[House Report 116-101]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-101
======================================================================
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL,
2020
_______
June 3, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Serrano, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3055]
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, 2020, and for
other purposes.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Title I--Department of Commerce............................ 2
7
Title II--Department of Justice............................ 24
43
Title III--Science......................................... 70
82
Office of Science and Technology Policy............ 70
82
National Space Council............................. 71
82
National Aeronautics and Space Administration...... 71
83
National Science Foundation........................ 79
95
Title IV--Related Agencies................................. 83
101
Commission on Civil Rights......................... 83
101
Equal Employment Opportunity Commission............ 84
101
International Trade Commission..................... 85
102
Legal Services Corporation......................... 85
102
Marine Mammal Commission........................... 87
103
Office of the United States Trade Representative... 87
103
State Justice Institute............................ 88
104
Title V--General Provisions................................ 88
104
House of Representatives Reporting Requirements....
107
Minority Views.....................................
153
Highlights of the Bill
The Commerce, Justice, Science, and Related Agencies
Subcommittee has jurisdiction over a diverse group of agencies
responsible for promoting economic development; researching
climate change and mitigating its impacts; combating violent
crime, cybercrime, financial fraud, terrorism, espionage, and
drug trafficking; addressing gun violence; promoting criminal
justice reform; ensuring access to justice; enforcing trade
laws; conducting periodic censuses; forecasting the weather;
managing fisheries; exploring space; and advancing science. The
activities of these agencies impact every American and are
integral to the operations of our government.
The bill provides a total of $73,895,000,000 in
discretionary budget authority for fiscal year 2020. Within the
level of funds provided, the bill prioritizes funding for the
Constitutionally-required 2020 Decennial Census as well as for
numerous other important public investments.
The bill provides a solid down payment toward the nation's
infrastructure improvement needs by investing $540 million in
the Economic Development Administration (EDA), an increase of
$236 million above fiscal year 2019, including strong increases
for EDA's Public Works program and other EDA programs. These
funds provide the foundation for future growth in jobs and our
standard of living.
The bill helps expand economic growth in other ways. The
recommendation includes a funding increase of ten percent for
the Manufacturing Extension Partnership program, which helps
small- and medium-sized U.S. manufacturers create jobs and
expand business growth opportunities. A solid 7.1 percent
increase in funding is provided for the International Trade
Administration, to create jobs by expanding U.S. exports and
fighting the unfair trade practices of other countries. A ten
percent increase is provided for the Minority Business
Development Agency, which helps create jobs and expand business
growth opportunities among minority-owned U.S. companies.
Furthermore, the full budget request of $3,450,681,000 is
provided for the U.S. Patent and Trademark Office (PTO), to
enable PTO to promote innovation in the United States by
protecting our Nation's intellectual property rights both at
home and abroad.
The bill also ensures responsible investments in the future
of our Nation's economy and workforce by providing strong
increases for science, technology, engineering, and mathematics
(STEM) education at the National Aeronautics and Space
Administration (NASA) and the National Science Foundation
(NSF), and funding to initiate EDA's newly-authorized STEM
Apprenticeship Pilot Program to create and expand STEM
apprenticeships and other workforce training models.
The bill prioritizes the Decennial Census by providing a
strong funding increase to enable the Census Bureau to conduct
a thorough and accurate 2020 Census that counts all persons, as
required by the Constitution. Funding is included to enable
responsible project management and strong cybersecurity
protection for all aspects of the 2020 Census, as the Bureau
mounts its largest-ever deployment of information technology
resources throughout the country. The funding will also enable
the Bureau to conduct a strong partnership and communications
campaign to help maximize the number of persons filling out
their census forms and minimize the need for costly follow-up
activity by Census enumerators.
The bill provides strong and responsible funding increases
for critical efforts to better understand, and prepare for, the
Earth's changing climate. Significant funding increases are
provided for NASA Earth Science activities as well as for
climate research activities of the National Oceanic and
Atmospheric Administration (NOAA). Both areas have been
targeted by the Administration for large funding cuts. The
recommendation also doubles funding for NOAA's Title IX
National Oceans and Coastal Security Fund, from $30 million in
fiscal year 2019 to $60 million in this bill. This competitive
grant program funds natural infrastructure solutions to help
protect coastal areas threatened by rising sea level and other
impacts of climate change. The recommendation also includes
solid funding increases for NOAA's Coastal Zone Management
grant program, and to enhance the National Weather Service's
ability to accurately forecast extreme weather events.
The bill provides substantial resources to address the
opioid epidemic. To assist State and local governments, the
bill provides $501,000,000, an increase of $33,000,000 over
fiscal year 2019, for grants authorized by the Comprehensive
Addiction and Recovery Act and other opioid-related activities.
For Federal law enforcement, the bill provides strong increases
for U.S. Attorneys, the Federal Bureau of Investigation (FBI),
and other Federal law enforcement entities, including increases
for the Drug Enforcement Administration and for Interagency
Crime and Drug Enforcement to enhance Federal law enforcement's
ability to investigate and prosecute traffickers in opioids and
other dangerous drugs.
The bill provides strong increases for State and local law
enforcement assistance. For programs funded under the Violence
Against Women Act, the bill provides $582,500,000, an increase
of $85,000,000 above fiscal year 2019. For school safety, the
bill provides $125,000,000, an increase of $25,000,000 over the
current year, to fund the STOP School Violence Act of 2018. In
addition, the bill increases funding for other activities that
will address school violence such as active shooter training
for police, youth mentoring, and violent crime and gang
reduction programs. The bill also fully funds the FBI's
National Instant Criminal Background Check System (NICS) and
provides an increase for grants to help States improve their
submissions into the NICS system.
The bill affirms a strong commitment to the civil rights of
all Americans by providing strong increases for the Civil
Rights Division of the Department of Justice as well as for the
Equal Employment Opportunity Commission. Funding is also
included in support of the Emmett Till Unsolved Civil Rights
Crimes Reauthorization Act of 2016 (Public Law 114-325) to
investigate and prosecute previously unresolved civil rights
era ``cold case'' murders suspected of having been racially
motivated, through a partnership among the Criminal Section of
the Civil Rights Division, the Civil Rights Unit of the FBI,
the Community Relations Service, State and local law
enforcement officials, and other eligible entities.
The recommendation makes a strong commitment to ensuring
access to justice for all Americans by providing $550,000,000
for the Legal Services Corporation, an increase of $135,000,000
above fiscal year 2019.
The recommendation includes $75,000,000, as authorized
under the First Step Act of 2018, to expand and develop
opportunities for incarcerated individuals to participate in
evidence-based, recidivism-reducing programming and productive
activities.
For NASA, the bill includes $22,315,000,000, which is an
increase of $815,000,000 above fiscal year 2019, including
strong funding levels for NASA's science, human exploration,
space technology, aeronautics research, and STEM Education
programs, many of which were targeted for reduction or
elimination in the Administration's budget request.
The recommendation makes other strong investments in
science as well, providing $8,636,141,000 for the National
Science Foundation, an increase of more than $560,000,000 above
fiscal year 2019, and $751,000,000 for scientific and technical
research and services of the National Institute of Standards
and Technology, an increase of $26.5 million above fiscal year
2019.
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 a portion of funds for Department
of Commerce, Departmental Management until a Census
Bureau information technology investment plan is
updated and submitted.
Caps total life-cycle costs for programs
that have a record of poor performance.
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.
Prohibits the Executive Office for
Immigration Review from using case completion quotas in
immigration judge performance evaluations.
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 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.
Prohibits funds from being used to purchase
first class and premium airline travel.
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.
Performance Measures.--The Committee directs each of the
agencies funded by this Act to comply with title 31 of the
United States Code, including the development of their
organizational priority goals and outcomes such as performance
outcome measures, output measures, efficiency measures, and
customer service measures. The Committee directs all agencies
funded by this Act to report on their implementation plans for
these measures within 60 days of enactment of this Act.
Customer Service.--The Committee continues to support
efforts to improve customer service in accordance with
Executive Order 13571--Streamlining Service Delivery and
Improving Customer Service. The Committee directs all agencies
funded by this Act to develop standards to improve customer
service and incorporate the standards into the performance
plans required under 31 U.S.C. 1115. The Committee directs all
agencies funded by this Act to report on their implementation
plans regarding this subject no later than 60 days after
enactment of this Act.
Federal Advertising.--The Committee understands that, as
the largest advertiser in the United States, the Federal
Government should work to ensure fair access to its advertising
contracts for small disadvantaged businesses and businesses
owned by minorities and women. The Committee directs each of
the agencies funded by this Act to include the following
information in its fiscal year 2021 budget justification:
Expenditures for fiscal year 2019 and expected expenditures for
fiscal years 2020 and 2021, respectively, for (1) all contracts
for advertising services; and (2) contracts for the advertising
services of all Small Business Administration-recognized
socioeconomic subcategory-certified small businesses, as
defined in the Small Business Act, and minority-owned
businesses.
Services for Persons with Limited English Proficiency.--The
Committee notes the importance of ensuring access to Federal
services and programs for all persons with limited English
proficiency. Therefore, the Committee directs agencies and
programs funded in this Act to comply fully with the
requirements of Executive Order 13166, ``Improving Access to
Services for Persons with Limited English Proficiency,'' and on
an ongoing basis, review and improve their efforts to provide
meaningful access to the programs, services, and information
they provide.
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 enough
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 2020, and non-
appropriated resources such as fee collections that are used to
meet program requirements in fiscal year 2020. 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
more than $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 $530,000,000 in total resources
for the programs of the International Trade Administration
(ITA), which is $35,000,000 above fiscal year 2019 and
$58,904,000 above the request. This amount is offset by
$11,000,000 in estimated fee collections, resulting in a direct
appropriation of $519,000,000, which is broken out in
additional detail below. The recommendation fully supports the
staffing requirements requested to help ITA provide critical
expertise in both trade promotion and facilitation as well as
enforcement. The Committee rejects the proposed $3,000,000
rescission from ITA's unobligated balances.
Industry and Analysis.--The recommendation provides
$62,571,000 for Industry and Analysis, which is $10,020,000
above fiscal year 2019. The recommendation includes $3,000,000
for the Survey of International Air Travelers (SIAT).
Enforcement and Compliance.--The recommendation funds
Enforcement and Compliance at $94,844,000, which is $6,344,000
above fiscal year 2019 and $1,000,000 above the requested
amount to support an increase to ITA's proposed Anti-
Circumvention and Evasion Unit above the request. Duty
circumvention and evasion schemes used by some foreign
exporters and U.S. importers directly harm the U.S.
manufacturing, agricultural, and aquaculture sectors. U.S.
Customs and Border Protection (CBP) reports there are
approximately 54,704 unpaid anti-dumping and countervailing
duty (AD/CVD) bills covering the period from fiscal year 2011
through 2016, totaling $2.8 billion in uncollected duties. As
this new unit is established, the Committee directs ITA to work
with its partner agencies that share a vested interest in
combatting trade fraud and evasion to supplement its staffing
needs. ITA is directed to provide quarterly briefings on its
ongoing enforcement efforts to the Committee, specifically on
AD/CVD casework.
Global Markets.--The recommendation provides $338,635,000
for Global Markets, $60,653,000 above the request and rejects
the Administration's proposal to reduce export promotion and
trade analysis efforts. The Committee looks forward to
receiving the report on the U.S. and Foreign Commercial Service
as directed in the explanatory statement accompanying Public
Law 116-6. The Committee directs ITA to continue this report
for fiscal year 2020 and include additional analysis on the
location of, and services provided by, the U.S. Export
Assistance Centers in relation to the location of small- and
medium-sized enterprises that are exporters or potential
exporters of products or services. The updated report shall
identify those centers that serve disproportionately large
numbers of small- and medium-sized enterprises. The Committee
expects this report no later than 90 days after enactment of
this Act.
