides $5,000,000 to continue the
State-led pilot programs for reef fish management in the Gulf
of Mexico, which Congress initially funded in fiscal year 2017.
These State-led pilot programs should serve as a test-bed for
alternative approaches to reef fish management in off-shore
zones designated by each Gulf State in consultation with NMFS.
In addition, the Committee continues to direct NMFS to
incorporate agency-independent and alternative approaches to
stock assessments into the agency's own stock assessments used
for the management of reef fish in the Gulf of Mexico.
Furthermore, all stock assessments used by NMFS for Gulf reef
fish should include fishery data collected on artificial reefs,
offshore oil platforms, and other offshore fixed energy
infrastructure. Not later than 60 days after enactment of this
act, NOAA shall report to the Committee on how the State-led
pilot programs are progressing.
In addition, if an increase is made to the acceptable
biological catch for red snapper in the Gulf of Mexico as a
result of the direction provided in this report for stock
assessments, the Committee urges NOAA to consider allocating
not less than 80 percent of any total above 10 million pounds
of quota to the recreational sector. While all sectors have
faced challenges in the gulf red snapper fishery, the private-
boat recreational sector has been especially impacted.
Ecosystem Imbalance.--NOAA shall take into consideration
any imbalance in the ecosystem that may be occurring between
larger red snapper and other fish species before accepting
amendments to existing regulations or implementing new
regulations that directly affect red snapper quotas in the Gulf
of Mexico.
South Atlantic Reef Fish.--NMFS shall consider employing
the independent and alternative stock assessment strategies
directed by the Committee for the Gulf of Mexico to NMFS
assessments of reef fish in the South Atlantic. The Committee
notes deficiencies that have plagued reef fish management in
the Gulf of Mexico also affect NMFS management of reef fish in
the South Atlantic.
Fishing Gear Selectivity Study.--Within funding provided
for Fisheries Data Collections, Surveys and Assessments, NOAA
shall consider conducting a multiyear, agency-independent study
to evaluate the selectivity and potential bias of different
gears used to assess reef fish populations in the South
Atlantic region, which should build on recent work being
conducted by state agencies on red snapper. Specifically, the
study should address whether the use of certain gear by the
South Atlantic Marine Resources Monitoring, Assessment, and
Prediction survey, such as Chevron traps, fail to adequately
sample across age classes of reef fish, including red snapper,
due to the different behaviors and habits exhibited by larger
and smaller fish within the same or similar species. NOAA is
further encouraged to initiate a multiyear, agency-independent
study using multiple hooked-gears to sample South Atlantic Red
Snapper for age composition, sexual maturity, and egg
production.
Epipelagic Apex Predators.--The Committee acknowledges
growing evidence that yellowfin tuna and other epipelagic apex
predators are aggregating at offshore oil platforms in a
similar manner to their more traditional aggregation points.
These offshore platforms may alter yellowfin or other
epipelagic apex predator movements, diet, diseases, growth, age
at maturity, and spawning. However, NOAA lacks fundamental data
on how this new association may impact these important species.
Within funding provided, NOAA shall continue to examine the
impact of offshore oil platforms on the biology of highly
migratory species, such as yellowfin tuna, and report to the
Committee on such activities within 60 days of enactment of
this act.
Fisheries Information Networks.--Within funding provided
for Fisheries Data Collections, Surveys, and Assessments,
$22,500,000 is provided for Fisheries Information Networks.
Marine Recreational Information Program [MRIP].--The
Committee recognizes the ongoing improvements being made to
MRIP, but is concerned that these changes will be insufficient
to meet management requirements for many offshore recreational
fisheries, such as reef fish. Significant advances in
technology, such as smartphone apps, allow anglers to
electronically record their catch. The recent adoption of
mobile electronic records technologies by State fish and
wildlife agencies has demonstrated that these programs can
provide comparable and compatible data to current MRIP
estimates with faster collection and analyses. However,
additional studies are needed to fully understand the
suitability of angler-provided electronic data as a supplement
to MRIP.
Not later than 1 year after enactment of this act, NOAA
shall provide a report to the Committee on electronic data
collection as an option for the Fishing Effort Survey,
including through use of smartphone apps, electronic diaries
for prospective data collection, and an online option for
anglers. The study should list specific actions the agency has
taken to date and identify additional steps to be taken in the
future, including pilot studies to explore the suitability of
electronic data collection as a supplement to MRIP.
Furthermore, NOAA should consider providing technical
assistance to States currently employing such electronic data
collection systems and expedite approval of these programs as a
supplement or replacement to MRIP.
Northeast Groundfish Research.--The Committee is concerned
about the decline of the Northeast Multispecies Fishery and the
health of fishing stocks in the Gulf of Maine. Within funding
provided for Fisheries Ecosystem Science Programs and Services,
the Committee provides $2,000,000 for groundfish research, with
a focus on the effects of changing climatic conditions and
warming waters on the fishery, including stock health and
natural mortality. NOAA is further encouraged to prioritize
research regarding relative gear efficiency and stock
boundaries. This funding is intended to support research
conducted by the Northeast Fisheries Science Center, research
conducted separately by or in collaboration with outside
partners such as higher education institutions or State
agencies, and research conducted in cooperation with the
fishing industry.
Cooperative Research.--Depleted fish stocks result in
significant economic losses to our Nation. At a time when
fishing opportunities are constrained by uncertainty in stock
assessments and increased access to healthy stocks depends on
better data, the Committee believes that maintenance of ongoing
monitoring programs, surveys, and improved research is
critical. The Committee encourages the NMFS to continue to
prioritize long-time series surveys that are conducted
cooperatively with industry and States. NMFS is also encouraged
to focus on improved understanding of natural mortality and
relative gear efficiency to ensure accurate measures of
catchability. The Northeast Fisheries Science Center is
directed to work collaboratively with the fishing industry to
update and publish the Northeast Cooperative Research Strategic
Plan, including: the identification of science priorities; a
process for greater involvement of fishermen in data
collection; and better communication of how the results of
cooperative fisheries research are used.
Baseline Data for Gulf of Mexico.--The Committee directs
NOAA to continue supporting baseline research for fisheries
health in the Gulf of Mexico, including studies of pelagic
species. NOAA is encouraged to increase and continue
collaborations in the Gulf to establish an integrated and
comprehensive ecosystem-level fisheries monitoring enterprise
and sentinel species program.
Charter Vessels.--To help improve the quality and abundance
of fishery data used for stock assessments, the Committee
continues to encourage NOAA to expand the agency's activities
in chartering commercial fishing vessels to serve as research
and fishery survey vessels. Other parts of NOAA, including the
National Ocean Service and the Office of Oceanic and
Atmospheric Research line offices, are also encouraged to
charter commercial fishing vessels, when appropriate, to
augment ongoing survey and research activities.
Electronic Monitoring and Reporting.--Within Fisheries
Ecosystem Science Programs and Services, the Committee provides
no less than the fiscal year 2017 amount for Electronic
Monitoring and Electronic Reporting [EM/ER] to support the
development, testing, and installation of EM/ER technologies
across the country. The Committee recognizes that advancements
in EM/ER have the potential to cut costs and improve data
collection for most U.S. fisheries. NMFS is directed to
prioritize EM/ER implementation in fiscal year 2018, and
expedite to the fullest extent practicable the transition to
full EM/ER. Within the funds provided for these activities, not
less than $3,500,000 shall be available, in accordance with 16
U.S.C. 3701, for collaborative partnerships that include non-
Federal matching funds to implement cost-shared EM/ER programs
that support fisheries conservation and management. During the
development and implementation of electronic reporting and
monitoring programs, NOAA shall consult directly with industry
and work through the Fishery Management Councils (established
under sections 1851 and 1852 of title 16) to develop
appropriate cost-sharing arrangements that are commensurate
with the ex-vessel value of the fishery.
Furthermore, NMFS shall continue to work in fiscal year
2018 with the charter for-hire recreational fishery fleet in
the Gulf of Mexico; the Northeast Multispecies/groundfish
fishery fleet, including small vessels within that fleet; and
any regional fishery fleet interested in implementing EM/ER
technologies to better track information that is currently
collected through the use of human observers.
Northeast Multispecies Fishery.--The Committee recognizes
that the New England groundfish fisheries in particular have
struggled to bear monitoring costs in recent years. Section 537
of the bill directs NOAA to prioritize payment of At Sea
Monitors prior to payment for standardized bycatch reporting
methodology requirements monitors. However, NOAA is directed to
submit a plan to the Committee not less than 180 days after
enactment of this act that will establish fully operational
electronic monitoring and reporting procedures for the
Northeast Multispecies Fishery not later than September 30,
2021. The plan should include NOAA's proposal to cover vessel
equipment and installation costs, with daily, half-day, or
quarter-day operational costs to be borne by the fishing
vessels. The Committee notes that while participation in EM/ER
observer coverage will remain voluntary after the September 30,
2021 deadline, vessels not participating in EM/ER coverage will
also be required to cover their daily, half-day, or quarter-day
observer costs after that date.
EM/ER Central Repository and Cost Estimations.--NOAA shall
develop a central repository for EM/ER documentation and
information sharing to facilitate regional access to complete,
organized, and accurate information. NOAA shall also consider
developing an EM/ER cost estimation template, to include all
necessary cost components, which shall be shared with regions
and Fishery Management Councils and used to determine further
deployment of EM/ER technologies.
Market Rate Observer Coverage.--The Committee is concerned
by reports that NOAA is paying above-market rates for fisheries
observers in certain regions and sectors. NOAA is directed to
work with the Councils and the Commissions to negotiate the
lowest possible rates, including half-day and quarter-day
rates, for the 2018 fishing season, and to report to the
Committee on those rates not later than 30 days before the
start of any fishing season.
Illegal, Unreported, and Unregulated [IUU] Fishing.--Under
Fisheries Management Programs and Services, the Committee
provides no less than the fiscal year 2017 amount to combat IUU
fishing. NOAA is directed to continue strengthening its efforts
to detect and deter illegally harvested and improperly
documented seafood, including working with other U.S.,
international, and foreign agencies to ensure fair competition
for our country's domestic fishermen and safety for American
consumers.
The Committee encourages NOAA to work with U.S. Customs and
Border Protection to improve and expand efforts to identify
high-risk shipments and collect critical import data in order
to increase enforcement of import restrictions on IUU seafood
products and expand investigations of foreign IUU hotspots.
Additionally, the Committee supports NOAA's Office of Law
Enforcement and its efforts to combat IUU fishing. NOAA is
directed to consider how innovative remote sensing technology
could help fulfill its mission, including satellite imaging and
traceability, and shall consider developing a comprehensive IUU
enforcement strategy in consultation with the U.S. Coast Guard.
NOAA may also confer with the Federal Law Enforcement Training
Center [FLETC] and may contract with FLETC to assess and
provide technical assistance to improve NOAA's current law
enforcement strategy.
Bycatch Reduction.--The development and implementation of
practical bycatch solutions is a priority for U.S. and
international fisheries management and protected species
conservation. The Committee supports the requested amount for
reducing bycatch, of which NMFS is directed to make no less
than the fiscal year 2017 amount available for competitive
grants to non-Federal researchers working with U.S. fishermen
on the development of improved fishing practices and innovative
gear technologies.
Bowhead Whale Health.--Within funding provided for
Fisheries Management Programs and Services, up to $720,000 may
be used to document bowhead whale health, as may be required
for efficient and humane subsistence harvest of bowhead whales,
and to fulfill other U.S. obligations for such activities as
regulated by the International Whaling Commission.
Regional Aquaculture Coordinators.--The Committee
encourages NMFS to designate a Regional Aquaculture Coordinator
[RAC] for each of the six National Marine Fisheries Regions, to
be located at each respective regional office. The goal of each
RAC should be to liaise with aquaculture stakeholders and
industry as well as relevant Federal, State, local, and tribal
government entities; assist with Federal grants management and
training programs; and foster science collaborations among
stakeholders, academics, and governments within their
designated fisheries region.
Regional Pilots in Sustainable Aquaculture.--The NMFS
Aquaculture Office is directed to continue regional pilot
programs for partnerships between the seafood industry and
community partners that can develop, validate, and deploy
economically and environmentally sustainable aquatic farming
techniques and regional business practices to grow domestic
seafood production. To maximize the impact of these pilot
grants, NMFS is encouraged to give priority consideration to
promising but less commercially developed technologies, such as
those targeting shellfish, seaweed, and other relative
newcomers to the domestic aquaculture industry. The Committee
provides $2,500,000 in the NMFS Aquaculture budget for this
purpose. This funding is in addition to the laboratory funding
for NOAA's fisheries science centers engaged in aquaculture
research, which shall be funded at no less than the fiscal year
2017 enacted level.
Aquaculture Activities at Fisheries Science Centers.--The
Committee is concerned by reports that NMFS fisheries science
centers are cutting resources and staff positions dedicated to
aquaculture research. NOAA is expected to maintain viable
financial and personnel resources at the Northeast and
Northwest Fisheries Science Centers, including refraining from
cutting aquaculture funding or staff resources and
expeditiously filling open positions.
Oyster Aquaculture, Research, and Restoration.--Within the
increased funds provided for NMFS Aquaculture, the Committee
provides up to $5,000,000 to support ongoing research in off-
bottom oyster production in coastal areas, particularly those
new to this method of production, including the Gulf of Mexico,
and encourages NMFS to dedicate resources for further research
in oyster genetics, disease, and economic modeling. NMFS is
also encouraged to support regional partnerships to classify
and preserve natural genetic variation in oysters.
In addition, the Committee recognizes that the shellfish
farming industry is composed of thousands of small farmers who
are unable to fund critical research in the fields of shellfish
disease, food safety, warming waters, and ocean acidification.
To improve coordination and consistency, the Committee directs
NMFS Aquaculture to engage and partner with industry, academic
institutions, and States to conduct collaborative research to
address the challenges facing this growing industry.
Salmon Management Activities.--Within the amount provided
for Salmon Management activities, the Committee recommends
$14,000,000, an increase of $2,000,000 above fiscal year 2017,
to enable States and tribal communities to implement necessary
Pacific Salmon Treaty agreements. The Committee fully supports
all other aspects of the budget request for Salmon Management
activities that are essential to meeting these treaty
obligations. The Committee also provides no less than the
fiscal year 2017 amount for the operation and maintenance of
Mitchell Act hatcheries.
In addition, the Committee again notes the number of
California Sea Lions in the Columbia River Estuary and their
impact on endangered wild salmon survival. NMFS has
authorization for the lethal removal of sea lions in accordance
with provisions of the Marine Mammal Protection Act, meant to
reduce the impacts of sea lion predation on salmon stocks. The
Committee directs NMFS to review the current lethal removal
program in order to monitor and assess the impacts of removal
efforts on adult spring salmon migration survival within the
Columbia River Estuary and to report its findings to Congress
within 60 days of enactment of this act.
Fishery Councils and Commissions.--No less than $35,871,000
is provided to support the Regional Fishery Management
Councils, Interstate Marine Fisheries Commissions, and
International Fisheries Commissions, provided any increase
above the fiscal year 2017 enacted amounts shall be distributed
only among the Interstate Marine Fisheries Commissions and
International Fisheries Commission.
Furthermore, the Committee recognizes the important role
that regional management plays in sustaining a balanced
ecosystem and healthy fish populations and the advantage that
aggregate data can provide in understanding emerging trends
across our Nation's fisheries. The Committee directs the
Regional Councils and Fisheries Commissions to prioritize
research and monitoring of high priority species in the face of
changing environmental conditions.
Economics and Social Sciences Research.--The Committee
recognizes that saltwater recreational and commercial fisheries
are significant contributors to the Nation's economy and is
concerned that economic information is not sufficiently taken
into account when fisheries management decisions are made that
may adversely impact fishing communities. The Committee
believes that the Regional Fishery Management Councils may lack
sufficient guidance and procedures for how economic impacts
should be factored into management decisions, and therefore
fail to consider how to mitigate social, cultural, and economic
impacts. Within 1 year of enactment of this act, NOAA shall
provide the Committee with a description of procedures for how
socioeconomic information could be better considered and
weighed by the Councils and NMFS in the development and
amending of Fishery Management Plans.
Western Pacific Sustainable Fisheries Fund.--The Committee
directs NOAA to provide, within 90 days of enactment of this
act, a complete account of the last 5 years of funding activity
of the Western Pacific Sustainable Fisheries Fund, and any
other fund or grant program controlled or managed by the
Western Pacific Regional Fishery Management Council, including
the use of such funds to influence administrative processes in
any State or Territory. NOAA is further directed to conduct
such accountings annually and to publish the reports online.
Horseshoe Crab Survey.--The Committee remains concerned
about the inability to estimate the abundance of the mid-
Atlantic horseshoe crab population. Adequate data is required
to ensure State and interstate managers can effectively manage
the stock, which is important to the biomedical and commercial
fishing industries, as well as to the ecology of the mid-
Atlantic region. The Committee encourages NMFS to continue this
important survey to generate the data necessary to ensure the
mid-Atlantic horseshoe crab stock remains on a sustainable
path.
Seafood Reporting.--The United States leads the world in
responsibly managed fisheries and aquaculture, and the
Committee supports NOAA's activities to inform consumers about
our Nation's sustainable fisheries through the agency's
FishWatch program. However, the Committee is concerned that the
exclusive use or recognition of third-party certifications for
seafood sustainability by the Department could have unintended
consequences for various domestic fisheries. The Committee
acknowledges that some U.S. fisheries voluntarily utilize
third-party seafood sustainability certification schemes, but
believes it is not the Department's role to adopt such
certification schemes when doing so could result in the
Department arbitrarily influencing the U.S. domestic seafood
market. The Committee believes support for third-party
certifications is best presented in non-governmental forums.
Therefore, the Committee directs the Department not to adopt,
use, or promote any third-party certification scheme for
seafood sustainability but to instead continue providing
consumers with independent and accountable information
generated from within the Department.
Economic Impact of Turtle Excluder Devices [TEDs].--The
Committee understands NMFS is considering a new rule to require
all skimmer trawls, pusher-head trawls, and wing nets rigged
for fishing to use TEDs. The Committee expects NMFS to ensure
that any potential rule on this issue be based on meritorious,
evidence-based science. Further, the Committee notes that these
potential changes will have a significant negative impact on
small fishing businesses, as stated by NOAA in its Draft
Economic Impact Statement. Within 45 days of enactment of this
act, NOAA shall provide a report to the Committee outlining
specific steps NMFS would consider to eliminate the negative
economic effects of any newly proposed rule requiring TEDs.
Technical Drafting Assistance.--The Committee understands
that several members have requested NOAA to provide assistance
in drafting language that would authorize a more streamlined
process for fishery buyback implementation and loans, including
for refinancing existing buyback loans, but the agency has
failed to respond. The Committee directs NOAA to respond to
these congressional member requests and supply language
appropriate for technical drafting assistance within 45 days of
the enactment of this act.
Habitat Conservation and Restoration.--The Committee
provides $53,342,000 for Habitat Conservation and Restoration
activities. Within the amount provided, NOAA is encouraged to
include funding for the multi-year Habitat Blueprint Focus Area
partnership agreements developed under the Habitat Blueprint
initiative. The Committee encourages NOAA to include a broader
ecosystem-based management philosophy; expand criteria to
include recreational species, managed commercial species, and
forage species; and prioritize proposals that engage local
communities. NOAA should continue to emphasize the value of
partnerships when evaluating grant applications.
NOAA OCEANIC AND ATMOSPHERIC RESEARCH
The Committee's recommendation provides $477,725,000 for
Oceanic and Atmospheric Research [OAR]. OAR programs provide
environmental research and technology needed to improve NOAA
weather forecasts, climate predictions, and marine services. To
accomplish these goals, OAR supports a network of scientists in
its Federal research laboratories, universities, and joint
institutes and partnership programs.
Committee recommendations are displayed in the following
table:
OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Climate Research:
Laboratories and Cooperative Institutes.......... 60,000
Regional Climate Data and Information............ 38,000
Climate Competitive Research..................... 60,000
------------------
Total, Climate Research........................ 158,000
==================
Weather and Air Chemistry Research Programs:
Laboratories and Cooperative Institutes.......... 75,000
U.S. Weather Research Program.................... 18,600
Tornado Severe Storm Research/Phased Array Radar. 12,622
Joint Technology Transfer Initiative............. 2,000
------------------
Total, Weather and Air Chemistry Research...... 108,222
==================
Ocean, Coastal and Great Lakes Research:
Laboratories and Cooperative Institutes.......... 36,000
National Sea Grant College Program............... 65,000
Marine Aquaculture Research...................... 11,500
Sustained Ocean Observations and Monitoring...... 42,823
Integrated Ocean Acidification................... 11,000
Ocean Exploration................................ 30,000
Oceans, Coastal and Great Lakes Joint Technology 3,000
Transfer Initiative [O-JTTI]....................
------------------
Total, Ocean, Coastal and Great Lakes Research. 199,323
==================
High Performance Computing Initiatives............... 12,180
==================
GRAND TOTAL OAR................................ 477,725
------------------------------------------------------------------------
Laboratories and Cooperative Institutes.--The Committee
provides $4,000,000 above the fiscal year 2017 enacted level
for Ocean, Coastal and Great Lakes Research Laboratories and
Cooperative Institutes and expects the administration to fully
fund Cooperative Institutes at appropriate levels in future
years, including those currently supporting NOAA 's coastal
resilience mission.
Additionally, not less than 90 days after enactment of this
act, NOAA is directed to update its ``Prospectus for
Cooperative Institutes in the 21st Century'' plan to include
the procedures under which a university or other academic
institution can apply for Cooperative Institute status. The
Committee continues to strongly support well established
institutes, including those focused on watershed effects on
marine ecosystems, remote sensing, and long-term monitoring of
oil spill impacts on marine ecosystem health.
Autonomous Glider Demonstration.--Within increased funding
provided for Ocean, Coastal and Great Lakes Research, OAR is
directed to demonstrate how an autonomous ocean glider could
address critical gaps in NOAA's physical, chemical, biological,
and other observational needs, particularly those observational
needs of NOAA's IOOS program. OAR shall report to the Committee
within 180 days of enactment of this act on the progress of
achieving the Committee's directive.
Climate Research.--The Committee provides no less than the
fiscal year 2017 enacted amount for supporting and expanding
the National Integrated Drought Information System, including
the Regional Drought Early Warning Information System.
Arctic Research.--The Committee provides no less than the
fiscal year 2017 enacted amount for arctic research funded
under OAR's Climate Laboratories and Cooperative Institutes and
Regional Climate Data and Information.
Weather & Air Chemistry Laboratories and Cooperative
Institutes.--The Committee rejects OAR's proposed elimination
of the Air Resources Laboratory [ARL], as well as OAR's
proposed closing of the Unmanned Aircraft Systems [UAS] Program
Office. The Committee provides no less than the fiscal year
2017 enacted amount for ARL and the UAS Program Office and
encourages arctic research activities using UAS assets.
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 radar surveillance network. The Committee directs
NOAA to maintain its leadership in the MPAR research and
development effort as the program transitions to the Spectrum
Efficient National Surveillance Radar [SENSR] program, and
encourages continued work on a Memorandum of Understanding
among NOAA, the Federal Aviation Administration, the Department
of Defense, and the Department of Homeland Security that
delineates each agency's or Department's needs regarding the
function and timeline of a joint multi-use and multi-function
radar system.
Vortex-Southeast [Vortex-SE].--The southeast United States
commonly experiences devastating tornadoes under variables and
conditions that differ considerably from the Midwest, where
tornado research has historically been focused. Within funds
provided for Weather and Air Chemistry Research Programs, no
less than $5,000,000 is provided for OAR to continue
collaborating with the National Science Foundation's Vortex-SE
initiative to better understand how environmental factors that
are characteristic of the southeast United States affect the
formation, intensity, and storm path of tornadoes for this
region.
Remote Sensing for Snowpack and Soil Moisture.--The
Committee strongly supports NOAA's continued development of the
National Water Model to improve operational forecasts at NOAA's
National Water Center. Within funding provided for OAR's U.S.
Weather Research Program, no less than $6,000,000 is for
research activities to improve fine and large-scale
measurements of snow depth and soil moisture data that can be
used to expand and improve the National Water Model and
contribute directly to the mission of NOAA's National Water
Center.
Airborne Phased Array Radar [APAR].--Within funding for
NOAA's U.S. Weather Research Program, no less than $2,600,000
is provided to research and develop aircraft-based hazardous
weather observing systems, such as APAR. NOAA shall coordinate
these research and development activities with the National
Science Foundation.
Infrasonic Weather Monitoring Research.--Within funding
provided for the U.S. Weather Research Program, the Committee
provides up to $2,000,000 to support external research
opportunities with academic institutions in infrasonic
monitoring methods of violent weather. The Committee believes
that advanced infrasound signal processing methodologies and
studies, deployed through a network of infrasound arrays to
detect tornadoes and hurricanes, have the potential to improve
forecast accuracy.
National Sea Grant College Program.--The Committee flatly
rejects the administration's proposed elimination of NOAA's Sea
Grant program. Instead, the Committee provides an increase of
$2,000,000 above the fiscal year 2017 enacted amount for Sea
Grant and its research, education, extension, and outreach
activities, which are critical for coastal communities and
benefit the entire nation. This level of funding supports the
key focus areas in the program's strategic plan: sustainable
fisheries and aquaculture, resilient communities and economies,
healthy coastal ecosystems, environmental literacy, and
workforce development. In addition, the Committee directs NOAA
to continue funding all Sea Grant STEM education and fellowship
programs. Further, NOAA is directed to continue its partnership
with academic programs that provide legal expertise related to
Sea Grant's mission.
Not later than 90 days after enactment of this act, NOAA
will provide a report to the Committee detailing how the Sea
Grant program aligns with the agency's core missions, the
number of jobs created by the Sea Grant program across
participating states since its inception, and the role Sea
Grant will play in the administration's stated efforts to boost
domestic production of seafood to lower the United States'
abysmal seafood trade deficit.
Additionally, the Committee understands that the Sea Grant
program provides no less than $1,000,000 in annual base
funding, or $4,000,000 over the course of the 4-year grant
cycle, to each Sea Grant program with Institutional or College
Program status. NOAA is directed to continue this funding model
for Sea Grant programs receiving Institutional or College
Program status in fiscal year 2018.
Sea Grant Fellowship Program.--NOAA's Sea Grant is reminded
that the Committee's broad support is due to the program's
historically objective standards, State-driven goals, and non-
partisan priorities. Within NOAA's Sea Grant program, the
National Sea Grant Fellowship program serves as a valuable
pipeline for our Nation's future ocean science and policy
experts. The Fellowship program should remain objective and
apolitical, and should increase its efforts to recruit
qualified, non-partisan candidates who are committed to working
on oceans and coastal issues for any Member of Congress,
regardless of political affiliation.
Fisheries-Related Research.--The Committee remains
concerned about the negative impacts of the short recreational
fishing season for red snapper in the Gulf of Mexico. While the
relief provided by the administration for the 2017 fishing
season is welcomed, the Committee notes it is only a short-term
solution with the potential to further restrict fishing access
in the future. Additional data sources and assessment
approaches are needed and should be pursued by entities other
than NOAA's regulating line office, NMFS. Therefore, the
Committee continues to provide up to the fiscal year 2017
enacted level within Sea Grant to research and develop
alternative approaches to data collection and analyses.
American Lobster Research.--In 2015, lobster represented
the species of highest landed value in the nation, with over 95
percent of landings coming from the Gulf of Maine American
lobster fishery. If current water temperature trends continue,
the Gulf of Maine/Georges Bank stock could face recruitment
failure similar to the Southern New England lobster stock.
Therefore, the Committee directs NOAA's Sea Grant to support
Gulf of Maine and Georges Bank American lobster research
priorities, including studying the effects of environmental
changes on migration, growth, and maturity of the American
lobster.
Aquaculture Research.--The Committee provides $11,500,000
for marine aquaculture research. NOAA is directed to support
marine aquaculture research and development in partnership with
universities. Similar research efforts have led to beneficial
outcomes such as the development and commercialization of new
technologies to meet the domestic demand for seafood, including
finfish, shrimp, and oysters. As the administration strives to
reduce our Nation's significant trade deficit in aquaculture-
raised seafood, NOAA shall report to the Committee within 90
days of enactment of this act on the important contributions
Aquaculture Research grants have made to domestic seafood
production.
Ocean Exploration.--The Committee directs NOAA to use a
portion of the funding provided for Ocean Exploration to make
competitive external awards to academic institutions that have
partnered with OAR's Ocean Exploration program in the past.
This includes those institutions with ocean-going assets, such
as Autonomous Underwater Vehicles [AUV], to support new
exploration missions, expeditions, and deep-sea research in the
Gulf of Mexico.
NOAA is also encouraged to work with the Department of
Defense and other relevant agencies to continue fundamental
ocean exploration in which open source data are collected for
the oceanographic community and private industries in real-time
through telepresence technology. Furthermore, the Committee
encourages NOAA to leverage partnerships with universities to
increase capacity for deepwater AUVs as a means to sustain
utility of AUV assets. The Committee also encourages NOAA to
work with the Department of Defense, especially the Naval
Meteorology and Oceanography Command, to leverage assets and
facilities to support deepwater AUV program development.
Ocean, Coastal and Great Lakes Research Joint Technology
Transfer Initiative [O-JTTI].--The Committee provides
$3,000,000 for OAR to identify, prioritize, and fund the
transition of the most promising research into operations,
applications, and commercialization. However, no funding under
this heading shall be used to support ``research-to-
operations'' [R2O] projects that are not directly related to
NOAA's core mission areas as funded within Ocean, Coastal and
Great Lakes Research. In addition to funds provided for O-JTTI,
OAR shall continue to leverage other NOAA funding to accelerate
R2O.
NOAA NATIONAL WEATHER SERVICE
The Committee's recommendation provides $987,491,000 for
the National Weather Service [NWS]. NWS programs provide timely
and accurate meteorologic, hydrologic, and oceanographic
warnings and forecasts to ensure the safety of the population,
mitigate property losses, and improve the economic productivity
of the Nation. NWS is also responsible for issuing operational
climate forecasts for the United States. The Committee has made
saving lives and livelihoods through accurate weather
forecasting a priority.
The Committee's recommendations are displayed in the
following table:
NATIONAL WEATHER SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Observations.......................................... 224,363
Central Processing.................................... 92,790
Analyze, Forecast, and Support........................ 487,325
Dissemination......................................... 46,013
Science and Technology Integration.................... 137,000
-----------------
GRAND TOTAL NWS................................. 987,491
------------------------------------------------------------------------
Information Technology Officers [ITOs].--The Committee does
not approve the NWS proposal to consolidate ITOs in fiscal year
2018. NWS was invited to submit a proposal in its 2018 spending
plan for a single pilot Regional Enterprise Application
Development and Integration [READI] team comprised of volunteer
ITOs. However, the Committee has not yet received such a
proposal. Should NWS decide to submit a plan for a single pilot
READI team project, its subsequent successes and challenges
will assist the Committee in evaluating the larger
consolidation proposal if resubmitted in future fiscal years.
NWS Staffing.--The Committee is very concerned with the
continued number of NWS employee vacancies. Given the
importance of the NWS mission to protect the lives and property
of our Nation's citizens, extended vacancies are unacceptable--
particularly when the Committee has provided more than adequate
resources and direction to fill vacancies expeditiously for the
past several fiscal years. Because NWS has failed to respond
satisfactorily to the Committee's concerns regarding these
vacancies, NOAA is directed to present a separate accounting of
all NWS filled and open positions, including the length of time
the positions have been unfilled, in its fiscal year 2018 spend
plan. The spend plan shall also include the specific funding
proposed for all NWS employees and associated expenses that are
separate from other program costs.
