[House Report 114-605]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-605
======================================================================
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL,
2017
_______
June 7, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Culberson, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5393]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for Commerce, Justice, Science, and Related
Agencies for the fiscal year ending September 30, 2017, and for
other purposes.
INDEX TO BILL AND REPORT
Page number
Bill Report
Title I--Department of Commerce............................ 2
5
Title II--Department of Justice............................ 23
29
Title III--Science......................................... 58
54
Office of Science and Technology Policy............ 58
54
National Aeronautics and Space Administration...... 58
55
National Science Foundation........................ 66
68
Title IV--Related Agencies................................. 70
72
Commission on Civil Rights......................... 70
72
Equal Employment Opportunity Commission............ 71
72
International Trade Commission..................... 72
72
Legal Services Corporation......................... 72
72
Marine Mammal Commission........................... 73
73
Office of the United States Trade Representative... 74
73
State Justice Institute............................ 74
74
Title V--General Provisions................................ 76
74
House of Representatives Reporting Requirements............
78
Minority Views.............................................
119
Highlights of the Bill
The Commerce, Justice, Science, and Related Agencies
Subcommittee has jurisdiction over a diverse group of agencies
responsible for combating gangs, violent crime, drug
trafficking, financial fraud, terrorism, espionage, and
cybercrime; enforcing trade laws; conducting periodic censuses;
forecasting the weather; managing fisheries; exploring space;
and advancing science. The activities of these agencies impact
nearly every American and are integral to the operations of our
government.
The bill provides a total of $56,001,000,000 in
discretionary budget authority for fiscal year 2017, which is
$279,000,000 or 0.5 percent above the fiscal year 2016
discretionary enacted level.
The bill provides $1,374,651,000 above the Administration's
discretionary budget request. The funds above the
Administration's request are necessary to address operational
shortfalls left by the budget request proposal to fund the
operations of the Federal government with over $3.8 billion in
new unauthorized mandatory spending. The Administration also
proposed increasing the savings applied to the bill from
changes in mandatory programs by more than $1.8 billion over
fiscal year 2016. The bill rejects these new mandatory funding
gimmicks.
Within the level of funds provided, the bill prioritizes
funding for Federal law enforcement, national security, and the
National Aeronautics and Space Administration (NASA) while
freezing, reducing, or eliminating funding for non-critical
activities.
For the Department of Justice, the bill provides an
increase of $346,650,000 from the current year. This includes
an increase of $279,098,000 for the Federal Bureau of
Investigation (FBI) to enhance its efforts to combat
cybercrime, terrorism, and espionage. The recommendation
includes an increase of $34,859,000 to the Executive Office for
Immigration Review for 25 additional Immigration Judge teams to
markedly reduce case backlogs. The bill also supports the
continued operations of critical Federal law enforcement
agencies including the United States Marshals Service, the
United States Attorneys, the Drug Enforcement Administration
(DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives,
and the Bureau of Prisons. For State and local law enforcement
activities, the bill increases funds for Violence Against Women
Prevention and Prosecutions Programs and Byrne Justice
Assistance Grants. The bill also continues support for priority
programs such as Adam Walsh Act, NICS background checks, the
DNA initiative, Reducing Sexual Assault Kit Backlogs, the
Second Chance Act, and the Missing and Exploited Children
program. In order to combat the opioid epidemic, the bill
includes $103,000,000 for the programs authorized by H.R. 5046,
The Comprehensive Opioid Abuse Reduction Act of 2016. The bill
also provides a $34,124,000 increase for DEA and a $10,135,000
increase for Organized Crime and Drug Enforcement Task Forces.
The Committee is extremely disappointed that the
Administration's request proposes to reduce discretionary
appropriations for NASA by over $1 billion from fiscal year
2016. This lack of commitment to the country's space program is
not shared by the Congress.
NASA is a strategic asset to the nation. The Committee
believes that additional investment is needed to maintain
American leadership in space exploration and science, and for
NASA to successfully execute all of its activities and
missions. A bold space exploration program that engages the
nation will inspire new generations of scientists and engineers
and contribute to the economic success and space leadership of
the country. The recommendation provides $19,507,000,000, an
increase of $222,000,000 over fiscal year 2016 and
$1,244,900,000 over the discretionary budget request. The bill
advances space exploration and ensures our nation remains the
world's leader in space exploration and technology, aeronautics
research, and discovery in space and science. The bill provides
for the continued development of the Orion crew vehicle, Space
Launch System, and Exploration Ground Systems that will one day
send astronauts beyond low Earth orbit. The bill continues
funding for critical scientific missions and technology
programs. The Committee directs NASA to follow the direction of
the decadal surveys in prioritizing activities during fiscal
year 2017 and in the future.
For the National Science Foundation, the bill increases the
Research and Related Activities appropriation by $45,785,000
over the historically high fiscal year 2016 level.
Within the Department of Commerce, the Patent and Trademark
Office is funded at $3,230,000,000, which is the level of fee
collections estimated by the Congressional Budget Office.
Funding for the National Oceanic and Atmospheric Administration
prioritizes improving weather forecasting, fisheries
management, the Joint Polar Satellite System (JPSS) and the
Geostationary Operational Environmental Satellite-R Series
(GOES-R).
In order to fund the priority programs described above, the
bill recommends terminating 31 programs, resulting in savings
of more than $716,250,000 from the fiscal year 2016 level and
$626,900,000 from the President's request for these same
programs. In addition, the bill recommends freezing or reducing
13 appropriation accounts in the Department of Commerce, 14
appropriation accounts in the Department of Justice, and 5
appropriation accounts in related agencies.
Oversight and Budget Review
In furtherance of the Committee's oversight
responsibilities and to protect hard earned taxpayer dollars,
the Committee has included language that:
Withholds funds for information technology
related to the 2020 census until a comprehensive
investment plan is provided to the Committee and the
Government Accountability Office.
Caps total life-cycle costs for programs
that have a record of poor performance, including
weather satellites and the James Webb Space Telescope.
Prohibits funding for the National Technical
Information Service to charge customers for a copy of a
document generated by the Legislative Branch unless the
customer is informed how to receive an electronic copy
free online.
Requires monthly reporting on Immigration
Judge performance.
Maintains limitations on the Department of
Justice's use of non-appropriated funds including the
Working Capital Fund and the Assets Forfeiture Fund.
Requires quarterly reporting of unobligated
balances.
Requires agencies to provide Inspectors
General with timely access to information.
Requires agencies procuring sensitive
information technology systems to conduct supply chain
risk assessments.
Requires contractors and grantees receiving
more than $5,000,000 to certify that they are not
delinquent on their Federal taxes.
Limits the number of agency staff who can
attend overseas conferences.
Requires agencies to track undisbursed grant
balances.
Requires agencies to submit spending plans
for the Committee's review.
Requires agencies to notify the Committee of
project cost overruns and mitigation plans.
Requires agency computer networks to block
pornography.
Paper Reduction Efforts.--The Committee urges the
Departments of Commerce and Justice, the National Science
Foundation, and NASA to work with the Office of Management and
Budget to reduce printing and reproduction costs and directs
each agency to report to the Committee within 60 days of
enactment of this Act on the steps it has taken to achieve this
goal. The report should specifically identify how much funding
each agency expects to save by implementing these measures.
Reprogramming Procedures
Section 505 of the bill contains language concerning the
reprogramming of funds between programs, projects, and
activities. The Committee reminds the departments and agencies
funded in this bill that the reprogramming process is based on
comity between the Congress and the Executive Branch. This
process is intended to provide departments and agencies
sufficient flexibility to meet changing circumstances and
emergent requirements not known at the time of congressional
review of the budget while preserving congressional priorities
and intent. In the absence of comity and respect for the
prerogatives of the Appropriations Committees and the Congress
in general, the Committee may opt to include specific program
limitations and details in legislation and remove language
providing the flexibility to reallocate funds. Under these
circumstances, programs, projects, and activities become
absolutes and the Executive Branch shall lose the ability to
propose changes in the use of appropriated funds except through
legislative action.
Each department and agency funded in this bill shall follow
the directions set forth in this bill and the accompanying
report, and shall not reallocate resources or reorganize
activities except as provided herein. Reprogramming procedures
shall apply to funds provided in this bill, unobligated
balances from previous appropriations Acts that are available
for obligation or expenditure in fiscal year 2017, and non-
appropriated resources such as fee collections that are used to
meet program requirements in fiscal year 2017. As specified in
section 505, the Committee expects that the Appropriations
Subcommittees on Commerce, Justice, Science, and Related
Agencies of the House and Senate will be notified by letter a
minimum of 15 days prior to any reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices, programs, or
activities;
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
(7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent,
whichever is less, or reduces by 10 percent funding for
any program, project, or activity, or numbers of
personnel by 10 percent; or
(8) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects, or
activities as approved by Congress.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. The Committee
further expects any department or agency funded in this bill
that plans a reduction-in-force to notify the Committee by
letter at least 30 days in advance of the date of any such
planned personnel action.
Relationship With Budget and Comptroller Offices
Through the years the Appropriations Committee has
channeled most of its inquiries and requests for information
and assistance through the budget offices or comptroller
organizations of the various departments, agencies, and
commissions. Such relationships are necessary to accomplish the
work of the Committee. While the Committee reserves the right
to call upon all organizations in the departments, agencies and
commissions for information and assistance, the primary contact
between the Committee and these entities must be through the
budget offices and comptroller organizations, or through a
legislative affairs unit designated by the Committee to work on
appropriations and budget matters.
The workload generated in the budget process is large and
growing; therefore, a positive, responsive relationship between
the Committee and the budget and/or comptroller offices is
essential for the Committee to fulfill the Constitutional
appropriations responsibilities of Congress.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends $495,000,000 in total resources
for the programs of the International Trade Administration
(ITA), which is $2,000,000 above fiscal year 2016 and
$38,421,000 below the request. This amount is offset by
$12,000,000 in estimated fee collections, resulting in a direct
appropriation of $483,000,000.
Trade enforcement.--The recommendation funds Enforcement
and Compliance at $2,000,000 above the request. Additionally,
the Committee instructs the ITA to make the enforcement of
antidumping and countervailing duties a priority, and
recommends that the ITA specifically focus on expeditiously
reducing case backlogs and thoroughly investigating the extent
to which trade law evasion harms domestic industries.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The Committee recommends $114,000,000 for the Bureau of
Industry and Security (BIS), which is $1,500,000 above fiscal
year 2016 and $12,945,000 below the request. The recommendation
funds the requested increase for Export Enforcement.
Economic Development Administration
The Committee recommends $264,500,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA), which is $3,500,000 above fiscal year
2016, and $6,046,000 above the request.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee recommends $225,000,000 for Economic
Development Assistance Programs, which is $3,000,000 above
fiscal year 2016 and $10,000,000 above the request. Funds shall
be distributed as follows; any deviation shall be subject to
the procedures set forth in section 505 of this Act:
Public Works.......................................... $102,000,000
Partnership Planning.................................. 30,000,000
Technical Assistance.................................. 10,500,000
Research and Evaluation............................... 1,500,000
Trade Adjustment Assistance........................... 12,000,000
Economic Adjustment Assistance........................ 38,000,000
Regional Innovation Grants............................ 16,000,000
Assistance to Coal Mining Communities................. 15,000,000
-----------------
Total, Economic Development Assistance Programs... $225,000,000
Assistance to coal mining communities.--The Committee
continues to support the long overdue POWER plan, which builds
on the Committee's prior efforts to assist communities
throughout the country that are suffering significant coal
mining job losses. The recommendation includes not less than
$15,000,000 to assist coal mining communities through the POWER
Plan or other EDA initiatives. The Committee appreciates that
EDA has engaged and is collaborating with local leaders and
stakeholders, along with other Federal agencies, to develop
comprehensive strategies to promote economic growth in coal
mining communities. The Committee expects this effort to
continue. Within the funds provided, the Committee directs EDA
to assist communities that have yet to develop an economic
development strategy to begin the planning process. For
communities that have created economic development strategies,
EDA shall provide assistance to implement the strategies,
including the funding of authorized economic development
projects. Within 90 days of enactment of this Act, EDA shall
report to the Committee on its efforts to assist coal
communities and the government-wide POWER Plan. The report
shall include a detailed description on how EDA and other
Federal agencies have assisted coal mining communities to date
and how the Federal government plans to assist them in the
future.
SALARIES AND EXPENSES
The Committee recommends $39,500,000 for EDA salaries and
expenses, which is a $500,000 increase over fiscal year 2016
and $3,954,000 below the request.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The Committee recommends $34,000,000 for the Minority
Business Development Agency (MBDA), which is $2,000,000 above
fiscal year 2016 and $1,613,000 below the request.
Native American businesses.--With a portion of the provided
increase, the Committee urges MBDA to ensure that it provides
adequate support to Native American businesses and to fulfill
the intent of Public Law 106-464. MBDA shall submit a report to
the Committee within 90 days of enactment on the services it
provides to Native American businesses and how these efforts
will spur business, economic development, and tourism in Indian
Country. The Committee encourages MBDA to evaluate how it can
expand its outreach and capacity building assistance to Native
American tribes around the country.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The Committee recommends $107,000,000 for economic and
statistical analysis, which is $2,000,000 below fiscal year
2016 and $7,643,000 below the request.
Bureau of the Census
The Committee recommends a total of $1,470,000,000 for the
Bureau of the Census, which is $100,000,000 above fiscal year
2016 and $163,606,000 below the request.
CURRENT SURVEYS AND PROGRAMS
The Committee recommends $270,000,000 for the Current
Surveys and Programs, which is the same as the fiscal year 2016
level and $15,287,000 below the request.
Survey of Income and Program Participation (SIPP).--Within
the amounts provided, Census shall continue the level of effort
for the SIPP at no less than the fiscal year 2016 level.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total of $1,200,000,000 for
Periodic Censuses and Programs, which is $100,000,000 above the
fiscal year 2016 level and $148,319,000 below the request. The
recommendation provides for a transfer of $2,580,000 to the
Department of Commerce Office of Inspector General (OIG) for
oversight of the Census Bureau. The recommended increase will
support completion of research and the beginning of design,
development, and testing for the 2020 Census.
American Community Survey (ACS).--The Committee is very
concerned about the burdensome nature of the ACS and directs
Census to focus on its core, constitutionally mandated
decennial Census activities. The Bureau shall continue to
provide quarterly briefings to the Committee on efforts to
ensure the necessity of all the questions on the ACS; on
efforts to ensure that non-response follow-up is conducted in
the least intrusive manner; and on congressional outreach
conducted by the Respondent Advocate.
2020 Census lifecycle cost.--The Committee is concerned
that the Bureau's lifecycle cost estimate for the 2020 Census
may not reflect cost estimation best practices. The Committee
understands that no guidance or standard methodology was used
to account for risks in its cost estimate. The Committee also
understands that documentation of the assumptions in the
estimate is lacking. The Committee directs the Bureau to submit
a report to the Committee and the Government Accountability
Office (GAO), no later than 60 days after enactment of this
Act, on the steps it will take to improve its cost estimation
and the time frame for taking these steps.
Census Enterprise Data Collection and Processing
(CEDCaP).--The Committee supports the Bureau's efforts to
develop a more flexible, automated and secure enterprise
architecture that will enable Census to realize economies of
scale to support data collection efforts. The Bureau shall
continue to provide quarterly briefings regarding the status of
these efforts. Information in these briefings shall include,
but not be limited to, the current system's costs to maintain,
the surveys supported, FTE associated with those systems, and
the anticipated date that various IT systems will be retired
and data merged onto the larger enterprise architecture. Census
shall provide these reports concurrently to the OIG and GAO.
The recommendation also includes bill language withholding
50 percent of the funds for information technology related to
2020 census delivery, including the CEDCaP program, until the
Secretary submits to the Committees on Appropriations and the
GAO an expenditure plan for CEDCaP.
Language assistance and data on small population groups.--
The Committee is concerned about the availability of data on
small population groups and the availability of language
assistance for respondents to the Census surveys, including
those who speak Asian languages, Pacific Islander languages,
American Indian and Alaska Native languages, African languages,
Spanish, and other languages. Not later than 90 days after the
date of the enactment of this Act, the Census Bureau shall
submit a report identifying the languages spoken by respondent
populations most in need of language assistance, along with the
availability of interviewers and materials for persons speaking
these languages, and the steps the Bureau will take to reach
these respondents and otherwise ensure the availability and
accuracy of data for small population groups. The Bureau is
additionally directed to communicate this information on a
regular basis to Census Telephone Centers and regional offices
to address emerging needs.
The Committee also directs Census to increase outreach
activities to historically undercounted communities, including
colonias.
Puerto Rico.--The Committee urges the Census Bureau to
include all citizens of the United States, including those in
Puerto Rico and other offshore jurisdictions, in its estimates
of U.S. resident population and other national statistics.
Rural areas.--The Committee directs the Census Bureau to
report, not later than 90 days after enactment of this Act, on
the steps it will take to reduce the margin of error and
increase the accuracy of income statistics for rural areas.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The Committee recommends $36,322,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA), which is $3,178,000 below fiscal year
2016 and $14,519,000 below the request. With the ramp down of
the Broadband Technology Grant Programs, funding for broadband
program activity is reduced, as requested.
Internet Corporation for Assigned Names and Numbers
(ICANN).--The Committee remains concerned by NTIA's intent to
transition certain Internet domain name functions to the global
multistakeholder community. Any such transition represents a
significant public policy change and should be preceded by an
open and transparent process. In order for this issue to be
considered more fully by the Congress, the Committee includes
section 534 prohibiting funding for the transition.
Low Power Television Translators.--The Committee is aware
that following the current Broadcast Incentive Auction there
will be a restacking of remaining broadcast spectrum holders.
NTIA, in partnership with the Federal Communications
Commission, shall develop a plan to address the needs of low
power broadcasters during this transition.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends $3,230,000,000 for the United
States Patent and Trademark Office (PTO), the full amount of
fiscal year 2017 fee collections estimated by the Congressional
Budget Office. The recommendation continues language making
available any excess fee collections above the estimated level
and the amounts appropriated in this Act. PTO shall continue to
provide monthly reports on its actual and projected fee
collections and performance. PTO shall also provide additional
operations reporting to the Committee on a quarterly basis,
including data on application volumes and staffing status.
Patent and Trademark Fee Reserve Fund.--The recommendation
includes bill language regarding excess fees deposited in the
Patent and Trademark Fee Reserve Fund. The Committee reminds
PTO that prior to obligating any of the funds in the Reserve
Fund during fiscal year 2017, PTO shall submit to the Committee
a reprogramming notification with a spending plan describing
the intended uses of funds. The Committee expects that any such
reprogramming will describe how the expenditure of these
reserve funds will improve patent quality, reduce the backlog
of pending applications and appeals, improve the information
technology (IT) infrastructure, or otherwise improve the
efficiency and effectiveness of PTO.
Patents End 2 End (PE2E).--PTO shall continue to provide
quarterly reports to the Committee on the status of this
information technology project, including the proposed
retirement of legacy IT systems, and cost savings associated
with those retirements, and any efficiencies achieved in patent
processing as a result of these IT investments. The Committee
looks forward to receiving the fiscal year 2016 quarterly
reports and expects the timely submission of these reports in
fiscal year 2017.
Addressing management failures.--During fiscal year 2014,
serious management concerns came to light including two
Inspector General reports: Review of Waste and Mismanagement at
the Patent Trial and Appeal Board and Review of Conduct by a
High-Ranking USPTO Official in the Hiring of a Trademark
Organization Employee; and a PTO Internal Administrative
Inquiry Report in response to an Inspector General Referral
regarding abuse of telework programs at PTO. In July, 2015, the
National Academy of Public Administration (NAPA) released its
report, The United States Patent and Trademark Office: A
Telework and Internal Control Program Review. The Committee
notes that while PTO has implemented or is implementing many of
NAPA's recommendations, there are still outstanding
recommendations and progress to be made on them. During fiscal
year 2017, the PTO shall continue to provide quarterly reports
to the Committee on the implementation of reforms in response
to recommendations in these reports and to ensure that employee
time and attendance is appropriately managed and that nepotism
is not tolerated. The Committee looks forward to receiving the
fiscal year 2016 quarterly reports, and expects the timely
submission of these reports in fiscal year 2017.
Patent quality.--The Committee looks forward to receiving
the fiscal year 2016 required report on patent quality. Within
90 days of enactment of this Act, PTO shall submit an updated
report to the Committee on the implementation of its Patent
Quality Initiative, steps taken to improve patent quality in
fiscal year 2016, and planned actions for fiscal year 2017.
Government agencies.--The Committee believes the PTO should
notify the appropriate government agency when an application
for trademark is filed for official or colloquially used names
for any real property managed by that agency.
Intellectual Property Attaches.--The Committee supports the
important work of the Intellectual Property Attache Program.
National Institute of Standards and Technology
The Committee recommends $865,000,000 for NIST, which is
$99,000,000 below fiscal year 2016 and $149,519,000 below the
request.
Security.--The Committee is concerned about security-
related issues at NIST, in particular potential inappropriate
access of foreign nationals to NIST facilities and information
systems. The Committee directs NIST to coordinate with the
Federal Bureau of Investigation to improve and standardize
security training and enforcement across the agency and to
ensure that security, counterintelligence, and export control
functions are fully staffed.
NIST shall continue to provide the following information to
the Committee quarterly: an accounting of vacancy rates in
security-related offices; a summary of all known security
incidents occurring that quarter involving access violations by
foreign nationals or the unauthorized transfer of proprietary
or sensitive information; and a summary of any criminal or
administrative sanctions applied that quarter due to violations
of security-related laws or regulations.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $680,000,000 for NIST's scientific
and technical programs, which is $10,000,000 below fiscal year
2016 and $50,533,000 below the request.
Laboratory programs.--The recommendation includes
$608,000,000 for NIST Laboratory programs.
Standards Coordination and Special Programs.--The
recommendation includes $55,000,000 for standards coordination
and special programs. Within these amounts, up to $5,000,000 is
included to maintain NIST's current forensic research and
standards work. The recommendation does not include funds to
support or operate Forensic Science Advisory Committees.
Lab-to-market.--The recommendation does not provide funding
for the lab-to-market program.
Urban Dome.--The recommendation does not provide funding
for the Urban Dome program.
Cybersecurity.--The Committee is aware that the nation's
retail sector is vulnerable to and targeted by cyberattacks.
The Committee encourages NIST to build on its existing
industry-sector focused work to create a retail-specific
cybersecurity initiative and partner, as appropriate, with
academic entities and national leaders in retail cybersecurity
and retail supply chain management and logistics.
Disaster resiliency.--As part of its efforts to improve the
resiliency of buildings, NIST's Engineering Division is
encouraged to partner with academic research institutions that
have expertise in mitigating the effects of natural disasters
to study and recommend best practices for resilient planning
and construction. The Committee also urges NIST to study
building standards and develop recommendations on how building
standards for buildings, homes, and infrastructure could be
improved (e.g. fortified structures and durability of
materials) to enhance resiliency.
Textile research.--The Committee recognizes the importance
of the U.S. textile industry and encourages NIST to pursue
advanced textile and apparel research and manufacturing
activities.
NIST budget structure.--The Committee encourages NIST to
work to bring greater transparency into its budget structure
and provide additional detail in its budget justifications
about base laboratory funding, rather than just program changes
and new initiatives.
Internet of Things.--The Committee recognizes the
importance of United States leadership in addressing security
concerns for users and data within the Internet of Things and
commends NIST for its ongoing work in this area, including the
2015 release of a draft framework for cyber-physical systems.
In conjunction with this and other ongoing efforts related to
cybersecurity, the Committee encourages NIST to continue
strengthening its cybersecurity measurement science and
standard-setting efforts related to the Internet of Things,
including, but not limited to, industry-led best practices such
as network segmentation.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $135,000,000 for Industrial
Technology Services, which is $20,000,000 below fiscal year
2016 and $53,991,000 below the request. This amount includes
$130,000,000 for the Manufacturing Extension Partnership (MEP)
and $5,000,000 for the National Network for Manufacturing
Innovation.
Program efficiencies.--The Committee is aware of recent
efforts by MEP to examine ways to reduce administrative costs
and provide more direct assistance to the centers. Accordingly,
MEP shall provide to the Committee an updated report within 60
days of enactment of this Act detailing the amount of funds to
be maintained at headquarters and the uses of those funds. NIST
shall also provide the Committee with updates on the status of
recompetition of the centers.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommends $50,000,000 for NIST construction,
which is $69,000,000 below fiscal year 2016 and $44,995,000
below the request. NIST shall continue to provide updates on
the projects funded within this account, to include milestones
and total amount of funding necessary for completion.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $5,580,575,000 in
discretionary funds for the National Oceanic and Atmospheric
Administration (NOAA), which is $185,004,000 below fiscal year
2016 and $267,668,000 below the request. The recommendation
prioritizes funding for National Weather Service (NWS)
operations, weather research, and related satellite programs,
and the National Marine Fisheries Service.
Information technology security.--The Committee is
encouraged by NOAA's efforts to address the security
deficiencies in National Environmental Satellite, Data and
Information Service's (NESDIS') information systems, but there
is still considerable room for improvement. The Committee
expects NESDIS and NWS to continue to make progress in this
area.
NOAA Environmental Security Computing Center.--The
Committee supports the NOAA Environmental Security Computing
Center and expects it to be adequately funded within the
amounts provided.
Partnering with the private sector.--The Committee
encourages NOAA to purchase services from the private sector
when such services are available, cost effective, and
practicable.
Extramural research.--The Committee believes that NOAA
benefits from collaboration with academia and the private
sector through cooperative institutes and competitive research.
These relationships build broad community engagement, leverage
external funding for mission-oriented research, strengthen the
science within NOAA, and advance scientific knowledge.
Regional Biosecurity Plan for Micronesia and Hawaii.--The
Regional Biosecurity Plan for Micronesia and Hawaii is an
important planning and guidance document to proactively address
the threat of invasive species in the Pacific. Within one year
of enactment of this Act, NOAA shall submit a report to the
Committee on the activities NOAA has taken to implement the
plan.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$3,445,664,000 under this account for the coastal, fisheries,
marine, weather, satellite, and other programs of NOAA. This
total funding level includes $3,298,000,000 in direct
appropriations, a transfer of $130,164,000 from balances in the
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'' account and $17,500,000 derived from
recoveries of prior year obligations. The direct appropriation
of $3,298,000,000 is $7,813,000 below fiscal year 2016 and
$196,180,000 below the request.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--The recommendation provides
$475,140,000 for National Ocean Service, operations, research,
and facilities.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning
Navigation, Observations and Positioning............ $139,570
Integrated Ocean Observing System Regional 31,500
Observations.......................................
Hydrographic Survey Priorities/Contracts............ 25,000
-----------------
Navigation, Observations and Positioning.............. 196,070
=================
Coastal Science and Assessment
Coastal Science, Assessment, Response and 70,000
Restoration........................................
Competitive External Research....................... 9,000
-----------------
Coastal Science and Assessment........................ 79,000
=================
Ocean and Coastal Management and Services
Coastal Zone Management and Services................ 39,570
Coastal Zone Management Grants...................... 65,000
Coral Reef Program.................................. 26,000
Sanctuaries and Marine Protected Areas.............. 49,000
National Estuarine Research Reserve System.......... 20,500
-----------------
Ocean and Coastal Management and Services............. 200,070
=================
Total, National Ocean Service, Operations, Research, $475,140
and Facilities.......................................
------------------------------------------------------------------------
Navigation, Observations and Positioning.--The
recommendation provides $196,070,000 for Navigation,
Observations, and Positioning. Within this amount, the
Committee expects NOAA to prioritize its mission-critical
responsibilities including mapping and charting, geodesy,
tides, and current data activities. The Committee does not
support the proposed termination of the Regional Geospatial
Modeling Grant program or the proposed decrease for
Hydrographic Research and Technology Development.
Integrated Ocean Observing System (IOOS).--The
recommendation includes $31,500,000 for IOOS regional
observations. The Committee supports ongoing efforts to examine
ways to increase use of autonomous gliders, and encourages IOOS
to procure additional autonomous gliders, as appropriate.
Bathymetry.--The Committee encourages NOAA to pursue
innovative bathymetric technology as a potential contributor to
NOAA's overall hydrographic surveying mission.
Marine Debris Program.--The Committee appreciates the work
that the Marine Debris Program has done to address marine
debris affecting the ocean, coastal, and Great Lakes
environment, as well as navigation safety in the United States.
The Committee urges the Marine Debris Program to continue its
work to reduce and prevent the amount of plastic debris
entering the oceans.
Harmful Algal Blooms.--The Committee remains concerned
about the increasing prevalence of Harmful Algal Blooms and the
effect of the related toxins, especially in the Great Lakes.
The Committee supports the ongoing work of the National Centers
for Coastal Ocean Science on Harmful Algal Blooms.