Executive Direction and Administration.--The recommendation
provides $22,950,000 for Executive Direction and
Administration.
Human Rights Violations.--The Committee is concerned with
violence and threats shown towards human rights activists
around the world, and notes some of this has occurred in
nations with which the United States has trade agreements with
enforceable protections. The Committee encourages the ITA to
more actively engage with trade partner nations to end these
human rights violations.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The Committee recommends $127,652,000 for the Bureau of
Industry and Security (BIS) as requested and $9,602,000 above
fiscal year 2019. Within the amount provided $6,244,000 is for
Management and Policy Coordination; $69,126,000 is for Export
Administration; and, $52,282,000 is for Export Enforcement,
including the full requested amount for the Office of
Antiboycott Compliance.
The funds provided directly support BIS' staffing needs in
Export Administration to support an increased caseload
following the passage of the Foreign Investment Risk Review
Modernization Act (FIRRMA) in 2018, which expanded the purview
of the Committee on Foreign Investment in the United States
(CFIUS) and potentially quadruples the workload as compared to
fiscal year 2019. Funding will also enable BIS to undertake
increased responsibilities following the passage of the Export
Control Reform Act of 2018 (ECRA) and fulfill its role in the
identification and control of emerging and foundational
technologies.
The Committee has heard concerns about how exclusions under
section 232 of the Trade Expansion Act of 1962 have been
implemented. The Committee directs the Department to report to
the Committee within 60 days of enactment of this Act on the
status of imports under the quota exclusions. Further, the
Committee directs the Department to continue its quarterly
reporting on the Section 232 exclusion process as described in
the joint explanatory statement accompanying Public Law 116-6.
Economic Development Administration
The Committee rejects the proposal to terminate the
Economic Development Administration (EDA) and instead
recommends $540,000,000 for the programs and administrative
expenses of the EDA.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee provides $498,350,000 for the Economic
Development Assistance Programs account for grants to
economically distressed areas. The Committee notes with deep
concern the increasing levels of inequality in the Nation and
sees EDA as a critical tool in ensuring a good job with a
living wage for all Americans no matter where they live. As
such, the Committee expects EDA to work more closely with
communities that are underserved, be they in rural areas,
impoverished neighborhoods of the biggest cities, or the
forgotten corners of the Nation's territories. The Committee is
particularly focused on communities that are experiencing
economic transitions, including, but not limited to,
communities impacted by the decline of the coal and nuclear
industries as well as the shrinking manufacturing sector. The
Committee also appreciates EDA's diligence in delivering
economic assistance to areas of the Nation that have been
impacted by recent disasters and urges continued focused
attention on providing this aid.
Funds are to be distributed as follows; any deviation of
funds shall be subject to the procedures set forth in section
505 of this Act:
Public Works.......................................... $250,000,000
Partnership Planning.................................. $35,000,000
Technical Assistance.................................. $12,750,000
Research and Evaluation............................... $1,600,000
Trade Adjustment Assistance........................... $15,000,000
Economic Adjustment Assistance........................ $97,000,000
Assistance to Coal Communities........................ $35,000,000
Regional Innovation Program........................... $30,000,000
Assistance to Nuclear Closure Communities............. $17,000,000
STEM Apprenticeship Pilot Program..................... $5,000,000
-----------------
Total............................................. $498,350,000
Assistance to Coal Communities.--The recommendation
includes $35,000,000 for Assistance to Coal Communities, which
represents an increase of $5,000,000 above the amount provided
in fiscal year 2019. The Committee continues to be concerned
about the impact of the downturn in the coal industry and
directs EDA to continue implementing this program consistent
with direction provided in fiscal year 2019. EDA shall continue
to report to the Committee on its efforts to assist coal
communities. The report shall include detailed information on
how EDA and other Federal agencies have assisted coal
communities to date and how the Federal Government plans to
assist them in the future.
The Committee further recognizes that abandoned coal-fired
plants in coal communities must transition to new uses to
return the sites to beneficial use. These plants often sit at
key infrastructure choke points and could serve a variety of
purposes to reinvigorate communities struggling to reinvent
these industrial assets. The Committee therefore encourages EDA
to prioritize projects to repurpose abandoned coal-fired
plants.
Public Works.--The Committee provides $250,000,000 for
Public Works, which is $132,500,000 above the fiscal year 2019
level. The Committee encourages EDA to prioritize projects that
are resilient to the changing climate as well as those that
incorporate green infrastructure solutions.
Regional Innovation Program.--The Committee encourages EDA
to support the development of regional innovation clusters that
focus on advanced wood products, which are a growing source of
jobs in rural America and contribute to rural economic
development. An initiative that successfully increased demand
for wood products would also address several key land
management priorities, including reducing forest treatment
costs and wildfire risks. The Committee also urges EDA to
invest in university based, high tech business incubators to
encourage entrepreneurship and promote technology
commercialization through business startups. Furthermore, this
activity should support private-public partnerships for
economic growth and job creation in areas of high unemployment.
Nuclear Power Plant Closures.--The Committee notes that
closures of nuclear power plants throughout the United States
have had a significant impact on the economic foundations of
surrounding communities through sudden job losses and a
dramatic reduction to the local tax base. Additional plant
closures are expected throughout the country in the coming
years. The Committee appreciates the work EDA has undertaken to
assist such communities in prior years and provides $17,000,000
for competitive economic adjustment assistance to expand these
efforts, which shall include, but not be limited to, public
works investments and economic diversification initiatives in
communities impacted by recent or scheduled nuclear power plant
closures. The Committee directs the Department to report to the
Committee no later than 90 days after enactment of this Act on
the status of these efforts.
STEM Apprenticeship Pilot Program.--The Committee notes
that over the past decade, the growth in the number of jobs
requiring sophisticated science, technology, engineering, and
math (STEM) skills was three times faster than growth in non-
STEM jobs. Yet, U.S. employers have struggled to fill jobs in
these fields. Because more than 50 percent of jobs that require
STEM skills do not require a bachelor's degree, nontraditional
higher education, such as apprenticeships, will be instrumental
in meeting the urgent demand for a STEM-literate workforce.
Therefore, the Committee provides $5,000,000 to establish a
STEM Apprenticeship Pilot Program to provide grants to create
and expand STEM apprenticeship and other workforce training
models, as directed in section 312 of the American Innovation
and Competitiveness Act (Public Law 114-329). The Committee
further directs EDA to provide an implementation plan to the
Committee which details the proposed launch of this pilot
program within 90 days of enactment of this Act and prior to
effectuating this plan.
Persistent Poverty.--The Committee is concerned that
pockets of high poverty in urban areas are often overlooked by
the Federal Government because, in the aggregate, their need is
often masked by their affluent neighbors. For purposes of this
Act, the term ``high-poverty area'' means any census tract with
a poverty rate of at least 20 percent as measured by the 2013-
2017 5-year data series available from the American Community
Survey of the Census Bureau and the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates. When scoring
competitive grant applications, EDA is directed to add
additional priority, where practicable, to applications from
grantees who can demonstrate that the individuals who will
benefit from such grants reside in high-poverty areas or
persistent poverty counties. In addition, EDA shall provide
guidance to such prospective grantees, especially prior to
their application submissions, including to help determine
whether they qualify for additional priority. The Committee
further directs the Department to submit a report to the
Committee on the percentage of funds allocated by each program
in fiscal years 2017, 2018, and 2019 and estimates for fiscal
year 2020 to serve populations living in persistent poverty
counties and high-poverty areas. The Department shall report
this information to the Committee within 90 days of such data
being available and provide a briefing to the Committee not
later than 180 days after the enactment of this Act on how the
Department is carrying out this directive.
SALARIES AND EXPENSES
The recommendation includes $41,650,000 for EDA salaries
and expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The recommendation includes $44,000,000 for the Minority
Business Development Agency (MBDA), an increase of $4,000,000
over fiscal year 2019. MBDA is the only Federal agency
dedicated to promoting the growth of minority-owned firms and
assists small, medium, and large minority business enterprises
to expand business opportunities and create jobs. MBDA is
directed to allocate most of its total appropriation, including
most of its increase above fiscal year 2019, toward cooperative
agreements, external awards, and grants, including not less
than $11,500,000 to continue MBDA's traditional Business Center
program and Specialty Project Center program. Within the
increased funds, the Committee encourages MBDA to expand the
number of Business Centers, with priority given to States
according to their relative percentage of minority residents.
Further, within the overall amount provided, the recommendation
includes funding for MBDA to continue to carry out the duties
assigned in the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 (Public Law 106-464).
Economic and Statistical Analysis
SALARIES AND EXPENSES
The Committee recommends the requested amount of
$107,990,000 for the Economics and Statistics Administration,
$6,990,000 above fiscal year 2019. The recommendation
consolidates the industry economic account within the national
economic account to support the Bureau of Economic Analysis'
(BEA) effort to harmonize the national, State, and industry
release of Gross Domestic Product (GDP) data. Further, the
Committee directs BEA to report to the Committee, no later than
45 days after enactment of this Act, on the status of BEA's
efforts to develop and begin reporting on income growth
indicators by 2020, as referenced in the explanatory statement
accompanying Public Law 116-6.
The Committee applauds BEA's analysis of the impact of
outdoor recreation on the U.S. economy and continues funding at
no less than the amount spent in fiscal year 2019 for the
Outdoor Recreation Satellite Account (ORSA) and directs the
Department to continue working with the outdoor recreation
industry, nongovernmental organizations, and other interested
stakeholders to refine the national-level statistics and
develop regional statistics. Additional guidance related to the
ORSA is provided under Departmental Management.
Bureau of the Census
The Committee recommends a total of $8,450,000,000 for the
Bureau of the Census, which is $4,628,612,000 above fiscal year
2019 and $2,300,595,000 above the request. The decennial census
provides Congress with important information about our nation's
growth and changes over the previous decade, and there is only
one opportunity to make sure it is done right and that all are
equally counted and represented. The recommendation allows the
Census Bureau to carry out its constitutional mandate without
the added concern of not having the resources it needs during
its peak operational year due to the Administration's wholly
inadequate budget request.
Puerto Rico and U.S. territories.--The Committee directs
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. The Committee looks forward to
receiving the Bureau's analysis of the feasibility of including
Puerto Rico in additional Census surveys and within Bureau of
Justice Statistics data products as directed in House Report
115-704 and recommends the Bureau include cost estimates as
part of this study.
Lesbian, Gay, Bisexual, and Transgender Population Data
Collection.--The Committee applauds the Census Bureau for
taking an important step by including the marital status of
same-sex couples as part of the 2020 Decennial Census. The
Committee recognizes that the Census Bureau began collecting
this information in 2013 in the American Community Survey.
However, the fact remains that little else is known about the
social and economic circumstances of the lesbian, gay,
bisexual, and transgender (LGBT) population at large. The
Committee believes this information would be useful to
policymakers and researchers alike and therefore directs the
Census Bureau, within the amounts provided, to study the
feasibility of expanding data collection on the LGBT population
in its future Federal population surveys and to report to the
Committee no later than 180 days after enactment of this Act on
its revised data collection plans.
Language Assistance.--The Committee remains 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. The
Committee directs Census to provide an updated report within 60
days of the enactment of this Act, 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 directed to communicate this
information on a regular basis to Census Telephone Centers and
regional offices to address emerging needs.
CURRENT SURVEYS AND PROGRAMS
The Committee recommends $275,000,000 for Current Surveys
and Programs, which is $5,000,000 above fiscal year 2019 and
$10,995,000 above the request.