The Committee also recognizes that some vacant NWS
positions may be redundant and invites the Department to submit
a justification for eliminating redundant unfunded vacancies in
its fiscal year 2019 budget request, to include a full list of
positions proposed for elimination, including reasoning for
each elimination. Until such time as a plan to eliminate those
vacancies is approved, NWS is directed to continue efforts to
fill all vacancies as expeditiously as possible.
Operations and Workforce Analysis [OWA].--The Committee
approves the requested decrease resulting from reduced testing,
evaluation, and implementation of the OWA initiated in fiscal
year 2014. Results from the OWA should be used to address the
Committee's concerns for staffing and provide guidance for the
Department's request for NWS staffing in fiscal year 2019.
Report on NWS Staffing in Alaska.--Within 60 days of
enactment of this act, the Committee directs NWS to provide a
report on staffing cuts in the State of Alaska and how NWS
plans to maintain or improve forecasting and communication
around the State, especially in the most remote areas.
National Mesonet Program.--The Committee provides
$19,000,000 for the continuation and expansion of the National
Mesonet Program. Funds should be made available through a
competitive weather data procurement that sustains coverage of
areas currently included within the national mesonet, as well
as an expansion of coverage in high risk areas. NOAA is also
encouraged to add new observations such as total lightning
data, regional aircraft observations, and vertical column
measurements in tornado-prone areas. Additionally, within funds
provided, NOAA is encouraged to incorporate state mesonet data
into the national mesonet network. NOAA should require that
awardees provide mesonet data in formats that can be integrated
by NWS for use in forecasts and severe weather alerts. Of the
funds provided, up to $500,000 may be used for Meteorological
Assimilation Data Ingest System activities, and up to $500,000
may be used for costs associated with the National Mesonet
Program Office. The Committee views the national mesonet as an
important component of any effort to effectively develop a
``Weather-Ready Nation'' and expects that future NOAA budget
requests will continue to reflect it as a priority.
National Centers for Environmental Prediction [NCEP].--The
Committee does not adopt the NWS proposal to consolidate
centers under NCEP in fiscal year 2018.
Advanced Hydrologic Prediction Services Expansion [AHPS].--
The Committee rejects NWS's proposal to slow the expansion of
AHPS, which will enable greater information on the magnitude
and likelihood of floods and droughts across certain areas of
the nation. No less than the fiscal year 2017 amount is
provided for AHPS activities.
National Data Buoy Center [NDBC].--The Committee provides
sufficient funding to maintain, at a minimum, NDBC operations
at 80 percent data availability. The Committee directs NOAA to
provide adequate funding to support maintenance and service of
the Tropical Atmosphere/Ocean Array [TAO] and Deep Ocean
Assessment and Reporting of Tsunamis [DART] array across the
equatorial Pacific. The Committee further directs NOAA to
include a schedule to restore existing data buoy operability
and its strategy to minimize outages in the future as part of
the agency's spending plan.
Tsunami Warning Program.--The Committee rejects NWS's
proposed cut to the Tsunami Warning Program. Funding is
provided at no less than the fiscal year 2017 amounts,
including for the National Tsunami Hazard Mitigation program
grants, to ensure high-quality tsunami watches, warnings, and
advisories are issued to safeguard lives and property.
Integrated Water Prediction [IWP] and the National Water
Model.--The Committee does not approve the requested decrease
to the IWP program, which is funded across multiple NWS budget
lines. Instead, the Committee provides no less than the fiscal
year 2017 amount for IWP. Similarly, the Committee rejects
slowing the development of the National Water Model and
provides no less than the fiscal year 2017 level for its
continued and expedited development.
National Water Center.--The Committee provides no less than
the fiscal year 2017 enacted level for operations and staffing
of the National Water Center [NWC] to develop and operate IWP.
NWS shall leverage this funding with resources provided to NOS
for IWP and resources provided to OAR for remote sensing of
snowpack and soil moisture measurements.
The Committee is pleased with research-to-operations
efforts at the NWC between NWS and the University Corporation
for Atmospheric Research. This relationship highlights how
separate entities and agencies can work together to transfer
research into operational solutions that benefit the nation.
The NWC serves as the first ever clearinghouse for research and
operational forecasting of all water-related issues facing our
Nation, including: severe floods, storm surge, droughts, and
water quality, among others. Given the importance of NWC to
better protect lives and property of our Nation's citizens,
NOAA is directed to expedite staffing and operations at NWC to
achieve full operating capability as soon as possible. The
Committee directs NOAA to provide a report no less than 45 days
after enactment of this act with an updated staffing plan that
includes an update on commitments from partner agencies and a
timeline for achieving baseline operating capability in the
first quarter of fiscal year 2018.
Consumer Option for an Alternative System To Allocate
Losses [COASTAL] Act Implementation.--Within funding provided
for Science and Technology Integration, the Committee provides
not less than $5,000,000 for the continued development and
implementation of the COASTAL Act, which was included in the
Flood Insurance Reform and Modernization Act of 2012 (Public
Law 112-141). The Committee supports NOAA's work to assist
homeowners impacted by destructive winds and storm surges
associated with hurricanes and super-storms. The Committee
directs NOAA to continue to leverage existing Federal assets,
expertise, and partnerships in carrying out COASTAL Act
activities. Furthermore, NOAA is directed to provide the
Committee with updates every 6 months on progress made and
challenges related to implementation, as well as any proposed
solutions.
Science and Technology Integration.--The Committee provides
no less than the fiscal year 2017 level for Mid-Range Weather
Outlooks, including seasonal to subseasonal forecasting, and
Investments in Numerical Weather Prediction Modeling, which
provides critical support to Hurricane Forecast Improvement
Project, among other important forecasting activities.
Furthermore, the Committee urges NOAA to expedite the project
plan described by the Hurricane Forecast Improvement Act
(Public Law 115-25). The Committee encourages NWS to reduce
errors in tracking and intensity forecasts of hurricanes by
identifying technology and methods available to significantly
improve hurricane forecasting.
NWS Radar and Satellite Spectrum Studies.--As NOAA begins
its study to evaluate sharing the 1675-1680 MHz GOES band, the
Committee directs the agency to consult with private industry
about the potential application of spectrum sharing technology
for shared commercial use. Furthermore, NOAA is encouraged to
study opportunities for early entry and flexible access to the
1300-1350 MHz spectrum band through use of private sector
spectrum sharing technologies that protect Federal incumbents
while making spectrum available for commercial use. The
Committee believes such a study may provide additional options
for the Spectrum Efficient National Surveillance Radar [SENSR]
program to both enable commercial use of the 1300-1350 MHz
spectrum band and reduce technology risk in the
multistakeholder SENSR program.
NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
The Committee's recommendation provides $234,330,000 for
National Environmental Satellite, Data and Information Service
[NESDIS] operations. NESDIS programs operate environmental
polar-orbiting and geostationary satellites and collect and
archive global environmental data and information for
distribution to users in commerce, industry, agriculture,
science, and engineering, the general public, and Federal,
State, and local agencies.
The Committee's recommendations are displayed in the
following table:
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Office of Satellite and Product Operations........ 143,214
Product Development, Readiness & Application...... 29,426
Commercial Remote Sensing Licensing & Enforcement. 1,200
Office of Space Commercialization................. 800
Group on Earth Observations [GEO]................. 500
-----------------
Total, Environmental Satellite Observing Systems 175,140
=================
National Centers for Environmental Information........ 59,190
-----------------
GRAND TOTAL NESDIS.............................. 234,330
------------------------------------------------------------------------
National Centers for Environmental Information [NCEI].--The
Committee recommends $59,190,000 for NCEI, which consolidated
several programs previously funded separately. While the
Committee supports the current budget structure for NESDIS, it
is essential to ensure that key programs continue to receive
adequate funding. Specifically, the Committee provides not less
than the fiscal year 2017 enacted levels of $6,000,000 for
Regional Climate Services, $3,650,000 for Regional Climate
Centers, and an increase of $933,000 above the fiscal year 2017
enacted level for Coastal Data Development. Within NCEI, the
Committee encourages NOAA to fully support critical
international partnerships, including the Global Climate
Observing System.
NOAA MISSION SUPPORT
The Committee's recommendation provides $265,032,000 for
NOAA's mission support activities. These programs provide for
overall NOAA management, including staffing of the Under
Secretary's office and services to NOAA field offices. These
programs also support NOAA's Education Office consistent with
the recommendations of the Joint Ocean Commission. The
facilities subactivity provides for repair and maintenance to
existing facilities, planning and design, and environmental
compliance.
Committee recommendations are displayed in the following
table:
PROGRAM SUPPORT OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Corporate Services:
Executive Leadership.............................. 27,000
Mission Services and Management................... 147,982
IT Security....................................... 10,050
Payment to DOC Working Capital Fund............... 53,000
-----------------
Total, Corporate Services....................... 238,032
=================
NOAA Education Program................................ 27,000
=================
GRAND TOTAL, MISSION SUPPORT.................... 265,032
------------------------------------------------------------------------
Corporate Services.--Within the increased funding provided
for Corporate Services, NOAA is directed to focus on improving
workforce management, particularly expediting the hiring
process to fill extended vacancies with highly qualified
candidates across the agency's line offices. NOAA shall also
focus on improving its management of acquisition and grant
services.
Facilities.--NOAA's requested cut for facilities under
Mission Services and Management is not approved at this time.
While the Committee generally supports NOAA's proposal to have
individual line offices account for their respective facilities
costs, such proposal should come with a transparent accounting
for the necessary increases to line office budgets. NOAA failed
to clearly account for the facility cost increases that would
result from this proposal in its budget request. Therefore, the
Committee provides no less than the fiscal year 2017 enacted
level for facilities repair and maintenance under Mission
Services and Management.
Education.--The Committee rejects the proposal to eliminate
NOAA's Office of Education. Within the funds provided for
NOAA's Education Program, $5,000,000 is for competitive
educational grants, which includes continued support for
Environmental Literacy Grants and for improving geographic
literacy; $14,500,000 is for the Educational Partnership
Program with minority-serving institutions; and $7,500,000 is
for Bay-Watershed Education and Training regional programs.
Outstanding Loan Balances.--The Committee encourages NOAA
and its respective line offices to work with communities and
businesses, on a case-by-case basis, to resolve outstanding
balances in a manner that considers the borrower's current
financial ability but remains fair to American taxpayers.
NOAA OFFICE OF MARINE AND AVIATION OPERATIONS
The Committee's recommendation provides $213,070,000 for
NOAA's marine and aviation operations. The Office of Marine and
Aviation Operations provides aircraft and marine data
acquisition, repair, and maintenance of the existing fleet;
planning of future modernization; and technical and management
support for NOAA-wide activities through the NOAA Commissioned
Officer Corps.
OFFICE OF MARINE AND AVIATION OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Marine Operations and Maintenance..................... 178,838
Aviation Operations................................... 34,232
-----------------
GRAND TOTAL, OMAO............................... 213,070
------------------------------------------------------------------------
Capital Assets.--Any decisions related to laying up any
vessels, grounding any aircraft, or decommissioning any capital
asset are subject to the standard reprogramming procedures set
forth in section 505 of this act. Any changes from the spending
plan shall also be subject to section 505 of this act. NOAA
shall continue to provide the Committee with a monthly
operational status of the fleet and aircraft.
Aviation Operations.--The Committee provides the full
amount requested for NOAA's Aircraft Operations Center [AOC].
The Committee maintains its direction for NOAA to provide a
comprehensive plan to find a permanent, cost-effective home in
the Gulf Coast region, potentially co-located with a Federal
partner that can meet NOAA's operational needs.
Unmanned Surface Vehicles [USVs].--The Committee is
concerned about NOAA's ability to meet the demand for at-sea
research days with its current combination of an aging fleet
and charter vessels, as well as responding to emerging mission
requirements. The Committee recognizes that USVs are not a
replacement for manned research ships, but are a synergistic
complement to manned ships' capabilities, and encourages NOAA
to examine competitive acquisition of unmanned surface vehicle
data as a cost-effective augmentation for relevant research
missions and fisheries data collection. Not later than 1 year
after enactment of this act, NOAA shall report to the Committee
on USV technology and the best application to NOAA mission
requirements and operational considerations, including an
assessment of how USVs could lower operational costs across
NOAA line offices.
Feasibility of Monitoring Atmospheric Rivers.--Not later
than 120 days after enactment of this act, NOAA shall submit a
report to the Committee regarding the feasibility and potential
benefit of using airborne assets to conduct regular storm
monitoring off the West Coast of the United States,
particularly with regard to Atmospheric Rivers.
NOAA PROCUREMENT, ACQUISITION, AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $2,242,610,000
Budget estimate, 2018................................... 1,807,801,000
Committee recommendation................................ 2,111,534,000
The Committee's recommendation provides $2,111,534,000 for
NOAA's procurement, acquisition, and construction. The
recommendation is $131,076,000 below the fiscal year 2017
enacted level and $303,733,000 above the budget request.
Committee recommendations are displayed in the following
table:
PROCUREMENT, ACQUISITION AND CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
National Ocean Service:
National Estuarine Research Reserve Construction.. 1,900
Marine Sanctuaries Construction/Acquisition....... 2,000
-----------------
Total National Ocean Service--PAC............... 3,900
=================
Ocean and Atmospheric Research:
Research Super Computing.......................... 41,000
=================
National Weather Service:
Observations...................................... 32,755
Central Processing................................ 66,761
Dissemination..................................... 34,619
WFO Construction.................................. 7,650
-----------------
Total, National Weather Service--PAC............ 141,785
=================
National Environmental Satellite, Data and Information
Services:
Geostationary Systems [GOES-R].................... 518,532
Joint Polar Satellite System [JPSS]............... 775,777
Polar Follow-on................................... 419,000
Cooperative Data and Rescue Services [CDARS]...... 5,000
Space Weather Follow-on........................... 5,000
COSMIC-2.......................................... 6,100
Satellite Ground Services......................... 53,000
System Architecture and Advanced Planning......... 4,929
Projects, Planning, and Analysis.................. 37,185
Satellite CDA Facility............................ 2,450
Commercial Weather Data Pilot..................... 2,000
-----------------
Total, NESDIS--PAC.............................. 1,828,973
=================
Mission Support:
NOAA Construction................................. 13,498
-----------------
Total, Mission Support--PAC..................... 13,498
=================
Office of Marine and Aviation Operations:
Fleet Capital Improvements & Tech Infusion........ 12,878
New Vessel Construction........................... 75,000
Aircraft Recapitalization......................... 12,000
-----------------
Total, OMAO--PAC................................ 99,878
=================
Unobligated balances from prior years................. -17,500
-----------------
GRAND TOTAL, PAC................................ 2,129,034
------------------------------------------------------------------------
National Estuarine Research Reserve [NERR] Construction.--
The Committee provides an increase of $200,000 above the fiscal
year 2017 enacted amount for NERR Construction to support the
expansion of the NERR system. Furthermore, the Committee
remains concerned about the increased costs and lack of
transparency associated with certain third-party green building
rating systems. The use of certain green building standards can
arbitrarily discriminate against domestic building materials
such as wood that could be locally sourced, thereby increasing
costs to taxpayers without significant benefits in energy and
water savings. The Committee again directs NOAA to use funding
provided for NERR Construction subject only to green building
rating systems or standards that are voluntary consensus
standards; have achieved American National Standard Institute
[ANSI] Designation; or were developed by an ANSI Audited
Designator, and take into consideration the environmental and
economic benefits of building materials through lifecycle
analysis. Not later than 90 days after enactment of this act,
NOAA shall notify the Committee of any new, existing, or
planned construction projects at NERRS sites that receive
accreditation for energy savings from a third-party green
building rating system.
High Performance Computing.--The Committee recognizes
NOAA's high performance computing needs and its current
limitations on providing high fidelity results in near real-
time. Within funding provided for OAR Research Supercomputing,
$15,000,000 shall be used to continue to develop a dedicated
high performance computing facility in collaboration with
partners that have existing high performance computing
expertise and scientific synergies.
NWS Observations.--The Committee provides no less than the
fiscal year 2017 enacted level for Observations under NWS PAC,
which includes the full funding for the Automated Surface
Observing System and Next Generation Weather Radar Service Life
Extension Programs.
Integrated Water Prediction [IWP].--The Committee provides
no less than the fiscal year 2017 enacted level for Central
Processing under NWS PAC, which includes not less than
$4,500,000 to procure operational high performance computing
resources to enable modeling improvements associated with the
IWP initiative.
Weather Satellites.--The Committee provides full funding
for the continued procurement and acquisition of the Joint
Polar Satellite System [JPSS] and the Geostationary Operational
Environmental Satellite R-series [GOES-R], NOAA's flagship
weather satellite programs. NOAA is directed to prioritize
satellite programs directly related to weather forecasting and
that result in the greatest reduction of risk to lives and
property. Keeping JPSS and GOES-R programs on budget and on
schedule is critical, as is maintaining their respective cost
controls, particularly when NOAA's satellite missions continue
to dominate the agency's annual budget requirements. The
Committee reiterates its previous direction to NOAA to find
savings from operating expenses and to reduce duplicative
Government overhead shared with the National Aeronautics and
Space Administration [NASA].
Polar Follow-On [PFO].--The Committee strongly rejects the
administration's proposed cut to PFO, which would be more than
a 45 percent reduction from the fiscal year 2017 enacted level.
Funding for PFO is critical for maintaining polar orbiting
satellite data, which is already at risk for a potential gap
due to program mismanagement and funding shortfalls in PFO's
predecessor programs. These satellites provide 85 percent of
data required for the National Weather Service's Numerical
Weather Prediction models. These data are required for accurate
forecasts 3-7 days in advance of a severe weather event,
including hurricanes and superstorms. Accurate forecasts allow
emergency managers and communities to make timely decisions to
protect lives and property. In light of the critical role that
these satellites play in protecting American lives and
property, the Committee finds it perplexing that the Department
of Commerce and NOAA would propose to cut this program. This
cut, and the proposed but unspecified postponement of the JPSS-
3 and JPSS-4 satellites, would introduce a weather forecasting
risk that this Committee is unwilling to accept. Therefore, the
Committee provides $419,000,000 for PFO, which represents the
full amount required in fiscal year 2018 to keep the program on
its original schedule as determined in the Department's
December 2016 PFO Milestone Decision Memorandum.
Space Weather Follow-On.--The Committee provides $5,000,000
for space weather follow-on activities. The Federal Government
needs an operationalized space weather architecture that allows
sufficient warning times to protect our communications and
electrical infrastructure from severe space weather events. In
architecting the follow-on missions, NOAA should consider using
lower cost satellites, following NASA's Explorer class model.
The Committee expects a detailed account of how this funding
will be spent and accompanying deliverables to be submitted to
the Committee with the fiscal year 2018 spend plan and for NOAA
to coordinate with NASA on the nation's space weather research
needs, as discussed under the NASA Heliophysics section of this
report.
Satellite CDA Facility.--The Committee provides NESDIS's
full requested increase to accelerate electrical infrastructure
renewal at the Fairbanks Command and Data Acquisition Station
[FCDA]. Electrical infrastructure failures have plagued the
site since early 2015, interrupting and damaging satellite
ground systems. NOAA is directed to address these failures at
FCDA as soon as possible to ensure its important mission can be
conducted without impediments caused by electrical power
outages.
Metop-C.--The Committee provides NESDIS's full request for
Projects, Planning, and Analysis to support pre-launch testing
and Ground Support Equipment of U.S. instruments on Metop-C,
which is scheduled for launch in October 2018. These
instruments will provide complementary data to the JPSS morning
orbit in polar satellite data and are critical for maintaining
Numerical Weather Prediction model accuracy for 3-7 day
forecasts.
Commercial Weather Data Pilot.--The Committee provides
$2,000,000 to support the assessment and potential use of
commercial data in NOAA's weather modeling and forecasting
through pilot purchases of commercial data.
NOAA Satellite Reporting.--The Committee directs NOAA to
provide quarterly programmatic and procurement status reports
of all satellites actively orbiting, in space but in standby
mode, and under development unless any reprogramming, system
failure, construction delay, or other extraordinary
circumstance warrants an immediate update. As part of the
agency's quarterly satellite briefing, NOAA shall include
updates on preparations and enhancements necessary to
accommodate an increased volume of satellite data and shall
compare initial cost estimates to actual expenditures.
NOAA Fleet Recapitalization.--In November 2016, the
Committee approved NOAA's updated Fleet Recapitalization Plan,
which established a foundation for new vessel construction over
the next 10 years. The Committee is pleased that NOAA's fiscal
year 2018 budget request includes $75,000,000 for new vessel
construction, which follows the Committee's direction and tempo
for revitalizing the agency's aging fleet. The Committee
commends NOAA's plan to leverage work done by the U.S. Navy to
reduce design risk, ship acquisition cost, and vessel delivery
time. The Committee further urges NOAA to continue efforts to
find additional ship acquisition efficiencies. Furthermore, in
recognition of the economic and national security importance of
the domestic shipbuilding industrial base, the Committee urges
NOAA to make every effort to acquire, consistent with its
schedule and cost competition requirements, only U.S.
manufactured components of the following type: auxiliary
equipment (including pumps) for shipboard services; propulsion
equipment (including engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes. NOAA is
directed to continue providing the Committee quarterly updates
on progress and plans to recapitalize the fleet.
NOAA Aircraft Recapitalization.--NOAA operates nine
aircraft, including hurricane hunter observation platforms and
several unmanned aerial vehicles that are critical for
forecasting severe weather, conducting emergency response, and
supporting research missions. Some of these platforms are
rapidly approaching their operational life expectancy,
including the aging jet prop aircraft that conducts valuable
soil moisture, water resources, and gravity-based vertical
datum survey missions. The Committee provides $12,000,000 to
replace this asset with a comparable aircraft that provides
better uniformity within NOAA's current inventory. Within 120
days of enactment of this act, NOAA shall submit an updated
NOAA Aircraft Recapitalization Business Case and Timeline to
the Committee that encompasses the agency's entire aerial
assets and associated mission requirements and shall include
any changes in risk related to unscheduled repairs to the
Gulfstream IV during the 2016 hurricane season. As part of the
report, NOAA is directed to consider options for augmenting its
airborne capabilities to conduct primary mission work or to
provide secondary backup capacity. In addition to procuring new
aircraft, NOAA should evaluate leasing or contracting assets,
consistent with the requirements of the Weather Research and
Forecasting Innovation Act of 2017 (Public Law 115-25).
NOAA Marine Operation Facilities.--The Committee provides
$2,000,000 under Mission Support PAC to continue the necessary
environmental assessments, permitting activities, and design
work for new berthing facilities at Newport, Rhode Island,
which will permanently accommodate the NOAA Ship Henry B.
Bigelow and other vessels in future fiscal years. Within 120
days of enactment of this act, NOAA shall submit a
comprehensive plan to the Committee outlining the cost, scope,
and timeline for constructing and outfitting this facility,
which is co-located on United States Navy property. As part of
this plan, NOAA shall outline its partnership with the United
States Navy and the United States Coast Guard on the associated
shared responsibilities for constructing and using this
facility.
Mission Support, Facilities Initiative.--Within funding
provided under Mission Support PAC for NOAA Construction,
$10,500,000 is for wet lab and syphon system repairs and
construction at NOAA's Mukilteo fisheries laboratory, in
accordance with funding requested and provided for these
activities in fiscal year 2017.
Fishing Community Presence.--NOAA shall consider all viable
ports when undertaking capital planning reviews, including
those that do not currently have a significant NOAA presence.
PACIFIC COASTAL SALMON RECOVERY FUND
Appropriations, 2017.................................... $65,000,000
Budget estimate, 2018...................................................
Committee recommendation................................ 65,000,000
The Committee's recommendation provides $65,000,000 for the
Pacific Coastal Salmon Recovery Fund. The recommendation is
equal to the fiscal year 2017 enacted level and $65,000,000
above the budget estimate. Funds are for conservation and
restoration of Pacific salmon populations. State and local
recipients of this funding will provide matching contributions
of at least 33 percent of Federal funds. In addition, funds
will be available to tribes without a matching requirement.
FISHERMEN'S CONTINGENCY FUND
Appropriations, 2017.................................... $350,000
Budget estimate, 2018................................... 349,000
Committee recommendation................................ 349,000
The Committee's recommendation provides $349,000 for the
Fishermen's Contingency Fund. The recommendation is $1,000
below the fiscal year 2017 enacted level and equal to the
President's request.
FISHERIES FINANCE PROGRAM ACCOUNT
Appropriations, 2017.................................... -$410,000
Budget estimate, 2018................................... -3,000,000
Committee recommendation................................ -3,000,000
The Committee recommends that direct loans administered
through this account for individual fishing quotas may not
exceed $24,000,000. Traditional direct loans may not exceed
$100,000,000, which is the same as the fiscal year 2017 enacted
level and budget request.
OTHER
Departmental Management
SALARIES AND EXPENSES
Appropriations, 2017.................................... $58,000,000
Budget estimate, 2018................................... 63,000,000
Committee recommendation................................ 58,000,000
The Committee's recommendation provides $58,000,000 for
Departmental Management Salaries and Expenses. The
recommendation is equal to the fiscal year 2017 enacted level
and $5,000,000 below the budget request.
Within Departmental Management, the Salaries and Expenses
account provides funding for the Secretary, Deputy Secretary,
and support staff. Responsibilities involve policy development
and implementation affecting U.S. and international activities,
as well as establishing internal goals for operations of the
Department.
Not less than 90 days after enactment of this act, the
Department shall submit to the Committee a report detailing
actions taken to cut costs and a detailed account of funds
saved by such actions across the Department's bureaus.
Working Capital Funds.--For each of the three working
capital funds within DOC, the following are to be provided to
the Committee and the Office of Inspector General by November
30 of each fiscal year: (1) A comparison of the final budget or
spending plan at the project or activity level to the actual
year-end data as of September 30 of the prior fiscal year,
including detailed narratives for variances greater than 5
percent at the project or activity; (2) the initial budget or
spending plan by project or activity for the current fiscal
year; and (3) a detailed schedule of fiscal year-end
unobligated and carryover balances by source funding category
and by expiring budget fiscal year, to include: direct
authority, Federal and intragovernmental reimbursable authority
by trading partner, non-Federal reimbursable authority, amounts
held for future asset replacement, and other categories.
Concrete Masonry Products.--The Committee recognizes that
concrete block is a durable product used in the construction of
public infrastructure, commercial facilities, and homes. The
Committee recognizes the need for legislation to enable
concrete masonry manufacturers to establish, finance, and carry
out a coordinated program of research, education, and promotion
of markets for concrete masonry products and that would give
the Department legal authority for the program's operation and
to maintain oversight.
Small Business Innovation Research.--The Committee
recognizes the importance of the Small Business Innovation
Research [SBIR] program and its previous accomplishments in
facilitating commercial successes from federally funded
research and development projects. The SBIR program encourages
small domestic businesses to engage in Federal research and
development and creates jobs in the smallest firms. The
Committee therefore directs the DOC to place an increased focus
on awarding SBIR grants to firms with fewer than 50 people.
Unobligated Balances.--The Committee remains concerned
about the amount of unobligated funding within DOC. As directed
in section 507 of this act, the Department is directed to
continue reporting all unobligated balances to the Committee on
a quarterly basis.
Spending Plans.--Under section 533 of this act, the
Department is required to submit a spending plan within 45 days
of the enactment of this act. That plan should describe the
programs, projects, and activities of the Department so that
the Committee receives detailed descriptions of how the
Department intends to operationalize the funding provided in
annual appropriations bills. The Committee expects a detailed
accounting of each bureau's spending, including reimbursable,
fee-funded, or working capital fund spending, particularly with
regard to specific programs, projects, and activities described
in the bill and accompanying report. The Department shall
continue to work with the Committee to ensure that its spending
plans provide adequate information for continued oversight of
the Department.
RENOVATION AND MODERNIZATION
Appropriations, 2017.................................... $4,000,000
Budget estimate, 2018................................... 1,000,000
Committee recommendation................................ 1,000,000
The Committee recommendation provides $1,000,000, which is
$3,000,000 below the fiscal year 2017 enacted level and equal
to the budget request, for building renovation at the
Department. Furthermore, unobligated balances of discretionary
funds appropriated for DOC may be transferred to and merged
with this account subject to certain limitations and the
procedures set forth in section 505 of this act.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2017.................................... $32,744,000
Budget estimate, 2018................................... 32,000,000
Committee recommendation................................ 32,744,000
The Committee's recommendation provides $32,744,000 for the
Office of Inspector General [OIG]. The recommendation is equal
to the fiscal year 2017 enacted level and $744,000 above the
budget request.
In addition to funds provided under this heading, the
Committee has recommended transfers to the OIG: $2,000,000 from
the U.S. Patent and Trademark Office; $1,302,000 from the
National Oceanic and Atmospheric Administration; and $2,580,000
from the Census Bureau for oversight and audits of those
activities. The Committee directs the OIG to continue strict
oversight activities for satellite procurements, cybersecurity,
and the decennial census.
Working Capital Fund Audits.--The Committee continues to
direct the OIG to audit all of the working capital funds within
the Department to evaluate the Department's budgetary controls
over all funds. The OIG shall assess: the controls in place to
develop reimbursement formulas; the relationship of
reimbursements to client services; the appropriateness of the
level of fund balances; and compliance with appropriations law
and direction. As part of this assessment, the Inspector
General shall pay particular attention to the increasing
amounts of funding needed to support the Department's Office of
General Counsel, including the justification and metrics for
how such funding is being levied against each agency and,
reciprocally, how the agencies account for the services they
receive from the OIG. If at any point during these audits the
OIG encounters problems with accessing any necessary
information or data from the Department, the OIG is directed to
notify the Committee immediately.
Audits and Investigations.--The Committee believes that
robust investigations and audits are essential to rooting out
waste, fraud, and abuse, but that limiting inquiries only to
individuals in the Department does not necessarily lead to
comprehensive findings and recommendations. The Committee
directs the OIG to modify its policies and procedures to ensure
that investigations or reports include interviews with all
parties to the project or program in question, including, but
not limited to, contractors responsible for projects under
review. The Committee cautions the OIG against issuing
preliminary findings prior to interviewing a majority of the
entities involved with the program or project under
investigation, unless the OIG believes the findings are time
sensitive or additional interviews are immaterial.
General Provisions--Department of Commerce
Section 101 makes Commerce Department 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 salaries and expenses
available for the hire of passenger motor vehicles, and for
services, uniforms, and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce accounts. The provision makes
transfers subject to the Committee's standard reprogramming
procedures and requires notification to the Committee prior to
capital asset disposal.
Section 104 extends congressional notification requirements
for the NOAA satellite programs.
Section 105 provides authority for the Secretary of
Commerce to furnish certain services within the Herbert C.
Hoover Building.
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 NOAA the authority to share resources
with entities outside the agency.
Section 108 requires that, before charging for
congressional reports, the National Technical Information
Service [NTIS] advise the public of free ways to receive or
access these reports. For those reports that cannot be found
free of charge or when a customer requires a mailed, hard copy,
NTIS may only charge a de minimus copying and mailing fee.
Section 109 allows the Secretary of Commerce to waive the
bond requirement for research vessel repair and construction
contracts that would align Commerce's authorities with those of
other Federal agencies and address difficulties NOAA has
experienced in obtaining competitive bids for ship repairs.
Prior to exercising waiver authority under section 109 of
this act, the Secretary of Commerce shall promulgate
regulations specifying criteria under which waiver authority
may be used, including the types of contracts eligible for
consideration, surety alternatives, and acceptable risk
profiles in order to protect the taxpayer and ensure that NOAA
maximizes cost-savings. The Department is directed to notify
the Committee not less than 15 days prior to any waiver issued
under this section. In addition, the Department shall, not
later than 120 days after the date of enactment of this act,
prepare a report including the actual costs of repairing,
rehabilitating, and replacing vessels in fiscal years 2014,
2015, 2016, 2017, 2018, and annually thereafter, including an
indication of those vessels for which NOAA waived the Miller
Act.