Competitive external research.--The Committee supports
scientific research sponsored through collaboration with
external academic institutions that focuses on the conservation
of corals and coral reef ecosystems within U.S. waters, which
is important for management of coral reefs at the State, local,
and territory level, and for the implementation of the National
Coral Reef Action Strategy.
Coastal Zone Management.--Matching grants are an important
tool in ensuring State and local partners are committed to
working with NOAA on coastal activities. Section 306 grants
require a 1:1 match under the Coastal Zone Management Act, and
the Committee expects NOAA to continue to require a 50 percent
match for the Regional Coastal Resilience Grants.
Coastal and Ocean Economy.--Of the funding provided for
National Ocean Service, $1,500,000 shall be used for NOAA to
develop a Coastal and Ocean Economy Satellite account with the
Bureau of Economic Analysis in order to develop a working
definition of the industries and commodities to be included in
the account, identify businesses that are ocean-dependent, and
describe in numerical terms the relationship between the ocean
economy and the U.S. economy as a whole.
National Marine Fisheries Service.--The Committee
recommends $860,835,000 for National Marine Fisheries Service
operations, research, and facilities.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management
Marine Mammals, Sea Turtles and Other Species....... $118,107
Species Recovery Grants............................. 6,000
Atlantic Salmon..................................... 6,224
Pacific Salmon...................................... 63,500
-----------------
Protected Resources Science and Management............ 193,831
=================
Fisheries Science and Management
Fisheries and Ecosystem Science Programs and 139,489
Services...........................................
Fisheries Data Collections, Surveys and Assessments. 164,749
Observers and Training.............................. 43,464
Fisheries Management Programs and Services.......... 118,500
Aquaculture......................................... 3,500
Salmon Management Activities........................ 35,500
Regional Councils and Fisheries Commissions......... 34,250
Interjurisdictional Fisheries Grants................ 3,000
-----------------
Fisheries Science and Management...................... 542,452
=================
Enforcement........................................... 68,698
=================
Habitat Conservation and Restoration.................. 55,854
=================
Total, National Marine Fisheries Service, Operations, $860,835
Research, and Facilities.............................
------------------------------------------------------------------------
Protected Resources Science and Management.--The Committee
recommends $193,831,000 for Protected Resources Science and
Management programs. Within available resources, the Committee
encourages NOAA to maintain funding for marine mammal stranding
grants.
Hatchery and Genetic Management Plans.--Within the funds
provided for Pacific Salmon, $5,000,000 is included to address
the backlog of Hatchery and Genetic Management Plans. The
Committee remains concerned by the existing and growing backlog
of these plans and encourages NOAA to continue contracting with
the U.S. Fish and Wildlife Service, State Agencies, Tribes, and
the Hatchery Scientific Review Group as appropriate to expedite
approval.
Electronic monitoring.--The recommendation includes
$10,500,000, which is $3,500,000 above the request, for
development and implementation of electronic monitoring and
reporting technologies. Electronic technologies, such as e-
logbooks and video monitoring systems, can significantly
improve total catch measurement and reduce uncertainty in the
data needed for stock assessments.
Stock assessments.--The Committee recognizes that NOAA
fisheries stock assessments are the cornerstone of fishery
conservation and management measurements, but the current stock
assessment data inputs must be improved. The Committee
continues to provide significant funding to NOAA for fishery
surveys and other activities in support of stock assessments,
yet problems persist with the frequency of surveys, adequacy of
the data, and the use of independent research in developing
stock assessments. NOAA shall continue to provide quarterly
briefings to the Committee on its stock assessment program, to
include but not be limited to, its process for determining its
yearly data collection efforts, specific costs for each survey,
and protocols for ingesting fishery independent data.
Gulf of Mexico stock assessments.--The Committee recognizes
the economic, cultural and recreational value of the Red
Snapper fishery in the Gulf of Mexico. Within the amount
provided for Fisheries Data Collections, Surveys and
Assessments, $10,000,000 is provided for competitive awards to
develop and implement agency-independent innovative strategies
and alternative methods to improve research, monitoring, and
stock assessments of reef fish in the Gulf of Mexico. Agency
independent data shall be incorporated into NOAA stock
assessments as expeditiously as possible, and may include data
from academia and fishermen, including fishery data collected
on artificial reefs, offshore oil platforms and other offshore
fixed energy exploration infrastructure. Not later than 60 days
after the enactment of this Act, NOAA shall report to the
Committee on how new technologies and alternative methods will
be used to accurately assess fish populations and how these
data will be used for fishery management decisions. NMFS is
directed to improve its communications with stakeholders on the
stock assessment process and outcome. The Committee remains
concerned about the negative impacts of the short recreational
fishing season for Red Snapper in the Gulf of Mexico on the
local economies the fishery supports.
Protection of Native Anadromous Fish in the Stanislaus
River, California.--The bill includes section 541, which
directs the Secretary to implement a non-native predator fish
research and pilot removal program on the Stanislaus River,
California. The program shall include methods to quantify the
number and size of predator fish removed each year, the impact
of such removal on the overall abundance of predator fish, and
the impact of such removal on the populations of juvenile
anadromous fish found in the Stanislaus River by, among other
things, evaluating the number of juvenile anadromous fish that
migrate past the rotary screw traps located at Caswell and
Oakdale. The program shall consider removal methods such as
wire fyke trapping, portable resistance board weirs, and boat
electrofishing.
The Committee expects NMFS to work collaboratively with the
districts on all aspects of the program, including scientists,
research questions, experimental design, management, personnel,
techniques, data collection, reporting, conduct, posting of
data and having an independent review of the program upon
completion.
NMFS shall ensure compliance of all contractors and
employees involved with the program, including an annual
accounting of costs to be borne by the districts, and any prior
year funds remaining or owed, and an annual timeline for data
collecting and posting by December 1st of each year.
Within 60 days of the enactment of this Act, NMFS shall
report to the Committee on the progress it has made in
establishing the pilot program, the status of engagement with
the districts and the timeline for the pilot program. Within
180 days of completion of the pilot program NMFS and the
districts shall submit to the Committee a final report
evaluating the effectiveness of the program and making
recommendations for future nonnative predator fish research and
removal work.
Finally, the Committee has also provided language
clarifying the program's relationship to Title XXXIV of P.L.
102-575.
Observers.--The Committee directs NMFS to continue working
with regional fishery programs to adequately support at-sea and
dockside monitoring for fisheries with approved catch share
management plans.
Fish Information Networks.--The Committee supports the Fish
Information Networks, the State-Federal cooperative programs
that coordinate data collection, data management, and
informational management essential for accurate monitoring of
commercial and recreational fishing impacts. Fish Information
Networks shall be adequately funded within the level of funding
provided for Fisheries Data, Collections, Surveys and
Assessments.
Southeast Area Monitoring and Assessment Program
(SEAMAP).--SEAMAP is designed to collect, manage, and
disseminate fishery-independent data in the southeastern U.S.to
better inform management decisions. The Committee supports
SEAMAP, and encourages NOAA to ensure it has adequate resources
to complete its mission.
Highly Migratory Species.--The Committee encourages NOAA to
competitively award studies of highly migratory fish species in
the Atlantic and Gulf of Mexico. These species could greatly
benefit from improved, science-based management and
conservation. Research funded could look at age and growth of
highly migratory species, stock abundance, migratory patterns,
and bycatch reduction technologies.
Cooperative research.--The recommendation includes
$12,000,000 within Fisheries Data Collections, Surveys and
Assessments for cooperative research, which shall be used to
support external, independent data collection and other
research. The Committee expects that all funding provided shall
be used for cooperative fisheries research and not for NOAA
activities or administrative overhead costs. NOAA shall submit
a report no later than 90 days after enactment of this Act
listing all cooperative research grants funded in fiscal year
2016, to include the amount, the fishery, the type of
information collected, and the expected uses for that data. The
Committee is concerned that cooperative research is not
ingested into fishery stock assessments in a timely manner. The
report shall address NOAA procedures and timeframes for making
use of this independent fisheries research.
Horseshoe crabs.--While funding was identified for the 2016
horseshoe crab survey, continuing this survey in fiscal year
2017 is important for the management of this species. NOAA
shall work to continue the survey of the horseshoe crab
population to generate the data necessary to ensure that the
horseshoe crab stock remains on a sustainable path.
Atlantic Striped Bass fishery.--The Committee supports the
continued development of a sex specific stock assessment model.
States produce valuable data on Atlantic Striped Bass, and the
Committee supports the inclusion of this data in population
estimates as appropriate. NOAA shall report to the Committee on
these efforts within 180 days of enactment of this Act.
Salmon Management.--The Committee supports NOAA's ongoing
work on salmon genetic stock identification research, including
efforts in collection, analysis and testing of methods to
identify and track the location of Federally protected stocks
in the wild, and provides $2,000,000 for these efforts.
Additionally, within the amounts provided for Salmon
Management, $13,000,000 is available for the Pacific Salmon
Treaty.
Megafauna tagging studies.--The Committee encourages NMFS
to pursue satellite and acoustic tagging studies of megafauna,
such as sharks and rays, in partnership with National Marine
Sanctuaries, to track local and regional movement of these
animals for sanctuary management.
Oceanic and Atmospheric Research.--The Committee
recommendation includes $437,625,000 for Oceanic and
Atmospheric Research (OAR) operations, research, and
facilities. Given continued resource constraints, it is
incumbent on NOAA to ensure that its research programs support
the operational mission of each NOAA line office and that
research efforts are an integral component in meeting line
office program goals and milestones.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............. $50,000
Regional Climate Data and Information............... 38,000
Climate Competitive Research, Sustained Observations 40,000
and Regional Information...........................
-----------------
Climate Research...................................... 128,000
=================
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............. 80,000
U.S. Weather Research Program....................... 8,000
Tornado Severe Storm Research/Phased Array Radar.... 13,158
Joint Technology Transfer Initiative................ 17,000
-----------------
Weather and Air Chemistry Research.................... 118,158
=================
Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes............. 25,000
National Sea Grant College Program.................. 64,000
Marine Aquaculture Program.......................... 2,000
Ocean Exploration and Research...................... 36,000
Integrated Ocean Acidification...................... 10,500
Sustained Ocean Observations and Monitoring......... 41,823
-----------------
Ocean, Coastal and Great Lakes Research............... 179,323
=================
High Performance Computing Initiatives................ 12,144
=================
Total, Office of Oceanic and Atmospheric Research, $437,625
Operations, Research, and Facilities.................
------------------------------------------------------------------------
Regional Climate Data and Information.--Within amounts
provided for Regional Climate Data and Information, the
recommendation includes $13,500,000 for the National Integrated
Drought Information System (NIDIS) to support competitive
research grants, maintain existing NIDIS activities, and
develop and expand the Regional Drought Early Warning
Information System.
Independent analysis.--NOAA is encouraged to increase
funding for academia to perform independent climate model
evaluation studies and to enable the production of atmospheric
data sets from satellite observations for such studies.
Satellite observations of the atmosphere provide information
that is critical in the interpretation of Earth-based
observations and in the evaluation and improvement of climate
model simulations.
Weather and Air Chemistry Research.--The Committee includes
$118,158,000 for Weather and Air Chemistry Research, an
increase of $15,000,000 above fiscal year 2016, and encourages
NOAA to continue research efforts that lead to near-term,
affordable, and attainable advances in observational,
computing, and modeling capabilities to deliver substantial
improvements in weather forecasting for the protection of life
and property. NOAA shall substantially accelerate the
transition of its research to operations in ways easily adopted
by the operational forecasting community.
Joint Technology Transfer Initiative.--The recommendation
includes $17,000,000 to expand the Joint Technology Transfer
Initiative established in fiscal year 2016. These activities
should be coordinated with the activities of OAR's U.S. Weather
Research Program and the National Weather Service's Science and
Technology Integration Program.
Multi-Function Phased Array Radar (MPAR) Program.--The
Committee recognizes the importance of the MPAR program in the
development and implementation of the next generation weather
and aircraft radar network. The Committee directs NOAA to
maintain its role in the MPAR research and development effort
and encourages the continued work on a memorandum of
understanding between NOAA, the Federal Aviation
Administration, the Department of Defense and the Department of
Homeland Security that delineates each agency's needs regarding
function and timeline of a joint MPAR system.
Severe weather studies.--The Southeastern United States
commonly experiences devastating tornadoes under variables and
conditions that differ considerably from the conditions in
other areas. OAR shall continue, at no less than the current
year level, the 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.
Laboratories and Cooperative Institutes.--The Committee
recognizes the important role that the coordinated NOAA
Laboratories and Cooperative Institutes play in fulfilling
NOAA's Mission Goals and Strategic Plan. To continue to fulfill
NOAA's mission, NOAA should enhance its support of advanced
monitoring and predictive modeling to explore deep water issues
and their effect on the U.S. coastline. The Committee
encourages NOAA to expand the role Cooperative Institutes play
in fulfilling this role, and to consider how additional
Cooperative Institutes, or consortia partners, could strengthen
NOAA's ability to support this monitoring and modeling.
Ocean Exploration and Research.--The Committee recommends
$36,000,000 for Ocean Exploration and Research. NOAA's ocean
exploration program should continue to conduct fundamental
exploration and surveys of the world's oceans with a primary
focus on America's Exclusive Economic Zones of the Continental
United States, Alaska, Puerto Rico, Hawaii, the U.S. Virgin
Islands and the Pacific Territories. The Committee encourages
NOAA to continue ocean exploration in which open source data
are collected in real-time through tele-presence technology.
The Committee encourages NOAA to emphasize areas for
exploration that may be of interest to NOAA laboratories,
including deep water regions of marine protected areas. The
Committee encourages NOAA to partner with non-government
organizations, academic institutions, and other government
agencies including the National Science Foundation, in these
activities and, to the extent appropriate, share costs with
these partners. The Committee looks forward to receiving the
report required in fiscal year 2016 on this topic.
Supporting the mapping and cataloguing of mineral wealth.--
The Committee directs NOAA to continue and expand its important
work of mapping the Extended Continental Shelf, which provides
significant assistance in the assessment, identification,
analysis and cataloguing of mineral wealth and rare earth
elements, done by the United States Geological Survey and the
Bureau of Ocean Energy Management.
Integrated Ocean Acidification Research.--The Committee
encourages NOAA, in coordination with the Office of Science and
Technology Policy, to implement a program to competitively
award prizes under the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3719) to stimulate innovation to advance
the understanding, research, or monitoring of ocean
acidification or its impacts; or to develop management or
adaptation options for responding to ocean acidification. In
prize competitions, the Committee encourages NOAA to prioritize
communities, environments, or industries that are in distress
due to the impacts of ocean acidification.
Adaptation and mitigation for ocean acidification.--The
Committee encourages NOAA to continue to develop ocean
monitoring and modeling capabilities, as well as vulnerability
assessments, necessary to support research on innovative
methods to mitigate and adapt to ocean acidification, such as
biological uptake and iron fertilization. As GAO noted in its
2014 report on ocean acidification, the Federal Government has
yet to develop adaptation and mitigation strategies as required
by the Federal Ocean Acidification Research and Monitoring Act
of 2009. The Committee encourages NOAA to actively pursue the
research necessary to develop these strategies. Additionally
the Committee encourages NOAA to convene an advisory board of
representative stakeholders to direct research activities
towards adaptation and mitigation.
Mariculture.--Within Sea Grant, $1,000,000 is provided for
a competitive award to develop advanced technology for open
ocean agrarian mariculture in America's Exclusive Economic
Zone.
Lionfish.--These invasive species have adverse effects on
many local communities. The Committee encourages Sea Grant to
seek to award competitive grants to address issues related to
management of these species.
National Weather Service (NWS).--The Committee recommends
$988,834,000 for NWS operations, research, and facilities,
which is $12,327,000 above the request, to maintain critical
capabilities to provide weather forecasts and warnings. Within
the funds provided, the Committee supports the proposed
improvements for Integrated Water Prediction.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations.......................................... $222,996
Central Processing.................................... 98,388
Analyze, Forecast and Support......................... 485,931
Dissemination......................................... 49,563
Science and Technology Integration.................... 131,956
=================
Total, National Weather Service, Operations, Research, $988,834
and Facilities.......................................
------------------------------------------------------------------------
Analyze, Forecast, and Support.--The recommendation
includes $485,931,000 for analyze, forecast, and support
activities. The analyze, forecast, and support program funds
the operation of the Weather Forecast Offices (WFOs), River
Forecast Centers (RFCs), the seven National Centers and the
Tsunami Warning Centers. The recommended level will support
24x7 weather surveillance, forecast and warning services, and
operation of the service centers. The Committee does not
support the proposed elimination of the National Tsunami Hazard
Mitigation Program grants.
Observations.--The recommendation includes $222,996,000 for
observation activities. This funding supports surface, ocean
and upper air observations, Next Generation Weather Radar
(NEXRAD), the Automated Surface Observing System, ocean buoys
and aircraft observations.
NEXRAD Coverage Report.--NOAA shall complete a study on
gaps in NEXRAD coverage. Within this study, NOAA shall identify
areas in the United States with limited or no NEXRAD coverage
below 6,000 feet above ground level of the surrounding terrain.
NOAA should identify the effects on prediction of improved
radar detection, and identify additional sources of
observations for high impact weather that are currently
available and operational for such areas. NOAA shall assess the
feasibility and advisability of efforts to integrate and
upgrade Federal radar capabilities and incorporate other non-
NOAA radars into NWS operations in such areas, and the cost and
timeline for carrying out such radar improvements. NOAA shall
submit the study findings to the Committee within 180 days of
enactment of this Act. Not later than 30 days after the
completion of the study, NOAA shall develop a plan to improve
radar coverage in the identified areas.
Science and Technology Integration.--The recommendation
includes $131,956,000 for Science and Technology Integration
activities. This program funds NWS internal research and
development activities in cooperation with other NOAA line
offices, partner agencies, and external weather data customers.
This level supports the proposed increase for an integrated
approach to move from research to operations.
Central Processing.--The recommendation provides
$98,388,000 for Central Processing including funds for the
Advanced Weather Interactive Processing System, the Advanced
Hydrologic Prediction System, modeling and supercomputing
programs. The recommendation does not adopt the proposed
reduction in information technology officers.
Dissemination.--The recommendation includes $49,563,000 for
Dissemination activities. This activity funds the
communications technology that NWS uses to collect, tailor and
distribute its data and products. Systems in this program
include the telecommunications gateway, NOAA weather radio, and
the satellite data ground readiness program.
National Environmental Satellite, Data and Information
Service (NESDIS).--The Committee recommends $230,062,000 for
NESDIS operations, research, and facilities. The Committee
recommendation includes proposed operational phase transfers
for GOES-R, Jason-3 and DSCOVR.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems
Satellite and Product Operations.................... $121,000
NSOF operations..................................... 14,000
-----------------
Office of Satellite and Product Operations............ 135,000
=================
Product Development, Readiness and Application........ 32,355
=================
Commercial Remote Sensing Regulatory Affairs........ 2,000
Office of Space Commercialization................... 2,000
Group on Earth Observations......................... 500
-----------------
Environmental Satellite Observing Systems............. 171,855
=================
National Centers for Environmental Information........ 58,207
=================
Total, National Environmental Satellite, Data and $230,062
Information Service, Operations, Research, and
Facilities...........................................
------------------------------------------------------------------------
Office of Satellite and Product Operations.--The
recommendation includes $135,000,000 for the Office of
Satellite and Product Operations. This activity funds the
command and control of NOAA operational environmental
satellites.
Commercial Remote Sensing Regulatory Affairs.--The
Committee expects timely compliance with Title II of Public Law
114-90, and adherence to other timeframes currently required
under the regulation.
NOAA Satellite Observing System Architecture.--NOAA shall
brief the Committee on the results of this study, and
associated proposed technology demonstrations, upon its
completion in fiscal year 2017. The Committee encourages NOAA
to include new and commercial technology insertion as part of
this architecture study.
National Centers for Environmental Information (NCEI).--The
recommendation includes $58,207,000 for the NCEI. This program
is the official data management entity for oceanographic,
geophysical, and climatological information within the United
States. The six Regional Climate Centers shall be funded at no
less than their current operating level. The Committee supports
NCEI's long term efforts in coastal data development to better
understand historical trends, anomalies, and the frequency of
event occurrences.
Commercialization of Spectrum.--The budget request proposes
to auction, or assign via fee, 1675-1680 MHz, a band of radio
frequency spectrum that NOAA currently uses. The Committee
notes the high value of spectrum assignments, and encourages
NOAA to consolidate spectrum holdings where appropriate. Within
30 days of enactment of this Act, NOAA shall report to the
Committee on its plans to make spectrum available for auction.
Mission Support.--The recommendation includes $232,792,000
for Mission Support operations, research, and facilities. The
recommendation accepts proposed technical transfers for the
David Skaggs Research Center and the Western Regional Center.
MISSION SUPPORT
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support
Executive Leadership................................ $27,000
Mission Services and Management..................... 124,811
IT Security......................................... 10,050
Payment to DOC Working Capital Fund................. 46,500
-----------------
Mission Support....................................... 208,361
=================
Office of Education
BWET Regional Programs.............................. 5,000
Education Partnership Program/Minority Serving 14,431
Institutions.......................................
NOAA Education Program Base......................... 5,000
-----------------
Office of Education................................... 24,431
=================
Total, Mission Support, Operations, Research and $232,792
Facilities...........................................
------------------------------------------------------------------------
Management and administrative costs.--The Committee notes
that in addition to Mission Services, each line office also
includes its own ``Headquarters Program Support'' costs. NOAA
shall continue efforts to standardize the treatment of
management and administrative costs in each line office in a
manner that maximizes transparency and accountability, and
reduce or eliminate unnecessary non-mission costs. The
Committee also encourages NOAA to expeditiously dispose of
vacant properties.
Office of Education.--The Committee includes $24,431,000,
$7,950,000 above the request, for NOAA's education program. Of
this amount, $14,431,000 is provided to continue the
Educational Partnership Program with Minority Serving
Institutions, and $5,000,000 is provided to continue the Bay-
Watershed Education and Training (B-WET) regional programs.
Office of Marine and Aviation Operations.--The
recommendation includes $220,376,000 for the Office of Marine
and Aviation Operations, operations, research and facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Marine and Aviation Operations
Marine Operations and Maintenance................... $184,376
Aviation Operations and Aircraft Services........... 36,000
=================
Office of Marine and Aviation Operations.............. $220,376
------------------------------------------------------------------------
Relocation.--Within the level of funds provided, the
Committee expects NOAA to sufficiently fund the relocation and
rent costs associated with the forced move of the Aircraft
Operations Center.
Procurement, Acquisition and Construction
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$2,230,635,000 in direct obligations under this heading, of
which $2,217,635,000 is appropriated from the general fund and
$13,000,000 is derived from recoveries of prior year
obligations. The direct appropriation is $182,781,000 below
fiscal year 2016 and $52,488,000 below the request.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service
National Estuarine Research Reserve Construction.... $1,350
Marine Sanctuaries Construction..................... 1,650
-----------------
Total, National Ocean Service - PAC................... 3,000
=================
Office of Oceanic and Atmospheric Research
Research Supercomputing/CCRI...................... $26,379
=================
National Weather Service
Observations...................................... 32,755
Central Processing................................ 66,761
Dissemination..................................... 34,619
-----------------
Subtotal, Natonal Weather Service, Systems 134,135
Acquisition........................................
-----------------
Weather Forecast Office Construction.............. 8,650
-----------------
Total, National Weather Service - PAC................. 142,785
=================
National Environmental Satellite, Data and Information
Service
GOES R............................................ 752,784
Polar Follow-on................................... 370,000
Space Weather Follow-on........................... 2,500
Jason-3........................................... 4,357
Joint Polar Satellite System (JPSS)............... 787,246
Solar Irradiance, Data and Rescue................. 500
DSCOVR............................................ 3,745
COSMIC-2/GNSS-RO.................................. 16,200
Satellite Ground Services......................... 58,025
System Architecture and Advanced Planning......... 4,929
Projects, Planning, and Analysis.................. 28,700
Commercial Weather Data Pilot..................... 6,000
-----------------
Subtotal, NESDIS Systems Acquisition................ 2,034,986
-----------------
Satellite CDA Facility............................ 2,228
-----------------
Total, NESDIS - PAC................................... 2,037,214
=================
Mission Support
NOAA Construction................................... 4,557
=================
Office of Marine and Aviation Operations
Fleet Capital Improvements and Technology Infusion.. 16,700
=================
Total, Procurement, Acquisition and Construction...... $2,230,635
------------------------------------------------------------------------
National Ocean Service (NOS).--The recommendation includes
$3,000,000 for National Ocean Service procurement, acquisition
and construction.
National Weather Service (NWS).--The recommendation
includes $142,785,000 for NWS procurement, acquisitions and
construction, as requested.
NEXRAD.--Within amounts for Observations, the
recommendation includes the planned increase to continue the
Service Life Extension Program to extend the useful life of the
NEXRAD weather radar infrastructure through 2030. The Committee
notes that 85 percent of all tornado warnings are based on
radar detections.
NWS Facilities.--The recommendation includes $8,650,000, as
requested, to construct and provide for major repairs to
Forecast Offices and other government owned weather facilities,
including Weather Forecast Offices, River Forecast Centers,
Weather Service Offices, National Centers and Tsunami Warning
Centers. NOAA shall brief the Committee, no later than 180 days
after enactment of this Act, on the status of the NOAA
Facilities Condition Assessment and the implementation of the
Facilities Strategic Plan.
National Environmental Satellite, Data and Information
Service.--The recommendation includes $2,037,214,000 for NESDIS
procurement, acquisition and construction. The Committee
recommendation continues to focus its limited resources on the
Joint Polar Satellite System (JPSS) and Geostationary
Operational Environmental Satellite (GOES) programs in light of
their role in ensuring accurate and timely weather forecasts
and warnings. The Committee continues to be concerned with the
challenges that plague these programs, which have been
identified by the GAO, OIG, and the NESDIS Independent Review
Team (IRT). The Committee expects the Department of Commerce to
ensure that these critical programs are proceeding within the
cost estimates and meeting program milestones. The Committee
expects to be notified promptly if any issues arise that could
jeopardize the current launch schedules. The Department of
Commerce and NOAA shall remain engaged in the overall
management of JPSS, GOES and Polar Follow On (PFO) programs and
efforts to develop solutions to mitigate any gaps in either
JPSS or GOES programs and to address the fragility of the JPSS
program. NOAA shall continue to provide quarterly briefings to
the Committee regarding all NOAA satellite programs. These
briefings shall include the status of obligations for each
program, including spacecraft, launch, sensor, integration, and
ground components, and proposed changes to the fly out charts.
NOAA shall also include in these briefings updates on all of
its operational satellite systems.
Oversight.--The Committee reiterates its desire to ensure
that OIG and GAO staff are permitted at NOAA's monthly
satellites meetings. To further aid the Committee in its
oversight function, NOAA shall include biannual updates to the
Committee regarding the status of implementing OIG, GAO, and
IRT recommendations for NOAA's satellite programs.
Independent Review Team.--The Committee supports NOAA's
plan to initiate another IRT review of NOAA's satellite
programs. With the submission of the fiscal year 2018 budget
request, NOAA shall submit to the Committee the IRT's
independent assessment, which shall include a review of NOAA's
satellite enterprise, in addition to a review of NESDIS'
updated strategic plan.
Joint Polar Satellite System.--The recommendation includes
$787,246,000 for JPSS, the requested amount. This level of
funding will support the planned launch of JPSS-1 no later than
the second quarter of fiscal year 2017. The Committee is
concerned by ground system delays, which are increasing risk to
the JPSS-1 launch readiness, and expects to be kept fully
informed of progress on the Block 2 Ground System validation
and any proposed changes to testing or completion.
JPSS gap mitigation.--The Committee remains concerned about
the potential polar satellite data gap and expects NOAA to
continue to prepare for the potential data gap. Within 30 days
of enactment of this Act, NWS shall brief the Committee on
associated contingency plans, as recommended in OIG-16-026-1.
Polar Follow On (PFO).--The Committee funds PFO at
$370,000,000, equal to the fiscal year 2016 enacted amount and
$23,000,000 below the request. The Committee is concerned that
NOAA has not provided a Life Cycle Cost or an Independent Cost
Estimate for PFO to the Committee, and the schedules of PFO
remain uncertain. At the same time, NOAA has awarded the sensor
and spacecraft contracts for PFO. NOAA shall report quarterly
to the Committee on the steps it has taken to address the
findings of OIG-16-026-1, The Joint Polar Satellite System:
Further Planning and Executive Decisions are Needed to
Establish a Long-Term, Robust Program. As a follow on to the
JPSS program, the Committee expects NOAA to be able to
significantly reduce the risk and costs associated with these
satellites. The recommendation includes funds for the Earth
Observing Nanosatellite-Microwave mission.
Geostationary Operational Environmental Satellite-R (GOES-
R).--The recommendation includes $752,784,000 for the GOES-R
program, as requested. The Committee is disappointed that the
GOES-R satellite launch slipped by another six months. NOAA
shall continue to provide updates to the Committee regarding
the status of this program to include the on-orbit GOES
satellites, schedule risk and margin, and any proposed changes
to fly out charts.