Current Economic Statistics.--The recommendation provides
the requested level of $185,283,000 to support Census programs
that provide critical data to both public and private
stakeholders about the structure and function of the U.S.
economy in areas of business, construction, manufacturing, and
general economic statistics including e-commerce that
ultimately lead to a more precise measure of the Nation's Gross
Domestic Product (GDP).
Current Demographic Statistics.--The recommendation
provides $89,717,000 for these programs that local governments
rely on to monitor social and economic changes within the
population to aid decision making. The recommendation restores
funding to continue the level of effort for the Survey of
Income and Program Participation (SIPP) at the fiscal year 2018
level to ensure statistically reliable estimates, and fully
supports the Census Bureau's efforts to evaluate and improve
the supplemental poverty measure.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total of $8,175,000,000 for
Periodic Censuses and Programs, which is $4,623,612,000 above
the fiscal year 2019 level and $2,289,600,000 above the
request. Bill language withholding the availability of funds
until the delivery of the Census Enterprise Data Collection and
Processing (CEDCaP) spend plan is included under Departmental
Management to ensure continuity in operations for the Census
Bureau during peak operations. The recommendation provides for
a transfer of $3,556,000 to the Department of Commerce Office
of Inspector General (OIG) for oversight and auditing of the
Census Bureau.
Demographic Statistics Programs.--The recommendation
includes $7,801,453,000 to support the 2020 Decennial Census
and the American Community Survey.
2020 Decennial Census.--The decennial census is a
cornerstone of our Constitution and vital tool to not only
apportion congressional seats in the U.S. House of
Representatives, but also to help Congress make better-informed
decisions on how to fairly distribute over $675 billion in
annual Federal funds including, community development block
grants, homeland security grants, funding for first responders,
special education, rural business enterprise grants, and much
more. The 2020 Census is expected to be the largest and most
technologically advanced census in its 230-year history as it
embraces new technology and data collection methods. For the
first time, households will have multiple options to fill out
their census form including online, over the phone, or in the
traditional paper format. While the Committee embraces the
Bureau's efforts to modernize the 2020 Census, it expects the
Bureau to continue to focus on serving communities without
reliable broadband services and households lacking Internet
access or familiarity.
In fiscal year 2018, Congress included approximately $1.1
billion above the President's fiscal year 2018 request towards
2020 preparation activities to ensure a smooth transition
through the fiscal year into fiscal year 2019. This foresight
proved vital during the longest partial government shutdown in
U.S. history as the Census Bureau was able to maintain 2020
Census operations uninterrupted throughout the continuing
resolution and the funding lapse. While the Committee
recognizes there is prior-year funding available, the
Administration's assumption that approximately $1.02 billion of
this funding will remain available to offset fiscal year 2020
costs is disingenuous and appears to rely on the assumption
that Congress will supplement its budget needs when it becomes
evident the President's request is inadequate. The Committee
does not intend to put the 2020 Census at risk during the most
critical year of its operation.
The Committee includes half of the proposed carryover back
into the base budget for 2020 response operations and
Information Technology (IT) infrastructure requirements.
Further, the Committee provides a total of $496,265,000 for the
program management of the 2020 Census and encourages the Census
to expeditiously hire current vacancies highlighted by GAO to
ensure proper oversight of the IT systems conducting the 2020
Census. The Committee rejects the Administration's proposed
$30,764,000 reduction to the Census Survey and Engineering
activities, which is needed to manage the continued delivery of
systems needed to meet 2020 performance and scalability
requirements. Additionally, the Committee restores the
``Secretarial Contingency'' originally submitted by the
Secretary of Commerce in 2017 as part of the updated 2020
Census lifecycle cost estimate. The Committee believes having
adequate contingency funding for many of the unknown variables
that the Census Bureau will likely encounter throughout the
remainder of calendar year 2019 and into 2020 will enable
Census to address emergent concerns quickly and without
additional congressional action. To that end, the Committee
recommendation also includes an additional $220,000,000 above
the request to its risk-based contingency and a $500,000,000
increase from its requested amount for non-response follow-up
activities to ensure that the Census Bureau can employ an
aggressive follow-up strategy if the self-response rate drops
lower than anticipated or the amount for which it has budgeted
for.
As the Census Bureau prepares for its inaugural year with
an online decennial portal, the Committee recognizes that the
Bureau may be more susceptible to cyberattacks by nefarious
actors who may wish to undermine the 2020 Decennial Census
statistics or interfere with participant self-response. The
recommendation includes an additional $253,000,000 in
contingency funds for Census IT infrastructure consistent with
the Department's 2017 lifecycle cost estimate. The Committee
understands that the Census Bureau is actively working with the
Cyber Infrastructure Security Agency (CISA) under the
Department of Homeland Security as well as private stakeholders
who specialize in cyber security. The Committee directs the
Bureau to brief the Committee quarterly on actions taken to
protect the security of the online platform as well as personal
data beginning no later than 30 days after enactment of this
Act.
While the Committee remains hopeful that individuals will
elect to self-respond to the decennial survey, the 2020 Census
faces many hurdles with hard-to-reach communities. The
Committee has previously directed the Bureau to prioritize a
strong engagement strategy with partners and trusted voices in
the community. The Committee recommends the Census Bureau take
steps to develop the Mobile Response Initiative as described in
the Bureau's report to the Committee on increasing the number
of temporary Census offices and partnership staff to support
the 2020 Census. The Committee supports such initiatives and
encourages the Census Bureau to concentrate its efforts in hard
to count communities and work with State, local, and tribal
partners to identify locations for the Mobile Response
Initiative to target. To that end, the Committee provides an
additional $100,000,000 above the request towards these
efforts.
An additional challenge the Census Bureau faces is public
perception of its intended use of the data it collects. In
January 2019, the Census released the 2020 Census Barriers,
Attitudes, and Motivators Study (CBAMS) Focus Group Final
Report that provides a summary of feedback among individuals
who are at risk of low self-response, including but not limited
to racial and ethnic minorities. The report concluded that many
of these participants felt they were politically targeted and
conveyed a palpable fear that the government would use their
census information against them. Many participants have an
overwhelmingly negative perception of the citizenship question
itself, which strongly affects their willingness to
participate. The Committee stresses the importance of non-
response follow-up fieldwork to ensure every person is counted,
especially those historically inclined to not respond or
difficult to identify and locate, including those with limited
access to internet or broadband infrastructure. The Committee
directs the Census Bureau to continue its outreach and
collaboration with community partner advocates to ensure the
most accurate count possible.
The Committee recognizes the Census Bureau's efforts to
increase language assistance for the 2020 Census by more than
doubling the amount of languages supported both through
telephonic support and in its advertising materials as compared
to 2010. Additionally, in 2020 the Census Bureau will include
59 non-English languages, including braille, to its language
guides. The Census Bureau is encouraged to continue
establishing key partnerships and hire those with language
skills outside of those languages covered through telephonic
support for the 2020 Census.
The Committee remains concerned that the 2020 Census is a
Government Accountability Office (GAO) high-risk area as Census
Day approaches, with GAO recommendations remaining open to: (1)
ensure key innovations will function as planned; (2) strengthen
the management and oversight of all IT programs, systems, and
contractors supporting the decennial; (3) better address its
cybersecurity weaknesses identified by the Department of
Homeland Security (DHS); and (4) refine reliable cost
estimates. To aid the Committee in its oversight function, the
Bureau shall continue its quarterly updates to the Committee on
the status of implementing GAO recommendations regarding the
2020 Census.
American Community Survey.--The data that the American
Community Survey (ACS) collects is critical for communities
nationwide as it is the only source of annual data on
education, employment, income, housing costs, veterans' issues,
and a host of other topics. The recommendation includes
$218,000,000 for this effort, as requested, and the Bureau is
directed to continue the associated quarterly briefing to the
Committee.
According to the Census Bureau, expanding data collection
annually for the ACS to Guam, American Samoa, the Northern
Mariana Islands, and the U.S. Virgin Islands, would create
additional cost and respondent burdens to ensure reliable
estimates for these areas. Based on the report's findings and
recommendations, the Committee encourages the Census Bureau to
include these territories in future surveys where feasible and
within available resources until changes to the survey are
authorized. The Committee also directs Census to increase
outreach activities to historically undercounted communities,
including colonias, and to submit a report to the Committee
detailing these efforts within 60 days of enactment of this
Act.
Periodic Economic Statistics.--The Committee recommends
$139,607,000 for the Economic Statistics programs, as
requested, to support the sixth year of the 2017 Economic
Census, and preparations for the 2022 Economic Census, and the
2022 Census of Governments. The Committee recognizes the Census
Bureau's efforts to reduce costs through its use of
administrative records.
Geographic Support.--The Committee provides $61,164,000 for
the Geographic Support program.
Enterprise Data Collection and Dissemination Systems
(EDCaDS).--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 and provides
$169,220,000 for EDCaDS. The amount includes an additional
$3,228,000 above the request to support the planning and
delivery of these systems post-decennial to ensure a smooth
transition of the current systems to new work for other
demographic and economic surveys, the 2022 Economic Census, and
early tests for the 2030 Census. The Bureau shall continue to
provide quarterly briefings regarding the status of its data
systems as directed in House Report 115-704.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The Committee recommends $42,441,000 for the National
Telecommunications and Information Administration (NTIA), which
is $2,941,000 above fiscal year 2019. The recommendation is
distributed as shown in the table below:
Domestic and International Policy..................... $10,423,000
Spectrum Management................................... 7,962,000
Advanced Communications Research...................... 8,180,000
Broadband Programs.................................... 15,606,000
Public Safety Communications.......................... 270,000
-----------------
Total............................................. $42,441,000
The recommendation adopts and fully funds the
Administration's proposal to establish a new program activity,
``Public Safety Communications'', intended to ensure those who
serve in our State and local public safety sectors are provided
with the tools and expertise needed to remain on pace with
advances in technology through NTIA's Next Generation 911
(NG911) program. However, the Committee does not include the
creation of a new, unauthorized program under NTIA to negotiate
private leases. While the Committee expects to be kept informed
about the status of this and other legislative proposals while
the Department works with the appropriate authorizing
committees, the Committee cannot recognize the proposals as
relevant to the Committee's appropriations work until
legislation has been proposed and enacted into law.
National Telecommunications Role in Hate Crimes.--In 1993,
NTIA released a groundbreaking report, ``The Role of
Telecommunications in Hate Crimes'' regarding the use of
electronic communications to disseminate and promote hate.
However, despite the exponential growth of the internet since
that time and the concerning rise in violent hate crimes that
may be facilitated by various electronic media, the report has
not been updated. The Committee directs NTIA, in coordination
with the Department of Justice, to provide an update to its
prior report to Congress no later than one year after the date
of enactment of this Act. The new report should analyze the use
of new forms of electronic media in advocating and encouraging
the commission of hate crimes and include any recommendations
to address such use of telecommunications, consistent with the
First Amendment.
Broadband Programs.--According to the Federal
Communications Commission's 2018 Broadband Deployment Report,
it is estimated that 25 million Americans still lack access to
affordable, reliable, modern high-speed broadband capability,
of which 19 million or 75 percent, live in rural areas. The
recommendation funds the continuation of the broadband mapping
effort started in the fiscal year 2018 and 2019 appropriations
Acts. An updated map will help identify, for policy makers and
providers, regions with insufficient service.
Rural Broadband Coordination.--The Committee continues
prior year direction to NTIA to coordinate with the Rural
Utilities Service, the Federal Communications Commission, and
other related Federal agencies to ensure that policies tied to
one Federal program do not undermine the objectives and
functionality of another. The Committee encourages NTIA to
continue working with the rural communications industry to
identify and pursue ways to continue broadband deployment and
adoption, and directs NTIA to submit a report on its efforts no
later than 60 days after the date of enactment of this Act.