Section 110 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
The Committee remains concerned that agreements for
offsetting collections provided for under this section could
result in a conflict of interest, or the appearance of a
conflict of interest, for the Department. The Department is
directed to exercise caution and consider any unintended
consequences that could result from such agreements, including,
but not limited to, augmentation of appropriations, initiation
of new programs not authorized by this act or any other act of
Congress, and liabilities extending beyond the period of any
such agreement. The Department shall provide to the Committee
monthly updates on all offsetting fee collections, including
each entity participating in the agreement, as well as the
terms of and specific activities funded by the agreement.
Additionally, estimates of anticipated fee collections shall be
included in the Department's annual spend plans. To further
ensure the Committee maintains sufficient oversight for
activities carried out under this section, language is included
specifying that any offsetting collection would require the
consent of each party subject to the agreement and all
offsetting collections shall be subject to procedures set forth
by section 505 of this act.
Section 111 provides authority for the programs of the
Bureau of Economic Analysis and the U.S. Census to enter into
cooperative agreements in order to assist in improving
statistical methodology and research.
TITLE II
DEPARTMENT OF JUSTICE
The Committee recommends a total of $29,068,210,000 for the
Department of Justice [DOJ]. The recommendation is $120,713,000
above the fiscal year 2017 funding level and $739,705,000 above
the budget request. The Committee's recommendation emphasizes
key priorities regarding funding for the Department's critical
ongoing missions and activities to protect the safety,
security, and rights of our citizens.
Countering the Heroin and Opioid Epidemic.--The Committee
continues its commitment to helping States and local
communities in the fight against heroin and the illegal use of
opioids through comprehensive programs covering law
enforcement, prevention, and treatment. A total of $174,000,000
is provided for these purposes, including $158,000,000 in DOJ
grant funding, to help our State and local partners tackle this
epidemic. In addition, the Drug Enforcement Administration
[DEA] is provided $2,535,351,000, of which $12,500,000 is
provided to continue the four heroin enforcement teams funded
in fiscal year 2017 for interdiction and intervention efforts
including the support of DEA's 360 Strategy. The Committee
supports the Bureau of Prisons' drug treatment programs,
including the Residential Drug Assistance Program, at no less
than the fiscal year 2017 level of $116,000,000. Rather than
take critical programming resources from the DEA's Diversion
Control Fee Account, the Executive Office of the United States
Attorneys [EOUSA] is directed to dedicate Assistant U.S.
Attorneys to focus on criminal and civil diversion cases.
Trafficking in Persons.--The fight against human and sex
trafficking, including the apprehension of perpetrators who use
classified ads on Web sites to facilitate the sexual
exploitation of children, crosses many jurisdictions within the
Department. The Department shall dedicate no less than the
fiscal year 2017 level for the Human Trafficking Prosecution
Unit [HTPU] and the Committee encourages HTPU and the Anti-
Trafficking Coordination Teams to continue working with victim
service providers and non-governmental organizations to ensure
victim needs are prioritized as part of the overall strategy to
combat human trafficking and forced labor in the United States.
Furthermore, the Committee directs the HTPU to provide a report
on human trafficking victims, as specified in Senate Report
114-239 and codified by Public Law 115-31, to the Committee no
later than 90 days following enactment of this act.
The Federal Bureau of Investigation [FBI] is directed to
provide no less than the fiscal year 2017 level to investigate
severe forms of trafficking in persons. As the lead Federal law
enforcement agency, the FBI's ability to combat trafficking and
forced labor requires resources devoted specifically to the
growing problem of trafficking and forced labor. Funding shall
be used for investigations into human trafficking and forced
labor and providing victim witness coordinators when needed on
an emergency basis through the Office of Victim Assistance via
the Office of Victims of Crime. The Committee also directs that
the FBI designate a lead agent in each field office as a point
of contact for slavery and human trafficking investigations.
In addition, the Committee directs the FBI to submit a
report for Innocence Lost Operations encompassing the previous
5 years that details the: (1) number of traffickers arrested,
(2) the number of adults arrested on charges of prostitution,
(3) the number of minor victims identified, (4) the number of
minor victims criminally charged, and (5) the placement and
social service support secured for each child in each State
operation within 180 days of enactment of this act.
The EOUSA and the FBI shall continue to follow direction as
outlined by the Committee in Senate Report 114-66 regarding
designated points of contact and improved processes for T-visas
for EOUSA and support for victims of trafficking through
Continued Presence for the FBI.
The Committee is disturbed by recent reporting on the use
of labor that may have been subject to human trafficking to
harvest fish in international waters. Due to the complex legal
and jurisdictional issues involved, the Committee directs the
DOJ to lead a multi-agency task force to address this issue.
The task force should convene experts from Federal agencies
that handle law enforcement, labor law and international issues
to develop a coordinated response regarding the proper
application of U.S. law and resolution of any jurisdictional
issues. The Department is directed to report back to the
Committee on the establishment and progress of this multi-
disciplinary task force not later than 90 days after the date
of enactment of this act and issue a final report along with
any related funding, policy recommendations and legal decisions
within 1 year of enactment of this act.
Intellectual Property Rights [IPR] Enforcement.--The
Committee expects the Department to continue to make IPR
enforcement an investigative and prosecutorial priority.
Sophisticated, often transnational, criminal enterprises engage
in a range of illegal activity, including identity theft,
connected to the theft of copyrighted content. Given the strong
links to other illegal activity, the Department's IP-dedicated
personnel should investigate U.S.-based sites and apps that are
engaged in such criminal activity. The FBI shall submit a
report to the Committee, not later than 90 days after enactment
of this act, detailing the activities of its dedicated agents
investigating IPR cases, particularly in the area of creative
content theft.
The Committee reminds United States Attorneys Offices
[USAO] to remain focused on IPR crimes. Based on a new wave of
digital copyright piracy involving devices and software that
connect televisions directly to copyright-theft sites, the
Committee directs the USAOs to place an emphasis on the
investigation and prosecution of criminal enterprises
distributing such illicit copyright-theft devices.
Cybersecurity.--The Department has several offices with
cybersecurity responsibilities, including those within the FBI,
the National Security Division, the Criminal Division, and
USAO. At a minimum, the Committee directs the Department to
maintain its cybersecurity posture at no less than the fiscal
year 2017 level to defend and respond to current and emerging
attacks that threaten its own infrastructure and activities. In
other cases, such as with the USAO, DEA, and the FBI, the
Committee has specific direction detailed later in this report
to provide increased funding for cyber-related investigations
and to prosecute additional cybercrimes. Throughout this title,
the Committee directs the Department to provide no less than
the fiscal year 2017 level for cybersecurity-related
activities.
Strengthening Police-Community Relations.--The Committee
continues to recognize and support the important need for
lasting collaborative relationships between local police and
the public and directs that no less than the fiscal year 2017
funding level be allocated towards these efforts. $92,500,000
is provided for State and Local and Community Oriented Policing
Services [COPS] Office grant programs. Strong partnerships
between the police and the communities they protect reduce
crime, ensure that citizens' civil rights are protected, and
improve officer safety.
The Committee supports the FBI's June 10, 2016, guidance
affirming the Criminal Justice Information Services [CJIS]
Advisory Policy Board recommendation that all law enforcement
agencies be National Incident-Based Reporting System [NIBRS]
compliant by January 1, 2021. The FBI's NIBRS captures detailed
crime incident data, beyond what the Uniform Crime Reporting
System currently tracks, such as arrests and officer-involved
shootings, is not only critical in aiding State and local law
enforcement agencies as they work to keep our communities safe,
but also increases transparency and accountability of law
enforcement to the public. To assist in this effort, the
Committee again funds the National Crime Statistics Exchange
[NCS-X] at $5,000,000 to help additional law enforcement
agencies make the transition into NIBRS and allow the Bureau of
Justice Statistics to produce nationally representative
estimates of crimes known to the police that can be
disaggregated by victim-offender characteristics, the
circumstances of the crime, victim-offender relationship, and
other important elements of criminal events.
Federal Water Usage Violations.--The Committee is aware
that the Department should receive notifications from the U.S.
Army Corps of Engineers [USACE] regarding violations of Federal
water contracts involving multi-State river basins. The
Committee directs the Department to provide a report within 60
days of enactment of this act that includes: an audit of all
Federal water contract violations in multi-State water basins
since 2005; an audit of any contract violation notifications
DOJ has received from USACE regarding all multi-State river
basins since 2005; a record of how DOJ has handled these
violations and notifications; and a comprehensive plan for how
DOJ intends to enforce the law and respond to these contract
violations now and in the future. The Committee also directs
the Department to enter into an agreement with USACE whereby
the Department contemporaneously receives all water contract
violation notifications produced or issued by the USACE, in
whatever form. Upon receipt of any contract violations, the
Attorney General shall ensure that the information is provided
to the appropriate United States Attorney's offices of
jurisdiction to determine if civil or criminal prosecution is
warranted.
Emmett Till Unsolved Civil Rights Crimes Act.--The
Committee fully supports the goals of the Emmett Till Unsolved
Civil Rights Crimes Reauthorization Act of 2016 (Public Law
114-325) to investigate and prosecute previously unresolved
civil rights era ``cold case'' murders suspected of having been
racially motivated, through a partnership among the Civil
Rights Division [CRT], the FBI, the Community Relations Service
[CRS], State and local law enforcement officials, and other
eligible entities. To continue supporting Emmett Till
activities, the Committee urges the Department to: use such
sums as may be necessary from within the base budget for the
CRT's Cold Case Initiative; for the FBI to pursue Emmett Till
Act cold cases; and for the CRS to partner with law enforcement
agencies and communities to help resolve conflicts resulting
from the investigation of unsolved civil rights era cases.
Additionally, the Committee directs the National Institute of
Justice, the Bureau of Justice Assistance, and the Office for
Victims of Crime to continue providing grants for cold case DNA
investigations to aid State and local law enforcement agencies
in their investigation and prosecution of unsolved civil rights
cold cases.
Working Capital Fund [WCF].--The Committee expects the
Department to execute funding to the fullest extent possible
without any carryover balances. The Committee directs DOJ to
continue to use the WCF only as a repository for reimbursable
funds from components and to obligate and execute that funding
expeditiously. The DOJ shall provide a report to the Committee
within 45 days of enactment of this act regarding balances in
the WCF including carryover funds, the intended uses of those
funds, and a spending plan. The spending plan shall include:
the amount each component contributes to the WCF; a detailed
accounting of collections into the WCF from appropriations,
reimbursable funds, and alternative sources of funding
including the Three Percent Fund; a list of settlements and
collections from the Three Percent Fund in excess of $3,000,000
and a categorical accounting of obligations out of the WCF
including a breakdown of services provided from the Department
to each component. The Department is further directed to
provide quarterly updates on the WCF to the Committee.
Cell-Site Simulator [CSS] Technology.--Funds provided in
this act shall be used only to deploy or facilitate the use of
CSS technology for criminal investigations if such use complies
fully with DOJ's guidance issued on September 3, 2015. The
Department shall ensure that this guidance is followed strictly
by Federal, State, and local entities that receive funding
under this act, to include compliance with requirements of the
Fourth Amendment and the Pen Register Act. As directed in the
guidance, CSS technology must be configured only as pen
registers and may not be used to collect content of any
communication or subscriber account information. In addition,
the departmental guidance requires comprehensive and consistent
training on the appropriate use of CSS technology; adopting
rigorous practices for handling and retaining data acquired
through the use of this technology; and scrupulously auditing
the use of such technology. The Committee directs the
Department to submit a report, within 120 days of enactment of
this act, on DOJ's use of CSS technology and its compliance
with the guidance.
Crime Victim and Sexual Assault Survivor Rights
Implementation.--The Committee strongly supports the
Department's continued efforts to promote the rights of crime
victims, including new rights for sexual assault survivors
enacted as part of the Survivors' Bill of Rights Act of 2016
(Public Law 114-70). Sexual assault remains one of the most
underreported crimes in our criminal justice system. Formal
recognition of the rights of survivors remains a critical
component of the larger effort to increase reporting of these
crimes by creating an environment that allows survivors to feel
comfortable coming forward. To that end, the Committee directs
the Department to report within 90 days of enactment of this
act on its efforts to update its prosecution, victim, and
witness assistance guidelines, protocols, procedures, and other
relevant regulations in order to be consistent with recent
changes in the law associated with crime victims and sexual
assault survivors rights, including those victim and survivor
rights that apply regardless of whether the victim participates
in a subsequent investigation or whether or not a report
results in a formal charge or indictment.
Travel Scams.--The Committee is aware of rising incidences
of online hotel booking scams targeting U.S. citizens. The
Committee encourages the Department to collaborate with the
Federal Trade Commission to develop a strategy to reduce and
prevent incidences of consumers being subjected to booking
scams, with a particular focus on deceptive websites and call
centers that pose as legitimate hotel or travel companies.
Compliance with Recently Enacted Laws.--The Committee
reminds the Department of the recent enactment of the Justice
for All Reauthorization Act of 2016 (Public Law 114-324) and
Title XIV of the 21st Century Cures Act (Public Law 114-255),
titled ``Mental Health and Safe Communities,'' and expects the
Department to fully comply with these laws in administering the
funding provided under this act.
Spending Plan.--In compliance with section 533 of this act,
the Committee directs the Department to submit a spending plan,
signed by the Attorney General, within 45 days of enactment of
this act.
General Administration
SALARIES AND EXPENSES
Appropriations, 2017.................................... $114,124,000
Budget estimate, 2018................................... 114,000,000
Committee recommendation................................ 114,000,000
The Committee's recommendation provides $114,000,000 for
General Administration salaries and expenses. The
recommendation is $124,000 below the fiscal year 2017 enacted
level and equal to the budget request.
The General Administration account provides funding for
senior policy officials responsible for departmental management
and policy development. The specific offices funded by this
account include: the immediate Office of the Attorney General;
the immediate Office of the Deputy Attorney General; the
immediate Office of the Associate Attorney General; Office of
Legal Policy; Office of Public Affairs; Office of Legislative
Affairs [OLA]; Office of Professional Responsibility; Office of
Intergovernmental and Public Liaison; and the Justice
Management Division [JMD].
Wildlife Trafficking.--The Committee notes the dramatic and
disconcerting increase of criminal activity involving wildlife
that includes the illegal trade in rhinoceros horns and
elephant ivory, poaching of wild animals for their parts,
illegal capture and transport of endangered animals, and
illegally harvested timber, as well as money laundering that
comes with these products' sale on the black market. There are
indisputable linkages between these activities and the
financing of armed insurgencies and transnational organized
crime that threaten the stability and development of African
countries and pose a serious threat to U.S. security interests.
The Committee directs the Attorney General to continue to
report on the specific steps the Department is taking to
further address wildlife trafficking and the illegal natural
resources trade, as specifically outlined in Senate Report 114-
239 and codified in Public Law 115-31. The report should also
include the investigative efforts of INTERPOL programs like
Operation Worthy II and Operation Paws, as well as the issuance
of Red Notices for criminals engaging in these activities, and
efforts to carry out the new authorities and penalties under
the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act
of 2016 (Public Law 114-231), which allows the Federal
Government to seek stronger penalties under existing money
laundering statutes in order to prosecute high-value criminal
violations of wildlife trafficking laws.
Office of Legislative Affairs.--While the Committee
primarily communicates with the Department through JMD, it
reserves the right to call upon any individual or organization
within its jurisdiction for requests for information, including
the Department's Office of Legislative Affairs [OLA]. The
Committee again reminds DOJ that it has both budgetary and
oversight capabilities, and requests for additional information
from the Chairmen, Vice Chairmen, or Ranking Members or their
staffs to OLA should be treated as a priority for the
Department and responded to both courteously and expeditiously.
Special Counsel.--The Committee directs the leadership of
the Department to adhere faithfully to all of its established
processes and regulations regarding the operations of any
Special Counsel.
DOJ's Task Force on Crime Reduction and Public Safety and
Subcommittee on Forensics.--The Committee directs the
Department to provide a report not later than 90 days after
enactment of this act with the following: an explanation of the
methods and programs by which the DOJ will be assisting the
State, local, and tribal forensic science community in tackling
the opioid crisis through the work of the Subcommittee on
Forensics; a plan as to how the Office of Forensic
Investigative Sciences, within the National Institute of
Justice, will solicit the input of State, county, local and
tribal forensic science service providers, agencies and
practitioners regarding grant programs; and how the DOJ plans
to coordinate with NIST's Organization of Scientific Area
Committees.
Native Children's Commission.--The Committee supports the
need to address issues affecting Native children and directs
DOJ to continue to support the important work of the Commission
on Native Children as specified in the Alyce Spotted Bear and
Walter Soboleff Commission on Native Children's Act (Public Law
114-244).
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $31,000,000
Budget estimate, 2018................................... 30,941,000
Committee recommendation................................ 30,941,000
The Committee's recommendation provides $30,941,000 for
Justice Information Sharing Technology [JIST]. The
recommendation is $59,000 below the fiscal year 2017 enacted
level and equal to the budget request.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $440,000,000
Budget estimate, 2018................................... \1\500,397,000
Committee recommendation................................ 500,397,000
\1\The budget request for the Executive Office for Immigration Review is
requested within a separate heading that includes other accounts.
The Committee's recommendation provides $500,397,000 for
the Executive Office for Immigration Review, of which
$4,000,000 is a transfer from the U.S. Citizenship and
Immigration Services [USCIS] Immigration Examiners Fee Account.
The recommendation is $60,397,000 above the fiscal year 2017
enacted level and is the same as the budget request.
This account funds the Executive Office for Immigration
Review [EOIR], including the Board of Immigration Appeals
[BIA], immigration judges, and administrative law judges who
decide through administrative hearings whether to admit or
exclude aliens seeking to enter the country, and whether to
deport or adjust the status of aliens whose status has been
challenged.
EOIR Backlog of Cases and Immigration Judge Hiring.--The
Committee directs EOIR to promptly resume submitting monthly
performance and operating reports, which have provided the
Committee with clear statistics on the dire situation at EOIR
with regard to the backlog of cases and the hiring of new
Immigration Judge [IJ] Teams to process them. In fiscal year
2017, these mandatory reports have not been transmitted in a
timely manner pursuant to the Committee's direction. EOIR's
immigration court caseload continues to escalate as a result of
heightened border enforcement efforts, and at the end of June
2017 the backlog of cases pending adjudication had reached a
crisis level of 607,755.
For fiscal year 2017, the Committee provided funding to
hire 10 new IJ Teams and equipped them with the necessary
technology and support to do their jobs efficiently, and the
requested increase in funding provided for fiscal year 2018 is
for an additional 65 new IJ teams. The Committee is concerned,
however, about the Department's ability to expeditiously fill
these and many other vacant positions at EOIR. The Committee
directs EOIR to ensure that all newly hired IJs are highly
qualified and trained to conduct fair, impartial hearings
consistent with due process and are drawn from a diverse pool
of candidates that includes a balance of candidates with non-
governmental, private bar experience in addition to government
experience.
In Senate Report 114-239, the Committee directed the
Department to prioritize hiring new immigration judges as a
primary means to reverse the alarming growth in the caseload
backlog. The Committee was pleased to learn that the Department
is developing a revised, expedited hiring process for new IJs,
but the Committee is troubled that the key details of this plan
have not been shared. Left unanswered are questions regarding
the applicant pool for new hires and the means by which
candidate vetting will be accelerated while remaining thorough.
Furthermore, the Department has announced plans to surge IJs to
areas with the largest case backlogs, but the Committee is
still awaiting important information regarding this
announcement in order to properly perform its oversight
responsibilities. Within 30 days of enactment of this act, the
Committee directs EOIR to submit their streamlined IJ hiring
plan, to detail the number of IJs being reassigned to the
southwest border and where they are being moved from, and to
explain how the caseload of IJs reassigned to the southwest
border will be covered.
Immigration Judge Training.--The Committee was alarmed by
EOIR's recent cancellation of continued training and education
courses for IJs. Given the ever changing landscape of
immigration laws, orders, policies and court cases, it is
critical that IJs receive continuous training throughout the
length of their careers. This training helps to ensure they
have the most up-to-date information on not only rules and
regulations, but how to best handle cases with vulnerable
populations, such as children, as well as ethics courses.
Within 90 days of enactment of this act, the Committee directs
a report detailing the level of training each IJ receives when
entering EOIR service, and the annual number of hours of
training and courses required for IJs currently on the bench.
Legal Orientation Program [LOP].--The Committee's
recommendation maintains the fiscal year 2017 level of no less
than $10,400,000 for LOP. This includes funding for LOP for
Custodians [LOPC], including efforts, pursuant to the
Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457), for custodians of unaccompanied,
undocumented children to address the custodian's responsibility
for the child's appearance at all immigration proceedings, and
to protect the child from mistreatment, exploitation, and
trafficking. Recognizing that LOP currently serves detained
individuals in a limited number of States, the Committee
directs that attention be paid to geographic equity as LOP
expands the reach of its services to additional detention
centers. The Committee notes the particular need for legal
services at more remote immigration detention sites that are
far from legal service providers in urban centers.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2017.................................... $95,583,000
Budget estimate, 2018................................... 95,328,000
Committee recommendation................................ 96,500,000
The Committee's recommendation provides $96,500,000 for the
Office of Inspector General [OIG]. The recommendation is
$917,000 above the fiscal year 2017 enacted level and
$1,172,000 above the budget request.
This account finances the activities of the OIG, including
audits, inspections, investigations, and other reviews of
programs and operations of the Department to promote efficiency
and effectiveness, and to prevent and detect fraud, waste, and
abuse, as well as violations of ethical standards arising from
the conduct of Department employees in their numerous and
diverse activities.
Oversight of Crime Victims Fund Grants.--Section 510 of
this act maintains $10,000,000 for the OIG to continue its
expanded audits of the Crime Victims Fund [CVF] including
funding set aside for Indian tribes. The Committee remains
concerned that the Department is not doing enough to
proportionately adjust its grant monitoring activities to
reflect significant changes in CVF spending in order to avoid
waste, fraud and abuse. The Committee directs the OIG to
continue its audits of CVF awards and assist the Department to
ensure these important funds are used appropriately and
effectively.
United States Parole Commission
salaries and expenses
Appropriations, 2017.................................... $13,308,000
Budget estimate, 2018................................... 13,283,000
Committee recommendation................................ 13,308,000
The Committee's recommendation provides $13,308,000 for the
United States Parole Commission. The recommendation is equal to
the fiscal year 2017 enacted level and $25,000 above the budget
request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
Appropriations, 2017.................................... $897,500,000
Budget estimate, 2018................................... 899,000,000
Committee recommendation................................ 897,500,000
The Committee's recommendation provides $897,500,000 for
General Legal Activities salaries and expenses. The
recommendation is equal to the fiscal year 2017 enacted level
and $1,500,000 below the budget request.
This bill funds the establishment of litigation policy,
conduct of litigation, and various other legal responsibilities
through the Office of the Solicitor General, the Tax Division,
the Criminal Division [CRM], the Civil Division, the
Environmental and Natural Resources Division, the Civil Rights
Division [CRT], the Office of Legal Counsel, and INTERPOL
Washington.
INTERPOL Washington.--From within funds provided for
General Legal Activities, the Committee directs the Department
to provide no less than the fiscal year 2017 level for INTERPOL
Washington. The Committee has provided no-year authority in the
amount of $685,000 to ensure sufficient resources are available
for INTERPOL Washington's dues payments and help the Department
better manage fluctuations in currency exchange rates. INTERPOL
Washington's command center [IOCC] operates 24 hours a day, 7
days a week, 365 days a year, responding to requests for
international criminal investigative and humanitarian
assistance from more than 18,000 U.S. law enforcement agencies
and their counterparts in 189 other INTERPOL-member countries.
INTERPOL Washington's responsibility to respond to increasing
foreign and domestic requests places additional operational
demands on the resources of this organization.
Civil Rights.--The Committee provides no less than the
fiscal year 2017 enacted level to continue its efforts to
enforce civil rights laws; expand its capacity to prosecute and
provide litigation support for human trafficking, hate crimes,
and unsolved civil rights era crimes; carry out its
responsibilities associated with the civil rights of
institutionalized persons and the access rights of the
disabled; investigate and prosecute police misconduct; and
enhance the enforcement of fair housing and fair lending laws.
Civil Rights Violations in State and Local Prisons and
Jails.--The Committee continues to be concerned by reports of
civil rights violations in State and local prisons and jails,
and directs the CRT to increase efforts to investigate and
address violations of the Civil Rights of Institutionalized
Persons Act in State and local prisons and jails. The Committee
directs the CRT to use such sums as necessary from amounts
appropriated in fiscal year 2018 to address such issues in
State and local prisons and jails.
Human Rights Crimes.--The Committee remains concerned by
the large number of suspected human rights violators from
foreign countries who have found safe haven in the United
States and directs the CRM to continue its efforts to
investigate and prosecute serious human rights crimes,
including genocide, torture, use or recruitment of child
soldiers, and war crimes. For this purpose, the Committee's
recommendation supports continued funding for the CRM to
investigate and prosecute individuals who violate Federal laws
regarding serious human rights abuses.
Enforcement of Federal Hate Crime Laws.--The Committee is
concerned by reports of increased incidents of bias-motivated
crimes and directs the Civil Rights Division to aggressively
prosecute hate crimes and work with the FBI, U.S. Attorneys,
and the Community Relations Service to improve hate crime
reporting and prevent hate crimes from taking place in the
first instance.
International Training.--The Committee remains concerned
about the instability of budget and staffing challenges faced
by the Office of Overseas Prosecutorial Development, Assistance
and Training [OPDAT] and International Criminal Investigative
Training Assistance Program [ICITAP] programs under the current
funding structure provided via the Department of State. While
the Committee encourages the Departments of Justice and State
to maintain open communications regarding programmatic and
resource needs to truly execute their missions, OPDAT and
ICITAP should ideally receive a transfer of funds from State
within 90 days of enactment of this act. Should an immediate
source of funding be needed ahead of a completed transfer of
funds, the Committee suggests that the Department of Justice
notify the Committee immediately.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
Appropriations, 2017.................................... $10,000,000
Budget estimate, 2018................................... 9,340,000
Committee recommendation................................ 10,000,000
The Committee's recommendation provides a reimbursement of
$10,000,000 for legal costs. The recommendation is equal to the
fiscal year 2017 enacted level and is $660,000 above the budget
request.
This account covers the Department's expenses associated
with litigating cases under the National Childhood Vaccine
Injury Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
Appropriations, 2017.................................... $164,977,000
Budget estimate, 2018................................... 164,663,000
Committee recommendation................................ 164,977,000
The Committee's recommendation provides $164,977,000 for
the Antitrust Division. The recommendation is equal to the
fiscal year 2017 enacted level and is $314,000 above the budget
request. This appropriation is offset by $126,000,000 in pre-
merger filing fee collections, resulting in a direct
appropriation of $38,977,000.
UNITED STATES ATTORNEYS
SALARIES AND EXPENSES
Appropriations, 2017.................................... $2,035,000,000
Budget estimate, 2018................................... 2,057,252,000
Committee recommendation................................ 2,057,252,000
The Committee's recommendation provides $2,057,252,000 for
the Executive Office for United States Attorneys [EOUSA] and
the 94 U.S. Attorneys [USAs] offices. The recommendation is
$22,252,000 above the fiscal year 2017 enacted level and is
equal to the budget request.
As in past years, the Committee directs the USAs to focus
their efforts on those crimes where the unique resources,
expertise, or jurisdiction of the Federal Government can be
most effective.
Diversion of Opioids.--In order to take steps to eliminate
overprescribing and diversion of opioids, the Committee directs
that no less than $2,500,000 be used for EOUSA to conduct
criminal and civil prosecutions into the illegal prescribing
and dispensing of opioids. The Committee believes that the
existing structure of EOUSA, rather than the creation of a new
DEA prosecutorial force using Diversion Control Fee Account
funding, is the appropriate way to target these complex cases
which often involve Medicare and Medicaid fraud.
Adam Walsh Act Implementation.--The Committee expects the
EOUSA to continue to focus on investigations and prosecutions
related to the sexual exploitation of children, as authorized
by the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248), and as part of Project Safe Childhood.
The recommendation fully funds the budget request of
$48,341,000 for this purpose in fiscal year 2018.
Combating Financial and Mortgage Fraud.--The Committee
directs the EOUSA to prioritize resources and provide no less
than the fiscal year 2017 level to conduct criminal
investigations and prosecutions of mortgage and financial
fraud, including financial fraud against seniors; predatory
lending; and market manipulation matters to ensure that reports
of financial fraud are thoroughly addressed and the
perpetrators of these crimes are brought to justice.
Civil Rights Prosecutions.--The Committee's recommendation
provides no less than the fiscal year 2017 level for continued
civil rights enforcement that will advance both criminal and
civil litigations, including the prosecution of sex and labor
trafficking.
Cybercrime.--As national and international cyber threats
become increasingly sophisticated, our Federal prosecutors must
become better versed in digital forensic evidence. The
Committee's recommendation provides no less than $59,968,000,
which is equal to the fiscal year 2017 level and $4,875,000
above the budget request, for cybercrime activities. The USAO
will be able to increase the number of investigations and
prosecutions of cyber attacks and cyber intrusions, and provide
the high-caliber level of training on cybercrime and digital
evidence needed for Assistant U.S. Attorneys to be able to
analyze and present digital evidence across all types of
criminal cases.
The Committee does not support proposed funding cuts for
Intellectual Property and Child Pornography activities, and
instead directs USAO to provide no less than the fiscal year
2017 funding level for prosecution of these cyber-related
crimes.
Annual Report for the United States Attorney's Office for
the District of Columbia.--The Committee is troubled by reports
that the USA's Office for the District of Columbia has failed
to provide basic information regarding its investigation and
prosecution of sexual assault cases to the Bureau of Justice
Statistics. Lack of transparency regarding the conduct of
Federal prosecutors not only creates a culture of mistrust and
frustration among local advocates, survivors, and the general
public, but it can also frustrate this Committee's ability to
conduct constitutionally mandated oversight. To that end, the
Committee directs the Department to review recent data
disclosures from the USA's Office for the District of Columbia
to determine whether information provided regarding
investigation and prosecution of sexual assaults is consistent
with other USAOs. The Committee further directs the Department
to ensure that moving forward any criminal justice data in its
Annual Report for the USA's Office for the District of Columbia
includes the same information as its other offices,
particularly with respect to investigation and prosecution of
sexual crimes.
UNITED STATES TRUSTEE SYSTEM FUND
Appropriations, 2017.................................... $225,908,000
Budget estimate, 2018................................... 225,479,000
Committee recommendation................................ 225,908,000
The Committee's recommendation provides $225,908,000 for
the United States Trustee System Fund. The recommendation is
equal to the fiscal year 2017 enacted level and $429,000 above
the budget request. The appropriation is offset by $135,000,000
in fee collections.
The United States Trustee Program, authorized by 28 U.S.C.
581 et seq., is the component of the Department with
responsibility for protecting the integrity of the bankruptcy
system by overseeing case administration and litigation to
enforce the bankruptcy laws.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
Appropriations, 2017.................................... $2,374,000
Budget estimate, 2018................................... 2,409,000
Committee recommendation................................ 2,409,000
The Committee's recommendation provides $2,409,000 for the
Foreign Claims Settlement Commission. The recommendation is
$35,000 above the fiscal year 2017 enacted level and is equal
to the budget request.
The Foreign Claims Settlement Commission settles claims of
American citizens arising from nationalization, expropriation,
or other takings of their properties and interests by foreign
governments.