Flyout Charts for GOES and JPSS.--NOAA's flyout charts are
an important tool in helping the Committee analyze proposed
plans and funding levels for NOAA's critical weather satellite
programs. The Committee expects these charts to be based on,
among other factors, assessments of the health of operational
satellites; the anticipated future availability of operational
satellites; the results of regular satellite availability
assessments; historical satellite performance; design life; and
planned programs. The Committee expects any changes to these
charts to be internally and externally vetted. NOAA's flyout
charts should reflect NOAA's operational assessments and
robustness planning for critical weather satellite programs.
Constellation Observing System for Meteorology, Ionosphere,
and Climate-2 (COSMIC-2)/Global Navigation Satellite System--
Radio Occultation (GNSS-RO).--NOAA should prioritize
competitively purchased commercial weather data as the method
to acquire new radio occultation data. NOAA shall submit a
specific spend and project plan to the Committee for COSMIC-2/
GNSS-RO, that demonstrates that NOAA has thoroughly reviewed
potential commercial radio occultation data sources. If the
plan proposes moving forward with additional COSMIC-2
satellites, the plan shall include the total cost to the U.S.
government of developing, procuring, launching and operating
COSMIC-2 Polar Orbiting Satellites, including how they would be
launched and what Federal agency would incur that cost. Funds
for COSMIC-2/GNSS-RO are not available for obligation until
this plan has been submitted to, and reviewed by, the
Committee.
Commercial satellite weather data.--The Committee is
pleased that NOAA proposes to continue and expand the
Commercial Weather Data Pilot. The Committee provides
$6,000,000 to ensure NOAA has the resources necessary to
thoroughly assess commercial data opportunities.
PACIFIC COASTAL SALMON RECOVERY
The Committee recommends $65,000,000 for Pacific Coastal
Salmon Recovery, which is the same as fiscal year 2016 and the
request. In addition, the accompanying bill includes language
that requires all funds to be allocated based on scientific and
merit principles and prohibits the availability of funds for
marketing activities. Bill language is included requiring a 33
percent match for States.
FISHERMEN'S CONTINGENCY FUND
The Committee recommends $350,000 for the Fishermen's
Contingency Fund, which is the same as fiscal year 2016 and the
request. This Fund is available to compensate U.S. commercial
fishermen for damage or loss caused by obstructions related to
oil and gas exploration, and is derived from fees collected by
the Secretary of the Interior.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends language under this heading
limiting obligations of direct loans to $24,000,000 for
Individual Fishing Quota loans and $100,000,000 for traditional
direct loans.
Departmental Management
SALARIES AND EXPENSES
The Committee recommends $58,000,000 for Departmental
Management, which is equal to the fiscal year 2016 enacted and
$16,503,000 below the request.
Cybersecurity.--The Secretary is directed to submit
quarterly reports to the Committee on the Department's
activities to improve its cybersecurity including updates on
addressing the Inspector General's cybersecurity concerns.
World Exposition.--The Secretary of Commerce shall provide
the necessary reports for any international expositions
proposed to be held in the United States prior to the President
making a national interest determination pursuant to the
requirements of Public Law 91-269.
RENOVATION AND MODERNIZATION
The recommendation includes $4,000,000 for the Department's
cost of the Herbert C. Hoover Building renovation and
modernization which is $15,062,000 below fiscal year 2016 and
$8,224,000 below the request. The recommendation prioritizes
funding for life safety systems and security improvements.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $35,000,000 for the Office of
Inspector General (OIG), which is $3,000,000 above fiscal year
2016 and $2,167,000 below the request. The recommendation also
includes transfers of $2,580,000 from the Census Bureau,
$1,302,000 from NOAA, and $2,000,000 from PTO for OIG oversight
of those activities.
The Committee expects the OIG to continue its oversight
work on cybersecurity, satellite procurements, telework, patent
quality, and the decennial census.
Security.--The Committee is concerned about potential
violations of security-related laws, regulations and policies
at the National Institute of Standards and Technology (NIST),
especially cases involving the inappropriate access of foreign
nationals to NIST facilities or information systems. The
Committee supports the thorough investigation and pursuit of
criminal and administrative remedies for such violations and in
fiscal year 2016 directed the OIG to undertake a review of NIST
security and foreign national access. The OIG shall provide the
Committee with a copy of its assessment when it is completed.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the following general provisions
for the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials designated by the
Secretary that such payments are considered to be in the public
interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for services,
and for uniforms and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires notification to the Committee of certain actions.
Section 104 extends congressional notification requirements
for NOAA satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of needed resources, with the consent
of those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain activities.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The Committee recommends $115,000,000 for Department of
Justice, General Administration, Salaries and Expenses, which
is $3,500,000 above fiscal year 2016 and $10,896,000 below the
request. Within the funding provided, the Committee encourages
the Department to fund the Justice Management Division at a
level that sustains its management and administrative support
of the Department's missions.
Third-party settlement payments.--The Committee understands
a multi-year congressional investigation has revealed that in
some cases the Department is requiring settling defendants to
donate money to third-party advocacy or activist groups. These
payments occur entirely outside of the congressional
appropriations and oversight process. Accordingly, section 539
prohibits the Department from entering into a civil settlement
agreement in which a defendant is required to make a donation
to a third-party that is not a victim of the defendant's
alleged unlawful activity. For the purposes of section 539, the
term ``donation'' shall not be construed to prohibit any
payment by a party to provide restitution for or otherwise
remedy the actual harm, directly and proximately caused by the
alleged conduct of the party, which is the basis for the
agreement. The prohibition does not bar payments, upon invoice,
to an organization or individual for services rendered to
redress, mitigate or otherwise remediate the actual harm
directly and proximately caused by a defendant's allegedly
unlawful conduct.
Spending plans and status of balances.--The Department has
alternative funding sources that lie largely outside the
discretionary appropriations process, as described in the 2015
Government Accountability Office report, GAO-15-48: Department
of Justice (DOJ) Alternative Sources of Funding in Fiscal Year
2013. To fulfill its oversight responsibilities, the Committee
needs to be informed about all such funding resources.
Therefore the Department shall include with future
congressional budget justifications a breakout of these funds
by prior, current and budget years for, respectively, actual,
estimated, and requested amounts assumed in the proposed
budget; and identify funding by agency, purpose, and source of
funding.
For the annual spending plan required by section 532, the
Department shall include details on all non-appropriated funds
the Department expects to obligate by agency and purpose. These
non-appropriated funds include, but are not limited to: Working
Capital Fund balances, including retained earnings and
unobligated balance transfers, civil debt collection proceeds,
Assets Forfeiture Fund (AFF) balances, and Criminal Justice
Information Services fingerprint checks fees. The plan shall
also report expected fund receipts and carryover balances, as
well as full-time equivalent (FTE) positions to be funded
through them, and clearly identify resources that supplement or
supplant discretionary appropriations. The Committee expects
deviations from the approved spending plan to be subject to the
reprogramming requirements of section 505 of the Act, if they
exceed threshold increases for on-going activities, or
represent new or multi-year initiatives. Finally, the
Department is directed to submit a quarterly report on the
status of AFF and Three Percent Fund collections, and to devise
a methodology for projecting and reporting anticipated future
year collections. The Committee expects that AFF funding will
have a demonstrated nexus to potential forfeiture actions, and
will not be used to fund law enforcement operations that can be
addressed through the regular budget and appropriation process.
Active shootings and technology.--The Committee is aware of
developments in networked gunshot detection system technology,
and encourages the DOJ to integrate such systems into first
responder active shooter training to evaluate system
effectiveness and develop best practices. The Department is
encouraged to work with the General Services Administration to
determine how such systems could augment security and enhance
capabilities to respond to active shooter situations inside
Federal facilities, and to coordinate efforts with the
Department of Homeland Security's Federal Law Enforcement
Training Center and Center for Domestic Preparedness.
Cyber-stalking and threat crimes.--The Committee is aware
of concerns regarding increased instances of severe harassment,
stalking, and threats transmitted in interstate commerce in
violation of Federal law. Such targeted attacks against
Internet users, particularly women, have resulted in the
release of personal information, forced individuals to flee
their homes, had a chilling effect on free expression, and
limited access to economic opportunity. The Committee strongly
urges the Department to intensify its efforts to combat this
destructive abuse and expects to see increased investigation
and prosecution of these crimes.
War crimes and human rights.--The Committee notes that the
fiscal year 2015 annual Federal Bureau of Investigation (FBI)
Human Rights report described progress made by the FBI
International Human Rights Unit (IHRU), the successor to its
Genocide War Crimes Program, and its partners in law
enforcement, intelligence and prosecution, in the campaign to
identify, investigate and prosecute perpetrators of serious
human rights violations. The Committee is pleased IHRU has
increased staffing, has established active outreach in all FBI
field offices, and is training field office personnel. The
Committee also notes IHRU collaboration with its Federal
partners in the Criminal Division, the Departments of Homeland
Security and State, and the Intelligence Community, as well as
with foreign counterparts and nongovernmental organizations
have resulted in a growing number of active, complex and
transnational investigations. The Committee directs the FBI and
the Department of Justice to submit an updated annual report
for fiscal year 2016 with its fiscal year 2017 budget request.
The report concludes that human rights violation cases
often have complex, transnational connections, and
investigations of them are hampered by ambiguous or missing
historical records, a matter of immediate concern in the
context of human rights violations by the Islamic State (ISIL).
The Committee applauds the Administration for its recent
designation of the atrocities perpetrated by ISIL against
Christians, Yezidis, and other religious and ethnic minorities
in Iraq and Syria as war crimes, crimes against humanity, and
genocide under the terms of the United Nations Convention on
the Prevention and Punishment of the Crime of Genocide, which
was signed and ratified by the United States. This designation
builds on the unanimous vote by the House of Representatives in
March that such crimes constitute war crimes, crimes against
humanity and genocide.
To ensure this designation results in Federal government
enforcement action, the Committee directs the Department, in
cooperation with the FBI and Department of State, to lead a
task force of prosecutors and law enforcement to review legal
options available under Federal law and any international
treaties of which the U.S. is party for the prosecution of ISIL
members, those seeking to join ISIL and others providing
material support to ISIL, as well as recommendations for
changes to the United States Code to strengthen prosecution of
these crimes against humanity. A report on the task force
conclusions, to be submitted to the Committee and the Attorney
General not later than 180 days after enactment of this Act,
should address how anti-terrorism and war crimes statutes can
be used in conjunction for prosecution, and review past cases
when these laws have been used successfully to prosecute and
convict genocidaires.
Sole sourcing of equipment and scientific instruments.--The
Committee urges the Department to employ full and open
competition in any procurement or upgrade of law enforcement
equipment, to include scientific instruments and specialized
communication equipment.
Trafficking and transport of children.--The Committee
expects the Attorney General to ensure the Innocence Lost
National Initiative enhances capabilities of State and local
law enforcement officers to detect, investigate and prosecute
those who patronize or solicit children for sex; and that all
Initiative-funded task forces and DOJ agencies increase efforts
to deter and punish child labor trafficking. The Committee also
expects the Department to implement provisions of section 1088
of Public Law 112-239, regarding female genital mutilation.
Extraditions for return of American children.--The
Department is directed to prioritize international child
abduction cases, in coordination with the Secretary of State
and left behind parents who have requested Department of
Justice involvement.
Illegal use of body armor.--The Committee is concerned with
the use of body armor in criminal activity, and directs the
Department to conduct a review of such usage in criminal
activity, and available data on such crimes. The Department
shall report to the Committee not later than 180 days after the
enactment of this Act on the results.
Identity theft.--Identity theft and related crime have a
substantial impact on individuals, families, communities and
our national economy. The Committee directs the Department to
conduct a strategic review of identity theft and fraud in
cooperation with the Federal Trade Commission. In addition, the
review shall include the status of prosecutions and any other
relevant information related to Internal Revenue Service
impersonation scams.
Body-worn cameras.--The Committee supports the Department's
provision of grant funding to State, local and tribal law
enforcement agencies for the procurement of body-worn cameras.
The Committee encourages the Department to develop and
promulgate policies, procedures and guidance to Federal
agencies for the procurement and deployment of body-worn
cameras in Federal law enforcement units.
Interagency coordination.--The Committee directs the
Department to coordinate with the Department of Homeland
Security and designate a liaison to assist communities affected
by a terrorist attack in navigating through Federal government
assistance programs.
Conferences.--The Committee understands that OMB Memorandum
M-0912-12 called for agencies to reduce travel expenses 30
percent compared to the fiscal year 2010 level, and limit
conference spending. The Committee expects the Department of
Justice to minimize conferences and limit conference expenses
to those necessary to carry out the mission of the Department.
The Committee expects the Department to make conference
location decisions based on transparency, accountability and
best value in the use of appropriated funds.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $40,000,000 for Justice
Information Sharing Technology, which is $9,000,000 above
fiscal year 2016 and $17,561,000 below the request. The
Committee supports the Department's efforts to enhance its
cybersecurity, and has therefore continued to include bill
language providing the Department discretion and flexibility to
transfer available Departmental funds to meet needs for IT
transformation and cybersecurity, subject to the reprogramming
procedures included in this Act.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $457,154,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is
from immigration examination fees. The recommendation is
$29,003,000 above the request. The recommendation will support
25 additional immigration judge (IJ) teams. In addition, the
recommendation includes a $1,706,000 program increase for the
modernization of mission critical systems and a $5,727,000
program increase for infrastructure improvements. The
recommendation sustains the current legal orientation program
and related assistance, such as the information desk pilot. The
recommendation does not include any funding to establish or
fund a legal representation program.
Assuring immigration regulation helps optimize strong
enforcement.--The Committee is concerned with the pace of
hiring and onboarding Immigration Judges funded in fiscal years
2015 and 2016, and expects the Department to accelerate the
recruitment, background investigation and placement of IJ teams
to areas that have the highest workload. The Committee is
alarmed that despite the increased resources provided to EOIR
in fiscal years 2015 and 2016, the median days pending for a
detained immigration case is 71 days and the median days
pending for a non-detained case is 665 days. While the
Committee understands that factors outside the control of
Immigration Judges can affect case length, these median case
times are unacceptable. The Committee directs EOIR to establish
a goal that by the end of the fiscal year 2017 the median days
pending of detained cases be no longer than 60 days, and the
median length for non-detained cases be no longer than 365
days. To monitor the progress in this effort, the Committee
directs EOIR to continue to provide monthly reporting on EOIR
performance and IJ hiring as specified in the statement
accompanying the fiscal year 2016 Omnibus Appropriation Act.
Court space.--The recommendation fully funds the request
for additional court infrastructure and expects EOIR to use
these funds fully to ensure that additional IJ teams have the
necessary court space. However, the Committee is concerned that
EOIR is not using all available EOIR or Department of Homeland
Security (DHS) space. EOIR is directed to provide a report to
the Committee within 90 days of enactment of this Act outlining
its utilization of existing EOIR and DHS space and its plans
for acquiring additional space in order to accommodate
additional Immigration Judges.
Visa overstay cases.--The Committee directs EOIR to submit
a report, no less than 60 days after enactment of this act, and
monthly thereafter, detailing the number of instances of visa
overstay cases that have been adjudicated through the court
system, and recommend steps to take in coordination with other
agencies to streamline visa overstay adjudication procedures.
To better understand the policy and practice of immigration
courts in setting detainee bonds, the Committee directs the
Executive Office for Immigration Review (EOIR) to report within
120 days of enactment on how immigration judges use ``ability
to pay'' criteria in determining the amounts of bonds, and the
process for appealing such bond decisions. In addition, the
report should include for fiscal years 2012-2016 the number of
requests for reconsideration or appeals of bond amounts; how
many requests or appeals resulted in reductions in bonds; and
how many detainees did not pay bond set by an immigration
judge.
OFFICE OF THE PARDON ATTORNEY
The Committee recommends $4,496,000 for the Office of the
Pardon Attorney. The recommendation is $4,797,000 below the
requested level.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $93,709,000 for the Office of
Inspector General (OIG), which is the same as fiscal year 2016
and $4,105,000 below the request.
The Committee has heard concerns that Asian Americans and
Pacific Islanders have been profiled by Department of Justice
investigators and prosecutors on the basis of race and national
origin, including in espionage and trade secret cases. The
Committee expects the Department of Justice Office of Inspector
General to assess whether there exists a pattern or practice of
using race, national origin, and other civil rights
classifications to target Federal employees and other
Americans; report on any allegations of civil rights or civil
liberties violations committed by DOJ employees in its
semiannual reports to Congress as required by Section 1001 of
the USA PATRIOT Act (Public Law 107-56); and if such patterns
or practices are found to exist, to describe steps the
Department has taken to address them.
United States Parole Commission
SALARIES AND EXPENSES
The Committee recommends $13,308,000 for the United States
Parole Commission, which is the same as fiscal year 2016 and
$692,000 below the request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends $893,000,000 for General Legal
Activities, which is the same as fiscal year 2016 and
$64,423,000 below the request. The Committee has provided
separate funding recommendations by decision unit as follows:
Office of the Solicitor General......................... $11,885,000
Tax Division............................................ 106,979,000
Criminal Division....................................... 181,745,000
Civil Division.......................................... 292,214,000
Environmental and Natural Resources Division............ 107,089,000
Office of Legal Counsel................................. 7,989,000
Civil Rights Division................................... 148,239,000
INTERPOL Washington..................................... 36,860,000
---------------
Total, General Legal Activities..................... $893,000,000
Within the funding provided, the Criminal Division shall
prioritize funding to address the backlog in handling Mutual
Legal Assistance Treaty (MLAT) requests. Also within the
funding provided, the Committee supports the International
Criminal Investigative Training Assistance Program and Office
of Overseas Prosecutorial Development Assistance and Training
programs to develop stronger relationships with foreign law
enforcement and prosecutorial counterparts.
Human trafficking.--The Civil Rights Division shall
prioritize funding for the Human Trafficking Prosecution Unit
and the Department's Anti-Trafficking Coordination Teams to
investigate and prosecute human traffickers. The Committee
directs the Department to work with victim service providers
and non-governmental organizations assisting trafficking
victims in the United States.
Group Homes, Local Land Use, and the Fair Housing Act
(Joint Statement).--The Committee is aware that the Attorney
General is in the process of updating the 1999 Joint Statement
on Group Homes, Local Land Use, and the Fair Housing Act. The
Committee stresses the importance of the Attorney General
coordinating with the Secretary of Housing and Urban
Development to complete this process in a timely manner and
recognizing or defining the role of State or local government
in defining zoning ordinances, licensing, and registration
requirements regarding sober homes.
Deinstitutionalization.--The Committee notes the nationwide
trends towards deinstitutionalization of patients with
intellectual or developmental disabilities in favor of
community-based settings. The Committee also notes that in
Olmstead v. L.C. (1999), a majority of the Supreme Court held
that the Americans with Disabilities Act does not condone or
require removing individuals from institutional settings when
they are unable to handle or benefit from a community-based
setting, and that Federal law does not require the imposition
of community-based treatment on patients who do not desire it.
The Committee notes that the Department of Health and Human
Services Appropriations Act, 2016 requires notification of
affected individuals of their legal rights in this regard.
Civil rights division, voting section.--The Committee looks
forward to receiving the report required in the fiscal year
2016 Omnibus about Section 203 cases investigated in fiscal
year 2016. When the fiscal year 2018 budget request is
submitted, the Department of Justice shall submit to the
Committee the same reporting on Section 203 case investigations
for fiscal year 2017.
VACCINE INJURY COMPENSATION TRUST FUND
The recommendation includes $10,000,000 as a reimbursement
from the Vaccine Injury Compensation Trust Fund for costs of
litigating cases under the National Childhood Vaccine Injury
Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommends $164,977,000 for salaries and
expenses of the Antitrust Division, which is the same as fiscal
year 2016 and $15,529,000 below the request. The recommended
funding level is offset by $125,000,000 in estimated fee
collections for a net direct appropriation of $39,977,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The Committee recommends $2,050,000,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, which is $50,000,000 above fiscal year 2016
and $24,402,000 below the request. Within this amount the
Department is expected to support enhanced efforts to address
drug trafficking, cybercrime and human trafficking.
Human trafficking.--The recommendation continues bill
language directing each U.S. Attorney to participate in human
trafficking task forces, and the Department shall continue to
submit semiannual reports on the performance of these task
forces.
Prosecuting immigration crime.--Federal criminal
immigration laws must be enforced in a consistent and effective
manner, and to support this objective the Committee has sought
information about how the Department and United States
Attorneys prosecute and enforce such laws. The Committee has
not yet received the report on immigration law enforcement that
was required by the fiscal year 2016 Appropriations Act, in the
detail specified in House Report 114-130. The Department is
therefore directed to submit that report as soon as possible,
and to provide a supplemental report not later than 60 days
after enactment of this Act that provides comparable
prosecution, sentencing and deportation information for fiscal
year 2016. The Committee expects the Department to show
leadership in addressing the continued high level of illegal
immigration, and directs it to make vigorous use of statutory
provisions at its disposal to investigate and prosecute
violations of Federal law associated with improper entry or
illegal reentry following deportation, including sections 1325
and 1326 of title 8, United States Code.
Prescription drug abuse.--The growing, nationwide crisis of
prescription drug abuse has led to rising fatalities, and
addressing this issue remains a core Federal law enforcement
mission. The Committee expects U.S. Attorneys will give
priority to investigating and prosecuting criminals who profit
from trafficking, to include pain clinics that serve as fronts
for the illegal distribution of addictive painkillers.
Trafficking and money laundering enforcement.--The
Committee expects the Department will continue to make drug
trafficking and money laundering enforcement an investigative
and prosecutorial priority for Federal prosecutors.
Intellectual Property Rights (IPR) enforcement.--The
Committee expects the Department to continue to make IPR
enforcement an investigative and prosecutorial priority for
Federal prosecutors.
UNITED STATES TRUSTEE SYSTEM FUND
The Committee recommends $225,908,000 for the United States
Trustee Program, which is the same as fiscal year 2016 and
$3,809,000 below the request. The recommended funding is offset
by $163,000,000 in estimated fee collections for a net direct
appropriation of $62,908,000.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $2,374,000 for the Foreign Claims
Settlement Commission, which is the same as fiscal year 2016
and $35,000 below the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $270,000,000, which is the same as
fiscal year 2016 and the request, for fees and expenses of
witnesses who appear on behalf of the Government in cases in
which the United States is a party. This appropriation is
considered mandatory for scorekeeping purposes.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $15,500,000 for the Community
Relations Service, which is $1,054,000 above fiscal year 2016
and $3,490,000 below the request. The recommendation supports
funding for the Emmett Till Unsolved Civil Rights Act.
ASSETS FORFEITURE FUND
The Committee recommends $20,514,000 for expenses
authorized by subparagraphs (B), (F), and (G) of section
524(c)(1) of title 28, United States Code. This amount is same
as the fiscal year 2016 and the budget request.
Section 523 rescinds $304,000,000 from the Assets
Forfeiture Fund (Fund), which is equal to the budget request.
The Committee was disappointed the Department chose to suspend
equitable sharing payments for a portion of fiscal year 2016.
The Department reports that balances in the Fund will be
sufficient to allow the Department to rescind $304,000,000 with
no delays in the payment of equitable sharing payments. The
Committee therefore directs the Department to refrain in fiscal
year 2017 from suspending or delaying payments for equitable
sharing distributions for asset forfeitures that the Department
has approved.
Section 532 of the bill requires the Department to submit a
spending plan for fiscal year 2017. The Committee directs the
Department to include in this plan proposed spending from the
Fund, to include estimates of: fund balances; equitable sharing
payments; Joint Law Enforcement Operations obligations; and
obligations by component.
United States Marshals Service
SALARIES AND EXPENSES
The Committee recommends $1,258,000,000 for the salaries
and expenses of the United States Marshals Service (USMS),
which is $27,419,000 above fiscal year 2016 and $17,156,000
below the request. Within this the Committee includes
$7,900,000 to implement the International Megan's Law to
Prevent Child Exploitation and Other Sexual Crimes (Public Law
114-119) and ensure USMS can carry out its responsibilities to
vet and provide notification of sex offenders traveling abroad.
The Committee expects the USMS to continue and strengthen its
fugitive apprehension support aircraft program.
Detection technology.--The Committee encourages the USMS to
seek cost effective ways to build on and leverage its use of
detection technologies to increase safety of fugitive
apprehension task forces, saving both lives and money.
CONSTRUCTION
The Committee recommends $10,000,000, which is $5,000,000
below fiscal year 2016 and the same as the request, for
construction and related expenses in space controlled, occupied
or used by USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $1,475,000,000 for Federal
Prisoner Detention, which is $20,586,000 above fiscal year 2016
and $29,009,000 below the request.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $97,337,000 for the National
Security Division (NSD), which is $2,337,000 above fiscal year
2016 and the same as the request. This amount will help NSD
address its growing national security and counterterrorism
workload, including its Foreign Intelligence Surveillance Act
responsibilities.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The Committee recommends $522,135,000 for Interagency Crime
and Drug Enforcement, which is $10,135,000 above fiscal year
2016 and the same as the request. Funds are included under this
heading to support interagency Organized Crime Drug Enforcement
Task Forces (OCDETF), which target high-level drug trafficking
organizations through coordinated, multi-jurisdictional
investigations. The recommendation includes a program increase
of $3,793,000 for the Co-located Strike Force/Southwest Border,
as proposed in the budget request.
Decision unit subtotals.--The recommendation includes
$360,711,000 for investigations and $161,424,000 for
prosecutions. The Committee expects OCDETF will enhance its
investigative, intelligence and prosecutorial efforts through
OCDETF-led activities, including the OCDETF Fusion Center,
OCDETF Co-located Strike Forces and the International Organized
Crime Intelligence and Operations Center, and direct
collaboration with State and local law enforcement, United
States Attorneys' offices and the Criminal Division.
Full-Time Equivalents (FTE).--The Committee directs the
Department to submit with its fiscal year 2018 budget request
an updated report on FTE devoted to OCDETF cases at the level
of detail provided in its September 9, 2015 report to the
Committee. The report should include actual and projected
investigative and prosecutorial FTE devoted to OCDETF cases for
fiscal years 2016-2018, broken out by agency and funding
source.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The Committee recommends $8,768,884,000 for the salaries
and expenses account of the Federal Bureau of Investigation
(FBI), which is $279,098,000 above fiscal year 2016 and
$50,000,000 above the request. The increase reflects funding
necessary to carry out essential elements of FBI's mission, in
particular its critical work on terrorism, national security,
and cyber threats. These include supporting work on the Next
Generation Cyber program, IT Infrastructure, training and new
technology challenges; confronting threats from foreign
intelligence and insiders; addressing capacity constraints in
data sharing that have impacts on the FBI's ability to timely
share vast quantities of forensic and other data; helping the
FBI combat intrusions, investigate cybercrime, and improve
cybersecurity; and ensuring it can carry out its render safe
mission.
The Committee recommendation is also intended to help
ensure the FBI can meet the growing challenge from both home-
grown and ``foreign fighters'' and sustain growing workload for
field operations, to include the need for physical
surveillance. The Committee recommendation includes funding to
enhance operational and information technology resources to
address transnational organized crime.
Finally, the recommendation supports the programs of the
Criminal Justice Information Services Division, including but
not limited to the Biometric Technology Center, Next Generation
Identification, the National Crime Information Center, and the
National Instant Criminal Background Check System.
The Committee has provided separate funding recommendations
by decision unit as follows:
Intelligence.......................................... $1,748,966,000
Counterintelligence and National Security............. 3,588,224,000
Criminal Enterprise and Federal Crimes................ 2,920,394,000
Criminal Justice Services............................. 511,300,000
-----------------
Total, Salaries and Expenses...................... $8,768,884,000
Digital Rights Management (DRM) technology.--The Committee
expects the FBI to lead the Federal community in preventing the
unauthorized review, redistribution and modification of
sensitive Government information, and is aware the FBI is
testing DRM shared service capability for this purpose. The
Committee requests a briefing not later than 45 days after the
enactment of this Act on FBI plans to protect internal data
across the FBI enterprise, including prospects for adopting DRM
technology.
Human trafficking investigations.--Additional resources in
the bill will enable the FBI and its field offices to increase
investigation of human trafficking and forced labor crimes, and
to work with potential victims of such crimes. The Committee
encourages the FBI to work closely with victim service
providers on victim referrals and assistance, as well as with
the Department of Homeland Security in cases involving alien
victims of severe forms of trafficking, and on improving FBI
agent training in the identification of human trafficking. The
Committee supports FBI leadership in its Innocence Lost
initiative, to include Operation Cross Country, which has
helped recover underage trafficking victims and led to the
arrest of hundreds of traffickers. The Committee encourages the
FBI to improve use of forensic interviews of victims, and
directs it to report not later than 60 days after the date of
enactment of this Act the total number of individuals arrested
during Operation Cross Country actions for purchasing sex, and
the number of individuals so identified but not arrested.