Further, the Committee continues to encourage NTIA to place
equal priority on the deployment of the Nationwide Public
Safety Broadband Network (NPSBN) in rural communities as it
does in urban areas.
Outcome-Based Measures.--The Committee directs NTIA to
include outcome-based goals and performance measures for its
broadband adoption and availability work in its performance
plan as soon as practicable.
Spectrum Management.--The Committee recognizes that
ensuring access to key portions of spectrum for radio astronomy
observations, environmental observations, and other scientific
purposes is essential for scientific discovery. The Committee
encourages NTIA, in coordination with FCC and other appropriate
stakeholders, to preserve spectrum access for scientific
purposes as commercial use of radio spectrum increases. The
Committee looks forward to the report highlighting NTIA's
ongoing efforts on this front.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends $3,450,681,000 for the United
States Patent and Trademark Office (PTO), the full amount of
fiscal year 2020 fee collections estimated by the Congressional
Budget Office. PTO shall continue to provide the Committee
monthly reports on PTO's actual and projected fee collections,
application volumes, performance, and staffing.
Patent End-2-End (PE2E).--PTO shall continue to provide
quarterly reports to the Committee on the status of PE2E,
including the proposed retirement of legacy systems, cost
savings associated with those retirements, and any efficiencies
achieved in patent processing because of these investments.
National Institute of Standards and Technology
The Committee recommends $1,040,172,000 for National
Institutes of Standards and Technology (NIST), which is
$54,672,000 above fiscal year 2019.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $751,000,000 for NIST's Scientific
and Technical Research and Services (STRS) programs, which is
$26,500,000 above fiscal year 2019 and $139,281,000 above the
request. The Committee also rejects the proposed reductions to
Laboratory Programs, Corporate Services, and Standards
Coordination and Special Programs and provides no less than the
fiscal year 2019 level for those programs.
Quantum Information Science.--Within funds appropriated for
STRS, the Committee provides no less than $8,000,000 above the
fiscal year 2019 level for Quantum Information Science, as
authorized in the National Quantum Initiative Act to support
and expand basic and applied quantum information science and
technology research and development (R&D) of measurement
science and standards. Further, the Committee encourages NIST
to expand its collaboration with other entities, including
industry, universities, and Federal laboratories, to help
advance the field of quantum information science and
engineering.
Artificial Intelligence (AI).--The recommendation includes
$4,000,000 above the fiscal year 2019 level for Artificial
Intelligence that has the potential to produce transformative
technologies and scientific breakthroughs that will improve
Americans' lives.
Textile research.--The Committee recognizes the importance
of the U.S. textile industry and encourages NIST to pursue
advanced textile and apparel research, including manufacturing
techniques.
Greenhouse Gas Program and Urban Dome Initiative.--The
Committee recognizes the significant value in NIST's Greenhouse
Gas Program and Urban Dome initiative that seeks to leverage
existing high-spatial density regional monitoring networks and
external R&D partnerships. These cost-effective capabilities
substantially expand and broaden NIST laboratory capabilities
for investigating and developing measurement tools that support
independent means for determining the accuracy of emissions
inventory data at urban and regional scales. The Committee has
included no less than $100,000 above the fiscal year 2019 level
of funding for the Greenhouse Gas Program and Urban Dome
Initiative to continue and expand sensor network deployments.
Cybersecurity and Privacy.--The proliferation of data
generation, storage, and use associated with the digital
economy is making it increasingly important to protect that
data with effective cryptography and privacy standards. The
Committee is concerned that individual, corporate, and public-
sector data privacy is continuously at risk from attacks by
individual actors, criminal organization, and nation-states.
The Committee urges NIST to address the rapidly emerging
threats in this field by furthering the development of new and
needed cryptographic standards and technologies.
Metals-Based Additive Manufacturing.--The Committee
provides up to $5,000,000 for competitive external grants for
academic institutions to support research, development, and
workforce training to overcome barriers to high-volume additive
manufacturing of metals. While the Committee is aware of recent
breakthroughs in metals-based additive manufacturing, major
technical barriers still exist to dramatically improving build
rates that would enable commercial markets to benefit from
high-volume, metals-based additive manufacturing.
Pyrrhotite in Concrete Aggregate.--NIST shall consider
establishing standards for acceptable levels of pyrrhotite in
concrete aggregate and shall continue providing technical
assistance to those interested in pyrrhotite detection,
prevention, and mitigation tools.
Forward Looking Building Standards.--The Committee is
concerned about how climate change will impact the built
environment, and that standards previously set with an
assumption of a stable climate system will expose many Federal
and non-Federal investments to significant, but avoidable,
risk. Therefore, the Committee directs NIST, in collaboration
with other appropriate Federal agencies and interested non-
Federal parties, to identify a consistent and authoritative set
of climate information that emphasizes forward-looking climate
data and projections that should be utilized in the standard-
setting process. This effort shall serve to aid both Federal
and non-Federal bodies to develop standards, building codes,
and voluntary standards that take into account increasingly
extreme weather events and other climate change challenges.
Regenerative Medicine Standards.--The Committee is pleased
that NIST, the Food and Drug Administration, and the Standards
Coordinating Body continue to work to implement the
regenerative medicine standards provisions enacted in the 21st
Century Cures Act (Public Law 114-255). Currently, work is
underway to develop processes and criteria for identifying,
prioritizing, and assessing the quality, safety, feasibility,
and cost-benefit of such standards. This work will create a
foundation that allows industry, regulatory authorities, and
other stakeholders to reduce barriers to regenerative medicine
research and product development and accelerate the market
readiness of these life-changing medical treatments.
Forensic Sciences.--The Committee provides $1,500,000 above
the fiscal year 2019 amount for forensic science research.
Additionally, the Committee provides $3,000,000 to support the
Organization of 22 Scientific Area Committees and $1,000,000 to
support technical merit evaluations previously funded by
transfer from the Department of Justice.
5G Telecommunications.--The Committee notes the importance
of the development of 5G telecommunications technologies as a
matter of job creation, economic development, and national
security. The Committee is concerned with a lack of criteria
and processes to evaluate evolving threats associated with
emerging telecommunications technologies. The Committee also
recognizes the importance of efficient spectrum use in the
development of 5G networks. The Committee urges NIST to
accelerate efforts to coordinate among industry to promote
voluntary security standards and the development of measurement
tools to increase spectrum efficiency.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $169,172,000 for Industrial
Technology Services, which is $14,172,000 above fiscal year
2019. The Committee rejects the Administration's proposed
elimination of the Manufacturing Extension Partnership (MEP)
program and provides $154,000,000 for MEP as well as
$15,172,000 for the National Network for Manufacturing
Innovation, also known as ``Manufacturing USA.''
Cybersecurity Training.--Within the increase to MEP, the
Committee directs NIST to maintain the core services of the MEP
and encourages NIST to utilize existing expertise within its
Information Technology Laboratory to increase cybersecurity
technical training to small manufacturers to strengthen their
cybersecurity capabilities given the troubling threats from
state and non-state actors and other emerging threats.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommends $120,000,000 for NIST
construction. NIST shall continue to provide updates on the
projects funded within this account, to include milestones and
total amount of funding necessary for completion.
Safety, Capacity, Maintenance, and Major Repairs (SCMMR).--
Within the amount provided for Construction of Research
Facilities, the agreement includes no less than $77,500,000 for
NIST to address its most pressing SCMMR projects.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $5,478,974,000 in
discretionary funds for the National Oceanic and Atmospheric
Administration (NOAA), which is $54,279,000 above fiscal year
2019 and $1,022,006,000 above the President's request. The
Committee notes that the proposed decrease in Procurement,
Acquisitions, and Construction (PAC) for fiscal year 2020
reflects the anticipated reduction in NOAA's flagship weather
satellite programs as they enter the operational phase and the
funding reduction is not intended to, nor is it expected to,
have any deleterious impact on NOAA's mission.
Extramural research.--The Committee continues to support
NOAA's ongoing 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.
Tribal support.--The Committee encourages NOAA to support
mitigation and relocation efforts of coastal tribal communities
that are seeking to mitigate the threat of severe weather
storms and promote public safety.
Shellfish genetics.--The recommendation includes up to
$10,000,000 to improve shellfish survival and growth rates and
to classify and preserve the natural genetic variation of
shellfish. NOAA is encouraged to support regional partnerships
to classify and preserve natural genetic variation in
shellfish. Further, the Committee encourages NOAA to examine
the feasibility of tracking its efforts at the species level.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$4,105,907,000 under Operations, Research, and Facilities (ORF)
for the coastal, fisheries, marine, weather, satellite, and
other programs of NOAA. This total funding consists of
$3,910,625,000 in direct appropriations, a transfer of
$177,782,000 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 $3,910,625,000 is
$313,628,000 above fiscal year 2019 and $852,242,000 above the
President's request.
The following narrative and tables identify the specific
activities and funding levels included in this Act.
National Ocean Service.--The recommendation provides
$642,000,000 for National Ocean Service (NOS) Operations,
Research, and Facilities, an increase of $60,433,000 above the
fiscal year 2019 level and $272,295,000 above the President's
request. As noted in the U.S. Global Change Research Program's
Fourth National Climate Assessment, the world's oceans and the
Great Lakes are increasingly stressed by the warming climate
and the absorption of carbon pollution from the atmosphere.
Similarly, increases in extreme weather and rising sea levels
are impacting coastal areas. In response, the Committee invests
in programs within NOS that aim to enhance the resiliency of
coastal assets and to understand and mitigate the changing
ecological threats to our oceans and the Great Lakes.
NATIONAL OCEAN SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations, and Positioning
Navigation, Observations, and Positioning............. $159,000
Hydrographic Survey Priorities/Contracts.............. 32,000
Integrated Ocean Observing System Regional 40,500
Observations.........................................
---------------
Navigation, Observations, and Positioning............... 231,500
===============
Coastal Science and Assessment
Coastal Science, Assessment, Response and Restoration. 84,500
Competitive External Research......................... 20,000
---------------
Coastal Science and Assessment.......................... 104,500
===============
Ocean and Coastal Management and Services
Coastal Zone Management and Services.................. 46,500
Coastal Management Grants............................. 81,000
Title IX Fund......................................... 60,000
Coral Reef Program.................................... 33,000
National Estuarine Research Reserve System............ 29,000
Sanctuaries and Marine Protected Areas................ 56,500
---------------
Ocean and Coastal Management and Services............... 306,000
===============
Total, National Ocean Service, Operations, Research, and $642,000
Facilities.............................................
------------------------------------------------------------------------
Navigation, Observations, and Positioning.--The Committee
provides $159,000,000 for Navigation, Observations, and
Positioning and rejects the Administration's proposed
reductions in funding for repair and replacement of Coastal
Observing Assets and the Coastal Mapping Program. The
recommendation also rejects the Administration's elimination of
the competitive Regional Geospatial Modeling Grants program and
directs NOAA to continue funding no less than the amount
provided in fiscal year 2019. The Committee additionally
continues funding for the Physical Oceanographic Real-Time
System, or PORTS, at no less than the fiscal year 2019 level.
Hydrographic Survey Priorities/Contracts.--The Committee
rejects the proposed reduction to Hydrographic Survey
Priorities/Contracts and directs NOAA to maintain its prior
year level of effort.
Integrated Ocean Observing System (IOOS).--The
recommendation includes $40,500,000 for Integrated Ocean
Observing System Regional Observations and rejects the
elimination of IOOS grants. The Committee supports IOOS'
efforts to expand its use of underwater gliders and encourages
NOAA to fill critical gaps in the current surface mapping
system and to ensure streamlined access to data for weather
forecasting, detection of ecological phenomena, and safe
maritime operations.