FEES AND EXPENSES OF WITNESSES
Appropriations, 2017.................................... $270,000,000
Budget estimate, 2018................................... 270,000,000
Committee recommendation................................ 270,000,000
The Committee's recommendation provides $270,000,000 for
fees and expenses of witnesses. The recommendation is equal to
the fiscal year 2017 enacted level and the budget request.
This appropriation, which is considered mandatory for
scorekeeping purposes, provides for fees and expenses of
witnesses who appear on behalf of the Government in cases in
which the United States is a party, including fact and expert
witnesses. These funds are also used for mental competency
examinations and witness and informant protection. The
Committee includes bill language prohibiting the Department
from transferring funds out of this account.
The Committee expects that no funds will be expended for
expert witness services, including the payment of fees and
expenses of expert witnesses, from any other DOJ accounts but
Fees and Expenses of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $15,500,000
Budget estimate, 2018................................... 14,419,000
Committee recommendation................................ 15,500,000
The Committee's recommendation provides $15,500,000 for the
Community Relations Service [CRS]. The recommendation is equal
to the fiscal year 2017 enacted level and $1,081,000 above the
budget request.
The Community Relations Service, established by title X of
the Civil Rights Act of 1964, provides assistance to
communities and persons in the prevention and resolution of
disagreements arising from discriminatory practices.
Hate Crimes Prevention.--Within funds provided, the
Committee provides no less than the fiscal year 2017 level to
handle the workload and responsibilities stemming from passage
of the Matthew Shepard and James Byrd, Jr., Hate Crimes
Prevention Act [HCPA] (Public Law 111-84). The HCPA expanded
the CRS's mandate, requiring that it help communities prevent
and respond to violent hate crimes committed on the basis of
gender, gender identity, sexual orientation, religion, and
disability, in addition to race, color, and national origin.
This funding will maximize the CRS crisis response nationwide
and enable CRS to fulfill both its original mandate and
expanded mandate under the HCPA.
ASSETS FORFEITURE FUND
Appropriations, 2017.................................... $20,514,000
Budget estimate, 2018................................... 21,475,000
Committee recommendation................................ 20,514,000
The Committee's recommendation provides $20,514,000 for the
Assets Forfeiture Fund [AFF]. The recommendation is equal to
the fiscal year 2017 enacted level and $961,000 below the
budget request.
United States Marshals Service
Appropriations, 2017.................................... $2,713,454,000
Budget estimate, 2018................................... 2,802,971,000
Committee recommendation................................ 2,820,971,000
The Committee's recommendation provides a total of
$2,820,971,000 for the United States Marshals Service [USMS].
The recommendation is $107,517,000 above the fiscal year 2017
enacted level and is $18,000,000 above the budget request.
salaries and expenses
Appropriations, 2017.................................... $1,249,040,000
Budget estimate, 2018................................... 1,252,000,000
Committee recommendation................................ 1,270,000,000
The Committee's recommendation provides $1,270,000,000 for
USMS salaries and expenses. The recommendation is $20,960,000
above the fiscal year 2017 enacted level and $18,000,000 above
the budget request. The core missions of USMS include the
apprehension of fugitives; protection of the Federal judiciary
and witnesses; execution of warrants and court orders; and the
custody and transportation of unsentenced prisoners.
In addition to receiving direct appropriations, the
Committee is aware that USMS also receives funding from the
Department's Assets Forfeiture Fund [AFF] to augment salaries
and expenses that are intended to directly administer AFF-
related activities like the management and sale of forfeited
assets. In an effort to increase transparency to USMS's use of
AFF funding, the Department is directed to provide the
Committee with quarterly reports that include: a detailed list
of USMS's AFF expenditures; the number of Federal employees and
contractor staff, including the assigned division for each, for
any personnel expenses using AFF funds; and justifications for
each expenditure, including connections with AFF-related
operations.
Investigative Operations.--The Committee directs USMS to
provide no less than the fiscal year 2017 levels to maintain
its missions regarding gang enforcement, International Megan's
Law, and sex offender apprehension. The Committee expects USMS
to continue efforts to strengthen support for its aircraft
fleet, a key part of the agency's fugitive apprehension
mission. Per Senate Report 114-239, the Committee expects USMS
to continue the process to establish an additional Regional
Fugitive Task Force.
Judicial Protection.--With increasing threats on the
Federal judiciary, the Committee is concerned that USMS's
budget to meet its judicial security mission is stretched thin.
Should USMS need additional resources to fully fund this
effort, the Committee reminds the Department that it may submit
a reprogramming request for use of unobligated balances for
this important function.
International Operations.--Given that fugitives know no
geographical bounds when it comes to attempting to evade the
law, the Committee was disappointed not to see an enhanced
request for resources to assist with international operations.
Within 90 days of enactment of this act, the Committee requests
that USMS provide a report on its extradition program detailing
workload to include the number of extraditions and
deportations, district cooperation, and extradition requests
made by foreign counterparts. The Committee directs the
Department to pursue danger pay for deputy U.S. marshals
[DUSMs] through the authorization process and to provide
requested travel resources to ensure DUSMs can safely travel
while tracking fugitives outside of the United States,
particularly when traveling through dangerous portions of
Mexico.
CONSTRUCTION
Appropriations, 2017.................................... $10,000,000
Budget estimate, 2018................................... 14,971,000
Committee recommendation................................ 14,971,000
The Committee's recommendation provides $14,971,000 for
construction in space controlled, occupied, or utilized by the
USMS in Federal courthouses and buildings, including but not
limited to the creation, renovation, and expansion of prisoner
movement areas, elevators, and other law enforcement and court
security support space. The recommendation is $4,971,000 above
the fiscal year 2017 enacted level and equal to the budget
request.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $1,454,414,000
Budget estimate, 2018................................... 1,536,000,000
Committee recommendation................................ 1,536,000,000
The Committee's recommendation provides $1,536,000,000 for
Federal Prisoner Detention [FPD]. The recommendation is
$81,586,000 above the fiscal year 2017 enacted level, including
offsetting funds from other accounts, and is equal to the
budget request.
The Committee expects USMS to anticipate the true funding
needs for this account in order to avoid funding shortfalls and
the need for emergency reprogrammings to avert deficiencies.
The Committee directs USMS to report to the Committee on a
quarterly basis the current number of individuals in the
detention system, the projected number of individuals, and the
associated annualized costs.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $96,000,000
Budget estimate, 2018................................... 101,031,000
Committee recommendation................................ 101,031,000
The Committee's recommendation provides $101,031,000 for
the National Security Division [NSD]. The recommendation is
$5,031,000 above the fiscal year 2017 enacted level and equal
to the budget request.
The NSD coordinates the Department's national security and
counterterrorism missions through law enforcement
investigations and prosecutions, and handles counterespionage
cases. The NSD works in coordination with the FBI, the
Intelligence Community, and the U.S. Attorneys. Its primary
function is to prevent acts of terrorism and espionage from
being perpetrated in the United States by foreign powers.
Combating Cyber Threats to National Security.--The
Committee's recommendation provides not less than the fiscal
year 2017 level for cybersecurity activities within the NSD for
investigative, prosecutorial, intelligence collection, and
oversight abilities that support the Intelligence Community in
identifying and disrupting cyber threats to national security.
Foreign Agents Registration Act.--The Committee
acknowledges the Office of the Inspector General's September
2016 audit of the National Security Division's enforcement and
administration of the Foreign Agents Registration Act [FARA],
which included important recommendations for legislative
authorities to improve the FARA Office's ability to administer
and enforce the act. The Committee supports further
consideration of these recommendations, including authorizing
civil investigative demand authority for the FARA Office.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
Appropriations, 2017.................................... $517,000,000
Budget estimate, 2018................................... 526,000,000
Committee recommendation................................ 517,000,000
The Committee's recommendation provides $517,000,000 for
Interagency Crime and Drug Enforcement. The recommendation is
equal to the fiscal year 2017 enacted level and $9,000,000
below the budget request.
The Interagency Crime and Drug Enforcement account funds
the Organized Crime and Drug Enforcement Task Forces [OCDETF].
The mission of the OCDETF is to ensure a coordinated, multi-
agency, intelligence-based, and prosecutor-led approach to
identifying, disrupting, and dismantling those drug trafficking
and money laundering organizations primarily responsible for
the Nation's illicit drug supply and drug-related violence.
International Drug Enforcement.--OCDETF is urged to
continue to coordinate with the DEA and other Federal law
enforcement partners to play a role in the interception and
disruption of foreign drug shipments, including working with
international law enforcement agencies on eradication of poppy
fields, methamphetamine labs, and fentanyl production
facilities before these illicit substances make it to the
United States.
Federal Bureau of Investigation
SALARIES AND EXPENSES
Appropriations, 2017.................................... $8,767,201,000
Budget estimate, 2018................................... 8,722,582,000
Committee recommendation................................ 8,832,201,000
The Committee's recommendation provides $8,832,201,000 for
the Federal Bureau of Investigation [FBI] salaries and
expenses. The recommendation is $65,000,000 above the fiscal
year 2017 enacted level and $109,619,000 above the budget
request.
Criminal Justice Information Services [CJIS].--The
Committee recommends the full funding request for CJIS,
including fee collections. The recommendation provides up to
$121,000,000 for the FBI to continue improvements to the
National Instant Criminal Background Check System [NICS] to
increase the capacity and efficiency of the existing NICS
system to perform background checks on prospective firearms
buyers. The Committee's recommendation does not support the
full request to rescind funds from the CJIS fee collections and
instead directs the FBI to invest an appropriate amount of the
fee collections into making necessary upgrades to CJIS's
systems.
Cybersecurity.--The FBI remains the only agency with the
statutory authority, expertise, and ability to combine
counterterrorism, counterintelligence, and criminal
investigatory resources to neutralize, mitigate, and disrupt
illegal domestic computer-supported operations. The Committee
supports the requested adjustments-to-base and programmatic
increases for cybersecurity activities throughout the FBI.
Terrorist Explosive Device Analytical Center [TEDAC].--The
Committee's recommendation provides no less than the fiscal
year 2017 level for full operational funding to TEDAC and the
additional operational support associated with the TEDAC campus
in fiscal year 2018, which will continue to strengthen the role
of TEDAC as the U.S. Government's strategic-level improvised
explosive device exploitation center and provide the resources
necessary to fully staff the facility.
Hazardous Devices School [HDS].--HDS is the only U.S.
Government entity for accrediting and certifying U.S. public
safety bomb squads and bomb technicians. The Committee supports
the budget request for HDS and the Weapons of Mass Destruction
Directorate [WMDD], and provides full funding for operations at
not less than the fiscal year 2017 level and includes not less
than $10,000,000 to support the Bureau's ongoing development of
a WMDD detector canine operation and technological innovation
program.
Human Rights Violations.--The Committee directs the FBI to
continue its efforts to investigate and support the DOJ's
criminal prosecution of serious human rights crimes committed
by foreign nationals, including genocide, torture, use or
recruitment of child soldiers, and war crimes. The Committee's
recommendation continues funding this effort at the fiscal year
2017 enacted level.
Innocent Images National Initiative.--The Committee's
recommendation provides the fiscal year 2017 base level of
$87,056,000 for the Innocent Images National Initiative, which
is $5,943,000 above the requested level, allowing the FBI to
target and investigate sexual predators on the Internet. The
Committee is concerned that the proposed reductions to the base
program are insufficient to cover the current Innocent Images
caseload that combat child sexual exploitation and child
victimization.
Law Enforcement Medical Demonstration.--Within 60 days of
enactment of this act, the FBI shall submit a plan to the
Committee on formalizing existing external partnerships within
the Operational Medicine Program to aid in development of
methods, standards and research in public safety operational
medical planning for Federal, State, and local law enforcement
agencies and medical centers. The plan shall leverage existing
technologies and practices, in partnership with a civilian
academic medical center, and utilize existing infrastructures,
including a statewide medical communications system and Level I
trauma center to support contingency planning and improve the
delivery of medical care for high risk law enforcement
missions.
CONSTRUCTION
Appropriations, 2017.................................... \1\$420,178,000
Budget estimate, 2018................................... 51,895,000
Committee recommendation................................ 155,000,000
\1\The total $420,178,000 of fiscal year 2017 appropriations for this
account included $239,178,000 in direct appropriations and $181,000,000
derived by transfer from the Department of Justice's Working Capital
Fund.
The Committee's recommendation provides $155,000,000 for
FBI construction. The recommendation is $265,178,000 below the
fiscal year 2017 enacted level and $103,105,000 above the
budget request.
FBI Headquarters Consolidation.--The Committee is
disappointed with the Administration's July 11, 2017, decision
to cancel the procurement for the new FBI headquarters
consolidation project. The Administration cited financial
concerns as the underlying reason for the cancelation despite
the fact that in fiscal year 2017 Congress committed to moving
forward with additional appropriations for the new facility in
fiscal year 2018. Congress endorsed the project and was willing
to work with the FBI and the General Services Administration to
explore financial solutions to make the project a success,
whereas the Administration failed to adapt to the reality that
securing $1,405,000,000 in a single fiscal year in this
financial environment was simply unattainable. Rather than
adjust, the Administration abandoned a 10-year planning
process, and now the FBI is left with no plan for a new
procurement and no path forward on how to make its currently
deteriorating headquarters facility structurally sustainable.
Within 30 days of enactment of this act, the FBI shall
provide the Committee with a report on: the plan for
consolidating into a new headquarters facility; the necessary
FBI employees that are currently dispersed between the J. Edgar
Hoover building and approximately 13 leased offices in the
National Capital region; a justification for the project's
cancellation; the scope and cost for keeping the current FBI
headquarters operational until a move occurs; and a
justification for how the fiscal year 2017 funding appropriated
for the new headquarters will be spent.
21st Century Facilities.--The Committee continues to
support the FBI's long-term vision for improving its operations
that compliments the eventual transition into a new
headquarters and takes into consideration its changing
footprint at Quantico. The recent decision to cancel the
procurement for the new FBI headquarters consolidation project
only exacerbates the need to secure viable space for supporting
a variety of missions, workforce, and land requirements. The
Committee recommendation provides $103,000,000 to further
support the FBI's 21st Century Facility plans to better
leverage current agency investments in the co-location of
TEDAC, HDS, and Weapons of Mass Destruction Directorate
explosives-related training operations. As part of this 21st
Century Planning, the FBI should consider public-private
partnership opportunities, provided that the annual lease and
operating costs are reasonable and the facilities can be
securely constructed and maintained at a level that meets the
FBI's requirements.
Drug Enforcement Administration
SALARIES AND EXPENSES
Appropriations, 2017.................................... $2,485,638,000
Budget estimate, 2018................................... 2,583,625,000
Committee recommendation................................ 2,535,351,000
The Committee's recommendation provides total resources of
$2,535,351,000 for the Drug Enforcement Administration [DEA],
of which $419,574,000 is derived from the DEA's Diversion
Control Fee Account [DCFA]. The recommendation is $49,713,000
above the fiscal year 2017 enacted level and $48,274,000 below
the budget request. Within the funds provided, $10,000,000 is
for assistance to State and local law enforcement for proper
removal and disposal of hazardous materials at clandestine
methamphetamine labs, and to initiate container programs.
The DEA's mission is to enforce the controlled substances
laws and regulations of the United States and bring to the
criminal and civil justice system of the United States--or any
other competent jurisdiction--those organizations and principal
members of organizations involved in the growing,
manufacturing, or distribution of controlled substances
appearing in or destined for illicit traffic in the United
States; and to support non-enforcement programs aimed at
reducing the availability of illicit controlled substances on
the domestic and international markets.
DCFA Special Assistant U.S. Attorneys.--While the Committee
strongly supports efforts to fight the heroin and illegal
opioid epidemic, it does not approve of DEA using DCFA funding
for the use of Special U.S. Attorneys. Rather than creating a
new prosecutorial force within DEA, a function that is outside
of DEA's mission, the Committee believes the proper
prosecutorial channel for cases involving over-prescription and
illegal diversion is through EOUSA.
Drug Diversion at Veterans Health Administration
Facilities.--The Committee remains alarmed by the rates of
prescription drug opioid abuse and related overdoses among
veterans, as well as allegations of diversion of prescription
opioids from Veterans Health Administration [VHA] facilities
into the illicit drug market. According to a February 2017
Government Accountability Office report, the oversight of
controlled substances within VHA remains a significant problem.
That VHA facilities continue to be a source for the illicit
distribution and use of opioids is extremely concerning, and
the Committee directs the DEA to ensure that investigations of
drug diversion in VHA facilities remain a priority. As stated
in Senate Reports 114-66 and 114-239, the Committee continues
to expect the DEA to take steps to ensure that sufficient
resources are allocated for investigations of drug diversion at
VHA facilities.
Pending Applications.--The Committee is concerned with the
delay in DEA's consideration of applications filed pursuant to
21 CFR Part 1301 and directs DEA to move expeditiously to
resolve pending applications.
Cooperation with State and Local Forensic Crime Laboratory
Community.--The Committee encourages the DEA to collaborate and
share any available resources with State and local forensic
crime laboratories in their critical efforts to combat the
growing use of synthetic drugs.
Cybersecurity.--Within the funding provided, the Committee
does not support the proposed funding cuts to cybersecurity
activities at DEA and instead provides no less than the fiscal
year 2017 level of $30,750,000.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
Appropriations, 2017.................................... $1,258,600,000
Budget estimate, 2018................................... 1,273,776,000
Committee recommendation................................ 1,273,776,000
The Committee's recommendation provides $1,273,776,000 for
the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF].
The recommendation is $15,176,000 above the fiscal year 2017
enacted level and equal to the budget request. ATF has diverse
law enforcement responsibilities, and the funding increase is
provided to allow ATF to carry out these duties and to fill
existing positions that are currently vacant.
ATF reduces the criminal use of firearms and illegal
firearms trafficking, and assists other Federal, State, and
local law enforcement agencies in reducing crime and violence.
ATF investigates bombing and arson incidents and assists with
improving public safety by reducing the criminal misuse of and
trafficking in explosives, combating acts of arson and arson-
for-profit schemes, and removing safety hazards caused by
improper and unsafe storage of explosive materials.
Combating Gun Violence and Enforcing Existing Gun Laws.--
The Committee's recommendation maintains ATF's ability to
enforce existing firearms laws and perform regulatory oversight
and training, including through the National Integrated
Ballistics Information Network [NIBIN]. This funding will
enable ATF to continue to collect, report, and share ballistic
intelligence with Federal, State, local, and tribal law
enforcement partners to identify, target, and disrupt violent
criminals, including serial shooters. Funds will support work
with State and local law enforcement agencies and laboratories
to collect ballistic hit information to provide leads to
Firearms Intelligence Groups for investigations and document
successful prosecutions as a result of NIBIN.
United States-Mexico Firearms Trafficking.--The Committee
continues to support the ATF's efforts to combat weapon
trafficking on the border. The ATF shall continue to provide
the Committee with annual data on the total number of firearms
recovered by the Government of Mexico, and of those, the number
for which an ATF trace is attempted, the number successfully
traced, and the number determined to have originated in the
United States prior to being recovered in Mexico.
National Center for Explosives Training and Research
[NCETR].--The Committee supports the enhancements at NCETR,
including additional advanced explosives disposal techniques
courses for public safety bomb technicians. Given that NCETR
serves as the Bureau's Center of Excellence for arson and
explosives training, the Committee supports co-locating the
Bureau's canine training operations for explosives and
accelerant detection at NCETR in fiscal year 2018 and directs
ATF to provide details on the merger as part of the
Department's spending plan. The Committee also supports NCETR's
research expertise and encourages further investigations into
the functions and effects of explosive devices in order to
better exploit design weaknesses. Within the increased funds
provided for ATF in fiscal year 2018, up to $2,500,000 may be
made available for an advanced counter explosive device
research program focusing on hypervelocity impact and
hypervelocity flight dynamics.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $7,008,800,000
Budget estimate, 2018................................... 7,085,248,000
Committee recommendation................................ 7,080,248,000
The Committee's recommendation provides $7,080,248,000 for
Bureau of Prisons [BOP] salaries and expenses. The
recommendation is $71,448,000 above the fiscal year 2017
enacted level and $5,000,000 below the budget request. The
Committee supports the Department's request to increase funding
for BOP's cybersecurity, including improving network defenses
and mitigating insider threats.
BOP Hiring.--The Committee is concerned that the Department
has maintained the January 20, 2017, Federal Government hiring
freeze for BOP when the Department has since lifted the
moratorium for other DOJ agencies. The inmate to correctional
officer ratio is currently 8.3 to 1, a level that is unsafe for
staff and should immediately be corrected. The Committee urges
DOJ to revise this policy to ensure BOP is able to
appropriately staff its facilities across the United States,
particularly hiring of correctional officers at medium- and
high-security facilities without being hindered by an arbitrary
staffing level.
Augmentation.--While BOP reports that there is a higher
incidence of serious assaults by inmates on staff at high- and
medium-security institutions than at the lower security
facilities, to meet staffing needs, the BOP still routinely
uses a process called ``augmentation'', whereby a non-custody
employee is assigned custody responsibilities. The Committee
directs the BOP to curtail its overreliance on augmentation and
instead hire additional full-time correctional staff before
continuing to augment existing staff. BOP is further directed
to submit quarterly reports to the Committee on the inmate-to-
correctional officer ratios at each facility.
Alleviating Overcrowding at High-Security Facilities.--The
overcrowding rate at high-security prisons remains high at 25
percent. The Committee supports BOP's efforts to alleviate
overcrowding at high-security facilities through the process of
activating additional prisons. The Committee expects BOP to
adhere to the activation schedule included in BOP's budget
submission regarding these prison facilities, including the
acceptance of high-security inmates at the United States
Penitentiary [USP] in Thomson, Illinois, as BOP estimates
overcrowding at high-security facilities to be reduced to 19
percent with the full opening of USP Thomson.
Medication-Assisted Treatment Expansion.--The Committee
directs that no less than the fiscal year 2017 level be
provided for BOP to continue the medication-assisted treatment
program for inmates with heroin and opioid addiction. This
voluntary pilot program treats approximately 200 inmates in
residential reentry centers. The Department is directed to
immediately assist BOP with fully staffing this program for its
expansion into the Northeast Region.
Federal Detainers.--In an effort to ensure that criminal
aliens are not improperly released into our communities, the
Committee directs BOP to offer Immigration and Customs
Enforcement [ICE] the first opportunity to take into custody
and remove an individual with a Federal detainer instead of BOP
and ICE automatically deferring to States and municipalities
who are seeking custody of the same individual. ICE's decision
to exercise this right of first refusal with BOP will be
informed, in part, by the State or municipality's willingness
to cooperate with Federal authorities on ICE detainers.
Compassionate Release.--The Committee notes that BOP
expanded the grounds for and streamlined the process of
considering requests for compassionate release in 2013. The
Committee is also aware that the Department of Justice Office
of Inspector General [OIG] recommended additional reforms to
the compassionate release program in a 2013 review of the
program. In 2016, the U.S. Sentencing Commission [USSC] amended
the criteria for compassionate release and encouraged BOP to
file a motion for those prisoners who meet the criteria the
Commission identified.
Within 60 days of enactment of this act, the Committee
directs BOP to submit to the Committee the following: (1) any
steps taken by BOP to implement the OIG and USSC's
recommendations; (2) for those recommendations not met, BOP's
plan for meeting them or reasons why they cannot be
implemented; (3) the number of prisoners granted and denied
compassionate release during each of the last 5 years; (4) for
each year, the number of requests initiated by or on behalf of
prisoners, categorized by the criteria relied on as grounds for
a reduction in sentence; (5) for each year, the number of
requests approved by the Director of the BOP, categorized by
the criteria relied on as grounds for a reduction in sentence;
(6) for each year, the number of denials by the Director of the
BOP, categorized by the criteria relied on as grounds for a
reduction in sentence and the reason given for the denial; (7)
for each year, the time elapsed between the date the request
was received by the warden and the final decision, categorized
by the criteria relied on as grounds for a reduction in
sentence; and (8) for each year, the number of prisoners who
died while their compassionate release requests were pending
and, for each, the amount of time that had elapsed between the
date the request was received by the warden.
BOP Contract Prisons.--In August 2016, the OIG issued
``Review of the Federal Bureau of Prisons Monitoring of
Contract Prisons.'' The report found, ``that in a majority of
the categories we examined, contract prisons incurred more
safety and security incidents per capita than comparable BOP
institutions'' and ``that the BOP needs to improve the way it
monitors contract prisons.'' For example, none of BOP's
procedures for monitoring contract compliance with regard to
health services measured whether inmates actually received
basic medical care. The OIG cited numerous incidents and made
four recommendations to improve monitoring and oversight of
contract prisons.
Within 90 days of enactment of this act, BOP is directed to
provide a report to the Committee describing BOP's use of
contract facilities for fiscal years 2016 and 2017. The report
shall include the number of contract facilities utilized by
BOP, to include the companies providing these services, the
status of these contracts explaining any terminations or
renewals during the periods under review, and compliance status
of any remedial or corrective actions recommended by BOP or OIG
for each company and contract; details of inspections,
evaluations, or incident reports, including the number of
safety and security incidents at each facility, whether these
incidents resulted in injury or death, and any evaluations of
incidents conducted in response to the OIG recommendation,
issued by BOP or OIG regarding any of these facilities during
the period under review, including a current analysis of the
condition of each facility under contract and whether BOP
believes that such facilities remain suitable for use; the
percentage of both U.S. citizens and foreign nationals housed
in each facility; verification of whether each facility is
providing basic medical services such as medical exams and
immunizations; verification of actual correctional officer
staffing levels as compared to contracted levels; a detailed
accounting of the progress made in addressing the OIG's
recommendations; and any information regarding announced
changes in contract specifications for current or future
contracts for each facility, including bed capacity limits, and
the justification for and budgetary impact of such changes.
Residential Reentry Centers.--The Committee is concerned
with recent actions by the Bureau of Prisons [BOP] to cancel
and modify contracts for Residential Reentry Centers [RRCs)
without consultation with the Committee or BOP contractors. A
recent Department of Justice Inspector General report found
that between October 2013 and April 2016, 74,100 inmates were
placed in RRCs or home confinement. The Committee recognizes
that RRCs play a vital role in transitioning individuals back
to the community after incarceration by employing evidence-
based practices that reduce recidivism. The Committee expects
BOP to maintain its support for RRCs and requires BOP to alert
the Committee before adopting any significant change in policy
or practice involving RRCs or other recidivism-reduction
measures.
BUILDINGS AND FACILITIES
Appropriations, 2017.................................... $130,000,000
Budget estimate, 2018................................... 113,000,000
Committee recommendation................................ 60,000,000
The Committee's recommendation provides $60,000,000 for the
construction, modernization, maintenance, and repair of prison
and detention facilities housing Federal prisoners. The
recommendation is $70,000,000 below the fiscal year 2017
enacted level and $53,000,000 below the budget request. The
Committee notes that BOP has a high level of unexpended
balances in this account.
The Committee includes bill language in Title V--General
Provisions stipulating that no BOP resources may be used for
facilities to house detainees from the United States Naval
Station, Guantanamo Bay, Cuba.
Reporting.--The Committee believes that the consideration
of any new facility or facility expansion should be based upon
a long-term strategic plan which incorporates a robust capital
planning process including leading capital planning practices
as outlined in OMB and GAO guidance. The Committee directs the
BOP to continue providing quarterly reports to the Committee on
the progress of its efforts, including funding for new prison
construction if merited in future requests.
The Committee also directs the BOP to continue providing
the Committee with the most recent monthly status of
construction report, and to notify the Committee of any
deviations from the construction and activation schedule
identified in that report, including detailed explanations of
the causes of delays and actions proposed to address them.
FEDERAL PRISON INDUSTRIES, INCORPORATED
(LIMITATION ON ADMINISTRATIVE EXPENSES)
Appropriations, 2017.................................... $2,700,000
Budget estimate, 2018................................... 2,695,000
Committee recommendation................................ 2,700,000
The Committee's recommendation provides a limitation on the
administrative expenses of $2,700,000 for the Federal Prison
Industries, Inc. The recommendation is equal to the fiscal year
2017 enacted level and is $5,000 above the budget request.
State and Local Law Enforcement Activities
In total, the Committee recommends $2,334,300,000 for State
and local law enforcement and crime prevention grant programs,
including: $1,955,300,000 in discretionary appropriations and
in mandatory appropriations, and $379,000,000 from funds
provided under section 510 of this act. The total is
$59,500,000 below the fiscal year 2017 enacted level and
$247,000,000 above the budget estimate.
Management and Administration Expenses.--The Department
shall, in preparing its fiscal year 2018 spending plan, assess
management and administration [M&A] expenses compared to
program funding. The Committee directs the Department to ensure
that its assessment methodology is equitable and, for programs
funded through the Crime Victims Fund, that the assessment
reflects a fair representation of the share of each program
devoted to common M&A costs. The Committee also directs grant
offices to minimize administrative spending in order to
maximize the amount of funding that can be used for grants or
training and technical assistance. The Committee reiterates the
direction provided in Public Law 113-76 that the Department
shall detail, as part of its budget submission for fiscal year
2019 and future years, the actual costs for each grant office
with respect to training, technical assistance, research and
statistics, and peer review for the prior fiscal year, along
with estimates of planned expenditures by each grant office in
each of these categories for the current year and the budget
year.
Compliance with Federal Laws.--The Committee directs the
Department to ensure that all applicants for Edward Byrne
Memorial Justice Assistance Grants [Byrne JAG], Community
Oriented Policing Services [COPS] grants, and State Criminal
Alien Assistance Program [SCAAP] funds are required to attest
and certify that the potential grant recipients are in
compliance with all applicable Federal laws, and shall be
required to continue to remain compliant throughout the
duration of their grant award period.
Duplication of DOJ Grant Programs.--The Committee believes
that, as the Federal budget continues to experience fiscal
constraints, there is an ever-increasing need to ensure that
governmental resources, including those awarded through grants
and subgrants, are appropriately targeted and that unnecessary
duplication is mitigated. Recent GAO reports have found that,
as established in statute, some of the grant programs
administered by the Office of Justice Programs [OJP], Office on
Violence Against Women [OVW], and the COPS Office are similar
in scope and grant applicants can apply for and receive grant
awards from more than one program. Moreover, grant recipients
may choose to award a portion of their grant to subgrantees.
These subgrantees may also apply directly to Justice for
funding through other grant programs for the same or similar
purposes.
Yet, the Department's ability to characterize the landscape
of potential duplicative programs and overlapping award
opportunities remains unsatisfactory. Therefore, the Attorney
General shall continue to submit a report to the Committee
within 90 days of enactment of this act that includes the
parameters and direction prescribed in Senate Report 114-239,
which was codified in Public Law 115-31.
Grant Funding Set-Asides.--The Committee notes the
significant number of reductions in grant funding allowable for
various purposes, including training, technical assistance,
research, evaluation and statistics activities with set-asides
ranging anywhere from 2 percent to 10 percent of total grant
funding provided. To that end, the Committee directs the
Department to continue providing a comprehensive report
concurrently with the spending plan that details the total
amount provided for each grant program in this act, the
specific reductions taken, the purpose for those reductions and
the final use of those resources, including any transfers that
may occur among OJP, OVW, and COPS. The Committee expects that
the report will provide a complete analysis of the final
amounts externally awarded and the amounts retained internally
for other purposes.
Grant Funds for Rural, High Poverty Areas.--The Committee
is concerned about the needs of rural, high poverty areas,
especially those communities with high crime rates. The
Committee wants to ensure that the challenges encountered by
the residents of these areas are being addressed through the
equitable use of grant funding. The Committee reminds the
Department to consider the unique needs of rural, high poverty
communities when making grant awards through the numerous
programs funded under this act.