Aviation modernization.--The FBI aviation program supports
critical surveillance, render safe, tactical and transportation
missions, but the Committee is aware the base budget covers
only operations, leasing and maintenance, with no identified
funding for fleet modernization or replacement of aircraft to
ensure optimal readiness and performance. The Committee
understands the FBI is conducting cost-benefit analyses of
purchase versus lease arrangements for different aircraft
missions. The Committee encourages the FBI, as it conducts this
review, to include fleet modernization and replacement
considerations, as well as long-term cost avoidance, into its
base budget plan for its aviation program, and to submit
reprogramming proposals should such funding action be
justified. The Committee directs the FBI to provide a briefing
not later than 90 days after enactment of the Act on the
aviation program and forecasted expenses, and how it is
addressing its overall fleet performance and ensure continuity
of operations, reliability and a cost-effective approach. The
briefing should refer to baseline information reported to the
Committees on Appropriations pursuant to the fiscal year 2014
Department of Justice Appropriation Act, as specified in House
Report 113-171.
Intellectual property rights (IPR) enforcement.--The
Committee expects the FBI to prioritize the investigation of
IPR cases, and to coordinate with IPR units at the U.S.
Attorneys and the Criminal Division.
CONSTRUCTION
The Committee recommends $308,982,000 for the construction
of FBI facilities and related activities, which is the same as
fiscal year 2016 and $474,500,000 below the request. Funding in
this account will facilitate and expedite work on current
design and construction projects, in particular the new
headquarters. Other project work includes ongoing work at
Quantico, secure work environment building and modifications
and data center consolidation.
The recommendation does not adopt the proposed reduction to
the secure work environment program. $240,000,000 is provided
for the new headquarters. The Administration is expected to
work with the House Transportation and Infrastructure Committee
to secure approval of a prospectus for this project.
Drug Enforcement Administration
SALARIES AND EXPENSES
The Committee recommends total budget authority of
$2,485,638,000 for salaries and expenses, of which $382,662,000
is derived from fees deposited in the Diversion Control Fund,
and $2,102,976,000 is provided by direct appropriation. The
recommended direct appropriation is $22,976,000 above fiscal
year 2016 and equal to the request. The increase will support
DEA's growing enforcement workload, including rising threats
from heroin and opioids, challenges in its overseas programs,
and the provision of continuing support to State and local
partners.
Diversion control.--The recommendation includes
$382,662,000 for the regulatory and enforcement activities of
DEA's Diversion Control Program. The Diversion Control Program
is funded by fee collections. Within this level of funding is
an $8,874,000 increase to enhance diversion control programs.
Methamphetamine lab cleanup.--The funding recommendation
for Community Oriented Policing Services includes $11,000,000
for transfer to DEA to assist State, local and tribal law
enforcement agencies with the removal and disposal of hazardous
materials at methamphetamine labs, including funds for
training, technical assistance, purchase of equipment and a
container program.
Prescription drug and heroin abuse.--The Committee
continues to be extremely concerned about the rising harm of
prescription drug abuse, and crisis levels of heroin abuse and
overdoses. DEA's 2015 National Drug Threat Assessment reports
that overdose deaths rose 244 percent between 2007 and 2013,
and notes that these numbers may be undercounted. The report
also notes the increase in smuggling across the borders and the
continued role of major trafficking cartels in moving heroin
and other drugs into U.S. communities. The Committee
recommendation supports a vigorous investigative program for
DEA to deal with these rising threats, and directs DEA to brief
the Committee no later than 60 days after enactment of this Act
on the actual or estimated number of heroin and prescription
drug diversion investigations for fiscal years 2015 through
2017, the amounts and street value of drugs associated with
such investigations, and prosecutions resulting from
investigations. The Committee also encourages DEA to work with
partner agencies, to include the Department of Health and Human
Services, on outcome measures of success that reflect the
impact of multi-agency efforts, such as reduction in the
incidence and the severity of abuse. The Department is expected
to collaborate with all its partner agencies to allocate
resources strategically and avoid duplication or fragmentation
of efforts. The recommendation includes a program increase of
$12,483,000 for four new heroin enforcement teams.
Fentanyl.--The Committee heard testimony from the Acting
Administrator this year describing the potency and harm of
fentanyl, an extremely dangerous synthetic opioid that has
contributed to the alarming increase in fatal heroin overdoses.
DEA reports that fentanyl is up to 50 times more potent than
heroin and up to 100 times more potent than morphine.
Traffickers and dealers are cutting heroin with fentanyl to
meet demand and increase its potency, but most users are
unaware of this increasing the risk of overdose. The Committee
directs DOJ and DEA to include fentanyl monitoring,
interdiction and testing in their efforts to counter heroin
abuse.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The Committee recommends $1,257,757,000 for the salaries
and expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), which is $17,757,000 above fiscal year 2016
and $48,306,000 below the request. The recommendation provides
for inflationary cost adjustments and additional funds for the
processing of National Firearms Act (NFA) applications. No
funds are provided for additional agents or inspectors.
The Committee is concerned that Federal law enforcement
agencies do not consistently enter crime scene ballistics
evidence into the National Integrated Ballistics Imaging
Network (NIBIN), despite evidence that doing so aids
investigations and reduces gun violence. The Department shall
brief the Committee not later than 60 days after enactment of
this Act on the status of establishing protocols and
implementing such information sharing, as well as efforts to
improve the quality of trace and eTrace submissions from
partner agencies, and meet the challenge posed by obliterated
serial numbers. The Committee also understands the Department
is considering developing new standards for acquisition and
identification of ballistic images. The Committee expects such
an effort will be conducted in a transparent and comprehensive
manner, so as to incorporate requirements and perspectives from
current and future NIBIN users, criminal investigators, and
technology developers, ensure interoperability of systems, and
support the continued ability to examine and correlate existing
and future ballistic data. The Committee directs ATF to provide
a briefing on the status of such efforts not later than 90 days
after the date of enactment of this Act.
Counter-improvised explosives devices.--The Committee
encourages ATF to support the work of its National Center for
Explosives Training and Research on countering advanced
improvised explosive devices.
National Firearms Act.--The Committee is concerned with
rising processing times for NFA transfer applications, and the
prospect that new rules taking effect this year may increase
the need for background checks. The recommendation includes a
$6,000,000 program increase to address growing NFA workload,
and directs ATF to brief the Committee not later than 45 days
after the enactment of the Act on its NFA application backlog
and its plans to achieve lower processing times in fiscal year
2017.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $7,016,791,000 for salaries and
expenses of the Bureau of Prisons (BOP), which is $68,291,000
above fiscal year 2016 and $169,434,000 below the request.
Contract confinement.--The Committee views contract
confinement as an effective tool to help BOP meet low security
facility requirements to help alleviate overcrowding. The
Committee is concerned that the Bureau still remains crowded in
its medium and high security institutions. Additionally, the
Committee is concerned that the Bureau continues to house low
security inmates in more costly environments where cost savings
could be realized by using available State, local and private
prison capacity. In order to promote safety, minimize
overcrowding, and ensure a fiscally efficiently run prison
system, the Committee directs the Bureau to look at the current
classification of all inmates in their system and submit to the
Committee within 90 days from enactment of this Act a capacity
realignment plan to ensure that inmates with lower security
classifications (both U.S. citizens and criminal aliens) are in
the most cost effective facilities. If the Bureau determines
that some inmates can be shifted to lower cost alternatives to
alleviate overcrowding, the plan should include detailed steps
the Bureau will take that includes population projections,
overcrowding percentages, timelines, and cost savings.
Medication assisted treatment.--The Committee encourages
the Bureau of Prisons to make abstinence-based relapse
prevention treatments options available to inmates with a
history of opioid dependence.
Contraband communication devices.--The Committee remains
concerned about the use of contraband cellular phones and
devices in BOP or BOP-contracted facilities, in some cases to
direct criminal activity outside the facilities. The Committee
is aware that research continues into development of
countermeasures, as detailed in its May 2015 report to the
Committees, and urges BOP and the Department to take steps to
help expedite such research, continue pilot testing, and to the
extent possible, implement systems, methods and procedures to
thwart illegal use of telecommunications by inmates and help
protect the officers and public.
Oleoresin Capsicum (OC) aerosol spray pilot program.--The
Committee notes that in March the President signed into law the
Eric Williams Correctional Officer Protection Act of 2015,
Public Law 114-133, authorizing all officers and employees of
the Bureau of Prisons to carry OC spray. The Act requires OC to
be issued to officers and employees to reduce acts of violence,
establishes training requirements, and requires the Government
Accountability Office to conduct an evaluation of the policy
and report to Congress. The Committee encourages BOP to keep
the Committee informed about the implementation of this policy
and its results.
Personal firearms.--The Committee recognizes the Bureau's
responsibility to control the use of firearms on BOP
facilities. At the same time, it understands that BOP does not
have a policy that would ensure officers who are legally
authorized to carry a concealed firearm for self-protection can
have an on-site, secure gun locker, or alternatively, lock
weapons securely in their personal vehicles. The Committee
encourages the Bureau to review this issue and implement a
policy that enables officers to secure their personal firearms
while on duty in a fashion that preserves security on Bureau
sites but also facilitates officers' legal rights to keep and
bear arms.
New detainer cooperation policy.--The Committee is very
pleased that the Department has adopted a new policy that
ensures BOP will, when releasing an inmate from custody for
whom there is an outstanding detainer request from U.S.
Immigration and Customs Enforcement (ICE), first offer the
individual to ICE to be taken into custody for deportation
processing. This policy, while it may allow for transfer to
another jurisdiction for prosecution for outstanding criminal
action, will ensure such a transfer will only occur when ICE is
assured it will regain custody of the individual at the end of
adjudication process to permit the deportation process to
proceed. The Committee believes this cooperation between the
Department and the Department of Homeland Security marks a real
improvement in public safety, and progress in the effort to
ensure dangerous and deportable criminals remain in government
custody until they are removed from the United States.
BUILDINGS AND FACILITIES
The Committee recommends $140,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, which is
$390,000,000 below fiscal year 2016 and $26,978,000 above the
request. The recommendation includes $50,000,000 for costs
related to construction of new facilities; not less than
$77,000,000 for maintenance and repairs of existing facilities,
to include inmate work areas, of which not to exceed
$14,000,000 shall be available to construct areas for inmate
work programs; and up to $13,000,000 for the cost of base
construction staff and operations.
The Committee directs the Bureau to move forward with
ongoing facilities planning and associated new construction to
meet projected capacity requirements as identified in the
monthly status of construction reports to the Committees on
Appropriations. The Committee directs the BOP to continue to
provide monthly status of construction reports and to notify
the Committee of any changes reflected in those reports.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The Committee recommends a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated, (FPI) which is the same as fiscal year 2016 and
the request.
State and Local Law Enforcement Activities
In total, the Committee recommends $2,392,956,000 for State
and local law enforcement and crime prevention grant programs,
including $2,319,956,000 in discretionary appropriations.
Management and administrative expenses.--The Committee
encourages grant offices to minimize administrative spending to
maximize funding for grants or training and technical
assistance. The Committee also directs the Department to ensure
that the methodology for assessing management and
administration costs is equitable and reflects a fair
representation of the share of common management and
administrative costs associated with each program. The
Committee notes that an across-the-board percentage assessment
may not be the most appropriate solution. The Committee is
aware that, in general, the Department's grant offices for
State and Local Law Enforcement Activities have authority to
allocate certain expenses administratively to activities that
are ancillary to the core purposes of the appropriation (e.g.,
peer review for a competitive program, training and technical
assistance, and research and statistical activities).
Office of Victims of Crime (OVC).--The recommendation
provides $2,737,000,000 for the Crime Victims Fund. Within
available resources, OVC may implement the office's Vision 21,
which seeks to bring better technology, planning, research and
data into the crime victims services field.
The Committee expects the Department of Justice to consult
with Indian tribal governments on the distribution of the funds
made available in section 510 from the Crime Victims Fund.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The Committee recommends $527,500,000 for the Office on
Violence Against Women (OVW), which is $47,500,000 above fiscal
year 2016 and $38,500,000 above the request. The recommendation
does not divert funds from the Crime Victims Fund to pay for
these discretionary programs. The recommendation includes
funding above the request for Services, Training, Officers, and
Prosecutors (STOP) grants, research and evaluation on violence
against women, and the Rape Survivor Child Custody Act. The
recommendation also funds the victims of trafficking program
under this heading. Funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants........................................... $215,000
Transitional Housing Assistance....................... 30,000
Research and Evaluation on Violence Against Women..... 5,000
Consolidated Youth-Oriented Program................... 11,000
Grants to Encourage Arrest Policies................... 51,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Victims Services....................... 35,000
Rural Domestic Violence and Child Abuse Enforcement... 34,000
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 Resource Center on Workplace Responses....... 500
Research on Violence Against Indian Women............. 1,000
Indian Country-Sexual Assault Clearinghouse........... 500
Tribal assistance..................................... 5,000
Victims of trafficking................................ 45,000
Rape Survivor Child Custody Act....................... 2,500
=================
TOTAL, Violence Against Women Prevention and $527,500
Prosecution Programs...............................
------------------------------------------------------------------------
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The Committee recommends $93,000,000 for Research,
Evaluation and Statistics, which is $23,000,000 below fiscal
year 2016 and $61,000,000 below the request. Funds are
distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics.......................... $48,000
National Crime Victimization Survey................. (6,000)
NCS-X Implementation Program.......................... 5,000
National Institute of Justice......................... 40,000
=================
TOTAL, Research, Evaluation and Statistics.......... $93,000
------------------------------------------------------------------------
Forensics.--The recommendation does not include funding for
the forensics initiative. The Committee is concerned that the
Administration's forensic sciences initiative lacks the
involvement of the State and local practitioner community,
making the community an observer--not a participant--in
addressing forensic reform, and thereby running the risk that
the initiative will not take into consideration existing,
proven standards and processes used within the community. This
matter is also addressed elsewhere in the report.
Human trafficking research.--The Committee acknowledges the
difficulty in estimating the prevalence of human trafficking,
and the corresponding difficulty in gauging the effectiveness
of the criminal justice system's response to the problem.
Research can play an invaluable role in understanding
prevalence and effectiveness through improved data collection
and analysis. The Committee encourages the National Institute
of Justice to increase funding for research into human
trafficking.
Campus climate.--The Committee supports the Department's
development and testing of a pilot campus climate survey. The
pilot suggests the vast 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 upon the pilot survey and
developing a cost-effective, standardized, and methodologically
rigorous nationwide research program on campus sexual assault.
High-risk vehicle events.--The Committee encourages the
Bureau of Justice Statistics to develop a data collection
process to accurately capture the number of deaths and injuries
from police pursuits and high-risk vehicle events.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The Committee recommends $1,199,906,000 for State and Local
Law Enforcement Assistance programs, which is $208,594,000
below fiscal year 2016 and $102,106,000 above the request.
Funds are distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............. $476,000
Officer Robert Wilson III VALOR Initiative.......... (20,000)
Domestic Radicalization Research.................... (4,000)
Bulletproof Vest Partnership........................ (22,500)
Juvenile Indigent Defense........................... (2,500)
NamUS............................................... (2,400)
State Criminal Alien Assistance Program............... 273,906
Capital Litigation and Wrongful Conviction Review..... 2,000
White Collar Crime Prevention......................... 10,000
Adam Walsh Act Implementation......................... 20,000
National Sex Offender Public Website.................. 1,000
Violent Gang and Gun Crime Reduction.................. 20,000
National Instant Criminal Background Check System 73,000
(NICS) Initiative....................................
DNA Initiative........................................ 125,000
Debbie Smith DNA Backlog Grants..................... (117,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants. (4,000)
Sexual Assault Forensic Exam Program Grants......... (4,000)
CASA--Special Advocates............................... 9,000
Prison Rape Prevention and Prosecution................ 12,000
Comprehensive School Safety Initiative................ 75,000
Opioid Initiative..................................... 103,000
Drug Courts......................................... (42,000)
Veterans Treatment Courts........................... (7,000)
Residential Substance Abuse Treatment............... (12,000)
Prescription Drug Monitoring........................ (14,000)
Mentally Ill Offender Act........................... (12,000)
=================
TOTAL, State and Local Law Enforcement Assistance... $1,199,906
------------------------------------------------------------------------
Opioid abuse.--The recommendation includes $103,000,000 for
programs to reduce opioid abuse, which is the full amount
authorized by the House-passed Comprehensive Opioid Abuse
Reduction Act of 2016. Within this amount is $42,000,000 for
drug courts; $7,000,000 for veterans treatment courts;
$12,000,000 for Residential Substance Abuse Treatment;
$14,000,000 for prescription drug monitoring; $12,000,000 for
the Mentally Ill Offender Act; and $16,000,000 for other
programs authorized by the bill.
The Committee believes that communities must address opioid
abuse through comprehensive strategies that incorporate
enhanced enforcement, education and treatment. The Committee
directs the Office of Justice Programs (OJP) to work with the
Drug Enforcement Administration, the Department of Health and
Human Services, and the National Institute of Justice to
develop, and help communities implement, best practices to
address opioid abuse.
National Instant Criminal Background Check System (NICS)
Initiative grants.--The recommendation includes $73,000,000 for
grants to improve records in NICS. This initiative combines the
National Criminal History Improvement Program (NCHIP) and the
NICS Act Record Improvement Program (NARIP). The Committee
directs that the grants made under the broader NCHIP
authorities be made available only for efforts to improve
records added to NICS. Additionally, the Department shall
prioritize funding under NARIP authorities with the goal of
making all States NICS Improvement Amendments Act of 2007
(NIAA) compliant. The Department also shall apply penalties to
noncompliant States to the fullest extent of the law.
The Committee understands that ATF is willing to provide
technical assistance to all States seeking to establish
programs that meet the NIAA requirements for NARIP grants. Even
in the absence of funding exclusively for NARIP, the Committee
directs the Department to continue these efforts. The Committee
again urges the OJP, ATF and FBI to assist States that are not
currently eligible for NARIP grants in meeting the eligibility
requirements.
The Committee encourages OJP to provide technical
assistance and training services for current and future NCHIP
and NARIP grantees.
The Committee also reiterates existing legal requirements
that data in the NICS be deleted after a check is completed.
Gun crime and gang violence.--The recommendation includes
$20,000,000 for communities working with their local U.S.
Attorneys to develop and implement gun crime and gang violence
reduction programs.
Byrne Memorial Justice Assistance Grant (Byrne/JAG)
program.--The recommendation includes $476,000,000 for the
Byrne/JAG program and consolidates the activities of the COPS
Hiring program into the Byrne/JAG program. Funding under this
formula program 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. Within
the amount provided, $4,000,000 is for research on domestic
radicalization; $20,000,000 is for the Officer Robert Wilson
III Preventing Violence Against Law Enforcement and Ensuring
Officer Resilience and Survivability (VALOR) Initiative;
$22,500,000 is for the Bulletproof Vest Partnership program;
$2,500,000 is juvenile indigent defense; and $2,400,000 is for
the National Missing and Unidentified Persons System. Excluding
carveouts, the recommendation for Byrne/JAG is $77,500,000
above fiscal year 2016 and $117,100,000 above the request. The
Committee is concerned by the impact on law enforcement of the
growing epidemic of prescription drug and heroin abuse, and
notes that funds within this account may be utilized for the
implementation of medication-assisted treatment to maintain
abstinence from all opioids and heroin. The Committee notes
that Byrne/JAG funding can be used for law enforcement
purposes, such as the hiring of law enforcement officers,
including School Resource Officers or other ``non-enforcement''
officers. The Committee notes that Byrne/JAG funding can be
used for pursuit technology and training to reduce deaths and
injuries during high-risk vehicle events. The Committee
recognizes the importance of cultural sensitivity training and
diversity in hiring in local law enforcement to ensure that law
enforcement reflects the communities they serve. The Committee
notes that Byrne/JAG funds may be used for these purposes.
Officer Robert Wilson III Memorial VALOR Initiative.--In
order to address violence against law enforcement officers, the
Committee has increased funding for the VALOR Initiative by
$5,000,000. The Committee also encourages VALOR to increase its
training partnerships that offer nationwide dynamic force-on-
force scenario-based training. The Committee understands the
training has been adopted by numerous States and agencies as
their standard active shooter training and that the FBI has
adopted this program as its national training standard for
active shooter response.
State Criminal Alien Assistance Program (SCAAP).--The
recommendation includes $273,906,000 for SCAAP, which is
$63,906,000 above fiscal year 2016. SCAAP provides grants that
reimburse States and localities for the costs incurred in
incarcerating undocumented criminal aliens. The President's
request proposed to terminate this program.
Competitive grants.--The Committee urges the Department to
prioritize improving forensic interview training for child
abuse investigation and prosecution professionals.
Forensics training.--The Committee is aware of a number of
programs surrounding trafficking offenses, sex crimes and
domestic violence that provide similar support to State and
local law enforcement and prosecutors. The Committee encourages
OJP to increase efforts to provide State and local prosecutors
with training, particularly train the trainer, and trial
experience in cybercrimes and digital evidence.
The Committee is also encouraged by efforts to expand the
ability of academic forensic technology programs to assist the
Department in identifying and profiling online crime, hate and
terror groups.
DNA initiative.--The recommendation includes $125,000,000
for DNA-related and forensic programs and activities, an
increase of $20,000,000 above the request and the same as the
fiscal year 2016 level. Within the funds provided, the
Committee provides $4,000,000 each for Post-Conviction DNA
Testing grants and Sexual Assault Forensic Exam Program grants.
The Committee expects that OJP will make funding for DNA
analysis and capacity enhancement a priority to meet the
purposes of the Debbie Smith DNA Backlog Grant Program. The
Committee directs the Department to submit, as part of its
spending plan, a plan for the use of all funds appropriated for
DNA-related and forensic programs and a report on the alignment
of appropriated funds with the authorized purposes of the
Debbie Smith DNA Backlog Grant Program.
Victims of trafficking grants.--In the OVW account, the
recommendation includes $45,000,000 for human trafficking task
force activities and for services for victims. These funds may
also be used to develop, expand and strengthen assistance
programs for child victims of sex and labor trafficking. The
Committee notes that the Justice for Victims of Trafficking Act
established a Domestic Trafficking Victims Fund, which will
provide additional resources for these programs. The Committee
directs DOJ to support the victim-centered approach to
recognizing and responding to human trafficking, especially
across partnerships between Federal and local law enforcement
agencies and victim service providers. The Department shall
include a planned allocation of these funds in its spending
plan. The Committee encourages the Department to increase the
number of human trafficking task forces funded by this program
to at least 40.
Preventing trafficking of girls.--The Committee encourages
the Office for Victims of Crime and the Office of Juvenile
Justice and Delinquency Prevention to examine ways to assist
nonprofits and other nongovernmental entities with a proven
track record of administering successful prevention and early
intervention programs for girls vulnerable to trafficking.
Pre-trial risk assessment.--The Committee continues its
support for Bureau of Justice Assistance programs widespread
adoption of evidence-based screening and assessment tools
across the criminal justice system and believes further
improvements are needed at the earliest stage of the process,
or the pretrial period, to make the system fairer and less
costly. The Committee is encouraged by States' development of
Risk-Needs-Responsivity (RNR) models and encourages OJP to
examine if funding should be made available for grants to
assist States in the development and implementation of RNR
tools for determining pretrial detention, sentencing, probation
or post-release supervision, prison classification systems, and
offender re-entry.
JUVENILE JUSTICE PROGRAMS
The Committee recommends $184,250,000 for Juvenile Justice
programs, which is $85,910,000 below fiscal year 2016 and
$150,150,000 below the request. Funds are distributed as
follows:
JUVENILE JUSTICE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Youth Mentoring Grants................................ $90,000
Victims of Child Abuse Programs....................... 20,000
Missing and Exploited Children Programs............... 72,250
Training for Judicial Personnel....................... 2,000
=================
TOTAL, Juvenile Justice............................. $184,250
------------------------------------------------------------------------
Youth mentoring grants.--The recommendation includes
$90,000,000 for youth mentoring grants, which is the same as
fiscal year 2016 and $32,000,000 above the request.
Missing and exploited children programs.--The
recommendation includes $72,250,000 for missing and exploited
children programs, which is $90,000 above fiscal year 2016 and
$5,250,000 above the request. The Committee expects the
Department to allocate no less than the current year level for
task force grants, training and technical assistance, research
and statistics, and administrative costs for the Internet
Crimes Against Children program. The Committee expects the
Department to allocate $1,000,000 to be used to hire and equip
wounded, ill or injured veterans as digital forensic analysts
or investigators to support child exploitation investigations.
PUBLIC SAFETY OFFICER BENEFITS
The Committee recommends a total of $89,300,000 for the
Public Safety Officer Benefits program, which is $1,000,000
above fiscal year 2016 and the same as the request. Within the
funds provided, $73,000,000 is for death benefits for
survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping purposes.
Also within the total, $16,300,000 is recommended, as
requested, for disability benefits for public safety officers
who are permanently and totally disabled as a result of a
catastrophic injury sustained in the line of duty, and for
education benefits for the spouses and children of officers who
are killed in the line of duty or who are permanently and
totally disabled as a result of a catastrophic injury sustained
in the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $299,000,000 for the COPS
account. Funds are to be distributed as follows:
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanups...... $11,000
Community trust initiative............................ 75,000
Body worn camera partnership initiative............. (22,500)
Justice Reinvestment Initiative..................... (27,500)
Research and statistics on community trust.......... (10,000)
Byrne Criminal Justice Innovation Program........... (15,000)
Second Chance Act..................................... 68,000
Community Teams to Reduce the Sexual Assault Kit (SAK) 45,000
Backlog..............................................
Tribal assistance..................................... 65,000
Regional information sharing activities............... 35,000
=================
TOTAL, Community Oriented Policing Services......... $299,000
------------------------------------------------------------------------
Methamphetamine lab cleanup.--The recommendation includes
$11,000,000, which shall be transferred to DEA to assist State,
local and tribal law enforcement agencies with the removal and
disposal of hazardous materials at methamphetamine labs,
including funds for training, technical assistance, the
purchase of equipment, and a container program.
Community trust initiative.--The recommendation includes
$75,000,000 for a program to improve police-community
relations. Included in this initiative is $15,000,000 for the
Byrne Criminal Justice Innovation Program, $27,500,000 for
justice reinvestment, $22,500,000 for a body-worn camera
partnership initiative, and $10,000,000 for research and
statistics on community trust.
The body-worn camera partnership initiative includes pilot
and demonstration grants for purchase of body-worn cameras for
police. This initiative will also establish baseline procedures
for the use of body-worn cameras, support State and local
efforts regarding the use of such equipment, and provide
necessary research into the use of this technology. The
demonstration grants shall require a 1:1 match by the grantee
and shall not be used to pay for the ongoing costs or data
storage costs associated with body camera footage. The
demonstration grants shall only be provided to States with laws
governing the use of body-worn cameras and shall not interfere
with State laws and requirements. The Bureau of Justice
Assistance shall administer this initiative and provide
periodic updates to the Committee regarding its implementation.
As the Committee believes that improving police-community
relations will require more than just equipment procurement,
the recommendation provides $27,500,000 for the justice
reinvestment initiative, which provides assistance to
jurisdictions to implement data-driven strategies to improve
public safety by reducing corrections spending and reinvesting
those savings in efforts to decrease crime and strengthen
neighborhoods. The Committee recognizes the tremendous
potential of justice reinvestment efforts, noting that
successful efforts in States, such as Texas, Kansas, North
Carolina, Ohio, and Pennsylvania, which have saved millions of
dollars and serve as models for criminal justice reform in the
Nation. Funding may be used to provide technical assistance to
States with existing reinvestment programs, expand the
initiative to additional States, or provide additional funding
for existing sites.
The Committee believes that comprehensive, career-long
leadership education for all local law enforcement officers
remains critical to reducing crime and strengthening
relationships between law enforcement agencies and the
communities they serve, and the Committee notes that funds in
the community trust initiative can be used for leadership
training programs that provide measurable improvements in local
law enforcement officer performance, adaptive decision-making
skills, civic involvement, and officer-community relations.
Second Chance Act/offender reentry programs.--The
recommendation includes $68,000,000 for Second Chance Act
grants. Excluding carveouts, the recommendation is $22,500,000
above fiscal year 2016.
The Committee remains concerned that despite a dramatic
increase in corrections spending over the past two decades,
recidivism and re-incarceration rates are largely unchanged.
The Committee is aware that case studies of innovative,
evidence-based practices provide strong indication that this
pattern can be reversed. The Committee expects that Second
Chance Act grants will foster the implementation of strategies
that have been proven to reduce recidivism and ensure safe and
successful reentry back to their communities of adults released
from prisons and jails. The Committee expects DOJ to designate
funds for proven, evidenced-based programs that will further
the goal of maximizing public safety.