Coastal Science, Assessment, Response, and Restoration.--
The Committee provides $84,500,000 for Coastal Science
Assessment, Response, and Restoration, including $2,000,000
above the fiscal year 2019 level for the Marine Debris program
to address the pervasive problem of pollution in coastal waters
around the country. The Committee encourages NOS to coordinate
with States, territories, and local communities on efforts to
remove debris from the marine environment and the Great Lakes,
with a goal of developing a cost-effective programmatic
solution to land-generated marine debris.
Further, the Committee rejects the proposed elimination of
the National Centers for Coastal Ocean Science (NCCOS) which,
amongst many other things, does critical national security work
on the changing Arctic region and the impact of rising sea
levels on our military installations. The Committee directs
NOAA to invest in updating scientific equipment at NCCOS within
the amounts provided to Coastal Science, Assessment, Response,
and Restoration.
NOAA is further directed to develop new in-situ sensors and
technology and expand deployment of new and existing in-situ
sensors to increase monitoring and understanding of natural
phenomena such as harmful algal blooms and hypoxia--especially
where insufficient data is currently available to provide high
resolution ecological forecasts. As part of this work, the
Committee encourages NOAA to expand partnerships with academic
institutions, the private sector, State governments, and other
Federal agencies.
Harmful Algal Blooms (HABs).--The Committee remains highly
concerned about the increasing prevalence of harmful algal
blooms in every U.S. State and territory and the corresponding
impacts on human health, drinking water, fisheries, and the
broader economy. The Committee provides $20,000,000 to
Competitive Research, including not less than $10,000,000 for
HABs research. This research should prioritize further
development of methods of intervention and mitigation to reduce
the frequency, severity, and impacts of HAB events in
freshwater and saltwater systems and provide special attention
to research in areas most economically and environmentally
impacted by HABs.
The recommendation provides no less than $1,750,000 for a
study to update the estimated annual economic impacts from
marine and freshwater HABs in the United States based on new
information published since 2006 when the last national
economic impacts were reported. The study shall include impacts
related to public health, drinking water treatment, commercial
fisheries, property values, recreation and tourism, and
monitoring and management. The study shall also include an
assessment of the estimated annual economic impacts in those
U.S. States and territories most impacted by HABs. For all
HABs-related work, the Committee encourages NOAA to coordinate
with the Interagency Working Group on the Harmful Algal Bloom
and Hypoxia Research and Control Act.
Seafloor Mapping.--The Committee encourages NOS to perform
high-priority, cooperative habitat mapping in currently
unmapped and disaster-prone areas, with priority given to areas
where oil exploration is under consideration to better
understand long-term implications.
Coastal Zone Management.--The Committee provides
$46,500,000 for Coastal Zone Management. The recommendation
rejects the reduction to Integrated Water Prediction, and
instead provides no less than the fiscal year 2019 level.
Within these funds, the recommendation also includes a
$2,000,000 increase over the fiscal year 2019 level for
Regional Ocean Data Portals.
Coastal Zone Management Grants and Title IX Fund.--The
Committee does not approve the Administration's proposed
elimination of the Coastal Zone Management (CZM) Grants and the
Title IX Fund, which are critical programs for preparing
coastal areas for measurably rising sea levels. The
recommendation instead includes $81,000,000 for CZM Grants. The
Committee also provides $60,000,000 for Title IX Fund grants,
which are to be executed consistent with the approach used in
fiscal year 2019.
Coral Reefs.--The Committee is alarmed by the deterioration
of the Nation's coral reefs, which are suffering from record
levels of bleaching and disease. The recommendation therefore
includes $33,000,000, which is $6,893,000 above the President's
request for the Coral Reef Program. The Committee also rejects
the proposed reduction for Innovative Coral Reef Restoration
Initiatives. Within the increased funding, NOAA shall expand
its collaborative work with external academic partners to
advance the goals of the National Coral Reef Action Strategy by
conducting scientific research for the conservation of corals
and coral reef ecosystems, especially those that are
experiencing an increasing prevalence of disease outbreaks.
National Estuarine Research Reserve System.--The Committee
rejects the proposed elimination of the National Estuarine
Research Reserve System and instead provides a $2,000,000
increase over the fiscal year 2019 level for this important
partnership between NOAA and the coastal States and territories
that protects and studies estuarine systems.
Sanctuaries and Marine Protected Areas.--The Committee
provides $56,500,000 for Sanctuaries and Marine Protected
Areas, which is $5,061,000 above the President's request.
National Marine Fisheries Service.--The Committee
recommends $954,650,000 for National Marine Fisheries Service
(NMFS), Operations, Research, and Facilities, which is
$142,982,000 above the President's request.
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........ $124,000
Species Recovery Grants............................... 7,500
Atlantic Salmon....................................... 6,500
Pacific Salmon........................................ 66,420
---------------
Protected Resources Science and Management.............. 204,420
===============
2018 Recertification of the Pacific Salmon Treaty....... 30,000
===============
Fisheries Science and Management
Fisheries and Ecosystem Science Programs and Services. 150,000
Fisheries Data Collections, Surveys, and Assessments.. 171,000
Observers and Training................................ 45,100
Fisheries Management Programs and Services............ 124,000
Aquaculture........................................... 13,005
Salmon Management Activities.......................... 37,000
Regional Councils and Fisheries Commissions........... 41,500
Interjurisdictional Fisheries Grants.................. 3,500
---------------
Fisheries Science and Management........................ 585,105
===============
Enforcement............................................. 73,500
===============
Habitat Conservation and Restoration.................... 61,625
===============
Total, National Marine Fisheries Service, Operations, $954,650
Research, and Facilities...............................
------------------------------------------------------------------------
Consistent Application of Regulations.--Within 90 days of
enactment of this Act, NMFS shall provide a report to the
Committee that examines how guidance is being implemented and
its consistency across NMFS regions, specifically with regard
to the issue of the consideration of the effects of existing
structures in conducting Endangered Species Act consultations
under section 7(a)(2). Further, NMFS shall complete an
assessment of what is causing any observed permit delays and
propose measures to improve the permit approval process.
Marine Mammals, Sea Turtles, and Other Species.--The
recommendation includes $124,000,000 for Marine Mammals, Sea
Turtles, and Other Species. Within this amount, the Committee
provides no less than the fiscal year 2019 level for Endangered
Species Act and Marine Mammal Protection Act Permitting
Capacity and no less than $4,000,000 for the John H. Prescott
Marine Mammal Rescue Assistance grant program.
Sea Turtles.--The Committee provides no less than the
fiscal year 2019 enacted level for NMFS to continue
scientifically advisable operations of, and full funding for,
ongoing work on endangered and threatened sea turtle
conservation, including captive sea turtle rearing and Turtle
Excluder Device research and certification to reduce sea turtle
bycatch. NOAA committed to Congress that it would continue its
sea turtle stranding and rehabilitation programs until it found
suitable non-governmental partners to take over this program in
full. Therefore, NMFS is directed to maintain adequate capacity
of the sea turtle stranding and rehabilitation program until it
can assure Congress that those critical activities have been
fully transferred to partner organizations.
Southern Resident Killer Whales.--Within the amount
provided for Marine Mammals, Sea Turtles, and Other Species,
the Committee provides not less than $1,500,000 for the
Southern Resident Killer Whales program to increase research
and monitoring to improve the recovery of the species.
North Atlantic Right Whale.--The Committee remains
concerned that North Atlantic right whale populations continue
to be critically low. Therefore, the Committee rejects the
President's proposal to reduce funds and instead provides
$1,000,000 above the President's budget request within Marine
Mammals, Sea Turtles, and Other Species for research and
monitoring of North Atlantic right whales, to better understand
how the species interacts with fisheries and shipping traffic,
and how it is adapting to changing ocean conditions and
shifting feeding grounds. Further, the Committee encourages
NOAA to prioritize development of a habitat suitability index,
along with aerial surveys and passive acoustic monitoring in
the waters of the Northeast U.S. region and development of
long-term tagging methods.
Species Recovery Grants.--The Committee rejects the
proposed reduction for Species Recovery Grants and recommends
$1,504,000 above the President's request.
Hatchery and Genetic Management Plans.--The Committee
provides $66,420,000 for Pacific Salmon, $4,679,000 above the
requested level, and rejects the reduction to Hatchery and
Genetic Management Plans (HGMPs). Instead, the recommendation
provides no less than $5,000,000 within Pacific Salmon to
implement NMFS' comprehensive plan to address the backlog of
HGMPs submitted to Congress as required by the Consolidated
Appropriations Act of 2016 (Public Law 114-113), including to
work with the U.S. Fish and Wildlife Service, State agencies,
Tribes, and the Hatchery Scientific Review Group as needed.
Failure to approve these HGMPs has exposed NMFS to litigation
for failure to fulfill its obligations under the Endangered
Species Act. This funding is essential for NMFS to expedite
review and approval of the HGMP backlog and prevent hatchery
shutdowns.
New Obligations Under the 2018 Recertification of the
Pacific Salmon Treaty.--The recommendation includes $30,000,000
for activities related to the 2018 Recertification of the
Pacific Salmon Treaty. Within these funds, the Committee
directs NOAA to develop and implement a plan to maximize the
increase of relevant salmon stocks through the implementation
of actions referenced in the treaty and supporting agreements,
in addition to activities funded under the Salmon Management
Activities line. The Committee is frustrated by the lack of
information from the Administration regarding the Federal
responsibilities related to the recent recertification of the
Pacific Salmon Treaty and directs the Department, prior to the
obligation of any funds and within 60 days of enactment of this
Act, to brief the Committee on this plan. Further, NOAA is
directed to provide the Committee with biannual status reports
on these activities and their impact on salmon stocks,
beginning no later than 180 days after the enactment of this
Act.
Antarctic Research.--The Committee rejects the elimination
of Antarctic Research in the budget request and provides
funding at no less than the fiscal year 2019 level in Fisheries
and Ecosystem Science Programs and Services.
Cooperative Research.--The recommendation does not adopt
the proposed reduction for Cooperative Research and continues
funding for this activity at no less than the fiscal year 2019
level. Cooperative research shall be used to support external,
independent data collection and other research. NOAA shall
ensure that this research is ingested into fishery stock
assessments in a timely manner.
Fish Information Networks.--The Committee provides
$171,000,000 for Fisheries Data Collections, Surveys, and
Assessments, $13,344,000 above the request. Within these funds,
$23,500,000 is provided for 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.
Plankton Recorder Survey.--The Committee notes the
importance of understanding the distribution of plankton to
inform the conservation of North Atlantic right whales. Within
the amount provided for Fisheries Data Collections, Surveys,
and Assessments, the Committee provides not less than $300,000
to conduct a continuous plankton recorder survey in
partnership, on a voluntary basis, with research institutions,
nonprofit organizations, commercial vessels, and other Federal
agencies. The relevant survey samples should be analyzed,
stored, archived, and made publicly available as quickly as is
practicable. NOAA is further directed to coordinate with the
Government of Canada to develop a transboundary understanding
of plankton abundance and distribution.
Salmon Management Activities.--The recommendation rejects
the proposed reductions to Genetic Stock Identification and
Pacific Salmon Treaty within Salmon Management Activities and
provides no less than the amounts provided in fiscal year 2019.
Mitchell Act Hatchery Programs.--From the funds provided
for Salmon Management Activities and 2018 Recertification of
the Pacific Salmon Treaty, NOAA shall provide no less than
$25,000,000 for Mitchell Act activities, which enable Federal
agencies to work with Oregon, Washington, and Idaho to
establish and operate a series of hatcheries and passage
facilities to improve declining fish runs in the Columbia
River, ensure conservation of these critical natural resources,
maintain economically viable tribal, commercial, and sports
fisheries, and provide prey for Southern Resident killer
whales.