Flexible Tribal Assistance.--The Committee recommends
funding tribal grant programs by permitting 7 percent of
discretionary grant and reimbursement program funds, a total of
$110,705,000 made available to the OJP and COPS, to be used for
tribal criminal justice assistance, and continues to strongly
support efforts to help tribes improve the capacity of their
criminal justice systems. The OJP is expected to consult
closely with tribal stakeholders in determining how tribal
assistance funds will be awarded for detention facilities,
including outdated detention facilities that are unfit for
detention purposes and beyond rehabilitation, courts, alcohol
and substance abuse programs, civil and criminal legal
assistance, and other priorities. The Committee directs the OJP
to submit, as part of the Department's spending plan for fiscal
year 2018, a plan for the use of these funds that has been
informed by such consultation. The Committee notes that the
bill includes additional grant funding for tribal victim
assistance programs through OVW, and a 5 percent set aside
within the CVF.
Submission of Officer Training Information.--The Committee
directs the Department to continue following direction provided
in fiscal year 2017 regarding the submission of officer
training data as part of the Byrne-JAG and COPS hiring grant
process.
Financial Exploitation.--The Committee commends the work of
the Office for Victims of Crime [OVC] to address the issue of
financial exploitation of older Americans by guardians,
conservators, and other fiduciaries. The Committee encourages
OVC to continue working with stakeholders to develop mechanisms
to preserve, recoup, or minimize loss of the assets of
individuals subject to conservatorship. In addition, OVC shall
work to improve access to the legal system by victims of
conservatorship exploitation, and develop a list of best
practices to help train victim advocates.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
Appropriations, 2017.................................... \1\$481,500,000
Budget estimate, 2018................................... \2\480,000,000
Committee recommendation................................ \3\483,500,000
\1\Of the $481,500,000 provided in this heading, $326,000,000 is derived
by transfer from funding available under section 510 of this act.
\2\Of the $480,000,000 provided in this heading, $445,000,000 is
requested to be derived from funding available under section 510 of this
act.
\3\Of the $483,500,000 provided in this heading, $379,000,000 is derived
by transfer from funding available under section 510 of this act.
The Committee's recommendation provides $483,500,000 for
OVW grants. The recommendation is $2,000,000 above the fiscal
year 2017 enacted level, and $3,500,000 above the budget
request. Resources are provided to the OVW to respond to the
needs of all victims of domestic violence, sexual assault,
dating violence, and stalking, including, but not limited to,
Native women, immigrants, LGBT victims, college students,
youths, and public housing residents.
The table below displays the Committee's recommendations
for the programs under this office.
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
STOP Grants............................................ 215,000
Transitional Housing Assistance........................ 31,000
National Institute of Justice Research and Evaluation 3,000
on Violence Against Women.............................
Consolidated Youth Oriented Program.................... 11,000
Grants to Encourage Arrest Policies.................... 53,000
Homicide Reduction Initiative...................... [4,000]
Sexual Assault Victims Services........................ 35,000
Rural Domestic Violence Assistance Grants.............. 36,000
Violence on College Campuses........................... 20,000
Civil Legal Assistance................................. 45,000
Elder Abuse Grant Program.............................. 5,000
Family Civil Justice................................... 16,000
Education and Training for Disabled Female Victims..... 6,000
National Center on Workplace Responses................. 500
Research--Violence Against Indian Women................ 1,000
Sex Assault in Indian Country Clearinghouse............ 500
Tribal Special Domestic Violence Criminal Jurisdiction. 4,000
Rape Survivor Child Custody Act........................ 1,500
Total............................................ 483,500
------------------------------------------------------------------------
STOP Grants.--Within the discretionary budget authority
appropriated, $215,000,000 is for formula grants to the States.
This is equal to the budget request and equal to the fiscal
year 2017 enacted level. The recommendation supports increasing
access to comprehensive legal services for victims, providing
short-term housing assistance and support services for domestic
violence victims, and education and training to end violence
against and abuse of women with disabilities.
Sexual Assault Services Act [SASA].--The Committee's
recommendation provides $35,000,000, which is equal to the
budget request and the fiscal year 2017 enacted level, to
directly fund the needs of sexual assault victims.
As part of VAWA 2005 and reauthorized by VAWA 2013, the
Sexual Assault Services Program addresses considerable gaps in
services to sexual assault victims. The Committee supports a
dedicated stream of funding to provide a broad range of
services to male, female, and child sexual assault victims and
their families through the well-established and well-regarded
system of community-based rape crisis centers throughout the
United States, and maintains its strong commitment to ensuring
that these rape crisis centers have access to technical
assistance, training, and support.
Campus Sexual Assault.--The Committee supports the
Department's continued development and testing of a pilot
campus climate survey. The pilot's results suggest the majority
of campus sexual assaults are not reported to authorities, do
not come to the attention of university officials and,
therefore, are not represented in official Federal statistics.
The Committee encourages the Department to examine expanding
this survey, possibly through the assistance of the research
set-aside provided in section 212 of this bill, and developing
a cost-effective, standardized, and methodologically rigorous
nationwide research program on campus sexual assault.
Office of Justice Programs
The Office of Justice Programs [OJP] is responsible for
providing leadership, coordination, and assistance to its
Federal, State, local, and tribal partners to enhance the
effectiveness and efficiency of the U.S. justice system in
preventing, controlling, and responding to crime. As most of
the responsibility for crime control and prevention falls to
law enforcement officers in States, cities, and other
localities, the Federal Government is effective in these areas
only to the extent that it can enter into successful
partnerships with these jurisdictions. Therefore, OJP is tasked
with administering grants; collecting statistical data and
conducting analyses; identifying emerging criminal justice
issues; developing and testing promising and innovative
approaches to address these issues; evaluating program results;
and disseminating these findings and other information to
State, local, and tribal governments. The Committee directs the
OJP to submit a quarterly report on grant programs that have
not received a sufficient number of qualified applicants.
Gang Prevention Grants and Crime Rates.--The Committee
remains concerned about gang activity and violent crime
throughout the country, noting that Federal partnership with
law enforcement is essential not only in our largest cities,
but also in suburban and rural jurisdictions, where gang
activity and violent crime rates can exceed national averages.
To strengthen Federal partnerships across all jurisdictions,
the Committee directs OJP to review the criteria by which OJP
awards discretionary grants relating to gang violence and
prevention under the State and Local Law Enforcement Assistance
and Juvenile Justice Programs on a per capita basis of
applicant cities and jurisdictions where gang activity and
violent crime rates exceed national averages.
The Committee recognizes the threat posed by foreign-
influenced gangs in small, rural communities and the need for
greater coordination among Federal, State, and local law
enforcement agencies to address this problem. Such gang
activity has the potential to overwhelm local law enforcement
resources in rural areas, particularly in communities with
populations under 25,000. The Committee urges OJP to find ways
to assist these communities within existing State and local
assistance programs for reducing criminal gang activity in
small, rural communities.
Combating Online Crime, Hate, and Terror Groups.--The
Committee encourages OJP to provide funding within existing
grant opportunities targeted at expanding the ability of
academic forensic technology programs to assist in identifying
and profiling online crime, hate, and terror groups.
RESEARCH, EVALUATION AND STATISTICS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $89,000,000
Budget estimate, 2018................................... 111,000,000
Committee recommendation................................ 85,000,000
The Committee's recommendation provides $85,000,000 for the
Research, Evaluation and Statistics account. The recommendation
is $4,000,000 below the fiscal year 2017 enacted level and
$26,000,000 below the budget request.
Funding in this account provides assistance in the areas of
research, evaluation, statistics, hate crimes, DNA and
forensics, criminal background checks, and gun safety
technology, among others.
The Committee's recommendations are displayed in the
following table:
RESEARCH, EVALUATION AND STATISTICS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
Bureau of Justice Statistics......................... 45,500
NCS-X Implementation Program..................... [5,000]
National Institute of Justice........................ 39,500
Domestic Radicalization Research................. [4,000]
------------------
TOTAL, Research, Evaluation and Statistics..... 85,000
------------------------------------------------------------------------
Spending Plans.--The Department shall submit to the
Committee as part of its spending plan for State and Local Law
Enforcement Activities a plan for the use of all funding
administered by the National Institute of Justice and the
Bureau of Justice Statistics, respectively, for approval by the
Committee prior to the obligation of any such funds.
Bureau of Justice Statistics [BJS].--The Committee's
recommendation provides $45,500,000 for the BJS. Within the
funds provided, $5,000,000 is provided for the National Crime
Statistics Exchange [NCS-X]. NCS-X will improve the collection
and reporting into the National Incident-Based Reporting System
[NIBRS], which provides more detailed criminal data such as
officer-related shooting incidents.
National Institute of Justice [NIJ].--The Committee's
recommendation provides $39,500,000 for the NIJ, in addition to
$4,000,000 transferred from the OVW for research and evaluation
on violence against women and Indian women. Within the funds
provided for NIJ, $4,000,000 is provided for domestic
radicalization research. The NIJ's mission is to advance
scientific research, development, and evaluation to advance the
administration of justice and public safety.
Justice Reform.--From within funds available for the NIJ,
the Committee directs NIJ to provide a program, ideally
partnering with an institution of higher learning, to educate
and train the next generation of justice leaders. The program
shall engage postsecondary students as well as criminal justice
professionals and academics wishing to broaden their
understanding of justice systems and restorative approaches
either through a degree program, a summer institute, short
courses, or other means.
Forensic Initiative.--Due to the sunset of DOJ's National
Commission on Forensic Science on April 23, 2017, direct
funding for Scientific Working Groups is provided in Title I
under the National Institute of Standards and Technology.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $1,258,500,000
Budget estimate, 2018................................... \1\940,500,000
Committee recommendation................................ 1,171,000,000
\1\The request includes $73,000,000 to be derived by transfer from funds
provided under section 510 of this act.
The Committee's recommendation provides $1,171,000,000 for
State and local law enforcement assistance. The recommendation
is $87,500,000 below the fiscal year 2017 enacted level, and
$230,500,000 above the budget request.
The Committee's recommendations are displayed in the
following table:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants............. 404,500
Officer Robert Wilson III VALOR Initiative....... [7,500]
Smart Policing................................... [5,000]
Smart Prosecution................................ [2,500]
NamUS............................................ [2,400]
National Training Center to improve Police-Based [2,500]
Responses to People with Mental Illness.........
Violent Gang and Gun Crime Reduction............. [6,500]
John R. Justice Grant Program.................... [2,000]
State Criminal Alien Assistance Program.............. 100,000
Victims of Trafficking Grants........................ 45,000
Capital Litigation and Wrongful Conviction Review.... 2,500
Economic, High-tech, White Collar and Cybercrime 14,000
Prevention..........................................
Intellectual Property Enforcement Program........ [2,500]
Cybercrime Prosecutor Pilot Program.............. [1,000]
Digital Investigation Education Program.......... [1,000]
Adam Walsh Act Implementation........................ 20,000
Bulletproof Vests Partnerships....................... 22,500
Transfer to NIST/OLES............................ [1,500]
National Sex Offender Public Website................. 1,000
National Instant Criminal Background Check System 73,000
(NICS) Initiative...................................
NICS Act Record Improvement Program.............. [25,000]
Paul Coverdell Forensic Science...................... 13,500
DNA Initiative....................................... 125,000
Debbie Smith DNA Backlog Grants.................. [117,000]
Kirk Bloodsworth Post-Conviction DNA Testing [4,000]
Grants..........................................
Sexual Assault Forensic Exam Program Grants...... [4,000]
Community Teams to Reduce the Sexual Assault Kit 45,000
(SAK) Backlog.......................................
CASA-Special Advocates............................... 9,000
Second Chance Act/Offender Reentry................... 70,000
Smart Probation.................................. [6,000]
Children of Incarcerated Parents Demo Grants..... [5,000]
Pay for Success.................................. [7,500]
Project HOPE Opportunity Probation with [4,000]
Enforcement.....................................
Comprehensive School Safety Initiative............... 50,000
Community Trust Initiative........................... 65,000
Body Worn Camera Partnership Program............. [22,500]
Justice Reinvestment Initiative.................. [25,000]
Byrne Criminal Justice Innovation Program........ [17,500]
Opioid Initiative.................................... 111,000
Drug Courts...................................... [43,000]
Veterans Treatment Courts........................ [7,000]
Residential Substance Abuse Treatment............ [14,000]
Prescription Drug Monitoring..................... [14,000]
Mentally Ill Offender Act........................ [12,000]
Comprehensive Opioid Abuse Program (COAP)........ [21,000]
------------------
TOTAL, State and Local Law Enforcement 1,171,000
Assistance....................................
------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grant Program.--
The Committee recommends $404,500,000 for Byrne-JAG. Funding is
not available for luxury items, real estate, or construction
projects. The Department should expect State, local, and tribal
governments to target funding to programs and activities that
conform with evidence-based strategic plans developed through
broad stakeholder involvement. The Committee directs the
Department to make technical assistance available to State,
local, and tribal governments for the development or update of
such plans. Funding is authorized for law enforcement programs
including those that promote data interoperability between
disparate law enforcement entities; 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.
In order to meet challenges faced by prosecutors, the
Committee provides $2,500,000 within the Byrne-JAG program for
the Smart Prosecution program, which supports partnerships
between prosecutors and researchers focused on developing and
implementing innovative prosecution-based criminal justice
programs and strategies that are effective, efficient, and
economical. The Committee encourages OJP to remind awardees
that many prosecutorial technology and case management
modernization needs may be addressed through the Byrne-JAG
program.
Training for Forensic Services.--The Committee is
interested in solution-based approaches to train local law
enforcement officers and utilize available technology to reduce
court backlogs and prosecutions. To the extent appropriate, OJP
should explore ways to provide resources for multi-
jurisdictional forensic service providers, in collaboration
with universities and nonprofits, to provide access to forensic
expertise, assistance, and continuing education to law
enforcement agencies. The Committee encourages OJP to remind
awardees that these objectives could also be met through the
Byrne-JAG program.
VALOR Initiative.--The Committee's recommendation provides
$7,500,000 within Byrne-JAG for the Officer Robert Wilson III
Preventing Violence Against Law Enforcement Officer Resilience
and Survivability Initiative [VALOR]. The Committee expects
Federal law enforcement agencies to continue and expand on
efforts to provide local police with information as to whether
or not a suspect has a violent history, to the extent that
transfer of such information is allowable and available via
Federal law enforcement databases, in an effort to prevent
officer deaths. The Committee notes that an additional
$7,500,000 is provided under the COPS heading for Protecting
Our Lives by Initiating COPS Expansion [POLICE] Act (Public Law
114-199) programs which help to provide active shooter training
programs for State and local law enforcement officers.
National Instant Criminal Background Check System [NICS]
Initiative Grants.--The Committee funds the program at
$73,000,000, which is $5,000,000 above the budget request, to
continue to improve the submission of State criminal and mental
health records to NICS. This investment will strengthen the
national background check system by assisting States in finding
ways to make more records available in the NICS system,
especially mental health records, thereby addressing gaps in
Federal and State records currently available in NICS. Those
gaps significantly hinder the ability of NICS to quickly
confirm whether a prospective purchaser is prohibited from
acquiring a firearm. The Committee expects OJP to track whether
grant recipients are submitting data in a timely manner into
the NICS system.
Grants to Combat Human Trafficking.--Trafficking victims
are subjected to physical, mental, and sexual abuse and need
various types of assistance to begin healing and recovery,
including counseling, housing, medical care, support groups,
and legal assistance. The Committee's recommendation provides
$45,000,000 for services and task force activities for U.S.
citizens, permanent residents, and foreign nationals who are
victims of trafficking. The OJP shall consult with stakeholder
groups in determining the overall allocation of Victims of
Trafficking funding and shall provide to the Committee a plan
for the use of these funds as part of the Department's fiscal
year 2018 spending plan.
The Committee notes that funding provided in this program
may be used for victims of sex and labor trafficking who are
minors, as authorized under VAWA 2013. Child trafficking
victims require specialized care, and these resources can be
used for items like residential care, emergency social
services, mental health counseling, and legal services.
Funding to assist State and local law enforcement in
strengthening and expanding the investigation and prosecution
of human trafficking and training law enforcement personnel on
the identification of trafficking victims was authorized under
VAWA 2013. The Committee recommends that funds be made
available for human trafficking task forces, particularly those
that combat the sex trafficking of minors in High Intensity
Child Prostitution areas identified by the FBI. Trafficking
task forces can also use funding for innovative technological
instruments to assist in the rescue of trafficking victims.
Bulletproof Vests.--Within the $22,500,000 provided for
bulletproof vests, $1,500,000 is to be transferred directly to
the NIST Office of Law Enforcement Standards [OLES] to continue
supporting ballistic- and stab-resistant material compliance
testing programs. The Committee expects the BJA to continue
strengthening internal controls to manage the Bulletproof Vest
Partnership program. Improving grantee accountability in the
timely use of Federal funds to purchase body armor will help
every police officer who needs a vest to get one, thus saving
officers' lives.
Second Chance Act Grants and Drug Treatment.--The
recommendation provides $70,000,000 for Second Chance Act [SCA]
grants. The Committee expects that SCA funding will support
grants that 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 SCA supports activities such as
employment assistance, substance abuse treatment, housing,
local transportation, mentoring, family programming, and victim
support. SCA grants will also support demonstration projects
designed to test the impact of new strategies and frameworks.
The Committee continues to support the Office of Management
and Budget's scoring mechanism for SCA grant funding as it
relates to opioid abuse and the heroin epidemic. In addition,
when awarding SCA grants the Committee directs the OJP to
consider the impact of reentry of prisoners on communities in
which a disproportionate number of individuals reside upon
release from incarceration. The OJP shall assess the reentry
burdens borne by local communities and local law enforcement
agencies; review the resources available in such communities to
support successful reentry and the extent to which those
resources are used effectively; and make recommendations to
strengthen the resources in such communities which are
available to support successful reentry and to lessen the
burden placed on such communities by the need to support
reentry.
DNA Backlog and Crime Lab Improvements.--The Committee is
once again extremely disappointed that the Department's budget
request slashes funding by $20,000,000 for critical grant
programs to help State and local agencies address their
backlogs and test forensic evidence. The Committee continues
its strong support for DNA backlog and crime lab improvements
by recommending $125,000,000 to strengthen and improve Federal
and State DNA collection and analysis systems that can be used
to accelerate the prosecution of the guilty while
simultaneously protecting the innocent from wrongful
prosecution. Within funds provided, $117,000,000 is for Debbie
Smith DNA Backlog Reduction grants, $4,000,000 is for Kirk
Bloodsworth Post-Conviction DNA Testing grants, and $4,000,000
is for Sexual Assault Nurse Examiners grants.
From within the funding provided for Debbie Smith DNA
Backlog Reduction grants, the Committee expects the Department
to prioritize reducing rape kit backlogs, given that it is the
primary reason why the Committee continues to provide robust
funding for these grants. As clarified in the Justice For All
Reauthorization Act of 2016 (Public Law 114-324), the Committee
directs the Department to provide not less than 75 percent of
the total grant amounts for direct testing activities to reduce
the backlog. The Committee further directs DOJ to provide at
least 5 percent of funds to law enforcement agencies to conduct
audits of their backlogged rape kits and to prioritize testing
in those cases in which the statute of limitations will soon
expire, as authorized by the Sexual Assault Forensic Evidence
Reporting Act of 2013 (Public Law 113-4).
The Committee expects that the OJP will make funding for
DNA analysis and capacity enhancement a priority in order to
meet the purposes of the Debbie Smith DNA Backlog Grant
Program. The Committee directs the Department to submit to the
Committee as part of its spending plan for State and Local Law
Enforcement Activities a plan with respect to funds
appropriated for DNA-related and forensic programs, including
the alignment of appropriated funds with the authorized
purposes of the Debbie Smith DNA Backlog Grant Program.
Reducing the Rape Kit Backlog.--The Committee's
recommendation includes $45,000,000 to continue a competitive
grant program started in fiscal year 2015 as part of the
initiative to reduce the backlog of rape kits at law
enforcement agencies. The NIJ shall provide competitively
awarded grants with a comprehensive community-based approach to
addressing the resolution of cases in the backlog. The
Committee directs the NIJ to provide a report not later than 90
days after enactment of this act on its progress in developing
a strategy and model to serve as best practices for discovering
and testing kits, training law enforcement, and supporting
victims throughout the process as required by Public Law 113-
235.
Comprehensive School Safety.--The Committee's
recommendation includes $50,000,000 to continue a competitive
grant program as part of the Comprehensive School Safety
Initiative [CSSI] started in fiscal year 2014. The NIJ shall
provide competitively awarded grants with strong research and
evaluation components to local school districts and State
educational agencies to support the implementation of school
safety interventions under the existing construct. The
Committee urges NIJ that schools participating in grants funded
through CSSI shall employ an evidence-based school threat
assessment and intervention program. The Committee directs the
NIJ to provide a report not later than 90 days after enactment
of this act, on the continued development of a strategy and
model for comprehensive school safety.
Economic, High-Tech, White Collar, and Cybercrime
Prevention.--The Committee recommends $14,000,000 to assist
State and local law enforcement agencies in the prevention,
investigation, and prosecution of economic, high-tech, and
Internet crimes. Given the importance of protecting our
Nation's new technologies, ideas, and products, the Committee
includes the request of $2,500,000 for competitive grants that
help State and local law enforcement tackle intellectual
property [IP] thefts, such as counterfeiting and piracy.
With the growing prevalence of cybercrimes and the
ubiquitous nature of the existence of digital evidence in
nearly every crime committed, the Committee is concerned that
insufficient training and support of law enforcement,
prosecutors, and judges could hinder the investigation and
prosecution of cyber and traditional crimes. Within the funds
provided, $1,000,000 is for the continuation of a Cybercrime
and Digital Evidence Resource Prosecutor Pilot Program to
provide State and local prosecutors with training and trial
experience in cybercrimes and digital evidence.
Additionally, the Committee recognizes the need to expand
opportunities for computer and digital forensics education at
both the undergraduate and graduate levels in order to prepare
for these challenges. Within the funds provided, $1,000,000
shall be dedicated to establish a partnership with an
institution for higher learning for the purposes of furthering
educational opportunities for students training in computer
forensics and digital investigation.
Community Trust Initiative.--The Committee's recommendation
provides $65,000,000 for the Community Trust Initiative
programs aimed at building cooperation and trust between law
enforcement agencies and the communities they serve. Funding is
provided for three programs within this Initiative at levels of
(1) $22,500,000 for the Body-Worn Camera Partnership Program,
to be used for matching grants to equip law enforcement
officers with body-worn cameras, and jurisdictions must
illustrate that training has been provided in the proper use of
body-worn cameras and have privacy and data retention policies
already in place; (2) $25,000,000 for the Justice Reinvestment
Initiative, a data driven approach to improving public safety;
and (3) $17,500,000 for the Byrne Criminal Justice Innovation
Program, which provides demonstration grants in communities to
support innovative, evidence-based approaches to fighting crime
and improving public safety, as well as addressing underlying
problems.
Comprehensive Addiction and Recovery Act [CARA] Programs.--
The Committee provides a total of $111,000,000 for CARA
programs, including $43,000,000 for drug courts; $7,000,000 for
veterans treatment courts; $14,000,000 for Residential
Substance Abuse Treatment; $14,000,000 for prescription drug
monitoring; $12,000,000 for the Mentally Ill Offender Act; and
$21,000,000 for the Comprehensive Opioid Abuse Program [COAP]
comprised of other programs authorized by CARA.
While OJP is in the process of finalizing awards made under
COAP for fiscal year 2017, OJP believes the demand for grants
in this area far exceeds the availability of funding, resulting
in only 14 to 19 percent of COAP applicants receiving funding.
In order to meet this demand, the Committee provides an
increase of $8,000,000 above the fiscal year 2017 level. Of the
$21,000,000 for COAP no less than $2,500,000 shall be made
available for additional replication sites employing the Law
Enforcement Assisted Diversion [LEAD] model, with applicants
demonstrating a plan for sustainability of LEAD-model diversion
programs.
JUVENILE JUSTICE PROGRAMS
Appropriations, 2017.................................... $247,000,000
Budget estimate, 2018................................... \1\229,500,000
Committee recommendation................................ 260,000,000
\1\The request includes $92,000,000 to be derived by transfer from funds
provided under section 510 of this act.
The Committee's recommendation provides $260,000,000 for
juvenile justice programs. The recommendation is $13,000,000
above the fiscal year 2017 enacted level and $30,500,000 above
the budget request.
The Committee strongly supports a comprehensive approach of
substantial funding for a robust portfolio of programs that
work to improve the lives of the youth in our communities.
Title II State Formula and title V juvenile delinquency
prevention grants are the backbone of programs assisting State
and local agencies to prevent juvenile delinquency and ensure
that youth who are in contact with the juvenile justice system
are treated fairly. Combined with other critical programs like
youth mentoring, the Committee believes that a balanced level
of programming is the way to best help at-risk and vulnerable
youth and their families.
The Committee's recommendations are displayed in the
following table:
JUVENILE JUSTICE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
Part B-State Formula Grants............................ 60,000
Emergency Planning-Juvenile Detention Facilities... [500]
Youth Mentoring Grants................................. 80,000
Title V-Delinquency Prevention Incentive Grants........ 19,000
Gang and Youth Violence Education and Prevention... [4,000]
Children of Incarcerated Parents Web Portal........ [500]
Girls in the Justice System........................ [2,000]
Community-Based Violence Prevention Initiatives.... [8,000]
Victims of Child Abuse Programs........................ 21,000
Missing and Exploited Children Programs................ 76,000
Training for Judicial Personnel........................ 2,000
Improving Juvenile Indigent Defense.................... 2,000
----------------
TOTAL, Juvenile Justice.......................... 260,000
------------------------------------------------------------------------
Any deviation from the above plan is subject to the
reprogramming requirements of section 505 of this act.
Part B: State Formula Grants.--The Committee provides
$60,000,000 for grants to implement comprehensive State
juvenile justice plans, including community-based prevention
and intervention programs and activities for juvenile
offenders. This amount is $5,000,000 above the fiscal year 2017
enacted level and $2,000,000 above the budget request.
Within the amount provided, the Committee recommends
$500,000 for competitive demonstration grants for State, local,
and tribal juvenile justice detention facilities and systems to
meet the needs of children and adolescents housed in detention
facilities in preparation for, during, and after a disaster, as
detailed in the 2011 emergency planning guidance issued by the
Office of Juvenile Justice and Delinquency Prevention [OJJDP].
The Committee directs the OJP to submit as part of its
spending plan for State and Local Law Enforcement Activities a
plan for the administration of Part B State Formula Grants. The
Committee expects this plan to include details pertaining to
the formulas utilized in awarding grants under this heading.
The Committee urges DOJ to encourage title II grant
recipients to coordinate with their State education agencies to
support continuity of education opportunities for adjudicated
youth.
The Committee notes that nearly two-thirds of children in
the U.S. have been exposed to violence, which can impact
development, health, and educational outcomes and perpetuate
the cycle of violence. The Committee supports efforts to
provide services and training, increase awareness, and conduct
research on State collaboration to identify and support
children exposed to violence and encourages the Department to
continue to give grant consideration to organizations
performing such activities.
Youth Mentoring Grants.--To support the critical work of
national, regional, and local organizations in nurturing and
mentoring at-risk children and youth, the Committee recommends
$80,000,000 for competitive, peer-reviewed youth mentoring
grants. Within 45 days of enactment of this act, the OJP is
directed to provide a report and spend plan to the Committee
detailing the criteria and methodology that will be used to
award these grants, as well as an explanation of any deviations
from the criteria and Committee directions used in fiscal year
2017. The Committee expects that the OJJDP will take all steps
necessary to ensure fairness and objectivity in the award of
these and future competitive grants.
The Committee expects OJP to explore how OJJDP may expand
eligibility for local mentoring programs, particularly in rural
areas, that are unaffiliated with national mentoring
organizations. The Committee also expects OJP and OJJDP to
collaborate with mentoring stakeholders to expand youth
mentoring services in rural areas inordinately effected by
substance abuse, particularly heroin and opioids, and that are
considered at-risk.
Preventing Trafficking of Girls and Involvement in the
Juvenile Justice System.--Girls in the United States with a
history of sexual and physical abuse, school failure, substance
dependency, and involvement in the welfare system, and who live
in impoverished communities or are homeless, are at an
increased risk of becoming victims of domestic human
trafficking. The Committee provides $2,000,000 for the ``Girls
in the Justice System'' grant program, which will enable
organizations, including nonprofit entities, with a successful
track record of administering prevention and early intervention
programs for girls vulnerable to trafficking and who are most
likely to end up in the juvenile justice system, at a local or
state-level, to replicate these programs at a national level.
Funding for this program will further support prevention and
early intervention strategies and curricula throughout the
country, and place vulnerable girls on a path toward success,
stability, and long-term contribution to society.
Victims of Child Abuse Act.--The Committee's recommendation
provides $21,000,000 for the various programs authorized under
the Victims of Child Abuse Act (Public Law 101-647) and directs
the OJJDP to ensure that not less than 90 percent of the grants
awarded are for the purposes of developing and maintaining
child advocacy centers, including training and accreditation.
Within the funds provided, $5,000,000 shall be for Regional
Children's Advocacy Centers [RCACs] Programs. The RCACs were
established to provide information, consultation, training, and
technical assistance to communities, and to help establish
child-focused programs that facilitate and support coordination
among agencies responding to child abuse.
The Committee recognizes the excellent work of Children's
Advocacy Centers [CAC] in coordinating State and local
agencies' intervention in cases of child abuse, and the
valuable collaboration that has arisen between CACs and
military installations through memoranda of understanding. The
Committee encourages CACs to continue to explore ways in which
their unique model and expertise can be leveraged to help
military installations address cases of child abuse, and
provides $1,000,000 from within the funds provided to continue
to support a pilot project to identify, develop, and
operationalize best practices.
Missing and Exploited Children Programs.--The Committee
recommends $76,000,000 for Missing and Exploited Children
Programs and expects the Department to allocate no less than
the current funding level for task force grants, training and
technical assistance, research and statistics, and
administrative costs for the Internet Crimes Against Children
[ICAC] program. The Committee directs the OJP to provide a
spending plan for the use of these funds as part of the
Department's spending plan for fiscal year 2018, which shall
include only investments in authorized national programs that
serve as a resource center and clearinghouse on missing and
exploited children.
The DOJ's National Strategy for Child Exploitation
Prevention and Interdiction, published in April 2016,
identified key investigative objectives for continuing the
fight against child exploitation. Within funds provided, the
Committee directs up to $3,000,000 for a competitive grant
program to increase the technological investigative capacity
and associated training of law enforcement to support the
development, refinement, and advancement of widely used
investigative tools, methods and technologies that address
child pornography, exploitation and sex trafficking. The
Committee directs the OJJDP to continue providing training and
technical assistance to improve forensic interview training for
investigation and prosecution professionals, evidence-based
community prevention programs for child protection
professionals, and undergraduate and graduate curricula on the
maltreatment and exploitation of children.
PUBLIC SAFETY OFFICERS BENEFITS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2017.................................... $89,300,000
Budget estimate, 2018................................... 108,300,000
Committee recommendation................................ 108,300,000
The Committee's recommendation provides $108,300,000 for
public safety officers benefits. The recommendation is
$19,000,000 above the fiscal year 2017 enacted level and equal
to the budget estimate. This program provides a one-time death
benefit payment to eligible survivors of Federal, State, and
local public safety officers whose death was the direct and
proximate result of a traumatic injury sustained in the line of
duty or certain eligible heart attacks or strokes. Within funds
provided, $92,000,000 is for death benefits for survivors, an
amount estimated by the Congressional Budget Office and
considered mandatory for scorekeeping purposes.
The Committee also recommends $16,300,000, as requested,
for disability benefits for injured officers and education
benefits for the families of officers who have been permanently
disabled or killed in the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
Appropriations, 2017.................................... $221,500,000
Budget estimate, 2018................................... 218,000,000
Committee recommendation................................ 226,500,000
The Committee's recommendation provides $226,500,000 for
community oriented policing services. The recommendation is
$5,000,000 above the fiscal year 2017 enacted level and
$8,500,000 above the budget request.