Vocational and intensive outpatient services.--The
Committee is aware of promising program models that combine
vocational and intensive outpatient services for individuals
recovering from addiction who are referred through the U.S.
Probation and Pretrial Services System. The Committee
encourages OJP to demonstrate and measure the impact of these
models. The Department shall report, no later than 90 days
after enactment of this Act, on the status of these efforts.
Tribal assistance.--The recommendation includes $65,000,000
for OJP tribal grant programs, an increase of $35,000,000 above
the enacted level. The Committee expects OJP to continue to
consult closely with tribes to determine how tribal assistance
funds will be allocated among grant programs that improve
public safety in tribal communities, such as grants for
detention facilities under section 20109 of subtitle A of title
II of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), civil and criminal legal assistance as
authorized by title I of Public Law 106-559, tribal courts, and
alcohol and substance abuse reduction assistance programs. The
Committee directs OJP to use such consultation to inform the
allocation of funds it shall submit as part of its spending
plan. The Committee notes that the recommendation includes
additional grant funding for tribal law enforcement programs
through OVW.
Sexual assault kit backlog grants.--The recommendation
includes $45,000,000 for grants to address the sexual assault
kit (SAK) backlog. The Committee encourages stakeholders and
local law enforcement to continue working with Federal law
enforcement to resolve this important issue. The Committee also
encourages OJP to increase its efforts to ensure that strong
research and program evaluations are undertaken utilizing
independent evaluators with the experience and skills to
provide necessary feedback and improve the efficiency of SAK
processing.
General Provisions--Department of Justice
The Committee has included the following general provisions
for the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape, incest, or to preserve
the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the Committee's requirements and
procedures for transfer proposals.
Section 206 prohibits the use of certain funds for
transporting prisoners classified as maximum or high security,
other than to a facility certified by the Bureau of Prisons as
appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures for any deviation from the program amounts specified
in this title or the accompanying report, or the reuse of
deobligated funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of Federal Prison
Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be used
for training and technical assistance and permits up to 3
percent of grant or reimbursement funds made available to that
office to be used for criminal justice research, evaluation and
statistics.
Section 213 permanently prohibits funds, other than funds
for the National Instant Criminal Background Check System
established under the Brady Handgun Violence Prevention Act,
from being used to facilitate the transfer of an operable
firearm to a known or suspected agent of a drug cartel where
law enforcement personnel do not continuously monitor or
control such firearm.
Section 214 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
TITLE III
SCIENCE
Office of Science and Technology Policy
The Committee recommends $5,555,000 for the Office of
Science and Technology Policy (OSTP), which is the same as
fiscal year 2016 and $11,000 less than the request.
The Committee commends OSTP and the National Science
Foundation (NSF) for their work in co-chairing the National
Science and Technology Council's Committee on Science,
Technology, Engineering, and Math Education (CoSTEM), which was
chartered to coordinate Federal programs and activities in
support of STEM education pursuant to the requirements of the
America COMPETES Reauthorization Act of 2015 (Public Law 111-
358). The Committee believes that Federal investments in STEM
education could be greatly enhanced through the creation of a
unified and publicly available online location containing
information about, and links to, all Federal STEM education-
related programs and materials across departments and agencies,
including complex search options to maximize the utility of the
portal. The target audience of such an online portal should
broadly include both individuals and groups, students, and
formal and informal educators. Such an online portal could and
should ultimately be used by all Federal agencies engaged in
STEM education and should be implemented in accordance with the
CoSTEM goals and the Federal STEM Education 5-year Strategic
Plan. The Committee directs OSTP to work with the Federal
departments and agencies represented on the CoSTEM to develop a
plan detailing the costs, schedule, and efforts that would be
needed to create and operate this unified online portal. Such
plan should be delivered to the Committee not later than 60
days after enactment of this Act.
Public access to Federally funded research.--In response to
direction from the Committee, OSTP continues to coordinate
Federal agency plans to develop and implement policies to
increase public access to the results of Federally funded
scientific research. The Committee understands that a number of
agencies already have posted access plans online and that
efforts continue to approve access plans for the remaining
Federal agencies. Further, the Committee urges OSTP to
coordinate the development and implementation of policies by
Federal agencies to require that agencies make research data
underpinning the results described in scientific publications
publicly accessible. OSTP shall continue to report to the
Committee until all agencies have implemented their plans to
increase public access to the results of Federally funded
scientific research.
Patents.--The Committee is aware that Federal employees who
work at certain research laboratories are eligible to benefit
from successful patent applications that were granted as a
result of Federally funded research, as per 15 U.S.C. 3710c.
OSTP shall submit a report within 180 days of enactment of this
Act describing how Federal science agencies and bureaus funded
in this bill use this authority; the number of employees who
have benefited from 15 U.S.C. 3710c; and a list of the patents
to which this section has been applied.
National Aeronautics and Space Administration
The Committee recommends $19,508,000,000 for the National
Aeronautics and Space Administration (NASA), which is
$223,000,000 above fiscal year 2016 and $1,245,900,000 above
the discretionary request. The request included $763,000,000 of
unrealistic and unauthorized new mandatory funding proposals
that disproportionately impacted ongoing science and human
exploration programs. The recommendations below do not include
any mandatory funds. Instead, the recommendations provide NASA
with a balanced portfolio that ensures current and future
stability to pursue scientific discoveries, develop new
technology, explore our universe, and engage Americans. NASA is
a national asset that must be challenged, funded, guided, and
supported. Budget gimmickry such as that included in the budget
request does nothing to thoughtfully contribute to the goal of
ensuring that NASA maintains its global leadership position as
we push the boundaries of human and scientific exploration,
discovery, and knowledge.
Decadal surveys.--The Committee directs that the priorities
outlined in the decadal surveys for Earth Science, Planetary
Science, Astrophysics, and Heliophysics shall drive NASA
mission priorities.
Government Accountability Office (GAO) assessments of
large-scale projects.--NASA shall continue to cooperate fully
and provide timely information to the GAO so that it may
fulfill its congressional mandate to report on the status of
large-scale projects at NASA. Such information includes, but is
not limited to, copies of preliminary cost estimates; access to
online agency applications, databases, and web portals; and
access to contractor and agency personnel.
Cost breach reporting.--NASA shall submit to the Committee
any notifications and reports on cost overruns required by
section 103 of the NASA Authorization Act of 2005 (Public Law
109-155).
Federally Funded Research and Development Centers
(FFRDCs).--In June 2004, the Report of the President's
Commission on Implementation of the United States Space
Exploration Policy recommended that NASA, through an open,
competitive process, transition its Centers to FFRDCs, noting
that the FFRDC model is a proven management structure that
results in successful and innovative research. The Commission
stated that with the exception of some specific governmental
functions such as contracting, launch operations, and flight
operations, which should remain under direct Federal management
within the Centers, the FFRDC model would work well for NASA
Centers. NASA shall, within 90 days of enactment of this Act,
contract for an independent examination of the benefits and
constraints of increasing NASA Centers' collaboration with
academia and the private sector. To conduct this assessment,
which shall be published no more than 2 years after enactment
of this Act, NASA shall choose an organization that will
convene individuals with recognized relevant expertise and
whose collective credentials sufficiently cover the entire
range of NASA's mission activities. The study shall include the
feasibility of increasing partnerships between the Centers and
academia, and the feasibility of transitioning some or all
Centers to become FFRDCs. This review shall examine the
Department of Energy (DOE) laboratories, which are FFRDCs, and
NASA's relationship with the Jet Propulsion Lab (JPL), a
current NASA FFRDC, to determine if the DOE or JPL model would
be feasible or advantageous for adoption at any of the NASA
Centers. This review shall also include recommendations for
incentives to address potential employee concerns with respect
to Federal employment status.
Termination liability.--The Committee notes that it awaits
a report on NASA termination liability policies required in
Public Law 114-113.
Multi-year procurement authority.--The Committee
understands that NASA has multi-year procurement authority
under 10 U.S.C. 2306b (procurement of property) and 10 U.S.C.
2306c (procurement of services). The Committee urges NASA to
use these authorities to the fullest extent possible to take
advantage of cost savings and other efficiencies that may be
achieved with long-lead purchase requirements. Use of this
authority, however, does not obviate the need for NASA to keep
the Committee fully informed of its expenditure of funds.
Program and project totals.--The Committee's program and
project recommendations for NASA are included in the
consolidated funding table below and in narrative direction
throughout this report. The Committee reminds NASA that any
deviations from the amounts included in the table below are
subject to section 505 requirements of this Act. When executing
its budget for fiscal year 2017, NASA shall incorporate the
funding levels established in both the table and the narrative
direction. NASA is reminded that comity has existed between the
Congress and the Executive Branch with respect to abiding by
language included in this report and in the accompanying
appropriations Act. The Committee expects NASA to respect this
long-standing practice.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science....................................... $1,690,000
Planetary Science................................... 1,846,000
Astrophysics........................................ 792,900
James Webb Space Telescope.......................... 569,400
Heliophysics........................................ 698,700
-----------------
Total, Science........................................ 5,597,000
=================
Aeronautics:.......................................... 712,000
=================
Space Technology:..................................... 739,200
=================
Human Exploration and Operations:
Orion Multi-purpose Crew Vehicle.................... 1,350,000
Space Launch System (SLS) Vehicle Development....... 2,000,000
Exploration Ground System........................... 429,000
Exploration R&D..................................... 404,000
-----------------
Total, Human Exploration and Operations............... 4,183,000
=================
Space Operations:..................................... 4,890,300
=================
Education:
NASA Space Grant.................................... 40,000
Experimental Program to Stimulate Competitive 18,000
Research...........................................
Minority University Research Education Program...... 32,000
STEM Education and Accountability Projects.......... 25,000
-----------------
Total, Education...................................... 115,000
=================
Safety, Security and Mission Services:................ 2,835,400
=================
Construction and Environmental Compliance and 398,000
Restoration:.........................................
=================
Office of Inspector General:.......................... 38,100
=================
Total, NASA........................................... $19,508,000
------------------------------------------------------------------------
SCIENCE
The Committee recommends $5,597,000,000 for Science, which
is $7,600,000 above fiscal year 2016 and $294,500,000 above the
discretionary request.
Earth Science.--The recommendation includes $1,690,000,000
for Earth Science programs. NASA shall ensure that the Earth
Science portfolio is focused on the science priorities outlined
in the most recent Earth Science decadal survey. Within amounts
provided, NASA shall prioritize funding for the NASA-ISRO
Synthetic Aperture Radar (NISAR) to maintain the 2020 launch
for this satellite that will observe ecosystem disturbances,
ice-sheet collapse, earthquakes, tsunamis, volcanoes and
landslides. NASA shall also prioritize funds for continued
development of the Landsat-9 mission. The Committee expects
NASA and its partners to evaluate commercially available data
in the event that there is a data gap in the Landsat program.
Planetary Science.--The recommendation includes
$1,846,000,000 for Planetary Science. The Committee urges NASA,
in subsequent budget requests, to ensure that it requests
sufficient funds across its Discovery and New Frontiers
programs to ensure a balanced cadence of missions that the
science community can adequately plan for and participate in.
Within amounts provided for Planetary Science, the
recommendation includes $284,700,000 for Planetary Science
Research, including $178,100,000 for Planetary Science Research
and Analysis. The recommendation also includes $50,000,000 as
requested for NASA's continued efforts to detect and monitor
near Earth objects.
Discovery.--The recommendation includes $232,300,000,
including an increase of $30,000,000 above the request, to
support the selection of up to two competitively selected
missions from the Discovery 2014 Announcement of Opportunity.
Discovery missions allow scientists and engineers to assemble
teams that launch small missions using fewer resources and
shorter development times; their main objective is to explore
planets, moons of planets, comets and asteroids. Successful
Discovery missions that have produced a wealth of science and
spurred public interest include the Mars Pathfinder, Dawn, and
Kepler, among many others. In subsequent budget requests, NASA
is encouraged to plan for and select two Discovery missions
every four years.
New Frontiers.--The recommendation includes $144,000,000
for New Frontiers. New Frontiers missions explore the solar
system with frequent, medium-class spacecraft missions. The
Committee notes that the Origins-Spectral Interpretation-
Resource Identification-Security-Regolith Explorer (OSIRIS-Rex)
New Frontiers mission, which will launch during 2016, will
collect samples from an asteroid and return them to Earth.
Mars Exploration.--The recommendation includes $647,000,000
for the Mars Exploration program, including $408,000,000 for
the Mars 2020 mission that meets scientific objectives from the
most recent Planetary Science decadal survey. Additional
funding above the request is provided to achieve maximum
efficiencies from early buys of hardware with commonality with
the Curiosity Rover. Also included within amounts for Mars
Exploration is $239,000,000 for Other Missions and Data
Analysis (OMDA). Within amounts provided for OMDA, $20,000,000
is for Mars Technology, including $15,000,000 for a Mars
helicopter technology demonstration to be flown on the Mars
2020 mission; and $20,000,000, $10,000,000 above the request,
is for Mars Future Missions to initiate the next Mars mission
after Mars 2020, including the enhancements needed for
telecommunications capability around Mars. NASA shall continue
technology development for subsequent sample return stages to
ensure that it meets the highest priority Planetary Science
decadal survey objectives.
Outer Planets and Ocean Worlds.--The Committee appreciates
that NASA has created an Ocean Worlds Exploration Program whose
primary goal is to discover extant life on another world using
a mix of Discovery, New Frontiers and flagship class missions.
The recommendation includes $348,000,000 for Outer Planets and
Ocean Worlds, of which not less than $260,000,000 is for the
Jupiter Europa Orbiter and Lander to fulfill the requirements
of the most recent Planetary Science decadal survey. To support
progress on this mission, NASA shall ensure that future funding
requests are consistent with achieving a Europa Orbiter launch
no later than 2022 and a Europa Lander launch no later than
2024, pending final mission configuration. NASA is encouraged
to select the Lander payload during fiscal year 2017 to support
the above launch window.
Technology.--The recommendation includes $190,000,000 for
Technology. Within these amounts, no less than $25,000,000 is
for icy satellite surface technology and test-bed activities.
Also included within the Technology program is $20,000,000 for
NASA to continue its collaboration work with the Department of
Energy to domestically produce plutonium-238 for use as a
source of energy in space missions.
Impact craters.--Impact craters in the U.S. that are well
preserved and accessible provide researchers and educators with
the simultaneous opportunity to expand our understanding of the
Earth's and the Solar System's history and to show students
research in action as a part of their STEM education. NASA is
encouraged to make funds available for external competitive
funding to conduct further scientific investigation of well-
preserved and easily accessible impact craters and
simultaneously provide education and outreach on Earth's
erosion processes and more broadly on the scientific method of
research.
Astrophysics.--The recommendation includes $792,900,000 for
Astrophysics. An increase of $10,000,000 is provided for the
Exoplanet Exploration program to develop the technology for a
possible StarShade demonstration mission using the Wide-Field
Infrared Survey Telescope.
Astrophysics observatories.--The Committee commends NASA
for its long-standing efforts to provide the scientific
community with observations of astrophysical objects
simultaneously over a broad range of wavelengths. The Committee
understands that NASA and the community are working on concept
studies for the next Astrophysics Decadal survey and that
missions are being proposed for the upcoming Astrophysics
Explorers Announcement of Opportunity. As appropriate, NASA
shall keep the Committee informed of any future plans to obtain
astrophysical observations in the x-ray and gamma-ray
wavelengths.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
The recommendation includes $85,200,000, the fiscal year 2016
level, for SOFIA, a state-of-the-art far-infrared observatory
with a planned 20-year life cycle. When determining future
observation cycles, NASA shall not undertake any actions
leading to the premature shutdown of the SOFIA program without
the participation of international partners, as appropriate, in
any scientific reviews and formulation of recommendations.
Consistent with the approach NASA has taken with the Great
Observatories, NASA shall also not undertake any changes that
would be disruptive to the SOFIA program and the management of
its operations.
James Webb Space Telescope (JWST).--The recommendation for
the JWST is $569,400,000, which is the same as the request and
$50,600,000 below fiscal year 2016. While the Committee remains
supportive of the JWST and the science that will result from
its mission, GAO's March 2016 Assessments of Major Projects
found that major integration and test events remain to be
completed prior to its October 2018 launch readiness date. NASA
shall continue to provide the Committee with quarterly
briefings on JWST's technical status, achievement of program
milestones, and budget and schedule performance.
Heliophysics.--The recommendation includes $698,700,000 for
Heliophysics, which is $25,000,000 above the discretionary
request.
Education and Public Outreach (EPO).--The recommendation
includes $37,000,000 for Science Mission Directorate (SMD)-wide
EPO activities. NASA shall, in the fiscal year 2017 spending
plan, reallocate these funds proportionally among the SMD
divisions, resulting in a dedicated budget line for each
division's EPO activities. This approach will still permit
competition among projects for the best use of funds; focus
that competition among projects that are more easily compared
to one another; and provide better stability for the
educational communities in each major SMD discipline.
AERONAUTICS
The Committee recommends $712,000,000 for Aeronautics,
which is $72,000,000 above fiscal year 2016 and $77,500,000
above the discretionary request.
Low Boom Flight Demonstrator.--Within amounts provided for
Aeronautics, $61,000,000 is to begin development of the Low
Boom Flight Demonstrator. This funding builds on $16,000,000
allocated by NASA in fiscal year 2016 for preliminary design
efforts. The Committee anticipates that the total cost to build
this flight demonstrator will be approximately $300,000,000 and
that it will be flown starting in fiscal year 2020. NASA shall
ensure that it requests sufficient funds in subsequent budget
requests to build and fly the low boom flight demonstrator as
proposed. Finally, NASA shall ensure that research resulting
from the flight demonstrator is transitioned, as quickly as
possible, to the private sector for use in commercial aviation
applications.
Hypersonics research.--NASA is encouraged to work with
other Federal partners to conduct fundamental hypersonics
research, applied research in propulsion, vehicle technologies,
and hypersonic flight experiments.
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. Within amounts provided, NASA is encouraged
to partner with academic institutions that have strong
capabilities in aviation and aerospace structures; materials
testing and evaluation; and with a demonstrated and recognized
record for integration of these materials into manufacturing
and production within the aviation and aerospace industry.
Unmanned aircraft systems (UAS) safety.--The recommendation
includes $169,400,000 for the Airspace Operations and Safety
Program and directs NASA to help ensure the safe integration of
UAS into the national airspace system. NASA is encouraged to
work with the Federal Aviation Administration (FAA) and the
Department of Homeland Security to evaluate the safety of UAS
for use in a broad range of public safety applications over
land and maritime environments and to answer key research
questions.
Air traffic safety.--NASA is encouraged to coordinate with
the FAA and leverage the six test ranges established under
section 332 of the FAA Modernization and Reform Act (Public Law
112 95) to help answer key research questions such as solutions
for sense and avoid, command and control, ground control
station standards and human factors, airworthiness, lost link
procedures, and interoperability within the air traffic control
system.
Vertical lift research.--The Committee is supportive of
NASA's Revolutionary Vertical Lift Technology initiative. NASA
shall provide a report within 90 days of enactment that
describes NASA's current rotary wing and fixed wing vertical
lift research as well as planned outyear investments in this
area.
SPACE TECHNOLOGY
The Committee recommends $739,200,000 for Space Technology,
which is $52,700,000 above fiscal year 2016 and $48,600,000
above the discretionary request. When considering energy and
propulsion grants, including fusion energy, NASA is encouraged
to seek partnerships with agencies and universities with
expertise in this area.
Nuclear thermal propulsion technology.--The recommendation
includes no less than $35,000,000 for nuclear propulsion
technologies for space transportation and exploration. NASA
shall provide a report to the Committee within 180 days of
enactment of this Act on ongoing nuclear propulsion research,
how NASA intends to employ this technology to support various
exploration programs, and a comparison of nuclear propulsion
and use to other forms of propulsion, in terms of speed and
ease of construction.
Small launch technology platform.--The recommendation
provides no less than $45,000,000 for sub-orbital and orbital
technology demonstration of small launch technology platforms
able to carry a 200-300 kilogram small satellite into low Earth
orbit. The small launch technology demonstration platform shall
leverage existing government derived small launch technologies
to the maximum extent possible.
Additive manufacturing.--The recommendation provides no
less than $25,000,000 for additive manufacturing technology
research for use in rocket engines and structures.
Interstellar propulsion research.--Current NASA propulsion
investments include advancements in chemical, solar electric,
and nuclear thermal propulsion. However, even in their ultimate
theoretically achievable implementations, none of these could
approach cruise velocities of one-tenth the speed of light
(0.1c), nor could any other fission-based approach (including
nuclear electric or pulsed fission). The Committee encourages
NASA to study and develop propulsion concepts that could enable
an interstellar scientific probe with the capability of
achieving a cruise velocity of 0.1c. These efforts shall be
centered on enabling such a mission to Alpha Centauri, which
can be launched by the one-hundredth anniversary, 2069, of the
Apollo 11 moon landing. Propulsion concepts may include, but
are not limited to fusion-based implementations (including
antimatter-catalyzed fusion and the Bussard interstellar
ramjet); matter-antimatter annihilation reactions; multiple
forms of beamed energy approaches; and immense `sails' that
intercept solar photons or the solar wind. At the present time,
none of these are beyond technology readiness level (TRL) 1 or
2. The NASA Innovative Advanced Concepts (NIAC) program is
currently funding concept studies of directed energy propulsion
for wafer-sized spacecraft that in principle could achieve
velocities exceeding 0.1c and an electric sail that intercepts
solar wind protons. Over the past few years NIAC has also
funded mission-level concept studies of two fusion-based
propulsion concepts. Therefore, within one year of enactment of
this Act, NASA shall submit an interstellar propulsion
technology assessment report with a draft conceptual roadmap,
which may include an overview of potential advance propulsion
concepts for such an interstellar mission, including technical
challenges, technology readiness level assessments, risks, and
potential near-term milestones and funding requirements.
EXPLORATION
The Committee recommends $4,183,000,000 for Exploration,
which is $153,000,000 above fiscal year 2016 and $1,019,100,000
above the discretionary request. GAO shall continue its reviews
of NASA's human exploration programs, specifically the Space
Launch System (SLS) program, the Orion program, and Exploration
Ground Systems, including issues that cut across these
programs. GAO shall provide interim, periodic updates to the
Committee, as necessary, given that the first launch of SLS
with Orion is scheduled to occur in 2018.
Mission to Mars.--While the Committee recognizes the
benefits of some of the technology that is under development as
part of the asteroid redirect and retrieval missions, namely
advanced propulsion technology research, asteroid deflection,
and grappling technologies, the Committee believes that neither
a robotic nor a crewed mission to an asteroid appreciably
contribute to the overarching mission to Mars. Further, the
long-term costs of launching a robotic craft to the asteroid,
followed by a crewed mission, are unknown and will divert
scarce resources away from developing technology and equipment
necessary for missions to Mars, namely deep space habitats,
accessing and utilizing space resources, and developing entry,
descent, landing, and ascent technologies. Toward that end, no
funds are included in this bill for NASA to continue planning
efforts to conduct either robotic or crewed missions to an
asteroid. Instead, NASA is encouraged to develop plans to
return to the Moon to test capabilities that will be needed for
Mars, including habitation modules, lunar prospecting, and
landing and ascent vehicles. Further, the Committee is
supportive of NASA's efforts to use the International Space
Station (ISS) to conduct research necessary to enable long-term
human spaceflight, or ``Earth-reliant'' technology development;
cis-lunar space activities, or ``proving ground'' efforts such
as Orion flights on SLS in the vicinity of the Moon, and
deployment and testing of deep space habitation modules; and
finally, NASA's ``Earth independent'' activities which include
using cis-lunar space as a staging area, mapping potential
human exploration zones and caching samples on Mars as part of
the Mars Rover 2020 mission.
Long-term exploration capabilities.--NASA continues to
develop the Orion Multi-Purpose Crew Vehicle, Space Launch
System and Exploration Ground System Development projects with
the completion of the critical design review milestone for the
core designs. These core designs will support many of the
missions that the Agency will undertake in the future. These
designs are extensible to human missions to the proving ground
and will support a new class of robotic spacecraft and
missions. Early human missions, such as Exploration Mission-1
(EM-1) and EM-2 will serve as the foundational missions
validating the core functionality of the designs and building
operational knowledge needed for flights beyond the Earth and
moon system. Because Orion and SLS are elements of a multi-
decadal, integrated deep space exploration capability, the
missions beyond EM-2 will evolve the designs of both Orion and
SLS with enhanced capabilities and build the skills necessary
for human exploration independent of Earth. This evolution, as
was done on Mercury, Gemini, Apollo and Space Shuttle allows
the continued adaptability, flexibility and flight safety
approach critical to moving from the proving ground to Earth
independent phases of exploration.
Human exploration.--The recommendation for NASA's human
exploration program includes $1,350,000,000 for the Orion
Multi-purpose Crew Vehicle; $2,000,000,000 for SLS vehicle
development; and $429,000,000 for Exploration Ground Systems.
NASA's budget proposed funding gimmicks and cuts that would
decimate the very programs that will engage, employ, energize
and inspire the nation. The Committee instead proposes a steady
funding stream to maintain near-term launch schedules for
NASA's human exploration program and enable NASA to develop
long-term life-cycle costs and schedules for using these
capabilities for future exploration missions.
Space Launch System.--The recommended level of
$2,000,000,000, an increase of $817,600,000 above the
discretionary request, for launch vehicle development includes
no less than $250,000,000 for continued exploration upper stage
(EUS) development and $47,500,000 for SLS program integration.
Funds provided above the request are to ensure that the EM-1
launch date does not slip beyond 2018 and to complete EUS for
EM-2. The Committee notes that despite specific direction and
funding in the Consolidated Appropriations Act, 2016, the
request does not include funding for the EUS and its propulsion
systems required for EM-2, the second flight of SLS/Orion
planned for 2021. NASA shall provide the Committee with a
report within 120 days of enactment of this Act describing
investments to date on the EUS, a spend plan with milestones
for the funds provided in fiscal year 2017 and funds necessary
to complete EUS for use on EM-2 and to develop EUS for use on
subsequent SLS launches. This report shall also include an
analysis regarding the most efficient and cost effective means
of manufacturing subsequent EUSs for use on future SLS flights.
In addition, NASA shall continue submitting quarterly reports
on SLS spending by major program element, as first required in
the statement accompanying Public Law 112-55. To the maximum
extent possible, NASA shall ensure that all vehicle development
leverages existing investments; promotes efficiency through
commonality of design and concurrent development; and minimizes
the need for redesigns or other costly changes affecting future
SLS vehicle configurations.
Maximizing use of SLS.--The Committee reminds NASA that
Public Law 114-113 directed NASA to submit long-term plans for
maximizing the use of the SLS. NASA shall include the Europa
Orbiter and Lander missions in this plan, as directed elsewhere
in this report and accompanying bill. As part of this effort to
develop a long-term plan to use SLS to the fullest extent
possible, NASA shall make SLS available on a cost reimbursable
basis for non-NASA payloads, as appropriate. To ensure that the
significant investment in SLS is maximized, within one year of
enactment of this Act, NASA shall also issue a Request for
Information to determine what payloads might benefit commercial
and educational providers, when space is available on an SLS
flight beyond low Earth orbit.
Orion.--The recommendation provides $1,350,000,000, which
is $80,000,000 above the enacted level and $296,600,000 above
the discretionary request, for the Orion program. NASA shall
continue to provide quarterly briefings to the Committee on the
overall status of Orion. The Committee remains concerned that
NASA's current schedule does not provide adequate time to
conduct in-situ tests and fully test all systems necessary to
support humans on EM-1, prior to sending humans on Orion in EM-
2. NASA shall provide a report to the Committee, within 90 days
of enactment, describing and documenting why this approach is
acceptable. NASA shall keep the Committee informed of ongoing
work with respect to the Orion Service Module. Nothing in this
report or accompanying Act shall be construed as directing NASA
to proceed with any human spaceflight until all of the risks
have been retired.
Integrated launch readiness.--The recommendation includes
$47,500,000 as requested for SLS, Orion and ground system
integration activities. These funds will address coordination
issues among the three programs and ensure that they are
progressing in tandem toward EM-1 and future missions. The
Committee notes that it is still awaiting a comprehensive plan,
with yearly budgets by component including various ground
facilities and quarterly milestones, to achieve integrated
launch readiness dates for EM-1 and EM-2. This report shall
also provide an analysis of various capabilities that will be
provided with 70, 105, and 130 metric ton capabilities, to
include the yearly costs necessary to proceed with this
incremental approach.
Exploration Research and Development (R&D).--The
recommendation includes $404,000,000 for Exploration R&D. The
Committee urges NASA to continue its work with the private
sector and academia to develop exploration capabilities such as
advanced propulsion, habitats and landers that may be used with
Orion and SLS and are necessary to enable space and human
exploration to the Moon, Mars, and other deep space
destinations.