Regional Councils and Fisheries Commissions.--The
recommendation provides $41,500,000 for Regional Councils and
Fisheries Commissions, which is $3,847,000 above the
President's request. The Committee does not approve the
proposed reduction to Interstate Fishery Management Commissions
and continues to provide the fiscal year 2019 level. Further,
within the funds provided for Regional Councils and Fisheries
Commissions, $250,000 is included to implement the Pacific
Fishery Management Council's Fishery Ecosystem Plan (FEP)
Climate and Communities Initiative and to update the FEP to
support climate-ready fisheries and ecosystem-based fisheries
management.
State Waters.--The Committee encourages NOAA to ensure
Regional Fishery Management Councils work in an open and
collaborative way with states during the consideration of any
actions that affect state waters.
Interjurisdictional Fisheries Grants.--The recommendation
rejects the proposed elimination of Interjurisdictional
Fisheries Grants and instead provides $3,500,000.
Exempted Fishing Permits for Red Snapper Fishing.--The
Committee appreciates the work done thus far by the five Gulf
States to develop and implement Exempted Fishing Permits. Given
these permits will improve recreational fishing access and data
collection, within amounts provided for Fisheries Data
Collections, Surveys and Assessments, the Committee provides
$10,000,000 for the development, implementation and validation
of electronic logbook data for the federally permitted charter-
for-hire sector in the Gulf of Mexico and South Atlantic.
Within these funds, the Committee also directs NMFS to deliver
technical support as needed to the Gulf States to prioritize
and ensure successful implementation of each State plan.
Additionally, NOAA shall continue to provide the Committee with
quarterly updates on these efforts as directed in fiscal year
2019.
South Atlantic Reef Fish.--NMFS is encouraged to leverage
efficiencies learned through the Gulf of Mexico red snapper
process to better the science and management of red snapper and
other reef fish in the South Atlantic. NMFS shall consider
employing the independent and alternative stock assessment
strategies directed by the Committee for the Gulf of Mexico to
supplement NMFS assessments of reef fish in the South Atlantic.
The Committee provides up to $1,500,000 for these activities
and notes deficiencies that have plagued reef fish management
in the Gulf of Mexico also affect NMFS management of reef fish
in the South Atlantic. The Committee encourages NMFS to
incorporate this data into the agency's own stock assessments
as expeditiously as possible.
National Catch Share Program.--The Committee reminds NOAA
that catch share programs reduce harmful competition between
fishing vessels, thereby helping to reduce occupational
hazards, avoid market-gluts, maximize profits, and reduce
ecological damage. The Committee therefore rejects the proposed
reduction of funding and provides no less than the fiscal year
2019 level for the National Catch Share Program within
Fisheries Management Programs and Services. Additionally,
within the funds provided for Fisheries Management Programs and
Services, NOAA shall develop a priority list of other species
that should be considered for inclusion in the Seafood Import
Monitoring Program in order to: (1) reduce human trafficking in
the international seafood supply chain, (2) reduce economic
harm to the American fishing industry, (3) preserve stocks of
at-risk species around the world, and (4) protect American
consumers from seafood fraud. NOAA shall provide this list to
the Committee within 180 days of enactment of this Act.
Enforcement.--The Committee provides $73,500,000 for
Enforcement, which is $19,428,000 above the request. The
Committee disagrees with the proposed elimination of the
Cooperative Enforcement Program that includes the execution of
Joint Enforcement Agreements. The recommendation instead
provides no less than the fiscal year 2019 amount for the
Cooperative Enforcement Program, which is critical for proper
surveillance and enforcement of our Nation's fisheries laws.
The Committee appreciates the proposal to hire additional
enforcement officers and special agents and includes $1,000,000
above the request to augment the proposed increase in staff.
This added staffing and the remaining increase of funds shall
be used to expand efforts to reduce illegal, unreported, and
unregulated (IUU) fishing related to seafood import
traceability and port security as well as to increase joint
operations to inspect and enforce import restrictions on IUU
products and expand investigations.
Habitat Conservation and Restoration.--The Committee
provides $61,625,000 for Habitat Conservation and Restoration,
which is $23,750,000 above the request. Further, the
recommendation rejects the reductions to Essential Fish Habitat
Consultations and Fisheries Habitat Grants and provides no less
than the fiscal year 2019 level for each program.
Highly Migratory Species.--NOAA is encouraged to continue
its efforts to competitively award studies of highly migratory
fish species. Additional research is needed to continue to
improve management of these species.
Lionfish.--The Committee encourages NOAA to award
competitive grants to address Lionfish in the Atlantic Ocean
and Gulf of Mexico.
Horseshoe Crabs.--Adequate data is required to ensure
states and interstate managers can effectively manage the
Horseshoe Crab population, which is important to the biomedical
and commercial fishing industries, as well as to the ecology of
the Mid-Atlantic region. The Committee directs NMFS to continue
the Horseshoe Crab survey to generate the data necessary to
ensure that the Horseshoe Crab stock remains on a sustainable
path.
Oyster restoration.--The Committee encourages NOAA to
competitively select external partners to research alternative
substrates for oyster restoration. NOAA shall consider
survivability as part of the oyster restoration program in the
Chesapeake Bay. Within Habitat Conservation and Restoration,
the Committee encourages NOAA to support oyster restoration in
the Chesapeake Bay.
Bycatch Reduction and Incidental Take Permits.--The
Committee is concerned by changing ocean conditions that are
disrupting ecosystem stability, leading to increased conflicts
between commercial shellfish fisheries and protected species.
To resolve this conflict, the Committee encourages NMFS to
ensure that it dedicates adequate resources (1) to
expeditiously evaluate any application that it receives for an
incidental take permit for shellfish fisheries, (2) to support
the NOAA Bycatch Reduction Engineering Program for research and
development of gear innovations to prevent entanglements while
allowing for continued fishing in these fisheries, and (3) to
continue robust participation in collaborative efforts to
reduce fishing gear conflicts.
Pacific Coast Groundfish Fishery.--The Committee recognizes
the ongoing impacts on the Pacific coast groundfish fishery
trawl industry resulting from NMFS's delay in promulgating
regulations to collect loan payments for the 2003 fishing
vessel and permit buyback program. This delay caused an
additional $4,000,000 in interest to accrue, resulting in an
estimated $10,000,000 of additional loan payments for the
Pacific coast groundfish fishery trawl industry. The Committee
notes the implementation of the Revitalizing the Economy of
Fisheries in the Pacific Act of 2014, section 3095 of Public
Law 113-291, which is intended to provide relief related to
this legacy issue.
Oceanic and Atmospheric Research.--The Committee recommends
$595,393,000 for Oceanic and Atmospheric Research (OAR)
Operations, Research, and Facilities, which represents an
increase of $70,333,000 over fiscal year 2019 and is
$286,244,000 above the request.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
OPERATIONS, RESEARCH, AND FACILITIES
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............... $74,000
Regional Climate Data and Information................. 41,500
Climate Competitive Research.......................... 71,000
---------------
Climate Research........................................ 186,500
===============
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............... 82,279
U.S. Weather Research Program......................... 37,400
Tornado Severe Storm Research/Phased Array Radar...... 12,634
Joint Technology Transfer Initiative.................. 15,000
---------------
Weather and Air Chemistry Research...................... 147,313
===============
Ocean, Coastal, and Great Lakes Research
Laboratories and Cooperative Institutes............... 35,345
National Sea Grant College Program.................... 73,000
Marine Aquaculture Program............................ 12,000
Ocean Exploration and Research........................ 44,000
Integrated Ocean Acidification........................ 20,000
Sustained Ocean Observations and Monitoring........... 48,500
National Oceanographic Partnership Program............ 6,500
---------------
Ocean, Coastal, and Great Lakes Research................ 239,345
===============
High Performance Computing Initiatives.................. 22,235
===============
Total, Office of Oceanic and Atmospheric Research, $595,393
Operations, Research, and Facilities...................
------------------------------------------------------------------------
Climate Research.--The Committee commends the scientists
and researchers at NOAA for their exemplary work in preparing
the Fourth National Climate Assessment (NCA), which found that
(1) the impacts of climate change are already being felt in the
United States, (2) these impacts will intensify in the future,
(3) human activity is the primary cause of climate change, (4)
there is no credible alternative scientific theory to explain
the observational data, (5) the extent of future impacts will
depend largely on actions taken to reduce greenhouse gas
emissions, and (6) current global and regional efforts to adapt
to these impacts do not approach the scales needed to avoid
substantial damages to the U.S. economy, environment, and human
health and well-being over the next decades.
These stark facts underscore the need for continued
investment in climate research to inform policy decisions
across every sector of American society. Therefore, the
Committee provides $186,500,000 for Climate Research, an
increase of $27,500,000 above fiscal year 2019, and $98,991,000
above the President's request. The recommendation rejects the
proposal to eliminate funding for the NCA and instead provides
$3,000,000 to continue this work. The Committee further
emphasizes that the NCA is congressionally-mandated and shall
not be impeded.
Earth's Radiation Budget.--The Committee is aware of
significant risks posed by the potential introduction of
material into the stratosphere from changes in natural systems,
increased air and space traffic, and proposals to inject
material to affect climate, which is the subject of a
forthcoming National Academies of Sciences study supported by
NOAA and NASA. To monitor and assess these risks requires
significant improvements to observations of the chemistry of
the stratosphere and the reflectivity of the atmosphere to
establish baselines as well as advancements in models for
forecasting. Therefore, the Committee provides $13,000,000 in
Climate Research Laboratories and Cooperative Institutes for
observations, monitoring, and forecasting of stratospheric
conditions and Earth's radiation budget. Within these funds,
the Committee further directs OAR to improve the understanding
of the impact of atmospheric aerosols on radiative forcing as
well as on the formation of clouds, precipitation, and extreme
weather.
Arctic Research.--The Committee rejects the proposed
elimination of Arctic Research and provides no less than the
fiscal year 2019 level in both Regional Climate Data and
Information and Climate Laboratories and Cooperative Institutes
for this work.
Regional Integrated Sciences and Assessments Program.--The
Committee rejects the termination of the Regional Integrated
Sciences and Assessments Program and instead provides the
program an increase of $3,000,000, as compared to the fiscal
year 2019 level, within Regional Climate Data and Information.
The Committee directs NOAA to expand the geographical coverage
of the program with a long-term goal of providing comprehensive
decision-support services and tools to local and regional
decision makers in all States and territories. The Committee
appreciates the benefits of partnering with academia in these
efforts but reminds NOAA that the intent of this program is to
be customer-focused rather than purely in the pursuit of
science.
National Integrated Drought Information System.--The
Committee continues, at no less than the fiscal year 2019
level, funding for the National Integrated Drought Information
System (NIDIS) to support existing forecasting and assessment
programs and partnerships. The Committee encourages the
development of a soil moisture monitoring network, the
expansion of work on seasonal, sub-seasonal, and low flow water
predictions, as well as expanding the network of cooperative
institutes and other academic collaborations in these fields.
Climate Competitive Research.--The Committee rejects the
elimination of Climate Competitive Research as well as any
transfers or eliminations of activities, funds, or staff out of
this budget line proposed in the President's budget. Instead,
the recommendation includes $71,000,000 for this critical
research, which is $11,000,000 above fiscal year 2019.