Local law enforcement is not only essential to ensuring the
safety of the public, but also plays a critical role in
preventing and responding to terrorist threats. Since its
creation, the Community Oriented Policing Services [COPS]
Office has assisted State and local law enforcement agencies by
providing grants, training, and technical assistance that not
only ensure public safety from traditional crime, but also
better enable law enforcement officers to address the growing
threat from terrorist organizations.
The Committee's recommendations are displayed in the
following table:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
COPS Hiring Grants..................................... 207,500
Community Policing Development/Training and Technical [5,000]
Assistance............................................
Collaborative Reform Model............................. [10,000]
Regional Information Sharing Activities................ [36,000]
POLICE Act............................................. [7,500]
Anti-Methamphetamine Task Forces....................... 7,000
Anti-Heroin Task Forces................................ 12,000
----------------
TOTAL, Community Oriented Policing Services...... 226,500
------------------------------------------------------------------------
Any deviations from the above plan are subject to the
reprogramming requirements of section 505.
COPS Hiring Program.--The Committee recommends $207,500,000
for COPS Hiring grants to help State, local, or tribal law
enforcement agencies to create and preserve police officer
positions and to increase community policing capacity and crime
prevention efforts. As in the request, the grants will have an
award cap of $125,000 and require grantees to provide a 25
percent local match. The Committee encourages the COPS Office
to focus on efforts to train and increase the capacity of law
enforcement agencies, executives and managers serving rural
communities to enhance the use of community policing practices
and innovations in policing to expand the effectiveness of
limited resources.
Regional Information Sharing Activities.--The Committee
recommends $36,000,000, an increase of $6,000,000 above the
budget request and $1,000,000 above the fiscal year 2017
enacted level, to support activities that enable the sharing of
nationwide criminal intelligence and other resources with
State, local, and other law enforcement agencies and
organizations. Such activities should address critical and
chronic criminal threats, including gangs, terrorism,
narcotics, weapons and officer safety or ``event
deconfliction,'' and should reflect regional as well as
national threat priorities. In addition, funds shall be
available to support local-to-local law enforcement data and
information sharing efforts focused on solving routine crimes
by sharing law enforcement information not categorized as
criminal intelligence. All activities shall be consistent with
national information-sharing standards and requirements as
determined by the Bureau of Justice Assistance.
Anti-Methamphetamine Task Forces.--The Committee's
recommendation provides $7,000,000 for the COPS Office to make
competitive grants to law enforcement agencies in States with
high seizures of precursor chemicals, finished methamphetamine,
laboratories, and laboratory dump seizures. These funds shall
be utilized for investigative purposes to locate or investigate
illicit activities such as precursor diversion, laboratories,
or methamphetamine traffickers.
Anti-Heroin Task Forces.--The Committee reiterates concerns
over the dramatic rise of heroin abuse, deaths, and related
crime in the United States. The need for additional resources
and training to address these challenges is apparent, and the
Committee created the anti-heroin program within the COPS
Office in fiscal year 2015, continually providing funding in
succeeding fiscal years. Despite the plea for additional
resources from law enforcement as well as the interest of the
Committee, the Department eliminated this program as part of
the fiscal year 2018 budget request. The Committee provides
$12,000,000 for the COPS Office to make competitive grants to
law enforcement agencies in States with high per capita levels
of primary treatment admissions for both heroin and other
opioids. These funds shall be utilized for drug enforcement,
including investigations and activities related to the
distribution of heroin or unlawful diversion and distribution
of prescription opioids. Priority shall be given to those drug
task forces, managed and operated by the State, serving a
majority of counties in the State.
Policing Practices and Accountability Initiative.--The
Committee supports the COPS Office's efforts to integrate the
Task Force on 21st Century Policing recommendations and urges
the Policing Practices and Accountability Initiative to
continue its work across Department of Justice programs and
agencies to provide support and best practices for law
enforcement agencies working to address issues of public trust.
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the following general provisions:
Section 201 limits the amount of funding the Attorney
General can use for official reception and representation.
Section 202 prohibits the use of funds in this title to pay
for an abortion except where the life of the mother would be in
danger, or in the case of rape or incest.
Section 203 prohibits the use of funds in this title to
require a person to perform or facilitate an abortion.
Section 204 requires female prisoners to be escorted when
off prison grounds.
Section 205 allows the Department of Justice, subject to
the Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation.
Section 206 limits the placement of maximum or high
security prisoners to appropriately secure facilities.
Section 207 restricts Federal prisoner access to certain
amenities.
Section 208 requires review by the Deputy Attorney General
and the Department's Investigative Review Board prior to the
obligation or expenditure of funds for major technology
projects.
Section 209 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 210 prohibits the use of funds for OMB Circular A-
76 competitions for work performed by employees of the Bureau
of Prisons or of the Federal Prison Industries, Incorporated.
Section 211 prohibits U.S. Attorneys from simultaneously
holding multiple jobs outside of the scope of a U.S. Attorney's
professional duties.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
assistance, and permits up to 2 percent of grant and
reimbursement program funds made available to that office to be
transferred to the National Institute of Justice or the Bureau
of Justice Statistics for criminal justice research and
statistics.
Section 213 permits up to 7 percent of discretionary grant
and reimbursement program funds made available to OJP and COPS
to be used for tribal criminal justice assistance. The
Committee continues to strongly support efforts to help tribes
improve the capacity of their criminal justice systems.
Section 214 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, tribal and
local reentry courts; and drug treatment programs. If a waiver
is granted, the Attorney General shall document any factors and
material presented by a grantee upon determining that a fiscal
hardship exists prior to making an award.
Section 215 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 216 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 217 permits the Department of Justice to
participate in Performance Partnership Pilot collaboration
programs.
TITLE III
SCIENCE
Office of Science and Technology Policy
Appropriations, 2017.................................... $5,555,000
Budget estimate, 2018................................... 5,544,000
Committee recommendation................................ 5,544,000
The Committee's recommendation provides $5,544,000 for the
Office of Science and Technology Policy. The recommendation is
$11,000 less than the fiscal year 2017 enacted level and the
same as the budget request.
The Office of Science and Technology Policy [OSTP] was
created by the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (Public Law 94-282)
and coordinates science and technology policy for the White
House. OSTP provides scientific and technological information,
analyses, and advice for the President and the executive
branch; participates in the formulation, coordination, and
implementation of national and international policies and
programs that involve science and technology; maintains and
promotes the health and vitality of U.S. science and technology
infrastructure; reviews and analyzes, with the Office of
Management and Budget, the research and development budgets for
all Federal agencies; and coordinates research and development
efforts of the Federal Government to maximize the return on the
public's investment in science and technology and to ensure
Federal resources are used efficiently and appropriately.
Scientific Review.--The Committee maintains a firm belief
that a long-standing investments in basic research have
resulted in transformational discoveries and dramatic
improvements in the economy, healthcare, infrastructure,
communications, national security, and many other sectors. Much
of this success can be attributed to the process of peer review
for the allocation of research funding and publication, and on
community prioritization, such as through utilizing decadal
surveys, which provide clear priorities for Federal investment
and valuable oversight benchmarks. The Committee directs OSTP
to ensure Federal science agencies continue to rely on peer
review and prioritization efforts from the scientific
community.
Open Access to Federal Research.--The Committee has
received reports by OSTP on the progress of all Federal
agencies in developing and implementing policies to increase
public access to federally funded scientific research. The
Committee is pleased by the progress, but previously instructed
OSTP to have all relevant departments' and agencies' plans
approved by the end of calendar year 2014 with implementation
occurring by early calendar year 2017. OSTP is directed to
continue providing quarterly reports to the Committee in order
to keep Congress apprised of the remaining progress needed to
make federally funded research accessible to the public as
expeditiously as possible.
Science, Technology, Engineering, and Mathematics
Education.--The Committee continues to support effective
mission-oriented science, technology, engineering, and
mathematics [STEM] education programs at NASA, NOAA, NSF, and
NIST within this bill, and encourages OSTP to work with non-
Federal education and outreach communities.
Emerging Contaminants.--Emerging contaminants are
increasingly being detected at low levels in drinking water
systems across the country. Prolonged exposure to unregulated
drinking water contaminants may pose human health risks, and
the lack of research on potential health effects has hindered
Federal and State efforts to develop and strengthen the
effectiveness of drinking water advisories or standards for
these materials. The OSTP Director shall identify current
research gaps in addressing these issues and submit to the
Committee, within 180 days of enactment of this act, a
coordinated cross-agency plan for addressing critical research
gaps related to emerging contaminants.
National Science and Technology Council Subcommittee.--The
Committee understands the importance of engaging and recruiting
a diverse talent pool to work in STEM fields. The Committee
also believes that limited Federal budgets require innovative
approaches that are collaborative and build upon existing
training to promote a diverse Federal workforce and make the
most efficient use of limited resources. The Committee directs
the OSTP to continue its work with the Office of Personnel
Management, the NSF, and the National Institute of Standards
and Technology [NIST] to create a NIST Council Subcommittee to
build on existing efforts and develop and implement STEM
inclusion training for use in both the Federal Government and
academe. The training should address advancement barriers for
underrepresented groups in STEM careers, including implicit
bias, stereotype threat, and work/life balance and caregiving
issues so as to foster more inclusive workplace environments.
Related legal requirements, including those under title IX,
should also be addressed.
National Space Council.--The bill provides for the funding
of the National Space Council [NSC] which was reinstated
through Executive Order 13803, signed on June 30, 2017. The
Committee understands that the newly reconstituted NSC is in
the early phases of standing up its staffing and operations,
and expects that further information on the appropriate funding
levels will be presented to the Committee before the end of the
current fiscal year. In the absence of that information, the
Committee has chosen to initially fund the NSC in fiscal year
2018 through OSTP and will consider separate funding as further
information is presented in the coming months.
National Aeronautics and Space Administration
Appropriations, 2017.................................... $19,653,300,000
Budget estimate, 2018................................... 19,092,200,000
Committee recommendation................................ 19,529,300,000
The Committee's recommendation provides $19,529,300,000 for
the National Aeronautics and Space Administration [NASA]. The
recommendation is $124,000,000 below the fiscal year 2017
enacted level and $437,100,000 above the budget request.
NASA was established by the National Aeronautics and Space
Act of 1958 (Public Law 85-568) to conduct space and
aeronautical research and development and to conduct flight
activities for peaceful purposes. NASA's unique mission of
exploration, discovery, and innovation is intended to preserve
the United States' role as both a leader in world aviation and
as the pre-eminent space-faring nation. It is NASA's mission
to: advance human and robotic exploration, use, and development
of space; advance and communicate scientific knowledge and
understanding of the Earth, the solar system, and the universe;
and research, develop, verify, and transfer advanced
aeronautics and space technologies.
For Science, the Committee's recommendation strives to keep
NASA's near-term launches on track to continue progress in
exploring our solar system and the universe, understanding the
sun, and observing our planet. The Committee expects NASA to
continue making progress on the recommendations of the National
Academies' decadal surveys, now and in the future.
The Committee believes this bill represents a solid path
forward for human spaceflight that reaches beyond low-Earth
orbit with NASA developed crew and launch vehicles; invests in
the burgeoning domestic launch industry that is bringing cargo,
and eventually crew, to the International Space Station; and
supports NASA's science and technology programs. These elements
should be viewed as complementary pieces of a balanced whole.
NASA utilizes a broad variety of launch vehicles, from
suborbital to heavy configurations, in order to successfully
execute its missions. The Committee encourages NASA to choose
those launch vehicles that prioritize their manifests such that
NASA has a high confidence level that missions can be reliably
launched on schedule. NASA is directed to continue providing
the Committee with a quarterly launch schedule, by mission,
that describes risks associated with launch delays due to
problems with the launch vehicle; impacts of launch delays to
other missions in the launch queue, and a budget estimate of
the anticipated carrying costs for missed launch windows.
The Committee is supportive of NASA's STEM education
efforts that provide hands-on learning experiences at NASA
centers for middle, high school, and college students,
including space launch activities, and therefore rejects the
proposed cancellation of education programs. These types of
programs allow students to experience the full range of STEM-
related skills involved in designing, testing, and launching
vehicles and payloads to deepen their interest in science and
engineering fields.
The Committee is counting on NASA to maintain focus on
improving oversight and accountability throughout the agency.
NASA's acquisition management continues to be on the GAO ``high
risk'' list. The Committee notes that NASA is making progress
in strengthening its financial management. GAO's most recent
assessment of NASA's large-scale projects found the agency's
cost and schedule performance on major projects has improved
since GAO's first assessment in 2009. NASA is directed to
cooperate fully and to provide timely program analysis,
evaluation data, and relevant information to the GAO so that
GAO can report to Congress shortly after the annual budget
submission of the President and semiannually thereafter on the
status of large-scale NASA programs, projects, and activities
based on its review of this information.
In addition, NASA is directed to provide the Committee,
with its budget justification, the reserves assumed by NASA to
be necessary within the amount proposed for each directorate,
theme, program, project, and activity, or, if the proposed
funding level for a directorate, theme, program, project, or
activity is based on confidence level budgeting, the confidence
level and reserves assumed in the proposed funding level.
The Committee understands that NASA projects undergo major
reviews in addition to regular oversight throughout the year.
When one of these reviews results in changing the cost profile
of a project in the current or budget request year, the
Committee expects to be informed in a timely fashion so that
its actions can reflect the most recent NASA analysis and
expectation. Keeping the Committee up to date should reduce
NASA's propensity to submit spending plans that disregard
Congressional direction.
The Federal funding priorities for NASA set forth in this
bill and report should not be interpreted as a suggestion from
the Committee. Rather they should be interpreted like any other
statutory requirement levied upon NASA. The Committee objects
to NASA's efforts in recent fiscal years to redirect funding
away from priorities clearly set by the Congress in law. NASA's
continued use of section 505 of this bill in this manner will
result in limited funding flexibility in the future.
The Committee has chosen to articulate the funding levels
of programs, where appropriate, in the form of tables and, if
necessary, supplemented with explanatory report language.
SCIENCE
Appropriations, 2017.................................... $5,764,900,000
Budget estimate, 2018................................... 5,711,800,000
Committee recommendation................................ 5,571,800,000
The Committee provides $5,571,800,000 for Science, which is
$193,100,000 below the fiscal year 2017 enacted level and
$140,000,000 below the budget request. The Science account
encompasses: Earth Science, Planetary Science, Astrophysics,
the James Webb Space Telescope, Heliophysics, and Education.
This funding supports NASA programs that seek to answer
fundamental questions concerning the ways in which Earth is
changing; the comparison of Earth with other planets in the
solar system and around other stars; the connections between
the Sun and Earth; and the origin and evolution of planetary
systems, the galaxy, and the universe, including the origin and
distribution of life in the universe. These objectives are
assisted by input from the scientific community through decadal
surveys and are achieved through robotic flight missions,
ground-based scientific research and data analysis, and the
development of new technologies for future missions. NASA shall
continue its progress toward implementing the recommendations
of decadal surveys in Earth Science, Heliophysics, Planetary
Science, and Astrophysics.
SCIENCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Earth Science......................................... 1,921,000
Planetary Science..................................... 1,611,900
Astrophysics.......................................... 816,700
James Webb Space Telescope............................ 533,700
Heliophysics.......................................... 688,500
Education............................................. [44,000]
-----------------
Total, Science.................................. 5,571,800
------------------------------------------------------------------------
Earth Science.--Within the amount for Earth Science, the
Committee recommendation includes $198,000,000 for Landsat 9 to
maintain a 2020 launch profile, $147,000,000 for the Plankton,
Aerosol, Cloud ocean Ecosystem [PACE] mission to maintain a
2022 launch date, $28,000,000 for CLARREO Pathfinder to
continue progress on a Tier-1 decadal survey recommendation,
$9,500,000 for OCO-3, and $1,900,000 for NASA instruments on
the Deep Space Climate Observatory. The amount provided for
PACE reflects the project's successful passage of Key Decision
Point B in July 2017. The recommendation fully supports Earth
Venture and NASA-ISRO Synthetic Aperture Radar at no less than
the request level.
Radiation Budget Instrument.--The Committee is aware of
challenges reported by GAO on NASA's Radiation Budget
Instrument [RBI] program, to include problems controlling scope
of requirements against desired costs and maintaining schedule
to meet the JPSS-2 need date with sufficient time for
integration on the satellite and testing prior to the JPSS-2
launch. NASA shall report in writing to the Committee within 14
days of the date of enactment whether RBI can meet the launch
date under the development parameters that the Committee had
already established for this instrument in previous
appropriations bills, and does not meet the programmatic cost
overruns outlined in section 521 of this act. If such
conditions are favorably met, then NASA shall continue the RBI
program in fiscal year 2018 with appropriated funds within
Earth Science subject to section 505 reprogramming guidelines.
NASA shall update the Committee on RBI cost and schedule
immediately after the completion of the Critical Design Review
in September 2017.
The Committee is also supportive of efforts for the
development of aircraft instrumentation and arrays that can
conduct remote sensing for scientific and operational research,
and directs the agency to continue partnering with non-Federal
researchers to test new technologies for analyzing snow, ice
and soil moisture.
Planetary Science.--The Committee recommendation includes
$660,000,000 for Mars Exploration and $66,000,000 for Near
Earth Object Observations, including no less than the fiscal
year 2017 amount for Double Asteroid Redirection Test [DART].
The Near Earth Object Observations program supports a network
of search and characterization observatories and the data
processing and analysis required to understand the near-Earth
population of small bodies. The Committee urges NASA to meet
the congressionally mandated goal of detecting and
characterizing at least 90 percent of the potentially hazardous
Near Earth Objects [NEO] 140 meters or larger by 2020. NASA
shall develop a plan for its planetary defense activities,
including DART and subsequent activities, which will support
successive space-based surveys/surveillance missions and/or
technology demonstration and rapidly advance the Nation's
planetary defense capabilities.
Green Bank Observatory.--The Committee recognizes the
significant investment the NSF has made to develop the world-
class scientific facility at the Green Bank Telescope
Observatory [GBO]. NASA is encouraged to continue its use of
GBO to support its Planetary Science Research program,
including orbital debris monitoring activities, and to
coordinate with NSF and other government agencies to develop
potential multi-agency management plans for GBO. NASA shall
include in its fiscal year 2019 budget request any planned
support for the subsequent 5 fiscal years.
Astrophysics.--The Committee recommendation includes no
less than $98,300,000 for the Hubble Space Telescope, no less
than $10,000,000 for search for life technology development,
and $150,000,000 for the Wide-Field InfraRed Survey Telescope
[W-FIRST]. The Committee supports the independent analysis of
W-FIRST and other large projects to ensure sustainable cost and
schedule and encourages NASA to establish a cost cap for W-
FIRST based on that analysis. The Committee reiterates its
expectation that NASA will streamline W-FIRST science
operations to take advantage of scientific and operational
experience and synergies with Hubble and the James Webb Space
Telescope, including linking science operations and the science
archive.
James Webb Space Telescope.--The Committee maintains its
strong support for the completion of the James Webb Space
Telescope [JWST], and provides $533,700,000, the same as the
budget request. The bill maintains an overall development cost
ceiling for JWST at $8,000,000,000, and the Committee intends
to hold NASA and its contractors to that commitment. The
Committee expects to be kept fully informed on issues relating
to program and risk management, achievement of cost and
schedule goals, and the program's technical status. The
Committee appreciates GAO's continuing work to monitor JWST
progress, costs, and schedule.
Heliophysics.--The Committee recognizes that a greater
understanding of our Sun and the accompanying technologies
developed for that purpose will help to mitigate the hazards
that solar activity poses to the ground- and space-based
platforms that strengthen our national security, economic
competitiveness, and scientific prowess. As recommended by the
National Research Council Decadal Survey, the Committee directs
NASA to implement a 2-year cadence of alternating Small
Explorer [SMEX] and Mid-sized Explorer [MIDEX] missions, and
enable a regular selection of Missions of Opportunity [MOs] to
allow heliophysics researchers to rapidly respond to and
participate in missions both inside and outside of NASA. The
Committee also supports implementation of the Diversify,
Realize, Integrate, Venture, Educate [DRIVE] initiative, a top
priority of the National Research Council Decadal Survey, which
would increase the competitive Heliophysics research program
from 10 percent to 15 percent of the budget request to enable
the development of new technologies, and establish
competitively-awarded Heliophysics Science Centers. The
Committee recognizes the increasingly multidisciplinary nature
of Heliophysics, and so seeks to provide researchers with the
necessary tools to enable continued scientific progress in this
field.
Space Weather Research.--In response to the Space Weather
Action Plan and the recommendations of the Decadal Survey, the
Committee recommendation provides $10,000,000 for establishing
a space weather research program. NASA should coordinate with
NOAA and the Department of Defense to ensure that NASA is
focused on research and technology that enables other agencies
to dramatically improve their operational space weather assets
and the forecasts they generate using data from those assets
including current and future ground-based telescopes and
instruments that are expected to come on line, such as the
Daniel K. Inouye Solar Telescope.
Science Mission Directorate, Education.--The Committee
provides no less than $44,000,000 for education as reflected in
a more transparent single line within the SMD funding chart.
The Committee supports the recommendation that the Astrophysics
program administer this SMD-wide education funding. The
Committee encourages SMD-funded investigators to be directly
involved in outreach and education efforts. NASA should
continue to prioritize funding for on-going education efforts
linked directly to its science missions.
AERONAUTICS
Appropriations, 2017.................................... $660,000,000
Budget estimate, 2018................................... 624,000,000
Committee recommendation................................ 650,000,000
The Committee provides $650,000,000 for Aeronautics, which
is $10,000,000 below the fiscal year 2017 enacted level and
$26,000,000 above the budget request. The Aeronautics account
funds research in key areas related to the development of
advanced aircraft technologies and systems, including those
related to aircraft safety, ultra-efficient vehicles and fuel
efficiency, and research that supports the Next Generation Air
Transportation System in partnership with the Joint Planning
and Development Office.
The Committee is encouraged by NASA's proposal for a Low
Boom Flight Demonstrator X-plane, referred to as the Low Boom
Flight Demonstrator [LBFD], with an anticipated first flight in
fiscal year 2021. NASA's work to demonstrate quiet supersonic
flight over land should assist in eliminating the technical
barriers to practical, commercial supersonic flight. The
Committee also believes that additional subsonic flight
demonstrations can contribute to continued U.S. leadership in
the global aerospace industry and directs NASA to provide a
report within 180 days of enactment on the plan, including
resources needed, for additional X-plane demonstrations beyond
LBFD.
Advanced Materials Research.--The Committee recognizes the
role NASA and university research institutions play in
developing advanced materials platforms for next generation air
and space vehicles. NASA is encouraged to partner with academic
institutions that have strong capabilities in aviation,
aerospace structures, and materials testing and evaluation to
advance aeronautics materials research.
Unmanned Aerial Systems [UAS] Research.--NASA conducts
research to reduce technical barriers associated with
integrating UAS into the National Airspace System [NAS]. This
research remains a national priority with the potential to
increase public safety and bring economic benefits to a wide
range of industries. The Committee provides $5,000,000 for NASA
to conduct further research in a broad range of public safety
applications over land and maritime environments at the Federal
Aviation Administration's Unmanned Aircraft Systems Centers of
Excellence on UAS use.
Advanced Composites.--To address the ongoing need for
improved methods, tools, and protocols to reduce the
development and certification timeline for composite materials
and structures, the Committee funds advanced composites at the
fiscal year 2018 request level.
SPACE TECHNOLOGY
Appropriations, 2017.................................... $686,500,000
Budget estimate, 2018................................... 678,600,000
Committee recommendation................................ 700,000,000
The Committee provides $700,000,000 for Space Technology,
which is $13,500,000 above the fiscal year 2017 enacted level
and $21,400,000 above the budget request. The Space Technology
Program funds basic research that can advance multi-purpose
technologies to enable new approaches to NASA's current
missions. It includes NASA's Small Business Innovative Research
[SBIR] and Small Business Technology Transfer programs.
The Committee is supportive of many of the technologies
being developed within Space Technology, which will have wide
ranging benefits for NASA missions and throughout the agency.
Of particular note are the enabling technologies of Solar
Electric Propulsion, the laser communications relay
demonstration, and composite tanks and structural materials.
These key supporting technologies will provide enabling
capabilities for multiple robotic and human exploration
missions.
Satellite Servicing/RESTORE-L.--The Committee recommends
$130,000,000 for continued formulation activities and
acquisition of the mission's bus module to maintain a schedule
that targets a launch in calendar year 2019 allowing Landsat-7
to be refueled before its original fuel supply is depleted.
This project is built upon three decades of on-orbit satellite
rendezvous, capture and servicing experience and involves
substantially more robust technological maturity and
capability. By focusing on low-Earth orbiting satellites, it
avoids competing against industry and holds the potential to
save money by allowing government satellites longer operational
life. The Committee believes this work is complementary to
Defense Advanced Research Projects Agency [DARPA] work in
geostationary orbit and encourages NASA to share expertise and
lessons learned with DARPA and to accept any financial
contributions from DARPA to its work.
Nuclear Propulsion.--NASA is continuing its work to develop
the foundational technologies and advance low-enriched uranium
nuclear thermal propulsion systems that can provide
significantly faster trip times for crewed missions than non-
nuclear options. The Committee provides $75,000,000 for ongoing
nuclear thermal propulsion technologies for space
transportation and exploration. This funding is provided for
NASA to work towards the goal of being able to conduct a
propulsion subscale ground test by 2020.
Laser Communications.--The Committee recognizes the
potential technological breakthroughs enabled by laser
communications that provide much higher data rates for
connections between spacecraft and Earth. The Committee directs
NASA to continue its investments in optical communication
research, development, and testing to support NASA missions and
potentially to create spin off technologies that advance
American leadership in communications technologies and support
rural broadband deployment.
Flight Opportunities Program.--The recommendation includes
up to $20,000,000 for the Flight Opportunities Program.
Advanced Propulsion Research.--The Committee notes that
NASA has funded preliminary fusion energy research that could
eventually assist in shortening transit time for interplanetary
missions. The Committee strongly encourages NASA to pursue
academic led research opportunities as continued early
technology development is advanced.
Small Business Innovation Research.--The Committee
recognizes the importance of the SBIR program and its previous
success in commercialization of results from federally funded
research and development projects. The SBIR program encourages
domestic small businesses to engage in Federal research and
development, and creates jobs. The Committee therefore directs
NASA to place an increased focus on awarding SBIR awards to
firms with fewer than 50 employees.
EXPLORATION
Appropriations, 2017.................................... $4,324,000,000
Budget estimate, 2018................................... 3,934,097,000
Committee recommendation................................ 4,395,000,000
The Committee provides $4,395,000,000 for Exploration,
which is $71,000,000 above the fiscal year 2017 enacted level
and $460,903,000 above the budget request. The Exploration
account funds the capabilities required to develop,
demonstrate, and deploy the transportation, life support, and
surface systems that will enable sustained human presence
beyond low-Earth orbit and throughout the solar system. The
Committee believes the Nation deserves a safe and robust human
spaceflight program to explore beyond low-Earth orbit.
EXPLORATION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Space Launch System.................................... 2,150,000
Orion Multi-Purpose Crew Vehicle....................... 1,350,000
Exploration Ground Systems............................. 545,000
Exploration Research and Development................... 350,000
----------------
TOTAL............................................ 4,395,000
------------------------------------------------------------------------
The Space Launch System [SLS], Orion multi-purpose crew
vehicle [Orion], and Exploration ground systems are all
critical infrastructure for the development and sustainment of
the Nation's human exploration goals. These investments will
enable the human exploration of space beyond low Earth orbit,
and provide flexibility for a variety of mission destinations.
NASA's human exploration program is made up of three
distinct, but equally important pieces: SLS heavy-lift launch
vehicle, Orion, and the supporting ground systems that process
and launch these vehicles. If any of these activities are
delayed, then the entire exploration enterprise of launching
humans beyond low Earth orbit by NASA is also hindered.
Therefore, it is important to view these programs as part of a
complete system and to budget accordingly so that the Nation
can advance its exploration goals.
The Committee provides: $2,150,000,000 for SLS, of which no
less than $300,000,000 is for development of the Exploration
Upper Stage [EUS] engine; $1,350,000,000 for Orion; and
$545,000,000 for Exploration Ground Systems. In addition to
this funding, $95,900,000 is further provided under
Construction of Facilities for Exploration related
construction, bringing the total for ground systems to
$640,900,000. The Committee notes that the fiscal year 2018
request for SLS includes $59,000,000 planned for RS-25 and SLS
core stage green run testing as part of a longer-term testing
plan leading to EUS testing and qualification activities to be
conducted in fiscal year 2019 and beyond. Of the funds provided
for EUS, $20,000,000 is for advance planning and preliminary
test stand engineering for associated follow-on testing and
engine qualification for the EUS. NASA is directed, within 60
days of enactment, to provide the Committee its preliminary
plan for EUS testing and qualification that incorporates the
funding provided within this Act. These funding levels reflect
consistent programmatic funding to ensure the earliest possible
crewed launch, as well as prepare for future crewed launches.
It is important to note that the funding levels provided by
the Committee support the development of multiple iterations of
launch and crew test articles and flight vehicles that are
being developed and produced during fiscal year 2018. Together
these comprise a complete system that includes work needed for
future launches beyond Exploration Missions 1 and 2.
The Committee understands that NASA will determine the
initial launch date for Exploration Mission 1 after a review of
the program currently being conducted and expects NASA to
provide the Committee with details of this analysis at the
conclusion of the review.
To allow for NASA to transition SLS, Orion, and their
associated ground infrastructure from a developmental program
to an operating launch system, the Committee has included bill
language permitting NASA to continue to acquire crew vehicles,
launch vehicles, ground systems and their associated components
under incremental funding within appropriation limits for the
duration of these programs.
Advanced Exploration Systems.--The amount provided for
Advanced Exploration Systems enables NASA to continue current
activities within NASA and with industry related to VASIMR
propulsion technology, In Situ Resource Utilization, and Lunar
CATALYST. The Committee also encourages NASA to continue to
study and quantify potential exposure to cosmic rays through
initiatives such as the Alpha Magnetic Spectrometer. The
Committee further includes the request level of $119,700,000
for habitat systems research and development. The Committee
expects NASA to establish in fiscal year 2018 a habitat
development program office at a center that holds proficiency
and heritage in habitation, life support systems development,
and science operations to oversee and support NASA's current
and future in-space habitat development activities.
SPACE OPERATIONS
Appropriations, 2017.................................... $4,950,700,000
Budget estimate, 2018................................... 4,740,803,000
Committee recommendation................................ 4,751,500,000
The Committee provides $4,751,500,000 for Space Operations,
which is $199,200,000 below the fiscal year 2017 enacted level
and $10,697,000 above the budget request. The Space Operations
account funds the International Space Station [ISS] and the
supporting functions required to conduct operations in space.
The ISS is a complex of research laboratories in low-Earth
orbit in which American, Russian, and international partner
astronauts conduct unique scientific and technological
investigations in a microgravity environment.
Space Transportation.--The Committee provides the requested
amounts of $1,683,200,000 for the delivery of cargo and
payments for current and future crew services to the ISS, and
up to $731,900,000 for payment of successfully completed crew
development milestones.
The Committee notes that the GAO has reported in ``NASA:
Assessments of Major Projects'' that an analysis by the
Commercial Crew Program indicates the certification of both
contractors will likely be delayed until 2019 and that despite
a fixed price contract, payments to contractors have increased
by a combined $138,000,000 through the use of reserve funds.