Next Space Technologies for Exploration Partnerships.--The
recommendation includes no less than $75,000,000 under the
Advanced Exploration Systems program for development of a
demonstration habitation module. NASA shall provide periodic
updates regarding the status and funding of this project to
ensure timely completion.
Lunar surface.--The Committee supports the development and
launch of low-cost missions to explore and characterize the
lunar surface and encourages NASA to work with commercial
industry, academia, and international space agencies to better
understand the subsurface lunar geology, particularly in-situ
water resources, to support future robotic and astronaut
operations. Not later than 180 days after the enactment of this
Act, NASA shall submit a report detailing ongoing and planned
lunar programs.
SPACE OPERATIONS
The Committee recommends $4,890,300,000 for Space
Operations.
International Space Station (ISS) operations.--The
Committee remains concerned about annual ISS operations costs
and encourages NASA to implement cost savings measures with the
goal of slowing and reducing the ISS operations budget while
maximizing research opportunities. Given that NASA operations
on the ISS are extended through only 2024, NASA is encouraged
to begin efforts to determine what follow-on activities are
necessary, within budget constraints, to maintain a U.S. human
presence in space.
NASA continues to allocate insufficient resources for space
life and physical science research aboard the ISS. The
Committee believes that this basic research performed on the
ISS is an essential translational step for space exploration
that also reduces uncertainty for research pathways that have
potential high value life and physical science applications on
Earth. Within amounts provided for ISS Research, NASA is
encouraged to allocate no less than 15 percent of this amount
for space life and physical science research and provide a
report to the Committee on these matters no later than 180 days
after enactment of this Act.
Commercial Crew.--The Committee understands and is
concerned that some fiscal year 2016 and 2017 project
milestones have slipped. NASA shall continue submitting
quarterly reports on the status of the Commercial Crew
Integrated Capability and Commercial Crew Transportation
Capability contracts and advise the Committee promptly if
milestone slips will impact the planned 2017 uncrewed and
crewed flights to the ISS. As part of the quarterly reporting
requirements, NASA shall submit information describing the
planned operations tempo of the Commercial Crew program, to
include numbers of astronauts per flight and per provider;
training needs, costs, and status of U.S. based training
facilities; and a description of any Commercial Crew seats that
will be allocated to foreign partners. NASA also shall provide
an assessment by the second quarter of fiscal year 2017 on the
cost and need to reserve flights on foreign partner capsules in
tandem with the Commercial Crew program in 2018 and future
years.
Space and Flight Support.--Space and flight support
includes $12,000,000, as requested, to modernize and upgrade
both the Wallops Flight Facility (WFF) and Kennedy Space Center
(KSC) launch and range complexes. The Committee supports
maintaining launch sites serving the ISS at both the WFF and
KSC to ensure uninterrupted domestic cargo access to the ISS.
Commercial cargo.--NASA shall continue to provide quarterly
updates on the Commercial Resupply Services (CRS) -1 contract
and shall begin including data on CRS-2 contracts and
associated milestones. These reports shall include information
currently provided and shall now also include cost per flight,
date of actual flight, and date when payments for each mission
are made.
Space shuttle closeout costs.--The Committee is aware that
NASA continues to work with former space shuttle providers to
close any remaining contracts. The Committee urges NASA and its
partners to expeditiously close remaining items, in accordance
with established accounting procedures, so as not to impact
ongoing ISS activities. NASA shall keep the Committee informed
of these activities.
EDUCATION
The Committee recommends $115,000,000 for Education, which
is the same as fiscal year 2016 and $14,900,000 above the
request. The Committee is concerned that despite direction in
Public Law 114-113, overhead costs remain excessive. To ensure
that the program is operating efficiently with minimum
overhead, NASA shall provide a report to the Committee within
180 days of enactment that analyzes how funds have been spent
over the last three fiscal years, to include 1) a list of
cooperative agreements, Space Act Agreements, and grantees,
including the amount and purpose of grant or funding
allocation; and 2) a complete description, including amounts
and purposes, of how remaining funds have been spent. This
analysis shall also include a plan to ensure that no more than
five percent overhead is charged within the Education account
by fiscal year 2018.
National Space Grant College and Fellowship Program.--The
recommendation includes $40,000,000 for the Space Grant
program, which is the same as fiscal year 2016. These funds
shall be allocated to the consortia lead institutions in all 52
participating jurisdictions according to the percentage
allocation provided to States in the current five year grant
award period.
Experimental Program to Stimulate Competitive Research
(EPSCoR).--The recommendation includes $18,000,000 for EPSCoR,
which is the same as fiscal year 2016.
STEM Education and Accountability Programs (SEAP).--NASA
shall brief the Committee on the intended distribution of
fiscal year 2017 SEAP resources to individual activities; how
that distribution compares to the fiscal year 2016
distribution; how that distribution supports the priorities
contained in the government-wide STEM education strategic plan;
and what partnerships NASA has formed through its various SEAP
programs with Hispanic Serving Institutions and Historically
Black Colleges and Universities.
SAFETY, SECURITY AND MISSION SERVICES
The Committee recommends $2,835,400,000 for Safety,
Security and Mission Services, which is $66,800,000 above
fiscal year 2016 and $1,400,000 below the request.
Security.--The Committee recognizes that proper security
compliance at NASA requires effective and comprehensive
policies, strong enforcement mechanisms, sustained leadership
attention, and implementation of the foreign national access
management (FNAM) recommendations from such organizations as
the National Academy of Public Administration (NAPA), GAO, and
the NASA IG. NAPA's March 2016 follow-up assessment report,
Review of the NASA Response to the Academy's Report on Foreign
National Access Management, found that NASA had taken some
steps to address each of NAPA's 2014 recommendations and is on
a path toward institutionalizing an integrated FNAM Program and
incorporating its components into daily Center operations.
However, the Committee is concerned that all of the previous
recommendations have not been fully implemented. Therefore,
NASA shall continue to submit quarterly reports and contract
with an independent entity for an additional update on the
agency's progress in implementing the needed corrective
actions. The Committee expects that this update process will
begin no later than 30 days after enactment of this Act with a
subsequent report to be submitted no later than one year after
enactment of this Act.
Bilateral activities.--The recommendation includes modified
bill language directing that the Federal Bureau of
Investigation shall confirm or otherwise certify that NASA
bilateral activities are in compliance with section 529 of this
bill.
Infrastructure revitalization plan.--The Committee
recognizes that, according to various NASA IG and GAO reports,
NASA facilities are aging and in need of significant repair,
modification, and upgrades. Given ongoing budget constraints
paired with an aggressive science and exploration agenda, NASA
shall develop a multi-year investment plan that ensures NASA's
infrastructure can support its various missions now and into
the future. NASA shall integrate institutional, operational,
maintenance, and facility requirements into a revitalization
plan for review by the NASA Advisory Council, Institutional
Committee. This agency-level revitalization plan shall identify
areas of concern, gaps in the maintenance and capability of
NASA infrastructure compared to requirements, and provide a
sustainable multi-year plan and cost estimate to address these
items. The results of the revitalization plan shall be
submitted to the Committee within 18 months of enactment of
this Act.
Property disposal.--The Committee encourages NASA to avail
itself of existing authority that authorizes NASA to ``. . .
sell and otherwise dispose of real and personal property . .
.'' in accordance with the provisions of chapters 1 to 11 of
title 40 and in accordance with title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.). NASA shall submit a report within 180 days of
enactment describing its use of this authority for fiscal years
2015 and 2016, and any intended uses during fiscal year 2017.
Working Capital Fund (WCF) reporting.--NASA shall continue
to submit quarterly reports to the Committee on the
expenditures and unobligated balances of NASA's WCF.
Independent Verification and Validation (IV&V).--The
recommendation includes no less than the fiscal year 2016
operating level for the IV&V program. If necessary, NASA shall
fund any additional IV&V activities from within the mission
directorates that make use of IV&V services.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee recommends $398,000,000 for Construction and
Environmental Compliance and Restoration, which is $9,100,000
above fiscal year 2016 and $21,800,000 below the request.
Within amounts provided, NASA shall assess its existing
infrastructure and ensure that appropriate facilities are
available to support continued development and use of the
supersonic low boom flight demonstrator. When taking remedial
actions, NASA is encouraged to protect culturally significant
Native American sites.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $38,100,000 for the Office of
Inspector General, which is $700,000 above fiscal year 2016 and
the same as the request.
Export control.--The Committee understands that the NASA IG
will issue a report regarding NASA's implementation of
recommendations made by the GAO in its 2014 report, GAO-14-315,
Export Controls: NASA Management Action and Improved Oversight
Needed to Reduce the Risk of Unauthorized Access to Its
Technologies. The Committee encourages the NASA IG to examine
any access violations by foreign nationals and any unauthorized
transfer of proprietary or sensitive information during fiscal
years 2012 through fiscal year 2016 and provide a report on
these matters within six months of enactment of this Act.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The Committee has included the following administrative
provisions for NASA:
The bill includes a provision that makes funds for any
announced prize available without fiscal year limitation until
the prize is claimed or the offer is withdrawn.
The bill includes a provision that establishes terms and
conditions for the transfer of funds.
The bill includes a provision that requires NASA to submit
its agency spending plan at the activity level and subjects
both the spending plan and specified changes to that plan to
reprogramming procedures under section 505 of this Act.
The bill includes a provision that allows the transfer of
balances under a previous appropriations account structure to
the current appropriations account structure.
National Science Foundation
The Committee commends NSF and its academic partners for
the September, 2015 detection of gravitational waves using the
twin Laser Interferometer Gravitational-wave Observatory (LIGO)
detectors. The Committee believes that infrastructure
investments such as these result in expanding our understanding
of the universe and inspiring students to pursue careers in the
sciences. The Committee is mindful of the need to balance these
investments with the need to ensure that research funds are
available and ample so that scientists can study and exploit
data derived from such large infrastructure projects. The
Committee recognizes that current and future large scientific
facilities represent an enormous investment of Federal
resources that must be administered wisely. Toward that end,
NSF shall provide periodic updates to the Committee with
respect to its implementation of recommendations from the NAPA
report, National Science Foundation: Use of Cooperative
Agreements to Support Large Scale Investment in Research which
included a review NSF's use of cooperative agreements to
support the development, construction, commissioning, and
future operations of state-of-the-art, large-scale research
facilities. Further, within amounts provided, NSF shall
allocate sufficient support to its existing national research
assets, including the astronomy assets, the current academic
research fleet including global class vessels with unique
seismic capabilities, Federally funded research and development
centers, and the national high performance computing centers,
so they may provide the support needed for cutting edge
research. With respect to the academic fleet, NSF shall provide
the Committee, coincident with the fiscal year 2018 budget
request, a five year schedule for the deployment of the
academic fleet that maximizes research opportunities in a cost
effective and transparent manner.
Independent Review.--GAO shall review programs funded
within the Major Research Equipment and Facilities Construction
(MREFC) account and provide analysis to the Committee similar
to that which the Committee receives from GAO on NASA's large-
scale acquisition and construction projects. The Committee
believes that this additional independent analysis will help
identify potential technical risks and cost overruns over the
construction life of projects so that these important
scientific missions remain on schedule and on budget. NSF is
directed to cooperate fully and to provide timely program
analysis, evaluation data, and other relevant information to
GAO so that it may report to Congress shortly after the annual
budget submission of the President and semiannually thereafter
on the status of large-scale NSF programs, projects, and
activities based on its review of this information. The
Committee notes that NSF has a no-cost overrun policy and
expects GAO's analysis to explain how NSF intends to implement
this policy should it be triggered.
RESEARCH AND RELATED ACTIVITIES
The Committee recommends $6,079,430,000 for Research and
Related Activities, which is an increase of $45,785,000 above
fiscal year 2016 and the same as the request.
Peer review.--The Committee has long been supportive of
NSF's peer review process to identify and recommend funding for
scientifically meritorious research. NSF's ability to fund
cutting-edge research helps keep the United States at the
forefront of research across all scientific disciplines, which
in turn builds the technological capabilities that underpin
economic growth and prosperity.
Abstracts.--The Committee directs NSF to continue its
efforts to ensure that award abstracts clearly explain in plain
English the intent of the project and how the project meets
both the intellectual merit and the broader impact review
criterion. Improving the peer review process and project
abstracts are critical to protecting NSF's stellar scientific
integrity. The abstracts serve as a public justification for
NSF funding decisions by articulating how the project serves
the national interest, consistent with the Foundation's mission
as established in the National Science Foundation Act of 1950
(42 U.S.C. 1861 et seq). The Committee believes that abstracts
should explain how a project increases economic competitiveness
in the United States; advances the health and welfare of the
American public; develops an American STEM workforce, including
computer science and information technology sectors, that are
globally competitive; increases public scientific literacy and
public engagement with science and technology in the United
States; increases partnerships between academia and industry in
the United States; supports the national defense of the United
States; or promotes the progress of science for the United
States.
Experimental Program to Stimulate Competitive Research
(EPSCoR).--Within amounts provided, $170,690,000 is for EPSCoR.
Neuroscience.--Within amounts provided, $146,930,000 is for
NSF's contributions to the Brain Research through Advancing
Innovative Neurotechnologies (BRAIN) initiative.
Astronomical Sciences Portfolio Review.--The Committee
recognizes that the continued operation of the NSF network of
astronomical observatories is a strategic asset to the nation,
and that each observatory serves a specific need in
Astronomical Sciences. These observatories were created with
strong Federal investments and the observatories shall remain
under NSF operation where possible. NSF shall not implement any
final divestment of infrastructure tied to the findings of its
2012 Astronomical Sciences Portfolio Review without first
reporting such actions to the Committee. Further, any such
actions shall be carried out in accordance with relevant
reprogramming requirements. The Committee is aware that NSF is
working cooperatively with academic and private sector partners
to develop plans to share future operations and maintenance
costs of some aging but still scientifically productive
facilities. NSF shall keep the Committee informed of these
activities.
High-performance computing.--The Committee urges NSF to
continue its commitment to modernizing its world-class big data
and high-performance computing resources, which support all
areas of scientific research and education, including the most
demanding scientific challenges. NSF shall brief the Committee
periodically on its efforts to incorporate the recommendations
from the National Academy of Sciences report, Future Directions
for NSF Advanced Computing Infrastructure to Support U.S.
Science and Engineering in 2017-2020.
International Ocean Drilling Program (IODP).--The
recommendation provides $48,000,000, as requested, for the
IODP. The Committee notes that in addition to this funding, the
IODP program derives funding from international and/or industry
partners to maximize operation time on the JOIDES Resolution
ocean drilling research vessel. The Committee supports moving
towards the goal of operating five research missions a year.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends $87,120,000 for Major Research
Equipment and Facilities Construction, which is $113,190,000
below fiscal year 2016 and $106,000,000 below the request.
Large Synoptic Survey Telescope (LSST).--The recommendation
includes $67,120,000, the requested amount, for the LSST. The
LSST, which was ranked as the top large ground-based astronomy
project by the National Research Council 2010 Decadal Survey,
will produce the deepest, widest-field sky image ever, and
issue alerts for moving and transient objects within 60 seconds
of discovery. NSF shall provide quarterly briefings to the
Committee on the status of this project, to include updates on
addressing the issues identified by the NSF IG.
Daniel K. Inouye Solar Telescope (DKIST).--NSF shall
provide quarterly briefings to the Committee on the status of
DKIST, to include updates on addressing the issues identified
by the NSF IG.
Antarctic program.--The recommendation fully funds the
requested amounts for the Antarctic Infrastructure
Modernization for Science program which builds on
recommendations for increased efficiencies included in the U.S.
Antarctic Program Blue Ribbon Panel report, More and Better
Science in Antarctica through Increased Logistical
Effectiveness.
EDUCATION AND HUMAN RESOURCES
The Committee recommends $880,000,000 for Education and
Human Resources (EHR), which is the same as fiscal year 2016
and $18,870,000 below the request.
Dyslexia.--NSF shall fully implement section 4 of the
Research Excellence and Advancements for Dyslexia Act exactly
as enacted in Public Law 114-124.
Advanced Technological Education (ATE).--The recommendation
provides no less than the fiscal year 2016 level for the ATE
program.
Broadening participation programs.--To broaden the
participation of underrepresented populations in STEM education
programs and, ultimately, the STEM workforce, the
recommendation provides no less than $35,000,000 for the
Historically Black Colleges and Universities Undergraduate
Program; $46,000,000 for the Louis Stokes Alliance for Minority
Participation; and $14,000,000 for the Tribal Colleges and
Universities Program. In addition, over the past several years,
this Committee has asked NSF to consider creating a program
within EHR to focus on Hispanic Serving Institutions (HSIs).
Such a program was authorized in the America COMPETES Act of
2010. The Committee directs NSF to establish an HSI-specific
program no later than 120 days after enactment of this Act and
demonstrate a $30,000,000 investment no later than September
30, 2017.
Innovation Corps.--The recommendation includes $35,000,000
for the NSF Innovation Corps program. The $5,000,000 increase
above the request will allow the NSF to provide additional
funding for new and existing I-Corps Teams, Sites, and Nodes to
enable greater participation nationally.
Cybersecurity Research.--The Committee encourages NSF to
form partnerships with Hispanic Serving Institutions and
Historically Black Colleges and Universities and to report to
the Committee on these matters within 180 days of enactment of
this Act.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The Committee recommends $340,000,000 for Agency Operations
and Award Management, which is $10,000,000 above fiscal year
2016 and $33,020,000 below the request.
Headquarters.--NSF shall keep the Committee informed
regarding the status of transitioning to the new headquarters
building.
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommends $4,380,000 for the National
Science Board, which is $10,000 more than fiscal year 2016 and
the same as the request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $15,200,000 for the Office of
Inspector General, which is $40,000 above fiscal year 2016 and
the same as the request.
Management challenges.--The IG shall brief the Committee on
a quarterly basis regarding NSF's progress in addressing issues
raised in various IG reports and alert memos.
ADMINISTRATIVE PROVISION
(INCLUDING TRANSFER OF FUNDS)
The bill includes a provision that establishes thresholds
for the transfer of funds.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The Committee recommends $9,200,000 for the Commission on
Civil Rights, which is the same as fiscal year 2016 and
$230,000 below the request.
Prioritization of statutory enforcement report subject
matter.--When choosing the subject matter for future statutory
enforcement reports, the Committee believes the Commission
should focus on crucial and urgent civil rights concerns.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The Committee recommends $364,500,000 for the Equal
Employment Opportunity Commission (EEOC), which is the same as
fiscal year 2016 and $12,146,000 below the request.
Backlog reduction.--The Committee expects the EEOC to
prioritize inventory reduction rather than allocate resources
for systematic changes in which no complaint was filed by an
actual/former employee or applicant. EEOC shall provide an
annual report on the backlog, to include data on the number and
pendency of charges, on any changes to EEOC's priority charge
handling procedures, and the effect of such changes on
inventory reduction.
Conciliation.--The Committee is concerned with the EEOC's
pursuit of litigation absent good faith conciliation efforts.
The Committee directs the EEOC to engage in such efforts before
undertaking litigation.
State and Local Enforcement Assistance.--The Committee
recommends up to $29,500,000 to assist State and local
enforcement agencies. The Committee continues to believe that
none of these funds should be used for tester programs.
International Trade Commission
SALARIES AND EXPENSES
The Committee recommends $90,000,000 for the International
Trade Commission (ITC), which is $1,500,000 above fiscal year
2016 and $2,866,000 below the request.
Cybersecurity.--ITC handles sensitive and proprietary data
and therefore is a potential target for cyber attacks. The
Committee expects ITC to prioritize efforts to improve its
cybersecurity posture. The Committee also encourages ITC to
work with other relevant Federal agencies to inform its
actions.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The Committee recommends $350,000,000 for the Legal
Services Corporation (LSC), which is $35,000,000 below fiscal
year 2016 and $125,000,000 below the request.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The bill continues restrictions on the uses of LSC funding.
None of the funds appropriated in this Act to the LSC shall be
expended for any purpose prohibited or limited by, or contrary
to any of the provisions of, sections 501, 502, 503, 504, 505,
and 506 of Public Law 105-119, and all funds appropriated in
this Act to the LSC shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2016 and 2017, respectively.
Unauthorized uses of funds.--The Inspector General (IG) of
the LSC is encouraged to conduct annual audits of LSC grantees
to ensure that funds are not used in contravention of the
restrictions on engaging in political activities, representing
illegal immigrants, or any of the other restrictions by which
LSC grantees are required to abide. The Committee recommends
the removal of funds from any LSC grantee determined by the IG
to have engaged in unauthorized activity.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee recommends $3,431,000 for the Marine Mammal
Commission, which is the same as fiscal year 2016 and the
request.
Office of the United States Trade Representative
The Committee recommends $65,000,000 for the Office of the
U.S. Trade Representative (USTR), which is $10,500,000 above
fiscal year 2016 and $5,624,000 above the request.
SALARIES AND EXPENSES
The Committee recommends $50,000,000 for the salaries and
expenses of USTR, which is $4,500,000 below fiscal year 2016
and $9,376,000 below the request.
China.--The Committee expects that USTR will coordinate and
implement a comprehensive and vigorous strategy to address the
United States' trade imbalance with China. Within the amounts
provided, the USTR is encouraged to maintain staff who can
translate trade documents that USTR receives from China. The
Committee believes that USTR should have its own translators on
staff given the challenges associated with enforcing existing
U.S. trade laws with China.
Free trade agreements.--The Committee directs USTR to
continue to pursue free trade agreements with additional
countries and trading blocs to continue advancing trade to and
from the United States.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $15,000,000, which is to be
derived from the Trade Enforcement Trust Fund, for trade
enforcement activities authorized by the Trade Facilitation and
Trade Enforcement Act of 2015. No funds were requested from
this Fund.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $5,121,000 for the State Justice
Institute, which is the same as fiscal year 2016 and the
request.
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSIONS)
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employees; (5) reorganizes or renames offices, programs, or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects, or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract made with funds
made available in this Act. The section further provides that
to the extent practicable, with respect to purchases of
promotional items, funds made available under this Act shall be
used to purchase items manufactured, produced, or assembled in
the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 limits the obligation of receipts deposited
into the Crime Victims Fund to $2,737,000,000 during fiscal
year 2017. This language is continued to ensure that a stable
level of funds will remain available for the program, despite
inconsistent levels of fines deposited annually into the Fund.
The language also provides for a tribal set-aside.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs. This provision was requested by the President and has
been included in the bill since 1999.
Section 512 prohibits the transfer of funds made available
in this Act to any department, agency or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this Act or any other
appropriations Act.
Section 513 provides that funds provided in this Act for E
Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered by this section shall consult with the Federal
Bureau of Investigation (FBI) and other relevant agencies when
reviewing supply chain risks and making a determination that
the acquisition is in the national interest. Each department or
agency covered by this section is directed to ensure it is
following the criteria established by the FBI and the National
Institute of Standards and Technology when acquiring or
renewing certain information systems. Each department or agency
covered under this section shall submit a quarterly report to
the Committees on Appropriations of the House and Senate
describing reviews and assessments of risk made pursuant to
this section and any associated findings or determinations.
Section 515 prohibits the use of funds made available in
this Act to support or justify the use of torture by any
official or contract employee of the United States Government.
Section 516 permanently prohibits the use of funds to
require certain export licenses.
Section 517 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics'''
firearms, parts, or ammunition.
Section 518 prohibits the use of funds made available in
this Act to include certain language in trade agreements.
Section 519 prohibits the use of funds made available in
this Act to authorize or issue a national security letter (NSL)
in contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 520 requires congressional notification regarding
any project within the Departments of Commerce or Justice, the
National Science Foundation or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 521 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2017 until the enactment of the Intelligence Authorization Act
for fiscal year 2017.
Section 522 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
(RESCISSIONS)
Section 523 provides for rescissions of unobligated
balances from the Department of Justice.
Section 524 prohibits the use of funds made available in
this Act for the purchase of first class or premium air travel
in contravention of certain Federal travel regulations.
Section 525 prohibits the use of funds made available in
this Act to pay for the attendance of more than 50 department
or agency employees, who are stationed in the United States, at
any single conference outside the United States, unless the
conference is a law enforcement training or operational event
where the majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 526 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to or
within the United States, its territories, or possessions.
Section 527 prohibits the use of funds in this or any other
Act to construct, acquire, or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at United
States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or control of the
Department of Defense.
Section 528 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 529 prohibits the use of funds made available in
this Act by the National Aeronautics and Space Administration
(NASA) or the Office of Science and Technology Policy (OSTP) to
engage in bilateral activities with China or a Chinese-owned
company unless the activities are authorized by subsequent
legislation or NASA or OSTP and the Federal Bureau of
Investigation have made a certification pursuant to subsections
(c) and (d) of this section.
Section 530 permanently prohibits funds from being used to
deny the importation of shotgun models if no application for
the importation of such models, in the same configuration, had
been denied prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Section 531 prohibits the use of funds made available in
this Act to establish or maintain a computer network that does
not block pornography, except for law enforcement or victim
assistance purposes.
Section 532 requires each department and agency funded in
the bill to submit spending plans.
Section 533 prohibits funds made available by this Act to
implement the Arms Trade Treaty until the Senate approves a
resolution of ratification.
Section 534 prohibits the use of funds to relinquish the
responsibility of the National Telecommunications and
Information Administration with respect to Internet domain name
system functions.
Section 535 prohibits funds to deny an Inspector General
funded under this Act with timely access to records, documents,
or other materials.
Section 536 requires a quarterly report from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation on official travel to
China.
Section 537 prohibits funds to facilitate, permit, license,
or promote certain exports to Cuba. This section does not apply
to exports permitted under the Trade Sanctions Reform and
Export Enhancement Act of 2000.
Section 538 prohibits funds to approve the registration,
renewal, or maintenance of the registration of a mark, trade
mark, trade name, or commercial name when the mark, trade mark,
trade name, or commericial name was unlawfully confiscated in
Cuba.
Section 539 prohibits funds to enter into a civil
settlement agreement on behalf of the United States that
includes certain donations.
Section 540 prohibits funds from being used to require a
person licensed under section 923 of title 18, United States
Code, to report information to the Department of Justice
regarding the sale of multiple rifles or shotguns to the same
person.
Section 541 requires the establishment of nonnative
predator fish research and removal pilot programs.
Section 542 expands conservation fish hatcheries to
enhance, supplement, and rebuild endangered species.
Section 543 prohibits funds for Operation Choke Point.
Section 544 requires not less than 10 percent of the funds
provided for certain programs be provided to persistent poverty
counties.
Section 545 prohibits funds for the Equal Employment
Opportunity Commission for collection of information as set
forth in the notice published on February 1, 2016.
Section 546 allows States, in civil actions, to obtain all
appropriate relief against any party under the Constitution and
to require that courts promptly hear and determine any such
civil action and afford the State any necessary preliminary
relief.
SPENDING REDUCTION ACCOUNT
Section 547 establishes a Spending Reduction Account.
HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
Full Committee Votes
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Department of Justice
Working Capital Fund.............................. $300,000,000
Legal Activities, Assets Forfeiture Fund.......... 304,000,000
Drug Enforcement Administration................... 6,192,000
Federal Bureau of Investigation, Fees............. 140,000,000
Federal Bureau of Investigation, Salaries and 51,600,000
Expenses.........................................
U.S. Marshals Service, Federal Prisoner Detention. 24,000,000
State and Local Law Enforcement Assistance
Office on Violence Against Women, Violence 15,000,000
Against Women Prevention and Prosecution
Programs.....................................
Office of Justice Programs.................... 40,000,000
Community Oriented Policing Services.......... 10,000,000
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfers of funds provided in the accompanying bill:
In title I, under Bureau of the Census, Periodic Censuses
and Programs, language is included to transfer funds to the
Department of Commerce, Office of Inspector General.
Under U.S. Patent and Trademark Office, Salaries and
Expenses, language is included to transfer funds to the Civil
Service Retirement and Disability Fund, the Federal Employees
Health Benefit Fund, the Federal Employees Group Life Insurance
Fund, and the Department of Commerce, Office of Inspector
General.
Under National Institute of Standards and Technology,
Scientific and Technical Research and Services, language is
included allowing for transfers to the Working Capital Fund.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included to
transfer funds from the Promote and Develop Fishery Products
and Research Pertaining to American Fisheries fund.
Under National Oceanic and Atmospheric Administration,
Procurement, Acquisition, and Construction, language is
included to transfer funds to the Department of Commerce,
Office of the Inspector General.
Under Rennovation and Modernization, language is included
allowing for the transfer of funds.
Section 103 provides for the transfer of funds between
Department of Commerce appropriations in certain circumstances.
In title II, General Administration, Justice Information
Sharing Technology, language is included allowing for the
transfer of funds.
Under General Administration, Executive Office for
Immigration Review, language is included to transfer funds to
the Executive Office for Immigration Review from fees deposited
in the Immigration Examinations Fee account.
Under Legal Activities, Salaries and Expenses, Community
Relations Service, language is included allowing for the
transfer of funds in certain circumstances.