Weather and Air Chemistry Research.--The Committee provides
$147,313,000 for Weather and Air Chemistry Research, which is
$11,933,000 above fiscal year 2019. The recommendation rejects
the proposals to close the Air Resources Lab and to decrease
funding for Weather and Air Chemistry Research Laboratories and
Cooperative Institutes, and instead provides no less than the
fiscal year 2019 level for each of these activities. The
recommendation also includes up to $10,000,000 for Vortex-
Southeast.
U.S. Weather Research Program.--The Committee provides
$37,400,000 for the U.S. Weather Research Program. The
recommendation approves neither the proposal to terminate the
Airborne Phased Array Radar research, nor the proposal to
reduce funding and programs within the U.S. Weather Research
Program and instead maintains the funding levels provided in
fiscal year 2019.
Infrasonic Weather Monitoring Research.--The Committee
believes that advanced infrasound signal processing
methodologies and studies have the potential to improve
forecast accuracy and encourages NOAA to continue research in
this area. The Committee consequently rejects the proposal to
terminate Infrasonic Weather Monitoring Research.
Weather Sensor Improvement Research.--Within funding
provided for the U.S. Weather Research Program, the Committee
encourages NOAA to support external research opportunities with
academic institutions to further develop and test severe
weather monitoring systems to include technologies in support
of the National Mesonet Program. Testing priority shall be
given to states most economically impacted by extreme weather.
Laboratories and Cooperative Institutes.--The Committee
provides $35,345,000 for Ocean, Coastal, and Great Lakes
Research Laboratories and Cooperative Institutes. The Committee
acknowledges that this figure appears to be slightly below the
fiscal year 2019 funding amount, but emphasizes that it is in
fact a modest increase to these underlying programs as the
recommendation shifts the $3,000,000 that is proposed for the
elimination of the Automated Unmanned Vehicle Demonstration
Testbed into the new Unmanned Systems program in the Office of
Marine and Aviation Operations. The Committee does not approve
the proposed termination of the Genomics program and instead
directs NOAA to expand this work within the increased available
base funds.
Further, the Committee expects NOAA to fully fund these
cooperative institutes at appropriate levels in future years,
including well-established institutes focused on watershed
impacts on marine and Great Lakes ecosystems, remote sensing,
and long-term monitoring of the impacts of environmental
hazards on marine and Great Lakes ecosystem health.
National Sea Grant College Program.--The Committee once
again rejects the President's proposal to eliminate the
National Sea Grant College Program. Instead, the Committee
provides an increase of $5,000,000 as compared to the fiscal
year 2019 level.
American Lobster Research.--Within increased funding for
the Sea Grant program, the Committee encourages the funding of
partnerships between State agencies, academia, and industry to
address American lobster research priorities. Research should
focus on stock resilience in the face of environmental changes,
including life history parameters, distribution and abundance,
and species interactions, with the purpose of informing future
management actions.
Marine Aquaculture Program.--The Committee recognizes the
importance of NOAA's Marine Aquaculture research and
development activities that help coastal communities maintain a
safe and sustainable local seafood supply through research and
technology transfer to support and expand America's aquaculture
industry. As such, the Committee provides $12,000,000 for
Marine Aquaculture. The Committee further encourages NOAA to
partner with Historically Black Colleges and Universities that
conduct aquaculture research to reach those urban communities
impacted by rising seafood prices.
Ocean Exploration and Research.--The Committee rejects the
requested decrease in funding for Ocean Exploration and
Research and instead provides $2,000,000 above the fiscal year
2019 amount. The Committee encourages NOAA to use not less than
$7,000,000 to fund non-profit organizations operating ocean-
going ships of exploration using tele-presence technology, and
applied exploration, to map critically important areas within
America's Exclusive Economic Zone, our territory islands, as
well as sites of submerged human history, particularly in the
Pacific.
Integrated Ocean Acidification.--The Committee is
increasingly concerned about the impacts of ocean acidification
on coastal communities and industries and therefore rejects the
proposed reduction to the Integrated Ocean Acidification
program. The recommendation instead includes $8,000,000 above
the fiscal year 2019 level for this important work. Within the
increase, NOAA shall, in partnership with academia and the
private sector, prioritize efforts at understanding,
monitoring, and mitigating coastal ocean acidification,
especially where it impacts fisheries and aquaculture.
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 currently in distress due to the impacts of ocean
acidification.
Sustained Ocean Observations and Monitoring.--The
recommendation does not adopt the requested reduction in funds
for Sustained Ocean Observations and Monitoring and instead
provides $48,500,000. Within the increase, NOAA shall expand
coverage of biogeochemical and Deep Argo floats to improve
ecological and sub-seasonal-to-seasonal weather forecasting as
well as to provide observational data on the health and state
of the ocean, particularly in the deep sea, the tropics, and
the Arctic.
Cloud Computing for Research.--The Committee supports
NOAA's transition to high performance computing on the cloud
for its research needs in OAR. The Committee provides not less
than $10,000,000 in High Performance Computing Initiatives to
prepare for this transition and to explore long-term
contracting options with vendors for these services. The
Committee further directs NOAA to develop a long-term cloud
computing strategy for its future research needs and to report
to the Committee on the strategy within 180 days of the
enactment of this Act.
National Weather Service.--The Committee recommends
$1,099,549,000 for National Weather Service (NWS), Operations,
Research, and Facilities, which is $110,251,000 above the
President's budget request. The Committee reaffirms its
commitment to the weather enterprise and the necessity of
maintaining the mission of protecting life and property within
the Federal Government. While the Committee does not oppose the
continued growth of the private weather industry, the
increasing frequency and intensity of natural disasters
epitomize the need for the public provision of this critical
information.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations............................................ $230,770
Central Processing...................................... 99,797
Analyze, Forecast, and Support.......................... 546,300
Dissemination........................................... 75,482
Science and Technology Integration...................... 147,200
===============
Total, National Weather Service, Operations, Research, $1,099,549
and Facilities.........................................
------------------------------------------------------------------------
NWS Staffing.--The Committee remains concerned about
continuing reports of staffing and management challenges within
NWS. NOAA and the Department of Commerce are directed to ensure
that NWS fulfills its critical mission to protect the lives and
property of our Nation's citizens, including by filling all
vacancies as expeditiously as possible. In its fiscal year 2020
spend plan, the NWS shall include a separate accounting of all
NWS funded positions. In fiscal year 2020, the Committee
directs NWS to continue the quarterly management, staffing, and
budget briefings first required in fiscal year 2018.
National Ice Center.--The Committee strongly supports the
National Ice Center (NIC) and the critical information it
provides to our armed forces as well as for the further
understanding of our planet. The recommendation accepts the
technical transfers to NWS to operationalize the functions of
the NIC.
Observations.--The recommendation provides $230,770,000 for
observation activities. The recommendation includes not less
than $22,000,000 for the National Mesonet Program, $15,500,000
above the request. The recommendation does not adopt the
proposed reduction to Marine Observations in support of the
tsunami mission and provides not less than the fiscal year 2019
enacted level to continue those activities. The Committee also
rejects the proposed reductions to Tropical Atmosphere Ocean
(TAO) Platform and Aircraft-based Observations Data Buy and
provides not less than the fiscal year 2019 enacted level for
each activity.
Central Processing.--The recommendation includes
$99,797,000 for Central Processing while rejecting the proposed
reduction to the Advanced Hydrologic Prediction System. The
Committee further rejects the proposal to terminate 74
Information Technology Officers who are critical to the
delivery of timely and actionable forecasts.
Analyze, Forecast, and Support.--The recommendation
includes $546,300,000 for Analyze, Forecast, and Support
activities. This level includes up to $28,000,000, but not less
than $20,000,000, to address the backlog in facilities
maintenance. The recommendation does not adopt the proposed NWS
workforce savings that would only serve to exacerbate the
staffing problems noted above. The Committee further rejects
the proposed reduction to the Office of Water Prediction as
well as the consolidation of the functions of the National
Centers for Environmental Prediction, the Climate Prediction
Center, and the Weather Prediction Center.
Tsunami Warning Program.--The Committee rejects the
proposed reduction to the Tsunami Warning Program and instead
provides not less than $1,500,000 above the fiscal year 2019
level. Further, the Committee rejects the closure of any
facilities related to the Tsunami Warning Program.
Dissemination.--The Committee provides $75,482,000 for
Dissemination Operations, Research, and Facilities, which
includes the technical transfer from Dissemination Procurement,
Acquisitions, and Construction proposed in the President's
budget.
Science and Technology Integration.--The recommendation
includes $147,200,000 for Science and Technology Integration
but approves neither the termination of COASTAL Act or of
Aviation Science Research to Operations, nor the reduction to
Numerical Weather Prediction.
National Water Center.--The Committee does not adopt the
termination of funding for Hydrology and Water Resources within
Science and Technology Integration. Instead, the recommendation
includes no less than the fiscal year 2019 level to continue
research activities to improve fine and large-scale
measurements of snow depth and soil moisture data that can be
used to expand and improve the National Water Model and
contribute directly to the mission of NOAA's National Water
Center.
Storm Surge Modeling Technology.--The Committee encourages
NOAA to continue to pursue collaborations that will improve
upon NOAA's current Sea, Lake, and Overland Surge from
Hurricanes model; and encourages NOAA to consider integrating
improved technologies into standard modeling operations for
storm surge, inland flooding, and the combination of both.
National Environmental Satellite, Data and Information
Service.--The Committee recommends $281,790,000 for National
Environmental Satellite, Data and Information Service (NESDIS),
Operations, Research, and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems
Office of Satellite and Product Operations.......... $186,790
Product Development, Readiness, and Application..... 28,500
Commercial Remote Sensing Regulatory Affairs........ 1,800
Office of Space Commerce............................ 1,800
Group on Earth Observations......................... 500
-----------------
Environmental Satellite Observing Systems............. 219,390
=================
National Centers for Environmental Information........ 62,400
=================
Total, National Environmental Satellite, Data and $281,790
Information Service, Operations, Research, and
Facilities...........................................
------------------------------------------------------------------------
Office of Satellite and Product Operations.--The
recommendation includes $186,790,000 for the Office of
Satellite and Product Operations, which includes the proposed
transfer of funds associated with the operationalizing of
functions in the Polar Weather Satellites and the Low Earth
Orbit programs in the Procurement, Acquisition, and
Construction account.
Office of Space Commerce.--The Committee rejects the
proposal to transfer the functions of the Office of Space
Commerce and Commercial Remote Sensing Regulatory Affairs and
instead maintains their funding within NOAA NESDIS.
National Centers for Environmental Information (NCEI).--The
Committee recommends $62,400,000 for NCEI, which includes not
less than $4,000,000 for Regional Climate Centers despite the
proposal to terminate them.
Mission Support.--The recommendation includes $294,666,000
for Mission Support, Operations, Research, and Facilities.
MISSION SUPPORT
OPERATIONS, RESEARCH, AND FACILITIES
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support
Executive Leadership.................................. $28,305
Mission Services and Management....................... 154,712
IT Security........................................... 15,079
Payment to DOC Working Capital Fund................... 62,070
---------------
Mission Support Services................................ 260,166
===============
Office of Education
B-WET Regional Programs............................... 9,000
Educational Partnership Program with Minority Serving 20,000
Institutions.........................................
NOAA Education Program Base........................... 5,500
---------------
Office of Education..................................... 34,500
===============
Total, Mission Support, Operations, Research, and $294,666
Facilities.............................................
------------------------------------------------------------------------
Sexual Assault and Sexual Harassment.--The Committee is
highly concerned by the threat of sexual assault and sexual
harassment faced by individuals in the workplace, especially
those in nontraditional work settings such as NOAA research
vessels or private fishing vessels. The Committee recognizes
the efforts made by NOAA in addressing these threats and
directs no less than $1,000,000 from the funding provided for
Mission Services and Management for continued efforts to reduce
these risks and to provide assistance and counseling to
victims.