The Committee encourages NASA to regain the ability to launch
astronauts to ISS from the United States in a safe and timely
manner but is concerned that further delays to the crew program
will lead to additional unanticipated crew transportation costs
beyond the current payments to other crew transportation
providers in the future. NASA shall inform the Committee of the
causes of any delays to certification dates and any additional
associated costs, including additional payments for alternative
transportation services, at the time they are determined by
NASA, and not wait to disclose them as part of the regular
quarterly reporting requirement.
Rocket Propulsion Test Program.--The Committee recommends
the fiscal year 2018 requested amount for the NASA Rocket
Propulsion Test program to ensure test infrastructure remains
adequate to support the Space Launch System and other
propulsion development programs.
Testing Infrastructure.--The Committee encourages NASA to
develop plans to fully utilize NASA-owned rocket testing
infrastructure for commercially developed launch vehicles to
ensure that these vehicles are not only tested in the same
manner as Government-developed launch vehicles, but also at the
same facilities, to ensure consistency in testing across all
potential vehicles.
Space and Flight Support Launch Services.--The Committee
believes that the small launch vehicle development will lead to
a capability that will maximize benefits to the government, the
private sector, and universities while promoting increased
participation in the small launch market. The recommendation
includes $30,000,000 for NASA to continue activities through
the appropriate program office to advance technologies for
launch vehicles of small payloads to increase opportunities for
improved access to suborbital and orbital launch opportunities
once the current round is completed.
Solid Rocket Motor Materials.--Within 60 days of enactment
of this bill, NASA shall provide a briefing to the Committee
regarding NASA's strategy to procure large solid rocket motors
at the best value to U.S. taxpayers. The briefing will include
a description of their present supply chain, as well as future
costs and availability of solid rocket motor input materials
including ammonium perchlorate and spherical aluminum powder as
well as anticipated impacts of existing, pending and planned
contracts by NASA and other government entities.
21st Century Launch Complex program.-- The Committee notes
that the 21st Century Launch Complex program ended in fiscal
year 2017. The program helped to maintain multiple launch sites
contribute to assured access to the ISS in case of natural
disaster, national security event, or launch accident. With the
end of this program, future funding requests for construction,
maintenance, and revitalization of multiple launch facilities
to maintain this capability are expected to be funded through
the Construction account where capital improvements to NASA's
infrastructure are located.
EDUCATION
Appropriations, 2017.................................... $100,000,000
Budget estimate, 2018................................... 37,300,000
Committee recommendation................................ 100,000,000
The Committee provides $100,000,000 for Education, which is
the same as the fiscal year 2017 enacted level and $62,700,000
above the budget request. The Education account funds science,
technology, engineering, and mathematics [STEM] education
activities to educate and inspire our next generation of
explorers and innovators.
The Committee does not agree with the proposed cancellation
of the activities within Education and has provided funding for
the programs for the upcoming fiscal year. However, if NASA
determines that the programs would be better managed, executed,
and evaluated in other places within NASA, the Committee is not
averse to considering funding these activities either within a
revised Education directorate or other alternative locations.
The Committee directs NASA to use fiscal year 2018 to review
the Education Mission Directorate, along with its other
education-related activities, in order to inform the
appropriate location and activities NASA should undertake in
future years. As part of this activity, NASA is directed to
consider maintaining administrative costs at no more than five
percent and provide the Committee a report on the results of
this comprehensive review not less than 90 days from enactment
of this Act.
The funds provided are to ensure continuity in the ongoing
programs as NASA evaluates its role in STEM education and
development of students in science and engineering fields.
EDUCATION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
NASA Space Grant........................................ 40,000
Established Program to Stimulate Competitive Research 18,000
[EPSCOR]...............................................
Minority University Research and Education Project...... 32,000
STEM Education and Accountability Projects.............. 10,000
---------------
TOTAL............................................... 100,000
------------------------------------------------------------------------
Space Grant.--The Committee provides $40,000,000 for Space
Grant and directs NASA to support an extension of the current
Space Grant program, and to allocate the entire funding amount
for consortia-led institutions in all 52 participating
jurisdictions according to the percentage allocation provided
to States in the current 5-year grant award.
Competitive Program.--The Committee provides up to
$10,000,000 for the Competitive Program for Science, Museums,
Planetariums, and NASA Visitors Centers within the STEM
Education and Accountability Projects. This competitive grant
program creates interactive exhibits, professional development
activities, and community-based programs to engage students,
teachers, and the public in science, technology, engineering,
and mathematics.
Space Law.--As the civilian space market continues to grow
and national policies are developed for remote sensing and
commercial space launches for cargo and crew, there is an
increasing need for education on the legal aspects of human use
of aerospace technologies. To encourage legal research in this
area, the Committee provides up to $1,000,000 for space law
education and outreach. NASA shall provide a spending plan to
the Committee within 45 days of enactment of this act on how
NASA will implement this direction.
SAFETY, SECURITY, AND MISSION SERVICES
Appropriations, 2017.................................... $2,768,600,000
Budget estimate, 2018................................... 2,830,200,000
Committee recommendation................................ 2,826,900,000
The Committee provides $2,826,900,000 for Safety, Security,
and Mission Services, which is $58,300,000 above the fiscal
year 2017 enacted level and $3,300,000 below the budget
request. The Safety, Security, and Mission Services account
funds agency management, including headquarters and each of the
nine NASA field centers, as well as the design and execution of
non-programmatic Construction of Facilities and Environmental
Compliance and Restoration activities.
Independent Verification and Validation [IV&V] Program.--
Within the amounts provided for cross-agency support, the
Committee recommends $39,100,000 for NASA's IV&V Program.
Cybersecurity.--The Committee's recommendation includes the
full request for Agency Information Technology [IT] Services to
support shifting NASA's IT model to one that enhances
cybersecurity with strong governance and strong information
security practices.
National Center for Critical Information Processing and
Storage.--The National Center for Critical Information
Processing and Storage [NCCIPS], managed by NASA, was
established to consolidate efforts across Federal agencies to
store and secure data. The Committee encourages NASA to make
agencies aware of NCCIPS capabilities in order to help the
Federal Government reduce IT costs and more rapidly achieve IT
modernization. The Committee urges NASA to offer NCCIPS to
other agencies in order to take full financial advantage of
this secure data facility, to help the Federal Government
reduce IT costs, and to more rapidly achieve IT modernization.
NASA Shared Services Center.--The Committee is aware that
NASA is considering a divestment of the NASA Shared Services
Center [NSSC] and transitioning it to another Federal shared
services provider or designating it as an independent
performance based organization. The Committee supports these
efforts only if the final proposal adheres to ongoing
government-wide data consolidation efforts, reduces hardware,
software, and operating costs for its Federal customers, and
aids in its ability to attract new Federal agencies. If NASA
chooses to divest the NSSC, NASA shall provide the Committee
its justification for divestment and the plan for
implementation.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2017.................................... $360,700,000
Budget estimate, 2018................................... 496,100,000
Committee recommendation................................ 496,100,000
The Committee provides $496,100,000 for Construction and
Environmental Compliance and Restoration, which is $135,400,000
above the fiscal year 2017 enacted level and the same as the
budget request. The Construction and Environmental Compliance
and Restoration account provides for design and execution of
programmatic, discrete and minor revitalization, construction
of facilities projects, facility demolition projects, and
environmental compliance and restoration activities.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2017.................................... $37,900,000
Budget estimate, 2018................................... 39,300,000
Committee recommendation................................ 38,000,000
The Committee's recommendation provides $38,000,000 for the
Office of Inspector General [OIG], which is $100,000 above the
fiscal year 2017 enacted level and $1,300,000 below the budget
request. The Office is responsible for promoting efficiency and
preventing and detecting crime, fraud, waste, and
mismanagement.
ADMINISTRATIVE PROVISIONS
The Committee includes bill language regarding the
availability of funds for certain prizes.
The Committee also includes bill language regarding
transfers of funds between accounts and the NASA spending plan
for fiscal year 2018.
National Science Foundation
Appropriations, 2017.................................... $7,472,215,000
Budget estimate, 2018................................... 6,652,888,000
Committee recommendation................................ 7,311,083,000
The Committee's recommendation provides $7,311,083,000 for
the National Science Foundation [NSF]. The recommendation is
$161,132,000 below the fiscal year 2017 enacted level and
$658,195,000 above the budget request.
The National Science Foundation was established as an
independent agency by the National Science Foundation Act of
1950 (Public Law 81-507) and is authorized to support research
and education programs that promote the progress of science and
engineering in the United States. The Foundation supports
research and education in all major scientific and engineering
disciplines through grants, cooperative agreements, contracts,
and other forms of assistance in all parts of the United
States. The Foundation also supports unique domestic and
international large-scale research facilities.
RESEARCH AND RELATED ACTIVITIES
Appropriations, 2017.................................... $6,033,645,000
Budget estimate, 2018................................... 5,361,650,000
Committee recommendation................................ 5,917,803,000
The Committee's recommendation provides $5,917,803,000. The
recommendation is $115,842,000 below the fiscal year 2017
enacted level and $556,153,000 above the budget request.
The Research and Related Activities [R&RA] appropriation
funds scientific discovery, trains a dynamic workforce, and
supports broadly accessible state-of-the-art tools and
facilities. Research activities will contribute to the
achievement of these outcomes through expansion of the
knowledge base; integration of research and education;
stimulation of knowledge transfer between academia and the
public and private sectors; and international activities, and
will bring the perspectives of many scientific disciplines to
bear on complex problems important to the Nation. The
Foundation's discipline-oriented R&RA account includes:
Biological Sciences; Computer and Information Science and
Engineering; Engineering; Geosciences; Mathematical and
Physical Sciences; Social, Behavioral and Economic Sciences;
Office of Cyberinfrastructure; Office of International Science
and Engineering; Office of Polar Programs; Integrative
Activities; and the U.S. Arctic Research Commission.
The Committee's fiscal year 2018 recommendation supports
Federal long-term basic research that has the potential to
transform our economy and our way of life in the context of a
constrained Federal budget.
Scientific Facilities and Instrumentation.--A critical
component of the Nation's scientific enterprise is the
infrastructure that supports researchers in discovery science.
Investments to advance the frontiers of research and education
in science and engineering are critical to the Nation's
innovation enterprise. The Committee encourages the NSF to
fully fund its U.S. scientific research facilities and
instruments to adequately support scientists and students
engaged in sustained, cutting-edge research.
Astronomy.--U.S.-based astronomy researchers and facilities
funded through NSF continue to make groundbreaking discoveries
utilizing world-class scientific research instruments and
facilities. NSF funding enables research in the U.S., at
facilities across the globe, and at observatories operated by
universities, including the National Optical Astronomy
Observatories, the National Radio Astronomy Observatories, and
the National Solar Observatory. As NSF determines the
appropriate levels of support for astronomy research grants by
scientists and students engaged in ground-breaking research and
investments, the Committee expects the NSF to continue its
support of world-class scientific research facilities and
instrumentation to maximize its investments in research. In
addition to this support, partnerships should be explored when
feasible to maximize research capabilities at such facilities.
Established Program to Stimulate Competitive Research
[EPSCoR].--The Committee underscores the importance of the
EPSCoR program in spurring innovation and strengthening the
research capabilities of institutions that are historically
underserved by Federal research and development [R&D] funding.
The EPSCoR program is funded at no less than $160,000,000, the
same amount as fiscal year 2017. NSF 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.
Study of Woodland and Alpine Ecosystems and Ecoregions.--
The Committee encourages NSF to support research on unique
mountain and woodland ecosystems, and to advance research in
this area in order to better understand and sustain the health
and vitality of mountain ecosystems.
Mathematical Sciences Institutes.--The Committee recognizes
the importance of the NSF Mathematical Sciences Institutes
across the country, which provide important basic research in
multiple fields.
VORTEX-SE.-- NSF has been working in conjunction with the
National Oceanic and Atmospheric Administration [NOAA] to build
up to a full research campaign to study the unique
characteristics of tornadoes in the southeast. The VORTEX-SE
field campaigns in calendar years 2016 and 2017 have provided
important new insights into the observing strategy for the
large VORTEX-SE field campaign expected to take place in spring
of 2020. NSF currently plans on conducting additional workshops
ahead of the full campaign to fully incorporate lessons learned
from the initial field work that has recently been completed.
In preparation for the 2020 field campaign, the Committee
expects that future budget requests for VORTEX-SE will include
adequate budgetary resources for associated research and
instrumentation. The Committee directs NSF to include a
coordinated funding plan and timeline for conducting VORTEX-SE
as part of future budget requests.
As part of VORTEX-SE, the Committee directs NSF to look
beyond the traditional research disciplines and programs
utilized in previous Vortex programs and to include and utilize
the collaborative opportunities of the Prediction of and
Resilience against Extreme Events program for co-funding grants
that enhance understanding of the fundamental natural processes
and hazards of tornadoes in the southeast and to improve models
of these seasonal extreme events.
Ice Sheet Instability.--Within Office of Polar Programs,
the Committee encourages NSF to prioritize research into the
current stability of Antarctic ice sheets, including the West
Antarctic Ice Sheet, and any impacts of future instability.
High-Performance Computing.--The Committee commends NSF on
its continuing commitment to its high-performance computing and
data analysis capabilities and urges NSF to make timely and
significant investments in high-performance computing. NSF
should remain committed to developing and supporting systems
that facilitate tremendous leaps in computational simulation
and data analyses that enable a broad range of scientific
research and encourages NSF to release a public roadmap
outlining the scope and timing of these investments.
Domestic Manufacturing.--The Committee encourages NSF to
continue to support meritorious research on the U.S. steel
industry.
Cybersecurity.--The Committee's recommendation includes no
less than the fiscal year 2017 enacted level for cybersecurity
research.
Innovation Corps.--The Committee provides no less than the
fiscal year 2017 amount for the Innovation Corps [I-Corps]
program to build on the successes of its innovative public-
private partnership model. Technology transfer is an important
contributor to American innovation, and NSF plays a critical
role in enabling our Nation's brightest academic minds to bring
their ideas and ingenuity to the marketplace. Scientists are
trained in discovery but need help turning their research into
real-world products and profits. Programs like I-Corps create
jobs in our laboratories today and jobs in American industries
tomorrow. The Committee encourages NSF to facilitate greater
participation in the program from academic institutions in
States that have not previously received awards.
HBCUs Excellence in Research.--The Committee continues to
believe in the importance of additional Federal research
opportunities at Historically Black Colleges and Universities
[HBCUs]. Because NSF's primary research directorates continue
to have a troubling track record of funding HBCUs, the
Committee provides $10,000,000 for the competitive HBCUs
Excellence in Research program, to be separate and distinct
from awards made to HBCUs under grant opportunities made
available to all colleges and universities, and separate and
distinct from programs to support HBCUs under the Education and
Human Resources directorate. The goal of this program is to
provide opportunities for both public and private HBCUs,
particularly for those who have not been successful in larger
NSF R&RA competitions, in order to stimulate sustainable
improvement in their research and development capacity. NSF is
further encouraged to use research infrastructure improvement
grants, co-funding programs, and other innovative mechanisms to
achieve these goals. NSF shall provide a detailed outline of
the proposed execution of the HBCUs Excellence in Research
program as part of its fiscal year 2018 spending plan.
Engineering of Biomedical Systems [EBMS].--EBMS provides
research opportunities to develop novel ideas into discovery-
level and transformative projects that integrate engineering
and life sciences in solving biomedical problems that serve
humanity in the long-term. The Committee encourages NSF to find
opportunities for minority serving institutions, such as HBCUs,
to broaden participation in EBMS.
Fire Research.--The Committee recognizes the significant
impact that fire has on numerous industries in the United
States, including the aerospace, manufacturing, and agriculture
sectors. Improving the scientific understanding of fire will
support key industries as well as improve communities' ability
to safeguard property and lives. The Committee encourages NSF
to examine its current portfolio of fire research to ensure
that it is adequately addressing this area and appropriately
coordinating with academic, industry, and government experts in
this field.
Sustainable Chemistry Research.--The Committee continues to
urge NSF to support sustainable chemistry, including developing
a long-term vision for sustainable chemistry research and
development, as authorized by Public Law 111-358, Section 509,
and endorsed in Public Law 114-329, Section 114.
Advancement of Women in Academic Science and Engineering
Careers [ADVANCE].--The Committee is supportive of the ADVANCE
program, which funds efforts to address the systemic barriers
to women's STEM careers. To maintain these efforts, the
Committee provides $18,000,000, the same as the fiscal year
2017 funding level.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
Appropriations, 2017.................................... $209,000,000
Budget estimate, 2018................................... 182,800,000
Committee recommendation................................ 182,800,000
The Committee's recommendation provides $182,800,000 for
Major Research Equipment and Facilities Construction [MREFC].
The recommendation is $26,200,000 below the fiscal year 2017
enacted level and the same as the budget request.
The MREFC appropriation supports the acquisition,
procurement, construction, and commissioning of unique national
research platforms and facilities as well as major research
equipment. Projects supported by this appropriation push the
boundaries of technology and offer expanded opportunities for
the science and engineering community. Preliminary design and
development activities, ongoing operations, and maintenance
costs of the facilities are provided through the R&RA
appropriation account.
The Committee's recommendation includes funding at the
requested level for the continued construction of the Daniel K.
Inouye Solar Telescope and the Large Synoptic Survey Telescope,
as well as the requested funding for planning and construction
of three regional class research vessels.
The Committee encourages GAO to continue its annual review
of programs funded within MREFC so that GAO can report to
Congress shortly after each annual budget submission of the
President and semiannually thereafter on the status of large-
scale NSF projects and activities based on its review of this
information. The Committee notes that MREFC has a `no cost
overrun' policy and expects GAO's analysis to address any NSF
adjustments to proposed activities and scope.
EDUCATION AND HUMAN RESOURCES
Appropriations, 2017.................................... $880,000,000
Budget estimate, 2018................................... 760,550,000
Committee recommendation................................ 862,400,000
The Committee's recommendation provides $862,400,000 for
this account. The recommendation is $17,600,000 below the
fiscal year 2017 enacted level and $101,850,000 above the
budget request.
The Education and Human Resources appropriation supports a
comprehensive set of programs across all levels of education in
STEM. The appropriation supports activities that unite school
districts with institutions of higher learning to improve
precollege education. Other precollege activities include the
development of the next generation of STEM education leaders,
instructional materials, and the STEM instructional workforce.
Undergraduate activities support curriculum, laboratory, and
instructional improvement; expand the STEM talent pool; attract
STEM participants to teaching; augment advanced technological
education at 2-year colleges; and develop dissemination tools.
Graduate support is directed to research and teaching
fellowships, internships, and instructional workforce
improvement by linking precollege education systems with higher
education. Programs also seek to broaden the participation of
groups underrepresented in the STEM enterprise and promote
informal science education.
Advanced Technological Education.--The Committee provides
funding for Advanced Technological Education at not less than
the fiscal year 2017 enacted level.
Fellowships and Scholarships.--The Committee does not adopt
the proposed funding reductions for the NSF Scholarships in
STEM, Robert Noyce Scholarship Program, or the Graduate
Research Fellowship and instead provides the fiscal year 2017
funding level for these programs.
CyberCorps: Scholarships for Service.--The CyberCorps
program has awarded more than 3,000 scholarships to train
Federal cybersecurity professionals. Nearly half of the
program's graduates are placed in national security and defense
agencies. The Committee provides no less than $55,000,000 for
the CyberCorps: Scholarships for Service program, of which not
less than $7,500,000 should be used to continue work with
community colleges that have been designated as a Center of
Academic Excellence in Information Assurance 2-Year Education
[CAE2Y] by the National Security Agency and the Department of
Homeland Security, including through providing scholarships to
students at CAE2Y's who will not transfer into a 4-year
program, such as career-changers who possess 4-year degrees and
veterans of the Armed Forces. Additionally, the Committee urges
NSF to collaborate with the National Initiative for
Cybersecurity Education at NIST on their efforts to develop
cybersecurity skills in the workforce, especially in support of
non-traditional or technical degree qualifications.
Informal Science Education.--The Committee maintains its
strong support for NSF's informal science education program and
provides no less than $62,500,000 for Advancing Informal STEM
Learning and $51,880,000 for STEM+C Partnerships. The Committee
encourages NSF to coordinate and provide necessary support for
investments in both in- and out-of-school time STEM education
programs across Federal agencies, including support for
extracurricular STEM programs. The Education and Human
Resources directorate is further encouraged to continue its
NSF-wide efforts to support informal STEM education programs,
including leveraging the research directorates to support
activities that match their respective content areas.
Division of Research on Learning [DRL] in Formal and
Informal Settings.--As part of the research funded through the
DRL, the Committee recognizes the importance of out-of-school
time STEM mentor-led engagement programs, including STEM
networks, festivals, and competitions. Such programs are highly
effective in filling the higher education STEM pipeline. The
Committee urges NSF to focus on populations underrepresented in
the STEM fields and encourages NSF to fund out-of-school time
STEM engagement program activities.
Division on Human Resource Development.--The Committee
recommends $35,000,000 for the Historically Black Colleges and
Universities [HBCUs] Undergraduate Program, $8,000,000 for the
Alliance for Graduate Education and the Professoriate,
$46,000,0000 for the Louis Stokes Alliances for Minority
Participation, $14,000,000 for the Tribal Colleges and
Universities Program, and $24,000,000 for Centers for Research
Excellence in Science and Technology.
Hispanic-Serving Institutions [HSI] Program.--Hispanic
Americans continue to be underrepresented in science and
engineering disciplines. The Committee provides $15,000,000 as
authorized under 42 U.S.C. 1862o-12 for NSF to implement an HSI
Program that is designed to increase the recruitment,
retention, and graduation rates of Hispanic students pursuing
associate or baccalaureate degrees in STEM fields.
AGENCY OPERATIONS AND AWARD MANAGEMENT
Appropriations, 2017.................................... $330,000,000
Budget estimate, 2018................................... 328,510,000
Committee recommendation................................ 328,510,000
The Committee's recommendation provides $328,510,000 for
Agency Operations and Award Management. The recommendation is
$1,490,000 below the fiscal year 2017 enacted level and the
same as the budget request.
The appropriation provides salaries and expenses,
including: staff salaries, benefits, travel, training, rent,
advisory and assistance services, communications and utilities
expenses, supplies, equipment, and other operating expenses
necessary for management of NSF's research and education
activities.
The Committee continues to believe that NSF should include
criteria that evaluates how a proposal will advance our
Nation's national security and economic interests, as well as
promote the progress of science and innovation in the United
States.
The Committee reiterates its long-standing requirement that
NSF submit reprogrammings when initiating new programs or
activities of more than $500,000 or when reorganizing
components. The Committee expects to be notified of
reprogramming actions which involve less than the above-
mentioned amount if such actions would have the effect of
changing the agency's funding requirements in future years, or
if programs or projects specifically cited in the Committee's
reports are affected.
OFFICE OF THE NATIONAL SCIENCE BOARD
Appropriations, 2017.................................... $4,370,000
Budget estimate, 2018................................... 4,370,000
Committee recommendation................................ 4,370,000
The Committee's recommendation provides $4,370,000 for the
Office of the National Science Board. The recommendation is the
same as the fiscal year 2017 enacted level and the same as the
budget request.
The National Science Board is the governing body of NSF and
is charged with serving as an independent adviser to the
President and Congress on policy matters related to science and
engineering research and education.
Operations and Maintenance Costs.--The Committee is
concerned that operations and maintenance costs for NSF-funded
research facilities require an increasingly large percentage of
the funding for Research and Related Activities, especially in
a budget environment where overall domestic spending is
restrained and annual operations and maintenance costs increase
faster than overall NSF spending. The Committee is waiting for
the Board's report, directed in fiscal year 2017, on whether
this issue merits a change in NSF's funding principles or
budgetary formulation processes.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2017.................................... $15,200,000
Budget estimate, 2018................................... 15,008,000
Committee recommendation................................ 15,200,000
The Committee's recommendation provides $15,200,000 for the
Office of Inspector General [OIG]. The recommendation is the
same as the fiscal year 2017 enacted level and $192,000 above
the budget request.
The OIG appropriation provides audit and investigation
functions to identify and correct deficiencies that could lead
to instances of fraud, waste, or mismanagement.
ADMINISTRATIVE PROVISION
The bill includes one administrative provision to allow
limited transfers of funds among accounts.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
Appropriations, 2017.................................... $9,200,000
Budget estimate, 2018................................... 9,183,000
Committee recommendation................................ 9,200,000
The Committee's recommendation provides $9,200,000 for the
salaries and expenses of the Commission on Civil Rights, the
same as the fiscal year 2017 enacted level and $17,000 above
the request.
State Advisory Committees [SAC].--The SACs represent the
eyes and ears of the Commission in their respective States, and
the significant proportion of unchartered SACs inhibits the
Commission in carrying out its mission across the Nation. The
Committee is pleased with the Commission's progress in
extending all existing SAC charters from 2 years to 4 years and
looks forward to the improvements in work quality that can be
attributed to this change. The Commission is directed to update
its report to the Committee not later than 90 days after
enactment of this act detailing the number of SAC charters
covering 4 years remaining to be approved by the Commission,
any SAC charters that were submitted but not approved by the
Commission, and the criteria used by the Commission to approve
or deny any charter submitted for approval.
Donations..--The bill includes authority for the Commission
to accept donations to carry out its mission, similar to
authority provided to the Equal Employment Opportunity
Commission. The Commission shall provide to the Committee
quarterly updates on all gifts and donations, as well as the
terms of and specific activities funded by the gift or
donation. Additionally, anticipated funding from gifts or
donations shall be included in the Commission's annual spend
plan.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
Appropriations, 2017.................................... $364,500,000
Budget estimate, 2018................................... 363,807,000
Committee recommendation................................ 364,500,000
The Committee's recommendation provides $364,500,000 for
Equal Employment Opportunity Commission [EEOC] salaries and
expenses. This recommendation is the same as the fiscal year
2017 enacted level and $693,000 above the request.
The EEOC is the leading Federal agency dedicated to
eradicating employment discrimination in both the public and
private sectors on the basis of race, color, national origin,
sex, religion, pregnancy, age, disability, and family medical
history or genetic information. The EEOC serves both U.S.
public and private workplaces by helping provide a fair and
inclusive workplace, which engenders employee satisfaction and
commitment, and enhances employee retention, productivity, and
profitability.
Inventory Backlog Reduction.--At the end of fiscal year
2016 the EEOC had a private sector inventory of nearly 76,000
cases and a substantial Federal sector hearing inventory. Using
appropriated funds for activities that do not directly resolve
this backlog of existing and incoming claims denies cases with
complainants the opportunity of a timely resolution. EEOC's own
budget submission states that justice delayed is justice
denied. Therefore, the Committee directs the EEOC to prioritize
its staffing and resources toward reducing the number of
current and outstanding unresolved private sector pending
charges and public sector hearings.
Public Comment on EEOC Guidance.--The Committee is
concerned that as the EEOC conducts its business in protecting
against employment discrimination, its guidance proposals can
be adopted without the opportunity of public input prior to
implementation and enforcement. Therefore, if requested by at
least two Commissioners, the EEOC shall make any new guidance
available for public comment in the Federal Register for not
less than 30 days prior to taking any potential action on
proposed guidance.
State and Local Enforcement Assistance.--The Committee
recommends up to $29,500,000 to assist State and local
enforcement agencies. This will help ensure that EEOC provides
adequate resources to its State partners.
International Trade Commission
SALARIES AND EXPENSES
Appropriations, 2017.................................... $91,500,000
Budget estimate, 2018................................... 87,615,000
Committee recommendation................................ 91,500,000
The Committee's recommendation provides $91,500,000. The
recommendation is equal to the fiscal year 2017 enacted level
and is $3,885,000 above the budget request.
The International Trade Commission [ITC] is an independent,
quasi-judicial agency responsible for conducting trade-related
investigations and providing Congress and the President with
independent technical advice related to U.S. international
trade policy. The Committee reminds the administration and the
Office of Management and Budget that Congress granted ITC
specific bypass authority for submitting its budget estimate to
the Legislative Branch, pursuant to section 175 of the Trade
Act of 1974. Therefore, all future budget estimates for ITC
should be transmitted to Congress without revision by the
President, pursuant to such act.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
Appropriations, 2017.................................... $385,000,000
Budget estimate, 2018................................... 33,000,000
Committee recommendation................................ 385,000,000
The Committee's recommendation rejects the proposal to
terminate the payment to the Legal Services Corporation [LSC]
and provides $385,000,000 for payment to the LSC. The
recommendation is the same as the fiscal year 2017 enacted
level and $352,000,000 above the President's budget request.
The Committee's recommendation provides $352,000,000 for
basic field programs, to be used for competitively awarded
grants and contracts; $19,000,000 for management and
administration; $4,000,000 for client self-help and information
technology; $5,000,000 for the Office of the Inspector General
[OIG]; $1,000,000 for loan repayment assistance; and $4,000,000
for the LSC's Pro Bono Innovation Fund.
Governance and Management.--The LSC must continue to
improve its governance and management in order to further
restore the transparency of the organization and direct
additional funds into legal aid, where resources are
desperately needed. The Committee expects the Inspector General
of the LSC to continue conducting annual audits of LSC grantees
to ensure that funds are not being used in contravention of the
restrictions by which LSC grantees are required to abide.
Pro Bono Innovation Fund.--The Committee's recommendation
provides no less than $4,000,000 to continue the Pro Bono
Innovation Fund. This fund will support innovative projects
that promote and enhance pro bono initiatives throughout the
Nation, as well as leverage Federal dollars to increase free
legal aid for low-income Americans by engaging private
attorneys.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The Committee's recommendation continues the administrative
provisions contained in the fiscal year 1998 appropriations act
(Public Law 105-119) regarding operation of this program to
provide basic legal services to disadvantaged individuals and
the restrictions on the use of LSC funds.
LSC funds cannot be used to engage in litigation and
related activities with respect to a variety of matters
including: (1) redistricting; (2) class action suits; (3)
representation of illegal aliens; (4) political activities; (5)
abortion; (6) prisoner litigation; (7) welfare reform; (8)
representation of charged drug dealers during eviction
proceedings; and (9) solicitation of clients. The exception to
the restrictions occurs in a case where there is imminent
threat of physical harm to the client or prospective client.
Marine Mammal Commission
SALARIES AND EXPENSES
Appropriations, 2017.................................... $3,431,000
Budget estimate, 2018................................... 2,449,000
Committee recommendation................................ 3,431,000
The Committee rejects the proposed elimination of the
Marine Mammal Commission and instead provides $3,431,000. The
recommendation is equal to the fiscal year 2017 enacted level
and $982,000 above the budget request.
The Marine Mammal Commission and its Committee of
Scientific Advisors on Marine Mammals provide oversight and
recommend actions on domestic and international topics to
advance policies and provisions of the Marine Mammal Protection
Act. The Commission provides precise, up-to-date scientific
information to Congress on issues related to the safety of
marine mammals.
Office of the United States Trade Representative
SALARIES AND EXPENSES
Appropriations, 2017.................................... $62,000,000
Budget estimate, 2018................................... 57,600,000
Committee recommendation................................ 57,600,000
The Committee's recommendation provides $57,600,000 for the
Office of the United States Trade Representative [USTR]. The
recommendation is $4,400,000 below the fiscal year 2017 enacted
level and equal to the budget request. The agreement provides
up to $10,000,000 in funding for enforcement of trade
agreements and other activities outlined in the Trade
Facilitation and Trade Enforcement Act of 2015 (19 U.S.C.
4405), subject to reprogramming requirements. USTR is
responsible for developing and leading international
negotiations for the United States on policies regarding
international trade, direct investment, and commodities. Its
areas of responsibility include all matters relating to the
World Trade Organization; trade, commodity, and direct
investment matters dealt with by certain international
institutions; industrial, agricultural, and services trade
policy; and trade-related protection of intellectual property
and the environment.