Under United States Marshals Service, Federal Prisoner
Detention, language is included transferring available
unobligated balances from General Administration, Detention
Trustee to this account.
Under National Security Division, Salaries and Expenses,
language is included allowing for the transfer of funds in
certain circumstances.
Under Federal Prison System, Salaries and Expenses,
language is included to allow the transfer of funds to the
Department of Health and Human Services.
Under State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included to allow the
transfer of funds in certain circumstances.
Under State and Local Law Enforcement Activities, Public
Safety Officer Benefits, language is included to allow the
transfer of funds in certain circumstances.
Under State and Local Law Enforcement Activities, Community
Oriented Policing Services, Community Oriented Policing
Services Programs, language is included to allow the transfer
of funds to the Drug Enforcement Administration.
Section 205 provides language for the transfer of funds
between Department of Justice appropriations in certain
circumstances.
Section 212 provides language for the transfer of funds
between certain grant funds and the National Institute of
Justice and the Bureau of Justice Statistics.
In title III, under National Aeronautics and Space
Administration, Administrative Provisions, language is included
providing for the transfer of funds among appropriations in
certain circumstances.
Under National Aeronautics and Space Administration,
Administrative Provisions, language is included to allow
unexpired balances of an old account to be transferred to a
different account funding the same activities.
Under National Science Foundation, Administrative
Provisions, language is included providing for the transfer of
funds among appropriations in certain circumstances.
Under United States Trade Representative, Trade Enforcement
Trust Fund, language is included providing for the transfer of
funds.
Under General Provisions, Section 508 provides for the
transfer of funds in certain circumstances.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Compliance With Rule XIII, CL. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee notes that the
accompanying bill does not propose to repeal or amend a statute
or part thereof.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
Language is included for a number of accounts placing
limitations on representation and reception allowances in order
to reduce the amount of money that would otherwise be spent on
these activities. The bill also provides that a number of
appropriations shall remain available for obligation beyond the
current fiscal year. While these provisions are not
specifically authorized for all of the items, it is deemed
desirable to include such language for certain programs in
order to provide for orderly administration and effective use
of funds.
In title I, Department of Commerce, under International
Trade Administration, Operations and Administration, language
is included providing that funds may be used for engaging in
trade promotion activities abroad, including expenses of grants
and cooperative agreements, for the purposes of promoting
exports of U.S. firms. Language is also provided allowing for
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration; employment
of Americans and aliens by contract for services; rental of
space abroad and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; and payment of tort
claims. In addition, language is included regarding official
representation expenses abroad, purchase of passenger motor
vehicles for official use abroad, obtaining insurance on
official motor vehicles, and rental of tie lines. Language is
also recommended deriving a portion of available funds from
fees. Furthermore, language is included designating funding for
China antidumping and countervailing duty enforcement and
compliance activities. Moreover, language is included providing
for two-year availability of funds. Finally, language is
included regarding the contributions under the Mutual
Educational and Cultural Exchange Act of 1961.
Under Bureau of Industry and Security, Operations and
Administration, the language provides for no-year availability
of funds. Language is included regarding the costs associated
with the performance of export administration field activities
both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for
services abroad; payment of tort claims; official
representation expenses abroad; awards of compensation to
informers; and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use without
regard to any price limitation established by law. In addition,
language is included regarding the Mutual Educational and
Cultural Exchange Act of 1961. Finally, language is recommended
providing that payments and contributions collected and
accepted for materials or services may be retained for use in
covering the cost of those activities and other communications.
Under Economic Development Administration, Economic
Development Assistance Programs, the language provides for no-
year availability of funds. Language is also included regarding
section 27 of the Stevenson-Wydler Technology Innovation Act.
Also, under Salaries and Expenses, language is included
regarding the monitoring of approved projects.
Under Minority Business Development Agency, Minority
Business Development, language is included making funds
available for fostering, promoting, and developing minority
business enterprises, including expenses of grants, contracts
and other agreements.
Under Economic and Statistical Analysis, Salaries and
Expenses, language is included providing for two-year
availability of funds.
Under Bureau of the Census, Current Surveys and Programs,
language is included providing that funds may be used for
collecting, compiling, analyzing, preparing and publishing
statistics and for promotion, outreach and marketing
activities. Language is also included requiring the collection
of certain data in a certain survey.
Also, under Periodic Censuses and Programs, language is
included providing two-year availability of funds. Language is
also included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities. In addition,
language is included providing for a transfer to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the Bureau of
the Census. Finally, language is included withholding funds for
certain Census information technology projects until the Bureau
submits an expenditure plan.
Under National Telecommunications and Information
Administration, Salaries and Expenses, language is included
providing for two-year availability of funds. Language is also
included permitting the Secretary of Commerce to charge Federal
agencies for costs in spectrum management, analysis,
operations, and related services; and to use such collections
in telecommunications research. The language also allows the
Secretary to retain and use as offsetting collections all funds
transferred, or previously transferred for telecommunications
research, engineering and activities by the Institute for
Telecommunication Sciences of NTIA. Finally, language is
included providing that funds so transferred shall remain
available until expended.
Also, under Public Telecommunications Facilities, Planning
and Construction, language is included allowing recoveries and
unobligated balances of funds previously appropriated to be
available for the administration of all open grants until their
expiration.
Under United States Patent and Trademark Office, Salaries
and Expenses, language is included providing that appropriated
funds be reduced as offsetting collections are assessed and
collected. Language is including making funds available until
expended and providing that funds received in excess of
appropriations be deposited in a Patent and Trademark Fee
Reserve fund, to be available until expended pursuant to the
Director submitting a spending plan subject to section 505 of
this Act, after which the funds shall be transferred to the
Salaries and Expenses account. In addition, language is
included limiting representation expenses. Language is also
included regarding basic pay and certain retirement benefits.
Additional language is included regarding USPTO's financial
statements. Furthermore, language is included providing that
fees and surcharges charged are available to USPTO pursuant to
section 42(c) of title 35, United States Code. Finally, the
language provides that an amount be transferred to the Office
of Inspector General (OIG).
Under National Institute of Standards and Technology,
Scientific and Technical Research and Services, language is
included providing for no-year availability of funds. In
addition, language is included allowing transfers to the
working capital fund. Language is included limiting funds for
official reception and representation expenses. Finally,
language is included allowing NIST to provide local
transportation for a certain fellowship program.
Also, under Industrial Technology Services, language is
included providing no-year availability of funds. The language
also designates an amount for the Manufacturing Extension
Partnership and the National Network for Manufacturing
Innovation.
In addition, under Construction of Research Facilities,
language is included providing for no-year availability of
funds. Language is also included regarding the submission of
certain materials in support of construction budget requests.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included
allowing for two-year availability for funds, except for
cooperative enforcement funds, which are available for three
years. Language is also included allowing maintenance,
operation, and hire of aircraft and vessels; grants, contracts,
or other payments to nonprofit organizations for the purposes
of conducting activities pursuant to cooperative agreements;
and relocation of facilities. Language is included allowing
fees and donations received by a particular office to be
retained and used for expenses related to certain activities.
In addition, language is included that provides that certain
funds be derived from various sources and restricting their use
to certain activities. Furthermore, language is included
limiting the amount of funds that can be provided for corporate
services administrative support. Moreover, language is included
specifying that deviations from amounts included in the report
accompanying the Act shall be subject to section 505 of this
Act. Finally, language is included providing for retired pay
expenses.
Also, under Procurement, Acquisition and Construction,
language is included providing for three-year availability for
funds, except for construction funds, which are available until
expended. Language is also included providing that certain
funds be derived from various sources. In addition, language is
included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Language is included regarding the submission of
certain materials in support of construction budget requests.
Language is included transferring an amount to the OIG.
Finally, language is included withholding certain funding.
In addition, under Pacific Coastal Salmon Recovery,
language is included providing for two-year availability of
funds. Language is also included allowing the Secretary of
Commerce to issue grants to specific States and federally
recognized tribes for conservation projects for listed
endangered or threatened salmon and steelhead populations,
populations at risk to be so listed, and for maintaining
populations necessary for the exercise of tribal treaty fishing
rights, and for conservation of Pacific coastal salmon and
steelhead habitat, to be allocated under scientific and merit
principles and not available for marketing activities; and
requiring a State match.
Furthermore, under Fishermen's Contingency Fund, language
is included providing for the appropriation of funds to be
derived from receipts collected pursuant to Title IV of Public
Law 95-372.
Moreover, under Fisheries Finance Program Account, language
is included placing limitations on individual fishing quota
loans and traditional direct loans.
Under Departmental Management, Salaries and Expenses,
language is included limiting funds for official reception and
representation expenses.
Under Renovation and Modernization, language is included
making funds available until expended and allowing funding to
be transferred into the account.
Under Department of Commerce, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 101 makes funds available for advanced payments
only upon certification of officials designated by the
Secretary that such payments are considered to be in the public
interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for services,
and for uniforms and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requiring notification to the Committee of certain actions.
Section 104 extends Congressional notification requirements
for NOAA satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides the Administrator with the authority
to avail NOAA of needed resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging customers for certain publications,
except under certain conditions and requires charges be limited
to recovering costs.
In title II, Department of Justice, under General
Administration, Salaries and Expenses, language is included
providing for an amount for security and construction of
Department of Justice facilities, which shall remain available
until expended.
Also, under Justice Information Sharing Technology,
language is included providing that funds be available until
expended. Language is also included allowing transfers up to a
certain amount to this account for information technology
initiatives.
In addition, under Executive Office for Immigration Review,
language is included providing that an amount shall be derived
by transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee'' account.
Language is also included making an amount available until
expended for certain purposes.
Moreover, under Office of Inspector General, language is
included providing for not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
Under United States Parole Commission, Salaries and
Expenses, language is included providing that upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Under Legal Activities, Salaries and Expenses, General
Legal Activities, language is included providing not to exceed
$20,000 for expenses of collecting evidence, to be expended
under the direction of, and to be accounted for solely under
the certificate of, the Attorney General. Language is also
included providing for rental of space in the District of
Columbia. Language is included making an amount available until
expended for litigation support contracts. In addition,
language is included making certain funds available to INTERPOL
available until expended. Also, language is included limiting
the amount of funds for official representation and reception
expenses available to INTERPOL Washington. Furthermore,
language is included providing funds to the Civil Rights
Division for expenses associated with election monitoring,
authority to reimburse the Office of Personnel Management for
such expenses, and availability of such funds until expended.
Finally, language is included for expenses associated with
processing cases under the National Childhood Vaccine Injury
Act of 1986.
Also, under Salaries and Expenses, Antitrust Division,
language is included providing for no-year availability of
funds. The language also provides that fees collected for
premerger notification filings, regardless of the year of
collection, shall be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended.
In addition, under Salaries and Expenses, United States
Attorneys, language is included regarding inter-governmental
and cooperative agreements and limiting funds for official
reception and representation expenses. Language is also
included extending the availability of certain funds. Finally,
language is included requiring each United States Attorney to
establish or participate in a task force on human trafficking.
Furthermore, under United States Trustee System Fund,
language is included regarding refunds due depositors. Language
is also included providing for the extended availability of
certain funds and the use of offsetting collections.
Moreover, under Fees and Expenses of Witnesses, language is
included regarding contracts for the procurement and
supervision of expert witnesses. In addition, language is
included regarding funds for construction of buildings for
safesites, armored and other vehicles, and telecommunication
equipment. The language also provides for no-year availability
of funds. In addition, language is included providing no funds
may be transferred pursuant to section 205 of this Act.
And under Salaries and Expenses, Community Relations
Service, language is included regarding the transfer of funds
for conflict resolution and violence prevention activities,
which shall be subject to the provisions of section 505 of this
Act.
Under United States Marshals Service, Salaries and
Expenses, language is included limiting official reception and
representation expenses, and providing for no-year availability
for part of the appropriation.
Also, under Construction, language is included providing
for no-year availability of funds.
In addition, under Federal Prisoner Detention, language is
included providing for no-year availability of funds. Language
is also included providing that the United States Marshals
Service shall be responsible for managing the Justice Prisoner
and Alien Transportation System. In addition, language is
included limiting the amount of funds considered ``funds
appropriated for State and local law enforcement assistance''.
Finally, language is included transferring to this account
unobligated balances from funds appropriated in prior years to
the Detention Trustee.
Under National Security Division, Salaries and Expenses,
language is included providing for the no-year availability of
funds for IT systems. Language is also included providing that
upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of
the National Security Division, the Attorney General may
transfer such amounts to this heading from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances. The language provides such a transfer be treated
as a reprogramming under section 505 of this Act.
Under Interagency Law Enforcement, Interagency Crime and
Drug Enforcement, language is included providing for no-year
availability for some of the funds. Language is also included
regarding authorities under which funds may be used.
Under Federal Bureau of Investigation, Salaries and
Expenses, language is included providing for no-year
availability of certain funds. Language is included providing
for a limitation on representational expenses.
Under Construction, language is included specifying the
purpose of the appropriation and making it available until
expended.
Under Drug Enforcement Administration, Salaries and
Expenses, language is included providing for funds to meet
unforeseen emergencies of a confidential character. Language is
also included allowing conduct of drug education and training
programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs. In
addition, language is included providing for no-year
availability of certain funds. Finally, language is included
providing for a limitation on representational expenses.
Under Bureau of Alcohol, Tobacco, Firearms and Explosives,
Salaries and Expenses, language is included allowing training
of State and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection, and allowing provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement. Language is also included limiting
official reception and representation expenses. In addition,
language is included providing funds for the payment of
attorneys' fees. In addition, language is included providing
for no-year availability of certain funds. Additional language
is included prohibiting expenses to investigate or act upon
applications for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code. Language
is further included regarding expenses to investigate
applications filed by corporations for relief from section
925(c) of title 18, United States Code. Moreover, language is
included that prohibits funds to transfer the functions,
missions or activities of ATF to other agencies or departments.
Under Federal Prison System, Salaries and Expenses,
language is included that provides for the transfer to the
Department of Health and Human Services funds necessary for
medical relief for inmates. Language is also included that
provides authority to the Director to enter into contracts to
furnish health care. In addition, language is included placing
a limitation on funds for reception and representation
expenses. Furthermore, language is included extending the
availability of certain funds. Finally, language is included
providing authority for the Federal Prison System to accept
donated property and services.
Also, in Building and Facilities, language is included
providing for no-year availability of funds and establishing
funding levels for certain activities. Language is also
included stating labor of prisoners may be used for work under
this heading.
Additionally, under Federal Prison Industries,
Incorporated, language is included authorizing Federal Prison
Industries, Incorporated, to make such expenditures, within the
limits of funds and borrowing authority available, and in
accord with the law, and to make such contracts and
commitments, without regard to fiscal year limitations, as may
be necessary in carrying out the program set forth in the
budget for the current fiscal year for such corporation.
Furthermore, under Limitation on Administrative Expenses,
Federal Prison Industries, Incorporated, language is included
making available funds for its administrative expenses, and for
certain services, to be computed on an accrual basis to be
determined in accordance with the corporation's current
prescribed accounting system, and such amounts shall be
exclusive of depreciation, payment of claims, and expenditures
which such accounting system requires to be capitalized or
charged to cost of commodities acquired or produced, including
selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Under State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included making funds
available until expended. Language is also included placing a
limitation on funds to be made available for expenses related
to evaluation, training, and technical assistance. In addition,
language is included providing for specific appropriations for
various programs within the Office on Violence Against Women.
Furthermore, language is included making available certain
unobligated balances for specified programs. The language also
applies certain conditions to specified grants. It provides for
certain funds to be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of Justice
Programs.
Under Office of Justice Programs, Research, Evaluation and
Statistics, language is included to provide for no-year
availability of funds. Language is also included to provide for
specific appropriations for various programs within the Office
of Justice Programs.
Also, under State and Local Law Enforcement Assistance,
language is included to provide for no-year availability of
funds. Language is also included regarding an Officer Robert
Wilson III Memorial Initiative on Preventing Violence Against
Law Enforcement Officer Resilience and Survivability
Initiative, domestic radicalization research, juvenile indigent
defense, and a National Missing and Unidentified Persons
System, and the application of certain sections and special
rules. In addition, language is included regarding Federal
immigration and other detainees housed in State and local
detention facilities. Furthermore, language is included
regarding local government use of funds to increase the number
of law enforcement officers. Language is also included
regarding DNA training and education for law enforcement,
correctional personnel, and court officers. Finally, the
language specifies appropriations for various programs within
the Office of Justice Programs.
In addition, under Juvenile Justice Programs, language is
included providing for no-year availability of funds. Language
is also included waiving a provision of law with respect to
funding for missing and exploited children programs. Finally,
the language delineates certain amounts for various programs
under this heading.
Furthermore, under Public Safety Officer Benefits, language
is included providing for no-year availability of funds.
Language is also included providing for the transfers of funds
in emergent circumstances, which shall be subject to the
provisions of section 505 of this Act.
Under Community Oriented Policing Services, Community
Oriented Policing Services Programs, language is included
providing for no-year availability of funds. Language is also
included requiring that balances available through
deobligations only be available through reprogramming. In
addition, language is included regarding transfers of funds for
anti-methamphetamine activities. There is further language
regarding certain time limitations under the Second Chance Act.
Finally, the language delineates certain amounts for various
programs under this heading.
Under Department of Justice, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of incest, rape or to preserve the
life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the Committee's requirements and
procedures for transfer proposals.
Section 206 prohibits the use of certain funds for
transporting prisoners classified as maximum or high security,
other than to a facility certified by the Bureau of Prisons as
appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 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 A-76
competitions for work performed by employees of Federal Prison
Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding dual or
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be used
for training and technical assistance and permits up to 3
percent of grant or reimbursement funds made available to that
office to be used for criminal justice research, evaluation and
statistics.
Section 213 prohibits funds, other than funds for the
National Instant Criminal Background Check System established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
This language is made permanent.
Section 214 places limitation on the obligation of funds
from certain Department of Justice accounts and funding
sources.
In title III, Science, under Office of Science and
Technology Policy, language is included providing that certain
funds be available for reception and representation expenses,
and rental of conference rooms.
Under National Aeronautics and Space Administration,
Science, language is included providing for the multi-year
availability of funds. Language is also included regarding a
limitation on formulation and development costs of a certain
program with an associated notification requirement and
language is also included concerning a planetary science
mission.
Also, under Aeronautics, language is included providing for
the multi-year availability of funds.
In addition, under Space Technology, language is included
providing for the multi-year availability of funds.
Under Exploration, language is included providing for the
multi-year availability of funds. Language is also included
that delineates amounts for program components. Language is
also included describing certain reports and requiring the
inclusion of estimates in future budget requests.
In Space Operations, language is included providing for the
multi-year availability of funds.
Additionally, under Education, language is included
providing for the multi-year availability of funds. Language is
also included delineating amounts for program components.
Under Safety, Security and Mission Services, language is
included providing for the multi-year availability of funds.
Language is also included to limit official reception and
representation expenses.
Under Construction and Environmental Compliance and
Restoration, language is included providing for the multi-year
availability of funds. Language is also included restricting
receipts and expenditures made pursuant to enhanced use lease
arrangements and requiring the inclusion of estimates in future
budget requests.
Under Office of Inspector General, language is included
providing for the multi-year availability of certain funds.
In the Administrative Provisions, language is included
regarding: availability of funds for announced prizes;
limitations on transfers of funds among NASA accounts; the
submission of a spending plan; and the transfer of certain
unexpired balances.
Under National Science Foundation, Research and Related
Activities, language is included that provides for the multi-
year availability of funds. Language is also included that
governs funding availability for polar research and operational
support. In addition, language is included providing that
certain receipts may be credited to this appropriation.
Also, under Major Research Equipment and Facilities
Construction, language is included providing for no-year
availability of funds.
In addition, under Education and Human Resources, language
is included providing for the multi-year availability of funds.
Furthermore, under Agency Operations and Award Management,
language is included regarding contracts for maintenance and
operation of facilities and other services. Language is also
included limiting representation expenses, and providing for
no-year availability of some funds.
Under Office of the National Science Board, language is
included limiting funds for official reception and
representation.
Under Office of Inspector General, language is included
providing for the multi-year availability of certain funds.
Under Administrative Provision, language is included
regarding transfers of funds.
In title IV, Related Agencies, under Commission on Civil
Rights, Salaries and Expenses, language is included prohibiting
expenses to employ in excess of a specific level of full-time
individuals or to reimburse Commissioners for certain billable
days. Language is also included prohibiting certain
unauthorized activities.
Under Equal Employment Opportunity Commission, Salaries and
Expenses, language is included designating an amount for
payments to State and local enforcement agencies. Language is
also included limiting funds for official reception and
representation expenses. Finally, language is included
authorizing the Chair to accept donations or gifts to carry out
the work of the Commission.
Under International Trade Commission, Salaries and
Expenses, language is included limiting funds for official
reception and representation expenses. Language is also
included providing for no-year availability of funds.
Under Legal Services Corporation, Payment to the Legal
Services Corporation, language is included regarding pay for
officers and employees. Language is also included delineating
amounts for specific programs and regarding authorities to
transfer funds. In addition, language is included designating
the Legal Services Corporation as an agency of the Federal
Government for the purposes of reprogramming.
Under Administrative Provision, Legal Services Corporation,
language is included that prohibits the use of funds for
certain activities.
Under Office of the United States Trade Representative,
Salaries and Expenses, language is included providing for the
no-year availability of some funds. Language is also included
limiting funds for official reception and representation
expenses.
Also, under Trade Enforcement Trust Fund, language is
included regarding certain notifications.
Under State Justice Institute, Salaries and Expenses,
language is included limiting funds for reception and
representation expenses. Language is also included providing
for multi-year availability of certain funds. In addition,
language is included designating the State Justice Institute as
an agency of the Federal Government for the purposes of
reprogramming.
In title V, General Provisions, the following general
provisions that fall within the rule are recommended:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 specifies requirements for the reprogramming of
funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract made with funds
made available in this Act. The section further provides that
to the extent practicable, with respect to purchases of
promotional items, funds made available under this Act shall be
used to purchase items manufactured, produced, or assembled in
the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Section 510 limits the obligation of certain funds and
provides for a set-aside.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds made available
in this Act to any department, agency or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this Act or any other
appropriations Act.
Section 513 provides that funds provided in this Act for E-
Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Language is also
included making such acquisition contingent upon the
development of a risk mitigation strategy and a determination
that the acquisition is in the national interest.
Section 515 prohibits the use of funds made available in
this Act to support or justify the use of torture by any
official or contract employee of the United States Government.
Section 516 permanently prohibits the use of funds to
require certain export licenses.
Section 517 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 518 prohibits the use of funds made available in
this Act to include certain language in trade agreements.
Section 519 prohibits the use of funds made available in
this Act to authorize or issue a national security letter (NSL)
in contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 520 requires congressional notification regarding
any project within the Departments of Commerce or Justice, the
National Science Foundation or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 521 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2017 until the enactment of the Intelligence Authorization Act
for fiscal year 2017.
Section 522 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
Section 523 provides for rescissions of unobligated
balances from the Department of Justice.
Section 524 prohibits the use of funds made available in
this Act for the purchase of first class or premium air travel
in contravention of certain Federal travel regulations.
Section 525 prohibits the use of funds made available in
this Act to pay for the attendance of more than 50 department
or agency employees, who are stationed in the United States, at
any single conference outside the United States, unless the
conference is a law enforcement training or operational event
where the majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 526 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to or
within the United States, its territories, or possessions.
Section 527 prohibits the use of funds in this or any other
Act to construct, acquire, or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at United
States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or control of the
Department of Defense.
Section 528 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 529 prohibits the use of funds made available in
this Act by the National Aeronautics and Space Administration
(NASA) or the Office of Science and Technology Policy (OSTP) to
engage in bilateral activities with China or a Chinese-owned
company unless the activities are authorized by subsequent
legislation or NASA or OSTP and the Federal Bureau of
Investigation have made a certification pursuant to subsections
(c) and (d) of this section.
Section 530 permanently prohibits funds from being used to
deny the importation of shotgun models if no application for
the importation of such models, in the same configuration, had
been denied prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Section 531 prohibits the use of funds made available in
this Act to establish or maintain a computer network that does
not block pornography, except for law enforcement and victim
assistance purposes.
Section 532 requires each department and agency funded in
the bill to submit spending plans.
Section 533 prohibits funds made available by this Act to
implement the Arms Trade Treaty until the Senate approves a
resolution of ratification.
Section 534 prohibits the use of funds to relinquish the
responsibility of the National Telecommunications and
Information Administration with respect to Internet domain name
system functions.
Section 535 prohibits funds to deny an Inspector General
funded under this Act with timely access to records, documents,
or other materials.
Section 536 requires a quarterly report from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation on official travel to
China.
Section 537 prohibits funds to facilitate, permit, license,
or promote certain exports to Cuba.
Section 538 prohibits funds to approve the registration,
renewal, or maintenance of the registration of a mark, trade
mark, trade name, or commercial name when the mark, trade mark,
trade name, or commercial name was unlawfully confiscated in
Cuba.
Section 539 prohibits funds to enter into a civil
settlement agreement on behalf of the United States that
includes certain donations.
Section 540 prohibits funds from being used to require a
person licensed under section 923 of title 18, United States
Code, to report information to the Department of Justice
regarding the sale of multiple rifles or shotguns to the same
person.
Section 541 requires the establishment of nonnative
predator fish research and removal pilot programs.
Section 542 expands conservation fish hatcheries to
enhance, supplement, and rebuild endangered species.
Section 543 prohibits funds for Operation Choke Point.
Section 544 requires 10 percent of the funds for programs
go to persistent poverty counties.
Section 545 prohibits funds for the Equal Employment
Opportunity Commission for collection of information as set
forth in the notice published on February 1, 2016.
Section 546 allows States, in civil actions, to obtain all
appropriate relief against any party under the Constitution and
to require that courts promptly hear and determine any such
civil action and afford the State any necessary preliminary
relief.