Within funds provided, the Committee continues to support
USTR's accepting full financial responsibilities of the
Interagency Center on Trade Implementation, Monitoring, and
Enforcement (formerly named the Interagency Trade Enforcement
Center) in fiscal year 2018.
De minimis thresholds.--The Committee recognizes that the
current disparity in de minimis thresholds have a
disproportionate impact on small businesses, who often take
advantage of e-commerce to send low-value shipments to
customers in foreign countries. USTR is encouraged to consider
these impacts when negotiating with trading partners to address
excessively low de minimis thresholds.
Economy Act Transfers.--USTR is directed to continue
isolating Economy Act payments as individual transfers and to
submit documentation of and justification for all Economy Act
transfers, regardless of amount, to and from other Federal
agencies, to the Committees not less than 15 days before such
transfers of sums are made.
Travel.--USTR is directed to provide monthly travel reports
detailing all trips outside of the United States, including the
purposes and costs of such trips. Additionally, USTR shall
continue to provide the Committee with quarterly reports
outlining the status of ongoing trade negotiations, enforcement
activities, and objectives achieved for existing trade
agreements.
State Justice Institute
SALARIES AND EXPENSES
Appropriations, 2017.................................... $5,121,000
Budget estimate, 2018................................... 5,111,000
Committee recommendation................................ 5,121,000
The Committee's recommendation provides $5,121,000 for the
State Justice Institute. The recommendation is the same as the
fiscal year 2017 enacted level and $10,000 above the budget
request.
The Institute was created in 1984 to further the
development and adoption of improved judicial administration in
State courts.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the following general provisions
for the departments, agencies and commissions funded in the
accompanying act. Similar provisions were included in the
fiscal year 2017 act.
Section 501 prohibits the use of appropriations for certain
publicity and propaganda purposes.
Section 502 prohibits any appropriations contained in this
act from remaining available for obligation beyond the current
fiscal year unless expressly provided.
Section 503 limits funds for certain consulting purposes.
Section 504 provides that, should any provision of the act
be held to be invalid, the remainder of the act would not be
affected.
Section 505 stipulates the policy and procedures by which
funding available to the agencies funded under this act may be
reprogrammed for other purposes.
Section 506 provides for a penalty for persons found to
have falsely mislabeled products.
Section 507 requires agencies to provide quarterly reports
to the Appropriations Committees regarding unobligated
balances.
Section 508 requires agencies and departments funded in
this act to absorb any necessary costs related to downsizing or
consolidation within the amounts provided to the agency or
department.
Section 509 limits funds for the sale or export of tobacco
or tobacco products.
Section 510 stipulates obligation of receipts and the use
of certain funds for victim services available under the Crime
Victims Fund.
Of the funds set aside for Indian tribes, the Committee
expects that the Office for Victims of Crime [OVC] will award
such funds to Indian tribes that have not been designated high-
risk grantees by the Department of Justice and that comply with
grant application requirements. OVC is expected to provide
instructional model grant applications and other guidance to
aid tribes in preparing grant applications. Grant-receiving
tribes will need to certify that grant funds will not be used
to supplant funds otherwise available for tribal victim
assistance so that OVC can ensure grant accountability and that
grants are being used effectively to improve services for
tribal victims of crime.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against, denigrate, or
otherwise undermine the religious beliefs of students
participating in such programs.
Section 512 limits transfers of funds between agencies.
Section 513 expedites a program for monitoring imported
seafood.
Section 514 requires the Inspectors General of the
Departments of Commerce and Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation to conduct reviews of activities
funded in this act and requires certifications regarding
conflicts of interest.
Section 515 prohibits funds for information technology
acquisitions unless the acquiring department or agency has
assessed the supply chain risk of the technology, including
risks from technology originating in China, Russia, Iran, and
North Korea.
Section 516 prohibits the use of funds to support or
justify the use of torture.
Section 517 limits funds pertaining to certain activities
related to the export of firearms.
Section 518 limits funds that would deny permits to import
certain products.
Section 519 prohibits funds for activities that seek to
include certain language in new trade agreements.
Section 520 prohibits funds to authorize a national
security letter in contravention of the statutes authorizing
the FBI to issue national security letters.
Section 521 requires notification to the Committees in the
event of cost overruns.
Section 522 authorizes funds appropriated for intelligence
activities for the Department of Justice during fiscal year
2018 until the enactment of the Intelligence Authorization Act
for Fiscal Year 2018.
Section 523 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee has
certified in writing that he or she has filed all Federal tax
returns, has not been convicted of a criminal offense under the
IRS Code of 1986, and has no unpaid Federal tax assessment.
Section 524 specifies rescissions of prior appropriations.
Section 525 prohibits the use of funds to purchase first
class or premium airline travel in contravention of current
regulations and improves reporting.
Section 526 prohibits the use of funds to pay for the
attendance of more than 50 employees at any single conference
outside the United States and limits the cost of any such
conference incurred by an agency.
Section 527 prohibits the use of funds in this act for the
transfer or release of certain individuals detained at Naval
Station, Guantanamo Bay, Cuba, to or within the United States,
its territories or possessions.
Section 528 prohibits the use of funds in this 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 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 agencies funded in this act to report
on undisbursed balances.
Section 530 prohibits the use of funds 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 or effectuate
the hosting of official Chinese visitors at certain facilities
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 531 prohibits funds made available by this act from
being used to deny the importation of certain shotgun models.
Section 532 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement purposes.
Section 533 requires departments and agencies funded in
this bill to submit spending plans to the House and Senate
Appropriations Committees within 45 days of enactment of this
act.
Section 534 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 535 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract. The Committee directs any head of any executive
branch department, agency, board, commission, or office funded
by this act to require that all contracts within their purview
that provide award fees to link such fees to successful
acquisition outcomes, specifying the terms of cost, schedule,
and performance.
Section 536 prohibits the use of funds by the Department of
Justice to prevent States from implementing laws related to a
certain section of the Agricultural Act of 2014.
Section 537 prioritizes the obligation of funds within the
National Oceanic and Atmospheric Administration.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Rule XVI, paragraph 7 requires that every report on a
general appropriation bill filed by the Committee must identify
items of appropriation not made to carry out the provisions of
an existing law, a treaty stipulation, or an act or resolution
previously passed by the Senate during that session.
The Committee recommends funding for the following programs
or activities that currently lack an authorization for fiscal
year 2018, either in whole or in part, and therefore fall under
this rule:
APPROPRIATIONS NOT AUTHORIZED BY LAW--FISCAL YEAR 2018
------------------------------------------------------------------------
Last year of
Agency/program authorization
------------------------------------------------------------------------
Department of Commerce:
International Trade Administration:
Export Promotion................................ 1996
Bureau of Industry and Security:
Export Administration........................... 2001
Economic Development Administration:
Salaries and Expenses........................... 2008
Economic Development Assistance Programs:
Public Works and Economic Development....... 2008
Bureau of the Census:
Salaries and Expenses........................... 2015
National Telecommunications and Information
Administration:
Salaries and Expenses........................... 1993
National Institute of Standards and Technology:
Scientific and Technical Research and Services.. 2013
Industrial Technology Services.................. 2013
Construction of Research Facilities............. 2013
National Oceanic and Atmospheric Administration:
Operations, Research, and Facilities:
National Ocean Service:
Coral Reef Conservation................. 2004
Hydrographic Services................... 2007
Coastal Zone Management................. 1999
Marine Protection, Research, 2005
Preservation & Sanctuaries.............
National Marine Fisheries Service:
Endangered Species Act Amendment........ 1992
Marine Mammal Protection................ 1999
NOAA Marine Fisheries Program........... 2000
Interjurisdictional Fisheries........... 2012
Magnuson-Stevens Fishery Conservation 2013
and Management.........................
Estuary Restoration..................... 2012
Oceanic and Atmospheric Research:
National Sea Grant College Program...... 2008
Procurement, Acquisition and Construction:
National Ocean Service:
Marine Protection, Research, 2005
Preservation & Sanctuaries.............
Department of Justice:
General Administration:
Salaries and Expenses........................... 2009
Justice Information Sharing Technology.......... 2009
Administrative Review & Appeals:
Salaries and Expenses........................... 2009
Office of Inspector General:
Salaries and Expenses........................... 2009
U.S. Parole Commission:
Salaries and Expenses........................... 2009
Legal Activities:
General Legal Activities:
Salaries and Expenses....................... 2009
Antitrust Division:
Salaries and Expenses....................... 2009
U.S. Attorneys:
Salaries and Expenses....................... 2009
Foreign Claims Settlement Commission:
Salaries and Expenses....................... 2009
Fees and Expenses of Witnesses.................. 2009
Community Relations Service:
Salaries and Expenses....................... 2009
Assets Forfeiture Fund Current Budget Authority. 2009
U.S. Marshals Service............................... 2009
Salaries and Expenses........................... N/A
Federal Prison Detention........................ N/A
Construction.................................... N/A
National Security Division:
Salaries and Expenses........................... N/A
Interagency Law Enforcement:
Interagency Crime and Drug Enforcement.......... 2009
Federal Bureau of Investigation..................... 2009
Salaries and Expenses........................... N/A
Construction.................................... N/A
Drug Enforcement Administration:
Salaries and Expenses........................... 2009
Bureau of Alcohol, Tobacco, Firearms and Explosives:
Salaries and Expenses........................... 2009
Federal Prison System............................... 2009
Salaries and Expenses........................... N/A
Buildings and Facilities........................ N/A
Office on Violence Against Women Programs:
National Institute of Justice Research and N/A
Evaluation on Violence Against Women...........
Consolidated Youth Oriented Program............. N/A
Homicide Reduction Initiative............... N/A
Research--Violence Against Indian Women......... 2015
Sexual Assault in Indian Country Clearinghouse.. N/A
Office of Justice Programs:
Research, Evaluation, and Statistics:
National Institute of Justice............... 1995
Bureau of Justice Statistics................ 1995
State and Local Law Enforcement Assistance:
Byrne Memorial Justice Assistance Grants........ 2012
Body-Worn Camera Partnership................ N/A
VALOR Initiative............................ N/A
Smart Policing.............................. N/A
Smart Prosecution........................... N/A
John R. Justice Grant Program................... 2014
Byrne Criminal Justice Innovation Program....... N/A
Adam Walsh Act.................................. 2009
State Criminal Alien Assistance Program......... 2011
Residential Substance Abuse Treatment........... 2000
Drug Courts..................................... 2008
Economic, High Tech, White Collar and Cybercrime N/A
Prevention.....................................
Second Chance Act/Offender Reentry.............. 2010
Smart Probation............................. N/A
Children of Incarcerated Parents Demo Grants N/A
Pay for Success (Discretionary)............. N/A
Pay for Success (Permanent Supportive N/A
Housing Model).............................
Violent Gang and Gun Crime Reduction............ N/A
National Sex Offender Website................... N/A
National Instant Criminal Background Check 2013
System (NICS)..................................
Criminal Records Upgrade (NCHIP)................ 2007
Veterans Treatment Courts Program............... N/A
Rape Kit Backlog................................ N/A
Justice Reinvestment Initiative................. N/A
Project HOPE Opportunity Probation with N/A
Enforcement....................................
Comprehensive School Safety Initiative.......... N/A
Juvenile Justice Programs:
Part B--State Formula........................... 2007
Emergency Planning in Juvenile Justice N/A
Facilities.................................
Title V--Local Delinquency Prevention Incentive 2008
Grants.........................................
Gang/Youth Violence Education and Prevention N/A; 2007
Community-Based Violence Prevention Initiatives. N/A; 2007
Missing and Exploited Children Programs......... 2004; 2018;
2018
Competitive Grants for Girls in the Justice N/A; 2007
System.........................................
Children of Incarcerated Parents Web Portal..... N/A
COPS Programs:
COPS Hiring Program............................. 2009
Regional Information Sharing Activities......... 2003
Anti-Methamphetamine Task Forces................ N/A
Anti-Heroin Task Forces......................... N/A
National Aeronautics and Space Administration:
Science............................................. 2017
Aeronautics......................................... 2017
Exploration......................................... 2017
Space Operations.................................... 2017
Education........................................... 2017
Safety, Security and Mission Services............... 2017
Construction and Environmental Compliance and 2017
Restoration........................................
Office of the Inspector General..................... 2017
National Science Foundation............................. 2013
Related Agencies:
U.S. Equal Employment Opportunity Commission:
Salaries and Expenses........................... 2000
Commission on Civil Rights:
Salaries and Expenses........................... 1995
International Trade Commission:
Salaries and Expenses........................... 2004
Payment to the Legal Services Corporation:
Salaries and Expenses........................... 1980
Marine Mammal Commission:
Salaries and Expenses........................... 1999
Office of the U.S. Trade Representative:
Salaries and Expenses........................... 2004
State Justice Institute:
Salaries and Expenses........................... 2008
------------------------------------------------------------------------
\1\NOAA authorizations are spread across over 60 separate statutory
authorities. In many cases, the authorizations do not match exactly to
specific programs.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on July 27, 2017,
the Committee ordered favorably reported a bill (S. 1662)
making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2018, and for other purposes, provided,
that the bill be subject to amendment and that the bill be
consistent with the subcommittee funding guidance, and provided
that the Chairman of the Committee or his designee be
authorized to offer the substance of the original bill as a
Committee amendment in the nature of a substitute to the House
companion measure, by a recorded vote of 30-1, a quorum being
present. The vote was as follows:
Yeas Nays
Chairman Cochran Mr. Lankford
Mr. McConnell
Mr. Shelby
Mr. Alexander
Ms. Collins
Ms. Murkowski
Mr. Graham
Mr. Blunt
Mr. Moran
Mr. Hoeven
Mr. Boozman
Mrs. Capito
Mr. Daines
Mr. Kennedy
Mr. Rubio
Mr. Leahy
Mrs. Murray
Mrs. Feinstein
Mr. Durbin
Mr. Reed
Mr. Tester
Mr. Udall
Mrs. Shaheen
Mr. Merkley
Mr. Coons
Mr. Schatz
Ms. Baldwin
Mr. Murphy
Mr. Manchin
Mr. Van Hollen
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of the rule XXVI requires that Committee
reports on a bill or joint resolution repealing or amending any
statute or part of any statute include ``(a) the text of the
statute or part thereof which is proposed to be repealed; and
(b) a comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which would
be made by the bill or joint resolution if enacted in the form
recommended by the Committee.''
In compliance with this rule, no changes to existing law
are displayed because this bill proposes no changes.
------
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
-------------------------------------------------------
Committee Amount in Committee Amount in
guidance\1\ bill guidance\1\ bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
guidance to its subcommittees of amounts for 2018:
Subcommittee on Commerce, Justice, Science, and Related
Agencies:
Mandatory........................................... 339 339 350 \2\350
Discretionary....................................... 53,366 53,366 64,701 \2\64,701
Security........................................ 5,266 5,266 NA NA
Nonsecurity..................................... 48,100 48,100 NA NA
Projection of outlays associated with the
recommendation:
2018................................................ ............ ............ ............ \3\42,284
2019................................................ ............ ............ ............ 13,399
2020................................................ ............ ............ ............ 3,484
2021................................................ ............ ............ ............ 1,407
2022 and future years............................... ............ ............ ............ 4,383
Financial assistance to State and local governments for NA -9,015 NA \3\-291
2018...................................................
----------------------------------------------------------------------------------------------------------------
\1\There is no section 302(a) allocation to the Committee on Appropriations for fiscal year 2018.
\2\Includes outlays from prior-year budget authority.
\3\Excludes outlays from prior-year budget authority.
NA: Not applicable.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2017 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2018
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2017 Budget estimate Committee -----------------------------------
appropriation recommendation 2017
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE I--DEPARTMENT OF COMMERCE
International Trade Administration
Operations and administration................................. 495,000 455,500 495,000 ................ +39,500
Offsetting fee collections.................................... -12,000 -13,000 -13,000 -1,000 ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................... 483,000 442,500 482,000 -1,000 +39,500
Bureau of Industry and Security
Operations and administration................................. 76,500 75,500 74,500 -2,000 -1,000
Defense function.......................................... 36,000 38,000 38,000 +2,000 ................
-----------------------------------------------------------------------------------------
Total, Bureau of Industry and Security.................. 112,500 113,500 112,500 ................ -1,000
=========================================================================================
Economic Development Administration
Economic development assistance programs...................... 237,000 ................ 215,000 -22,000 +215,000
Salaries and expenses......................................... 39,000 30,000 39,000 ................ +9,000
-----------------------------------------------------------------------------------------
Total, Economic Development Administration.............. 276,000 30,000 254,000 -22,000 +224,000
=========================================================================================
Minority Business Development Agency
Minority business development................................. 34,000 6,000 34,000 ................ +28,000
Bureau of Economic Analysis
Salaries and expenses......................................... 107,300 97,000 99,000 -8,300 +2,000
Bureau of the Census
Current surveys and programs.................................. 270,000 246,000 270,000 ................ +24,000
Periodic censuses and programs................................ 1,200,000 1,251,000 1,251,000 +51,000 ................
-----------------------------------------------------------------------------------------
Total, Bureau of the Census............................. 1,470,000 1,497,000 1,521,000 +51,000 +24,000
=========================================================================================
National Telecommunications and Information Administration
Salaries and expenses......................................... 32,000 36,000 32,000 ................ -4,000
United States Patent and Trademark Office
Salaries and expenses, current year fee funding............... 3,230,000 3,500,000 3,500,000 +270,000 ................
Offsetting fee collections.................................... -3,230,000 -3,500,000 -3,500,000 -270,000 ................
-----------------------------------------------------------------------------------------
Total, United States Patent and Trademark Office........ ................ ................ ................ ................ ................
=========================================================================================
National Institute of Standards and Technology
Scientific and technical research and services................ 690,000 600,000 695,000 +5,000 +95,000
Industrial technology services................................ 153,000 21,000 145,000 -8,000 +124,000
Adjustment for prior year recoveries...................... (-2,000) ................ ................ (+2,000) ................
Manufacturing extension partnerships...................... (130,000) (6,000) (130,000) ................ (+124,000)
National network for manufacturing innovation............. (25,000) (15,000) (15,000) (-10,000) ................
Construction of research facilities........................... 109,000 104,000 104,000 -5,000 ................
Working Capital Fund (by transfer)............................ (9,000) (9,000) (9,000) ................ ................
-----------------------------------------------------------------------------------------
Total, National Institute of Standards and Technology... 952,000 725,000 944,000 -8,000 +219,000
=========================================================================================
National Oceanic and Atmospheric Administration
Operations, research, and facilities.......................... 3,367,875 2,965,549 3,416,401 +48,526 +450,852
(By transfer)............................................. (130,164) (144,000) (144,000) (+13,836) ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 3,367,875 2,965,549 3,416,401 +48,526 +450,852
Procurement, acquisition and construction..................... 2,242,610 1,807,801 2,111,534 -131,076 +303,733
Pacific coastal salmon recovery............................... 65,000 ................ 65,000 ................ +65,000
Fishermen's Contingency Fund.................................. 350 349 349 -1 ................
Fisheries Finance Program Account............................. -410 -3,000 -3,000 -2,590 ................
-----------------------------------------------------------------------------------------
Total, National Oceanic and Atmospheric Administration.. 5,675,425 4,770,699 5,590,284 -85,141 +819,585
=========================================================================================
Departmental Management
Salaries and expenses......................................... 58,000 63,000 58,000 ................ -5,000
Renovation and modernization.................................. 4,000 1,000 1,000 -3,000 ................
Office of Inspector General................................... 32,744 32,000 32,744 ................ +744
-----------------------------------------------------------------------------------------
Total, Departmental Management.......................... 94,744 96,000 91,744 -3,000 -4,256
=========================================================================================
Total, title I, Department of Commerce.................. 9,236,969 7,813,699 9,160,528 -76,441 +1,346,829
(By transfer)....................................... 139,164 153,000 153,000 +13,836 ................
=========================================================================================
TITLE II--DEPARTMENT OF JUSTICE
General Administration
Salaries and expenses......................................... 114,124 114,000 114,000 -124 ................
Justice information sharing technology........................ 31,000 30,941 30,941 -59 ................
-----------------------------------------------------------------------------------------
Total, General Administration........................... 145,124 144,941 144,941 -183 ................
=========================================================================================
Administrative review and appeals............................. ................ 505,367 ................ ................ -505,367
Executive Office for Immigration Review....................... 440,000 ................ 500,397 +60,397 +500,397
Transfer from immigration examinations fee account........ -4,000 -4,000 -4,000 ................ ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 436,000 501,367 496,397 +60,397 -4,970
Office of Inspector General................................... 95,583 95,328 96,500 +917 +1,172
United States Parole Commission
Salaries and expenses......................................... 13,308 13,283 13,308 ................ +25
Legal Activities
Salaries and expenses, general legal activities............... 897,500 899,000 897,500 ................ -1,500
Vaccine Injury Compensation Trust Fund........................ 10,000 9,340 10,000 ................ +660
Salaries and expenses, Antitrust Division..................... 164,977 164,663 164,977 ................ +314
Offsetting fee collections--current year.................. -125,000 -126,000 -126,000 -1,000 ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 39,977 38,663 38,977 -1,000 +314
Salaries and expenses, United States Attorneys................ 2,035,000 2,057,252 2,057,252 +22,252 ................
United States Trustee System Fund............................. 225,908 225,479 225,908 ................ +429
Offsetting fee collections................................ -163,000 -135,000 -135,000 +28,000 ................
New fees (Sec. 218) (legislative proposal)................ ................ -150,000 ................ ................ +150,000
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 62,908 -59,521 90,908 +28,000 +150,429
Salaries and expenses, Foreign Claims Settlement Commission... 2,374 2,409 2,409 +35 ................
Fees and expenses of witnesses................................ 270,000 270,000 270,000 ................ ................
Salaries and expenses, Community Relations Service............ 15,500 14,419 15,500 ................ +1,081
Assets Forfeiture Fund........................................ 20,514 21,475 20,514 ................ -961
-----------------------------------------------------------------------------------------
Total, Legal Activities................................. 3,353,773 3,253,037 3,403,060 +49,287 +150,023
=========================================================================================
United States Marshals Service
Salaries and expenses......................................... 1,249,040 1,252,000 1,270,000 +20,960 +18,000
Construction.................................................. 10,000 14,971 14,971 +4,971 ................
Federal Prisoner Detention.................................... 1,454,414 1,536,000 1,536,000 +81,586 ................
-----------------------------------------------------------------------------------------
Total, United States Marshals Service................... 2,713,454 2,802,971 2,820,971 +107,517 +18,000
=========================================================================================
National Security Division
Salaries and expenses......................................... 96,000 101,031 101,031 +5,031 ................
Interagency Law Enforcement
Interagency Crime and Drug Enforcement........................ 517,000 526,000 517,000 ................ -9,000
Federal Bureau of Investigation
Salaries and expenses......................................... 3,556,853 3,538,751 3,582,853 +26,000 +44,102
Counterintelligence and national security................. 5,210,348 5,183,831 5,249,348 +39,000 +65,517
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses......................... 8,767,201 8,722,582 8,832,201 +65,000 +109,619
Construction.................................................. 420,178 51,895 155,000 -265,178 +103,105
Transfer from available balances of Working Capital Fund.. -181,000 ................ ................ +181,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Construction.................................. 239,178 51,895 155,000 -84,178 +103,105
-----------------------------------------------------------------------------------------
Total, Federal Bureau of Investigation.................. 9,006,379 8,774,477 8,987,201 -19,178 +212,724
=========================================================================================
Drug Enforcement Administration
Salaries and expenses......................................... 2,485,638 2,583,625 2,535,351 +49,713 -48,274
Diversion control fund.................................... -382,662 -419,574 -419,574 -36,912 ................
-----------------------------------------------------------------------------------------
Total, Drug Enforcement Administration.................. 2,102,976 2,164,051 2,115,777 +12,801 -48,274
=========================================================================================
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and expenses......................................... 1,258,600 1,273,776 1,273,776 +15,176 ................
Federal Prison System
Salaries and expenses......................................... 7,008,800 7,085,248 7,080,248 +71,448 -5,000
Buildings and facilities...................................... 130,000 113,000 60,000 -70,000 -53,000
Limitation on administrative expenses, Federal Prison 2,700 2,695 2,700 ................ +5
Industries, Incorporated.....................................
-----------------------------------------------------------------------------------------
Total, Federal Prison System............................ 7,141,500 7,200,943 7,142,948 +1,448 -57,995
=========================================================================================
State and Local Law Enforcement Activities
Office on Violence Against Women:
Prevention and prosecution programs....................... 155,500 35,000 104,500 -51,000 +69,500
(By transfer)......................................... (326,000) (445,000) (379,000) (+53,000) (-66,000)
Office of Justice Programs:
Research, evaluation and statistics....................... 89,000 111,000 85,000 -4,000 -26,000
State and local law enforcement assistance................ 1,258,500 867,500 1,171,000 -87,500 +303,500
Edward Byrne Memorial Grants (Public Law 114-254, Div 7,000 ................ ................ -7,000 ................
A, Sec. 154).........................................
(By transfer)......................................... ................ (73,000) ................ ................ (-73,000)
Juvenile justice programs................................. 247,000 137,500 260,000 +13,000 +122,500
(By transfer)......................................... ................ (92,000) ................ ................ (-92,000)
Public safety officer benefits:
Death benefits........................................ 73,000 92,000 92,000 +19,000 ................
Disability and education benefits..................... 16,300 16,300 16,300 ................ ................
-----------------------------------------------------------------------------------------
Subtotal............................................ 89,300 108,300 108,300 +19,000 ................
-----------------------------------------------------------------------------------------
Total, Office of Justice Programs................... 1,690,800 1,224,300 1,624,300 -66,500 +400,000
=========================================================================================
Community Oriented Policing Services:
COPS programs............................................. 221,500 218,000 226,500 +5,000 +8,500
-----------------------------------------------------------------------------------------
Total, State and Local Law Enforcement Activities....... 2,067,800 1,477,300 1,955,300 -112,500 +478,000
=========================================================================================
Total, title II, Department of Justice.................. 28,947,497 28,328,505 29,068,210 +120,713 +739,705
=========================================================================================
TITLE III--SCIENCE
Office of Science and Technology Policy....................... 5,555 5,544 5,544 -11 ................
National Aeronautics and Space Administration
Science....................................................... 5,764,900 5,711,800 5,571,800 -193,100 -140,000
Aeronautics................................................... 660,000 624,000 650,000 -10,000 +26,000
Space technology.............................................. 686,500 678,600 700,000 +13,500 +21,400
Exploration................................................... 4,324,000 3,934,097 4,395,000 +71,000 +460,903
Space operations.............................................. 4,950,700 4,740,803 4,751,500 -199,200 +10,697
Education..................................................... 100,000 37,300 100,000 ................ +62,700
Safety, security and mission services......................... 2,768,600 2,830,200 2,826,900 +58,300 -3,300
Construction and environmental compliance and restoration..... 360,700 496,100 496,100 +135,400 ................
Office of Inspector General................................... 37,900 39,300 38,000 +100 -1,300
-----------------------------------------------------------------------------------------
Total, National Aeronautics and Space Administration.... 19,653,300 19,092,200 19,529,300 -124,000 +437,100
=========================================================================================
National Science Foundation
Research and related activities............................... 5,966,125 5,290,650 5,846,803 -119,322 +556,153
Defense function.......................................... 67,520 71,000 71,000 +3,480 ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 6,033,645 5,361,650 5,917,803 -115,842 +556,153
Major research equipment and facilities construction.......... 209,000 182,800 182,800 -26,200 ................
Education and human resources................................. 880,000 760,550 862,400 -17,600 +101,850
Agency operations and award management........................ 330,000 328,510 328,510 -1,490 ................
Office of the National Science Board.......................... 4,370 4,370 4,370 ................ ................
Office of Inspector General................................... 15,200 15,008 15,200 ................ +192
-----------------------------------------------------------------------------------------
Total, National Science Foundation...................... 7,472,215 6,652,888 7,311,083 -161,132 +658,195
=========================================================================================
Total, title III, Science............................... 27,131,070 25,750,632 26,845,927 -285,143 +1,095,295
=========================================================================================
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
Salaries and expenses......................................... 9,200 9,183 9,200 ................ +17
Equal Employment Opportunity Commission
Salaries and expenses......................................... 364,500 363,807 364,500 ................ +693
International Trade Commission
Salaries and expenses......................................... 91,500 87,615 91,500 ................ +3,885
Legal Services Corporation
Payment to the Legal Services Corporation..................... 385,000 33,000 385,000 ................ +352,000
Marine Mammal Commission
Salaries and expenses......................................... 3,431 2,449 3,431 ................ +982
Office of the U.S. Trade Representative
Salaries and expenses......................................... 62,000 57,600 57,600 -4,400 ................
Trade Enforcement Trust Fund (non-add)........................ (15,000) ................ (10,000) (-5,000) (+10,000)
State Justice Institute
Salaries and expenses......................................... 5,121 5,111 5,121 ................ +10
=========================================================================================
Total, title IV, Related Agencies....................... 920,752 558,765 916,352 -4,400 +357,587
=========================================================================================
TITLE V--GENERAL PROVISIONS
DOC National Oceanic and Atmospheric Administration, -18,000 ................ -20,000 -2,000 -20,000
Operations, Research and Facilities (rescission).............
DOC National Oceanic and Atmospheric Administration, -5,000 ................ ................ +5,000 ................
Procurement Acquisition and Construction (rescission)........
Economic development assistance programs (rescission)......... -10,000 -47,000 -15,000 -5,000 +32,000
DOJ, Working Capital Fund (rescission)........................ -300,000 -144,768 -399,627 -99,627 -254,859
DOJ, Assets Forfeiture Fund (rescission, temporary)........... -302,000 ................ -152,000 +150,000 -152,000
DOJ, Assets Forfeiture Fund (rescission, permanent)........... -201,196 -304,000 -152,000 +49,196 +152,000
FBI, Salaries and expenses:
(Fees) nondefense (rescission)............................ -56,798 -79,111 ................ +56,798 +79,111
(Fees) defense (rescission)............................... -83,202 -115,889 ................ +83,202 +115,889
Nondefense (rescission)................................... -20,934 ................ -63,042 -42,108 -63,042
Defense (rescission)...................................... -30,666 ................ -92,348 -61,682 -92,348
Federal Prisoner Detention (rescission)....................... -24,000 ................ ................ +24,000 ................
DOJ, Drug Enforcement Administration (rescission)............. -12,092 ................ ................ +12,092 ................
DOJ, Federal Prison System, Buildings and facilities -3,400 -444,000 ................ +3,400 +444,000
(rescission).................................................
Violence against women prevention and prosecution programs -10,000 -15,000 -15,000 -5,000 ................
(rescission).................................................
Office of Justice programs (rescission)....................... -50,000 -40,000 -50,000 ................ -10,000
Crime Victims Fund (rescission)............................... ................ -1,310,000 ................ ................ +1,310,000
COPS (rescission)............................................. -15,000 -10,000 -10,000 +5,000 ................
NASA Emergency Repairs (emergency)............................ 109,000 ................ ................ -109,000 ................
Emergency Law Enforcement Assistance.......................... 15,000 ................ ................ -15,000 ................
=========================================================================================
Total, title V, General Provisions...................... -1,018,288 -2,509,768 -969,017 +49,271 +1,540,751
=========================================================================================
Grand total............................................. 65,218,000 59,941,833 65,022,000 -196,000 +5,080,167
Appropriations...................................... (66,251,288) (62,451,601) (65,991,017) (-260,271) (+3,539,416)
Rescissions......................................... (-1,142,288) (-2,509,768) (-969,017) (+173,271) (+1,540,751)
Emergency appropriations............................ (109,000) ................ ................ (-109,000) ................
(By transfer)........................................... (465,164) (763,000) (532,000) (+66,836) (-231,000)
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[all]