Appropriations Not Authorized by Law
The Committee, in a number of instances, has found it
necessary to recommend funding for ongoing activities and
programs for which authorizations have not been enacted to
date. Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules
of the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
UNAUTHORIZED APPROPRIATIONS
Fiscal Year 2017
(dollars in thousands)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorization level in Appropriations in
Program Last year of last year of last year of Appropriations in
authorization authorization authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Commerce:
International Trade Administration
Operations and Administration
Export Promotion Activities............................... 1996 such sums 264,885 *
Bureau of Industry and Security
Operations and Administration............................... 1994 such sums 34,747 114,000
Economic Development Administration
Salaries and Expenses....................................... 2008 such sums 30,832 39,500
Economic Development Assistance Programs.................... various 225,000
Public Works and Economic Development Act Programs........ 2008 500,000 349,100 (209,000)
Minority Business Development Agency
Minority Business Development............................... n/a n/a n/a 34,000
Economic and Statistical Analysis
Salaries and Expenses....................................... n/a n/a n/a 107,000
National Telecommunications and Information Administration
Salaries and Expenses....................................... 1993 17,900 18,493 36,322
National Institute of Standards and Technology
Scientific and Technical Research and Services.............. 2013 676,700 609,514 680,000
Industrial technology services.............................. 2013 241,709 140,316 135,000
Manufacturing extension partnerships...................... 2013 (165,100) (126,088) (130,000)
Construction of research facilities......................... 2013 121,300 58,874 50,000
National Oceanic and Atmospheric Administration
Operations, Research and Facilities
Oceanic and Atmospheric Research.......................... 1993 1,589,081 202,172
Climate and air quality research activities............. 1993 (103,877)
Atmospheric research activities......................... 1993 (44,781)
National Ocean Service.................................... 1993 121,183 150,864 475,140
Coral Reef Conservation................................. 2004 (16,000) (16,000) (26,000)
Costal Zone Management.................................. 1999 (55,300) (52,700) (104,570)
Marine Protection, Research, Preservation & Sanctuaries. 2005 (40,000) (57,958) (49,000)
National Marine Fisheries Services........................ various
Endangered Species Act Activities....................... 1992 6,750
Marine Mammal Protection Act Activities................. 1999 34,768
NOAA Marine Fisheries Program Activities................ 2000 110,470
National Weather Service
Operations and research activities...................... 1993 395,822
Public warning and forecast systems..................... 1993 132,034 , ,
NESDIS
Satellite observing systems activities (NESDIS)......... 1993 336,000 , ,
Data and information services activities................ 1993 39,596 10,300 ,
Mission Support
Executive Direction and Administrative Activities....... 1993 75,750 25,000 208,361
Marine Services......................................... 1993 68,518 61,200 184,376
Aircraft Services....................................... 1993 10,336 9,500 36,000
Procurement, Acquisition and Construction
Office of Marine and Aviation Operations
Fleet modernization and replacement..................... 1997 such sums 8,000 16,700
Pacific Coastal Salmon Recovery............................. 2009 90,000 80,000 65,000
Departmental Management
Salaries and Expenses....................................... n/a n/a n/a 58,000
Renovation and Modernization................................ n/a n/a n/a 4,000
Department of Justice:
General Administration
Salaries and Expenses....................................... 2009 181,561 105,805 115,000
Justice Information Sharing Technology...................... 2009 204,152 80,000 40,000
Executive Office for Immigration Review..................... 2009 n/a n/a 457,154
Office of Pardon Attorney................................... 2009 n/a n/a 4,496
Office of Inspector General................................. 2009 81,922 80,681 93,709
United States Parole Commission
Salaries and Expenses....................................... 2009 12,711 12,570 13,308
Legal Activities
Salaries and Expenses, General Legal Activities............. 2009 764,526 805,655 893,000
Salaries and Expenses, Antitrust Division................... 2009 162,488 157,788 164,977
Salaries and Expenses, United States Attorneys.............. 2009 1,829,194 1,851,336 2,050,000
Salaries and Expenses, Foreign Claims Settlement Commission. 2009 1,429 1,823 2,374
Fees and Expenses of Witnesses.............................. 2009 203,755 168,300 270,000
Salaries and Expenses, Community Relations Service.......... 2009 10,977 9,873 15,500
United States Marshals Service................................ 2009 900,178 954,000 2,743,000
Salaries and Expenses....................................... ? (960,000) (1,258,000)
Construction................................................ ? (4,000) (10,000)
Federal Prison Detention#................................... 2009 1,858,509 1,355,319 (1,475,000)
National Security Division
Salaries and Expenses....................................... n/a n/a n/a 97,337
Interagency Law Enforcement
Interagency Crime and Drug Enforcement...................... 2009 744,593 515,000 522,135
Federal Bureau of Investigation............................... 2009 6,480,608 7,301,191 9,077,866
Salaries and Expenses....................................... ? (7,182,700) (8,768,884)
Construction................................................ ? (153,491) (308,982)
Drug Enforcement Administration
Salaries and Expenses....................................... 2009 1,930,462 1,959,084 2,102,976
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and Expenses....................................... 2009 1,038,939 1,078,215 1,257,757
Federal Prison System......................................... 2009 5,698,292 6,171,561 7,156,791
Salaries and Expenses....................................... ? (5,600,792) (7,016,791)
Buildings and Facilities.................................... ? (575,807) (140,000)
Office on Violence Against Women
Violence Against Women Prevention and Prosecution Programs
Research and Evaluation on Violence against Women......... n/a n/a n/a 5,000
Family Civil Justice...................................... various 16,000
Court Training and Improvements Program................. 2011 5,000 **
Safe Havens Program..................................... 2011 20,000 **
Consolidated Youth-oriented Program....................... various 11,000
Engaging Men and Youth in Prevention.................... n/a n/a n/a
Grants to Assist Children and Youth Exposed to Violence. n/a n/a n/a
Supporting Teens Through Education Program.............. 2011 5,000 **
Services to Advocate and Respond to Youth............... n/a n/a n/a
Research on Violence Against Indian Women................. 2015 1,000 940 1,000
Indian Country--Sexual Assault Clearinghouse.............. n/a n/a n/a 500
Tribal assistance......................................... n/a n/a n/a 5,000
Office of Justice Programs
Research, Evaluation and Statistics
Bureau of Justice Statistics.............................. 1995 33,000 32,335 48,000
NCS-X Implementation Program.............................. n/a n/a n/a 5,000
National Institute of Justice............................. 1995 33,000 58,879 40,000
State and Local Law Enforcement Assistance
Byrne Memorial Justice Assistance Grants.................. 2012 1,095,000 470,000 476,000
Domestic Radicalization Research........................ n/a n/a n/a (4,000)
Officer Robert Wilson III VALOR Initiative.............. n/a n/a n/a (20,000)
Juvenile Indigent Defense............................... n/a n/a n/a (2,500)
NamUS................................................... n/a n/a n/a (2,400)
State Criminal Alien Assistance Program................... 2011 950,000 ** 273,906
Capital Litigation and Wrongful Conviction Review......... 2009 75,000 5,500 2,000
White Collar Crime Prevention............................. n/a n/a n/a 10,000
Adam Walsh Act Implementation............................. 2009 such sums 18,000 20,000
National Sex Offender Public Website...................... n/a n/a n/a 1,000
Violent Gang and Gun Crime Reduction...................... n/a n/a n/a 20,000
NICS Initiative........................................... various 73,000
NICS Act Record Improvement Program..................... 2013 125,000 12,000 *
National Criminal History Improvement Program........... 2013 62,500 6,000 *
DNA Initiative
Debbie Smith DNA Backlog Grants......................... 2014 151,000 117,000 117,000
Post-Conviction DNA Testing Grants...................... 2009 5,000 5,000 4,000
Sexual Assault Forensic Exam Program Grants............. 2014 30,000 4,000 4,000
Prison Rape Prevention and Prosecution.................... 2010 40,000 15,000 12,000
Comprehensive School Safety Initiative.................... n/a n/a n/a 75,000
Opioid initiative......................................... various 103,000
Drug Courts............................................. 2008 70,000 15,200 (42,000)
Veterans Treatment Courts............................... n/a n/a n/a (7,000)
Residential Substance Abuse Treatment................... 2000 72,000 61,677 (12,000)
Prescription Drug Monitoring............................ n/a n/a n/a (14,000)
Mentally Ill Offender Act............................... 2014 50,000 9,000 (12,000)
Comprehensive Opioid Abuse Reduction Act of 2016........ n/a n/a n/a (16,000)
Juvenile Justice Programs
Youth Mentoring Grants.................................... 2007 such sums 90,000
Victims of Child Abuse Programs........................... 2005 8,481 11,000 20,000
Missing and Exploited Children Programs................... various 72,250
AMBER Alert grants...................................... 2004 * * *
Community Oriented Policing Services
Transfer to DEA for Methamphetamine Lab Cleanups.......... n/a n/a n/a 11,000
Community trust initiative................................ n/a n/a n/a 75,000
Body-worn Camera Partnership............................ n/a n/a n/a (22,500)
Justice Reinvestment Initiative......................... n/a n/a n/a (27,500)
Research and statistics on community trust.............. n/a n/a n/a (10,000)
Byrne Criminal Justice Innovation Program............... n/a n/a n/a (15,000)
Second Chance Act/Offender Reentry........................ 2010 55,000 100,000 68,000
Community Teams to Reduce the Sexual Assault Kit (SAK) n/a n/a n/a 45,000
Backlog..................................................
Tribal Assistance......................................... various 65,000
Tribal Courts........................................... 2004 such sums (8,000)
Alcohol and Substance Abuse............................. n/a n/a n/a
Indian Prison Grants.................................... 2000 (2,753) (5,000)
Training/TA Civil and Criminal Legal Assistance......... n/a n/a n/a
Regional information sharing activities................... 2003 100,000 29,000 35,000
Science:
National Aeronautics and Space Administration
Science..................................................... 2013 5,509,600 5,047,447 5,597,000
Aeronautics................................................. 2013 590,000 559,301 712,000
Space Technology............................................ 2013 515,000 629,950 739,200
Exploration................................................. 2013 5,264,000 3,814,041 4,183,000
Space Operations............................................ 2013 4,253,300 3,878,802 4,890,300
Education................................................... 2013 145,700 122,654 115,000
Safety, Security and Mission Services....................... 2013 3,276,800 2,770,012 2,835,400
Construction and Environmental Compliance and Remediation... 2013 366,900 667,236 398,000
Office of Inspector General................................. 2013 38,700 37,287 38,100
National Science Foundation
Research and Related Activities............................. 2013 6,637,849 5,870,974 6,079,430
Major Research Equipment and Facilities Construction........ 2013 236,764 192,488 87,120
Education and Human Resources............................... 2013 1,041,762 878,799 880,000
Agency Operations and Award Management...................... 2013 363,670 293,780 340,000
Office of the National Science Board........................ 2013 4,906 4,357 4,380
Office of Inspector General................................. 2013 15,049 13,933 15,200
Related Agencies:
Commission on Civil Rights
Salaries and Expenses....................................... 1995 9,500 8,904 9,200
International Trade Commission
Salaries and Expenses....................................... 2004 57,240 58,295 90,000
Legal Services Corporation
Payment to the Legal Services Corporation................... 1980 205,000 300,000 350,000
Marine Mammal Commission
Salaries and Expenses....................................... 1999 1,750 1,240 3,431
Office of the U.S. Trade Representative
Salaries and Expenses....................................... 2004 33,108 41,552 50,000
State Justice Institute
Salaries and Expenses....................................... 2008 7,000 3,760 5,121
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The recommendation does not provide a specific amount for this program.
The National Oceanic and Atmospheric Administration Authorization Act of 1992 (P.L. 102-567) provides authorizations for general categories of
activities, rather than specific programs. Since a program may cut across several authorizations, it is impossible to determine the exact amount of
unauthorized appropriations.
Authorization covers multiple lines in the NOAA control table.
This authorization provides for both procurement and operations activities, but does not provide a breakdown for each.
The authorization authorizes funding for the ``Administrative Review and Appeals'' account, which encompassed the activities of the Executive Office
for Immigration Review and the Office of Pardon Attorney. The recommendation seperates these into different accounts.
? Authorization does not provide amounts for specific accounts within this agency.
# This was formerly the ``General Administration, Detention Trustee'' account.
** The authorization for this program expired in FY2011. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
These programs have been combined into the Consolidated Youth-oriented Program.
The recommendation includes an overall amount for tribal assistance but does not specify amounts for each particular program.
The authorization for this program expired in FY2007. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority and outlays provided in the
bill with the appropriate allocations made under section 302(b)
of the Budget Act:
SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) allocation This bill
-----------------------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
General purpose discretionary........... 56,001 64,600 56,001 64,600*
Mandatory............................... 320 330 320 330*
----------------------------------------------------------------------------------------------------------------
* Includes outlays from prior-year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year outlay projections
associated with the budget authority provided in the
accompanying bill, as provided to the Committee by the
Congressional Budget Office:
[In millions of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2017................................................ 42,276*
2018................................................ 14,250
2019................................................ 3,951
2020................................................ 1,239
2021................................................ 3,700
------------------------------------------------------------------------
* Excludes outlays from prior-year budget authority.
Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments:
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget Authority Outlays
----------------------------------------------------------------------------------------------------------------
Financial assistance to State and local governments for 2017................ -6,130 83*
----------------------------------------------------------------------------------------------------------------
* Excludes outlays from prior-year budget authority.
Program Duplication
Pursuant to section 3(g) of H. Res. 5 (114th Congress), no
provision of this bill establishes or reauthorizes a program of
the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Directed Rule Making
Pursuant to section 3(i) of H. Res. 5 (114th Congress), the
bill does not direct any rule making.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
department and agency, comparing the amounts recommended in the
bill with fiscal year 2016 enacted amounts and budget estimates
presented for fiscal year 2017:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
We commend Chairman Rogers and Chairman Culberson for their
overall efforts in assembling the Fiscal Year (FY) 2017
Commerce, Justice, Science (CJS) bill and acknowledge they have
made a strong effort to fund a number of important public
investments at healthy funding levels.
However, a great many critical national needs receive far
less funding than necessary to ensure public safety, boost
economic development, deliver a cost-effective 2020 Census, and
much more. The bill also includes a number of very problematic
and highly objectionable riders that jeopardize the
appropriations process and the enactment of this bill.
The FY 2017 bill approved by the Committee provides net
budget authority of $56 billion, an increase of $279 million
above FY 2016. However, when comparing total new discretionary
budget authority between FY 2016 and the FY 2017 Committee
bill, it is a cut of $84 million below the comparable FY 2016
level and $441 million below the Administration's FY 2017
discretionary request.
Within this allocation, the bill provides increases to
federal law enforcement components, most federal science
efforts, and several other priorities such as trade
enforcement. However, a large number of critical public
investments simply do not receive adequate resources, with many
cut below current levels. In particular, the bill contains
damaging cuts to state and local law enforcement, advanced
manufacturing research, climate research, legal aid for those
in need, and more. As the process moves forward, we hope to
address these inadequacies while preserving the positive
aspects of this bill and to remove harmful riders. Given the
wide array of public needs that must be funded at workable
levels, our careful attention to all of these efforts is
absolutely crucial.
DEPARTMENT OF COMMERCE
With regard to Title I, we appreciate the strong funding
level for the Minority Business Development Agency, which will
continue to assist minority-owned enterprises as they work to
create jobs across the country. The Economic Development
Administration receives a modest increase, and the Patent and
Trademark Office (PTO) is once again given the authority to
spend its full fee collections estimate.
However, many important responsibilities within the
Department of Commerce are badly underfunded. While strong
funding is provided for trade enforcement activities of the
International Trade Administration, the agency's other export
expansion efforts are effectively reduced when adjusted for
inflation. The National Institute of Standards and Technology,
which advances U.S. technological innovation and industrial
competitiveness, is cut by $99 million and nearly $150 million
below the President's discretionary request. The huge cut to
the National Network for Manufacturing Innovation (NNMI) is
especially disappointing, as funding was not included to
continue the new open competition NNMI center. These extremely
successful, industry-supported innovation hubs are incubators
that focus on developing and bringing to market the next
generation of advanced manufacturing technologies, which will
create jobs and enhance American competitiveness.
The Bureau of Economic Analysis and the Census Bureau
enable policymakers and the general public to better understand
and predict changes in the American economy and the health of
American communities, which in turn informs good public policy.
Yet both agencies are underfunded in this bill.
The bill's funding level for the Census Bureau, though an
increase of $100 million, is more than $163 million below the
Administration's request and is inadequate to keep the Bureau's
research, testing, computer systems development and other
activities on track for 2020. These steps continue to be vital
to ensuring that the next decennial census will utilize
innovative and efficient methods, which could save taxpayers as
much as $5.2 billion. Preparation toward a modernized census,
including a complete end-to-end systems test, needs to be
sufficiently funded in FY 2017 to ensure these future cost
savings. The end-to-end systems test, which was missing from
preparations for both the 2010 Census and other government
information technology ventures that experienced cost overruns
as a result, is particularly critical.
We also support strong funding for the American Community
Survey (ACS), which is essential for high-quality data for
small population groups, including rural communities, veterans,
minorities, and individuals with limited English proficiency.
In particular, businesses and governments at all levels rely
upon ACS data every day to make decisions.
Within the National Oceanic and Atmospheric Administration
(NOAA), there are strong funding levels for a number of
efforts, including weather forecasting and procurement of near-
term weather satellites, and certain NOAA fisheries programs,
among others. However, we are greatly disappointed by damaging
cuts in other areas, including a cut of $25 million below FY
2016 to the National Ocean Service. A number of individual
programs important to the economic vitality of coastal and
Great Lakes areas are cut below FY 2016 levels, including
Coastal Zone Management Grants, Fisheries Habitat Conservation
and Restoration, and the National Estuarine Research Reserve
System.
Furthermore, we are greatly disappointed that the Committee
bill slashes funding for important climate science efforts of
NOAA and its external partners. The Committee provides $128
million for NOAA climate research, a cut of $30 million (19%)
below FY 2016 and $61.9 million (33%) below the
Administration's request. According to the third National
Climate Assessment, released in May 2014, the average
temperature in the U.S. increased by between 1.3 and 1.9
degrees Fahrenheit since recordkeeping began in 1895, with 80
percent of this increase occurring since 1970. The assessment
noted that impacts related to climate change are already
evident in many sectors and are expected to become increasingly
disruptive across the nation throughout this century. For
example, storm surge on top of the rise in sea level
exacerbates coastal flooding during hurricanes. Climate change
is also increasing the risks of respiratory stress from poor
air quality, heat stress, and the spread of foodborne,
insectborne, and waterborne diseases. These are just some
examples of what we face as a result of climate change. We must
fully fund NOAA's research in this area, which will greatly
improve our nation's ability to understand and predict climate
change and thus enhance our ability to plan and respond.
DEPARTMENT OF JUSTICE
For the Department of Justice (D0J), a total of $29.1
billion is provided, a decrease of $32.3 million below the
comparable FY 16 level and $716.8 million below the comparable
budget request.
We are encouraged that $457.2 million is provided for the
Executive Office for Immigration Review (EOIR), which is $34.9
million above FY 2016 and $29 million above the request. The
increase would allow EOIR to hire 25 additional judge teams and
improve infrastructure. Unfortunately, funding is not provided
for direct representation for minors or to expand the help desk
and Legal Orientation Program These efforts are essential to
both efficient operations of the courts and ensuring fair
outcomes for individuals in immigration proceedings.
Increases above the FY 2016 level for Federal law
enforcement and the Office of U.S. Attorneys will allow for
continued efforts to conduct investigations, protect national
security, and litigate civil and criminal cases. For Federal
Bureau of Investigation (FBI), Salaries and Expenses, $8.8
billion is provided, an increase of $279 million above FY 2016
and $50 million above the request. This funding will allow the
FBI to hire additional examiners to conduct firearms background
checks.
We are pleased that the bill provides $73 million for
grants to improve the submission of records to the National
Instant Criminal Background Check System, an increase of $18
million above the request and the same as the FY 2016 level.
Furthermore, the bill provides $75 million for the
Comprehensive School Safety Initiative, the same level of
funding as proposed in the President's budget and provided last
year. This funding will continue to support research and to
help schools implement evidence-based approaches to improving
school safety.
For the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF), the bill provides $1.26 billion, an increase of $17.8
million above FY 2016, though $48.3 million below the request.
While this amount covers inflationary expenses, it does not
fund the President's request for 80 additional ATF special
agents and 120 additional Industry Operations Investigators.
These initiatives, which were part of the President's executive
actions to combat gun violence, are designed to reduce gun
violence by broadening agent enforcement efforts and by
enhancing inspection coverage of the steadily increasing number
of firearms licensees.
We are pleased that many important grant programs are
protected through level funding or increases, including the
State Criminal Alien Assistance Program, Crime Victims Fund
programs, the Byrne-JAG formula grant program, the Justice
Reinvestment Initiative, the Youth Mentoring program, the
Community Trust Initiative, the Drug Court program, the DNA
Initiative, and the Office on Violence Against Women grant
programs. The inclusion of $45 million for Community Teams to
Reduce the Sexual Assault Kit Backlog as well as $45 million
for Victims of Trafficking Grants is especially noteworthy.
However, we are concerned with the competition between victims'
services and task forces and would prefer a more balanced
approach. In addition, moving the Victims of Trafficking Grants
program into the Violence Against Women program area creates
the illusion of an increase above the Administration's request.
We oppose a cut to the wrongful conviction review grant
program, and we would like additional resources for this
program as the process moves forward.
Finally, while we are pleased with the inclusion of tribal
grant funding, we would have preferred the Administration's
proposal for a set-aside.
Moreover, the bill cuts overall state and local grant
programs at DOJ by a massive $182 million below the comparable
FY 2016 enacted level and $57.5 million below the President's
request.
Several important grant programs are eliminated entirely,
including Coverdell Forensic Science grants, the Children
Exposed to Violence Initiative, and the John R. Justice grant
program.
Juvenile Justice programs overall are decimated, with a cut
of $85.9 million below FY 2016 and $150.2 million below the
request. This includes the elimination of the Community-Based
Violence Initiative, the National Forum on Youth Violence, Part
B formula grants, the Local Delinquency Prevention Incentive
grant program, the Children of Incarcerated Parents program,
Tribal Youth program, and a program targeting girls in the
justice system. These eliminations would have severe
consequences for at-risk and disadvantaged youth as well as
those who depend on these resources to improve outcomes for
these young people.
The most egregious of these cuts is the elimination of the
Community Oriented Policing Services (COPS) hiring program.
This important public safety program is cut by $186 million
below FY 2016 and $229 million below the request. Had it been
funded at the request, this program would have provided for the
hiring of over 1,200 new law enforcement professionals. Overall
funding for the COPS account creates yet another misleading
illusion; of the $299 million, $258 million is for programs not
administered by the COPS office. Programs funded or requested
in other accounts were moved into the COPS account to create
the appearance of increased funding While Byrne-JAG funding can
be used for hiring, that is only one of many allowable uses;
the program is not intended to target the hiring of new
officers.
We are disappointed that many of the Administration's
proposed new grant programs were not funded in the bill. These
initiatives would seek to improve equal access to justice and
support better police-community relations, among other
activities. Moving forward, funding for these and other
important programs should be included in the final FY 2017 CJS
Appropriations Act.
SCIENCE
The Committee is to be commended for making National
Science Foundation (NSF) grant funding a priority. The NSF
Research and Related Activities account receives $6.08 billion,
$46 million above FY 2016 and the same as the request. NSF
overall receives $7.4 billion, $57 million below FY 2016 and
$158 million below the request. NSF funds research in new
frontiers of scientific inquiry and helps create a highly
skilled, globally-competitive workforce in science and
engineering. The U.S. must maintain its leadership position in
scientific research and education, and NSF is critical to this
endeavor. We appreciate the lack of language specifying
directorate-level funding. As the process moves forward, we
intend to work to increase NSF funding in the final FY 2017 CJS
bill, especially for research grants.
The bill provides a healthy overall total of $19.5 billion
for the National Aeronautics and Space Administration (NASA),
$223 million above FY 2016. The $712 million for the
Aeronautics account, $72 million above the FY 2016 level, would
allow NASA to support much of the research needed to develop
the next generation of aircraft to remain competitive in an
increasingly flight-dependent world. This includes developing
low boom supersonic jets, solar electric aircraft, and highly
fuel-efficient aircraft. The Science Mission Directorate as a
whole receives very strong funding, and we are pleased that the
Stratospheric Observatory for Infrared Astronomy receives both
$85.2 million and Committee support against actions leading to
a premature shutdown. However, we are greatly concerned about
the huge cut to Earth Science, which is slashed by $231 million
below FY 2016 and by $342.2 million below the request. Research
in Earth Science ultimately helps to protect lives, businesses,
and infrastructure.
NASA Space Technology receives a healthy $739.2 million,
but the set-asides included in report language will limit
NASA's ability to execute the technology development efforts as
specified in NASA's budget request. We are pleased to see
language supporting commercial, academic, and international
partnerships to study lunar geology and in-situ water resources
on the moon.
Regarding the White House Office of Science and Technology
Policy, we appreciate the inclusion of report language on the
subject of Science, Technology, Engineering, and Mathematics
(STEM) Education. With the ultimate goal to make the many
excellent STEM programs and materials funded by federal dollars
more accessible to each and every student, teacher, school, and
state, we are pleased to have language directing a report
covering the costs and logistics of creating a unified online
portal for all Federal STEM education-related programs and
materials.
RELATED AGENCIES
The Office of the U.S. Trade Representative (USTR) receives
$65 million, a strong increase of $10.5 million above FY 2016,
targeted at trade enforcement efforts.
However, the Legal Services Corporation (LSC) is
irresponsibly cut by $35 million below the FY 2016 level of
$385 million, when it should have received an increase. The
final FY 2016 CJS Act provided a $10 million increase above FY
2015. The President recognized the need for additional funding
by recommending $425 million for FY 2017 for the LSC. The
harmful cut in the Committee bill must be reversed.
IRRESPONSIBLE GUN RIDERS
We continued to be extremely troubled by the inclusion of
gun-related riders, including one that would effectively
prevent the enforcement of an existing requirement that Federal
firearms licensees (FFLs) in four southwest border states
report to the National Tracing Center on the sale of certain
kinds of semi-automatic rifles favored by Mexican drug cartels.
This reporting requirement is narrow and targeted, applying
only to the four border states (Texas, Arizona, New Mexico and
California), and only when a dealer sells two or more
qualifying long guns to a single individual within five
business days. Qualifying guns are rifles that (1) are semi-
automatic; (2) are greater than .22 caliber; and (3) can hold a
detachable magazine. It does not apply to shotguns or the vast
majority of rifles regularly used for hunting or sporting
purposes.
This reporting requirement is identical to one that has
existed for decades for handguns, and in no way does it hinder
the ability of any law-abiding person to purchase as many
rifles as he or she desires. It is not an undue burden on FFLs,
with the time to complete a multiple sales form estimated at 12
minutes and an estimated annual cost in employee time of only
$16.
This very limited reporting requirement has proven to be an
important tool for Federal law enforcement in the effort to
uncover illegal trafficking operations intended to supply semi-
automatic weapons to violent drug gangs across the border.
According to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF), these multiple sales reports have thus far
led to more than 300 defendants recommended for prosecution,
including both alleged straw purchasers and others farther up
the firearms trafficking chain. Also according to ATF, the
reporting requirement is forcing firearms traffickers to change
tactics, making straw purchases more difficult and serving as a
deterrent for many people who might have engaged in straw
purchasing in the past.
This is not about restricting gun ownership or compiling a
registry of long gun owners. Information that does not become
part of a trafficking investigation is purged from ATF records
within two years. This is a law enforcement response to the
evidence from successful tracings of weapons recovered in
Mexico. These tracings show that a large number of these
weapons were initially sold by licensed gun dealers in
California, Arizona, New Mexico, or Texas.
In 2013, a unanimous panel of the U.S. Court of Appeals for
the Fifth Circuit affirmed an earlier court finding that
Federal law ``unambiguously authorizes''' this reporting
requirement. This Committee simply has no business in tying the
hands of law enforcement agencies as they attempt to carry out
Federal law.
OTHER PROBLEMATIC RIDERS
We are also concerned about other inappropriate riders that
do not belong in this bill, including ones that would undermine
the Endangered Species Act with respect to certain endangered
fish in California, as well as a rider that would block the
transition of certain Internet domain name system functions to
a multi-stakeholder process, even though this transition has
been supported in principle by every Presidential
administration since 1998.
The bill also contains two riders that restrict U.S. policy
on Cuba. The first appears to effectively target certain
categories of U.S. exports authorized by the Obama
Administration as part of its policy shift on Cuba. The
provision would restrict or even prevent exports that would
otherwise go toward improving the lives of ordinary Cubans
working in the private sector. The second rider places
restrictions on PTO's ability to issue trademarks to Cuban
nationals, even in cases in which a specific license from the
Treasury Department's Office of Foreign Assets Control has been
issued. The provision would additionally create significant
administrative burden on PTO.
We are troubled that a provision was included which would
prohibit the Department of Justice from funding an activity to
combat financial fraud called ``Operation Choke Point.'' The
investigation targeted financial fraud by investigating and
prosecuting financial services providers that processed
fraudulent transactions.
We are disappointed that a provision was included
prohibiting DOJ from negotiating or concluding civil
settlements that require the defendant to make a payment to an
organization or individual that is not a party to the lawsuit.
This has potential impact on a wide variety of civil
settlements, including environmental and mortgage fraud cases,
among others.
COMMITTEE AMENDMENTS
We are pleased that the amendment to provide a dedicated
funding level of 5% from the Crime Victims Fund for tribal
purposes was adopted. The Federal Government has provided
significant support to crime victim services programs across
the country However, as is too often the case, Indian Country
has largely been left out of this effort. Crime victims on
tribal lands still struggle to access even the most basic
services. This amendment begins to remedy this inequity by
directing funding from the Crime Victims Fund to tribal
governments.
We are disappointed that the Committee did not adopt the
Lowey amendment to allow the Department of Justice to block the
sales of firearms to persons known or suspected to be engaged
in conduct related to terrorism. Currently, Federal law
prohibits nine categories of dangerous people from purchasing
or owning firearms. However, Federal law does not allow the
Attorney General the discretion to block a firearms purchase to
an individual on a terror watch list. There have been
consequences. On November 5, 2009, 13 people were shot and
killed and 30 others wounded by Nidal Hasan, who was able to
pass a background check and buy a handgun even though he was
under investigation by the FBI for links to terrorism. We
believe that allowing the Attorney General the discretion to
block these purchases is a commonsense approach that should be
widely supported.
A disappointing amendment was adopted prohibiting the Equal
Employment Opportunity Commission from moving forward with a
policy change aimed at collecting additional pay information
from employers. This data, combined with other information
available to the agency, would be used in conducting
investigations. This data will help fill a significant void in
the information we need to ensure that American workers are
paid fairly for their hard work, and it would help employers
evaluate their own pay practices so they can prevent pay
discrimination in their workplaces.
We are troubled by the adoption of an amendment on state
sovereignty. The amendment offered by the Chairman to his own
mark is ambiguous and unclear. We are uncertain as to what, if
any, effect the provision would have. It is possible that the
amendment could provide a new cause of action or remedy for
states--although it is far from clear what for and against
whom. It is likely that time-consuming and costly litigation
over the meaning of this provision will ensue.
CONCLUSION
In spite of all our concerns, we would like to reiterate
our appreciation for Chairman Culberson's work with us on a
number of issues. Within the constraints facing the bill, it
does fund a number of the interests we have expressed. However,
the shortcomings in this and other appropriations bills are
many and very real. It is our firm hope that we can work
together to find a path forward that will allow all of the FY
2017 Appropriations bills to be sufficiently funded without
damaging riders. We look forward to working with the Chairman
and the Members of this Committee to advance the process.
Nita M. Lowey.
Michael M. Honda.