Office of Education.--The Committee rejects all of the
proposed cuts to the Office of Education and believes the
enactment of these proposals would do great harm to the future
of oceanic and atmospheric sciences. The Committee recognizes
that the changing climate and increasing degradation of our
environment will necessitate greater future investments in
these scientific fields and their corresponding workforces.
Consequently, the recommendation includes $34,500,000 for
NOAA's Office of Education, an increase of $6,000,000 above the
fiscal year 2019 enacted level, which includes continued
support for Environmental Literacy Grants and for improving
geographic literacy. Of this amount, $20,000,000 is provided to
continue the Educational Partnership Program with Minority
Serving Institutions, and $9,000,000 is provided to continue
the Bay-Watershed Education and Training (B-WET) regional
programs. NOAA is also encouraged to engage students in live,
interactive programming using telepresence technology.
Office of Marine and Aviation Operations (OMAO).--The
recommendation includes $247,859,000 for the Office of Marine
and Aviation Operations, Operations, Research, and Facilities.
The Committee appreciates the clear and concise regular
briefings provided by OMAO's leadership and encourages them to
continue with the same frequency and detail as in fiscal year
2019. Further, the Committee has found the NOAA Fleet Plan to
be very useful in considering the future needs for NOAA's ships
and looks forward to receiving a corresponding future-looking
fleet plan for NOAA's aircraft.
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..................... $195,547
Aviation Operations and Aircraft Services............. 37,250
Unmanned Systems Operations........................... 15,062
===============
Total, Office of Marine and Aviation Operations, $247,859
Operations, Research, and Facilities...................
------------------------------------------------------------------------
Marine Operations and Maintenance.--The recommendation
provides $195,547,000 for Marine Operations and Maintenance.
Within this amount, no less than $3,125,000 is provided to
mitigate any loss of mission integrity due to unexpected ship
failures, including by chartering days at sea with non-NOAA
vessels and other measures, as appropriate.
Monitoring of Atmospheric Rivers.-- Improving understanding
of atmospheric rivers is critical to preparing for concentrated
rain storms and flooding along the U.S. West Coast. Therefore,
within the amount provided for Aviation Operations and Aircraft
Services, the Committee provides no less than $1,500,000 for
use of airborne assets to conduct winter storm observations to
better observe and predict these extreme weather events.
Unmanned Systems Operations.--The Committee supports NOAA's
proposal to establish a centralized program for Unmanned
Systems Operations (UxS), as authorized by the CENOTE Act of
2018 (Public Law 115-394). In support of these efforts, the
Committee accepts the closure of the Unmanned Aircraft Systems
Program and the termination of the Autonomous Underwater
Vehicle Demonstration Testbed. In lieu of these programs, the
Committee provides $10,397,000 above the request within the
Office of Marine and Aviation Operations, Unmanned System
Operations, to support these activities under this new
management structure and directs NOAA to prioritize operations
and research for unmanned systems in consultation with the UxS
Executive Oversight Board, including OAR. Further, within these
funds, the Committee provides not less than $2,000,000 for the
competitive acquisition of unmanned systems data as a cost-
effective augmentation to NOAA's observational suite.
PROCUREMENT, ACQUISITION, AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$1,509,000,000 for Procurement, Acquisition, and Construction
(PAC), of which $1,496,000,000 is appropriated from the general
fund and $13,000,000 is derived from recoveries of prior year
obligations.
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...... $3,000
Marine Sanctuaries Construction....................... 5,000
---------------
Total, NOS-PAC.......................................... 8,000
===============
Office of Oceanic and Atmospheric Research
Research Supercomputing/CCRI.......................... 49,000
===============
National Weather Service
Observations.......................................... 21,129
Central Processing.................................... 67,000
Dissemination......................................... 10,000
Weather Forecast Office Construction.................. 15,000
---------------
Total, NWS-PAC.......................................... 113,129
===============
National Environmental Satellite, Data and Information
Service
GOES R................................................ 304,056
Space Weather Follow-on............................... 38,600
Polar Weather Satellites.............................. 755,038
CDARS................................................. 14,850
Low Earth Orbit (LEO)................................. 33,202
Geostationary Earth Orbit (GEO)....................... 25,219
System Architecture and Engineering (SAE)............. 44,822
Satellite CDA Facility................................ 2,450
---------------
Total, NESDIS-PAC....................................... 1,218,237
===============
Mission Support
NOAA Construction..................................... 21,000
===============
Office of Marine and Aviation Operations
Fleet Capital Improvements and Technology Infusion.... 24,634
New Vessel Construction............................... 75,000
---------------
Total, OMAO-PAC......................................... 99,634
===============
Total, Procurement, Acquisition, and Construction....... $1,509,000
------------------------------------------------------------------------
National Ocean Service Construction.--The Committee does
not adopt the proposal to reduce funding for construction
within the National Ocean Service. The recommendation includes
$3,000,000 for National Estuarine Research Reserve Construction
and $5,000,000 for Marine Sanctuaries Construction.
Research Supercomputing.--The Committee recognizes the
importance of supercomputing capacity to further research
efforts regarding weather and climate modeling and therefore
recommends $49,000,000 for OAR Research Supercomputing, which
is $23,000,000 above the request.
National Weather Service Observations.--The Committee
rejects the proposed reductions to Observations under National
Weather Service PAC and provides not less than the fiscal year
2019 enacted levels for the Service Life Extension Program for
Next Generation Weather Radar and the Service Life Extension
Program for the Automated Surface Observing System.
Integrated Water Prediction.--The Committee provides
$67,000,000 for Central Processing under National Weather
Service PAC, which includes not less than the fiscal year 2019
level for Integrated Water Prediction High Performance
Computing as well as Research and Development High Performance
Computing.
Quarterly Satellite Reports.--The Committee directs the
Department of Commerce to continue to provide oversight of
NOAA's satellite programs as directed in fiscal year 2019. NOAA
shall also continue to provide quarterly briefings to the
Committee on all NOAA satellite programs not later than 30 days
after the end of each quarter. These briefings shall include
the status of obligations for each program, including
spacecraft, launch vehicle, 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.
Space Weather Follow-On.--The recommendation includes
$38,600,000 for Space Weather Follow-On and directs NOAA to use
the amount above the request to support the GOES-U Integration.
Commercial Data.--The Committee provides the requested
levels of funds for both the Commercial Weather Data Pilot and
the Commercial Data Purchase in support of NOAA's efforts to
develop alternative sources of environmental data.
New Vessel Construction.--The Committee provides
$75,000,000, as in prior fiscal years, for New Vessel
Construction and thereby affirms its commitment to NOAA's Fleet
Recapitalization Plan. The Committee expects that NOAA will
ensure that these new vessels facilitate the reduction of gaps
in mission coverage as current ships fall into disrepair or are
decommissioned. During the recapitalization process, NOAA is
encouraged to evaluate its fleet plan regularly and consider
whether there are cost-effective alternatives such as vessel
leasing for meeting NOAA's mission requirements.
PACIFIC COASTAL SALMON RECOVERY
The Committee rejects the proposed termination of Pacific
Coastal Salmon Recovery and recommends $65,000,000 for this
program. 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 from States.
FISHERMEN'S CONTINGENCY FUND
The Committee recommends $349,000 for the Fishermen's
Contingency Fund, which is the same as fiscal year 2019. 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.
FISHERY DISASTER ASSISTANCE
The Committee rejects the elimination of Fishery Disaster
Assistance in the President's budget and provides $15,000,000
to address fisheries disasters declared by the Secretary of
Commerce.
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
The Committee recommends $74,143,000 for Departmental
Management, $21,601,000 below fiscal year 2019 and $61,107,000
below the request. This amount includes funds for Departmental
Salaries and Expenses, Renovation and Modernization, and the
Office of Inspector General.
The Committee reminds the Department that oversight of
Commerce operations and budget through requests for
information, briefings, and hearings are critical to ensuring
that the Committee puts forward a well-informed recommendation
for the fiscal year. Any action that hinders the Committee's
ability to carry out its oversight authorities, such as the
Secretary's unwillingness to testify before the Committee on
its annual budget request, is unacceptable. The recommendation
does not include the transfer of the Office of Space Commerce
to the Office of the Secretary and assumes further savings in
certain departmental services identified in the President's
budget request related to miscellaneous expenses. Further, bill
language has been included under Salaries and Expenses
withholding $15,000,000 from expenditure until the submission
of the Census Bureau's annual CEDCaP spend plan.
While the Committee supports the Department taking steps to
begin the modernization of its financial systems, the
recommendation does not include the requested funding. The
Committee supports such initiatives but requires additional
insight into the multi-year requirements and costs for such
acquisitions prior to providing a down payment on such longer-
term activities and directs the Department to provide the
Committee with the full life cycle cost including project
schedule and milestones with a quarterly breakdown by fiscal
year no later than 45 days after enactment of this Act.
As the Department looks to modernize and consolidate its
financial system it is further directed to evaluate how it can
standardize its appropriations and periods of availability
(POAs) across the Department for more consistent planning,
programming, budgeting, and execution across appropriations and
report to the Committee no later than 180 days after enactment
of this Act. In in the absence of justifications that clearly
articulate a multi-year requirement, the Committee recommends
agencies clearly articulate any multi-year requirements in
accounts that are largely driven by annual salaries and
expenses in future budget justifications.
SALARIES AND EXPENSES
The Committee recommends $40,000,000 for Departmental
Management, Salaries and Expenses, $23,000,000 below fiscal
year 2019 and $39,107,000 below the fiscal year 2020 request.
Within the amounts provided the Committee supports the
Department's Continuity of Operations (COOP) and Continuity of
Government (COG) efforts to ensure an agile national security
response and includes $2,300,000 for the related technology as
well as $1,185,000 above the request for the operations and
maintenance for these mission critical systems. Further, the
Committee supports the Department's requested staffing
increases for the Offices of Security, Privacy, and Budget as
well as the Office of General Counsel's case management system.
Federal Data Service.--The Committee is concerned that the
Department continues to fund the Under Secretary for Economic
Affairs within BEA with no long-term funding strategy for
either the Under Secretary's office or the Federal Data Service
for which funding is requested both under BEA and the Bureau of
the Census. The Department is directed to report on these plans
no later than 90 days after enactment of this Act.
Modernizing economic statistics in Puerto Rico.--The
Committee directs the Department to continue its efforts to
help the government of Puerto Rico to modernize its economic
statistics programs, and commends the Department, through the
BEA, for initiating efforts to calculate GDP for Puerto Rico,
just as BEA currently does for every other U.S. jurisdiction.
The Committee further directs the Department to work toward the
inclusion of all U.S. territories--alongside the 50 States and
the District of Columbia--in BEA's national level GDP
estimates, which will require the territory-level GDP data to
meet BEA's quality standards. The Committee urges BEA to
produce quarterly economic surveys for the territories and
personal income statistics. The Department shall report back to
the Committee on these efforts--both of which were recommended
by the Congressional Task Force on Economic Growth in Puerto
Rico--90 days after the enactment of this Act.
Interstate Commerce.--The Committee has heard concerns
about the Electronic Export Information (EEI) requirement
located in 15 CFR Part 30, which mandates reporting for certain
goods between the States and Puerto Rico and the U.S. Virgin
Islands. The Committee directs the Department to work in
coordination with the governments of Puerto Rico and the U.S.
Virgin Islands, as well as other Federal agencies and
stakeholders, to identify alternative data sources that provide
equivalent statistics on the shipments of goods among the
territories and the States to achieve the same statistical
objectives, while reducing the impact on commerce, and report
their findings and implementation plans to the Committee not
later than 90 days after enactment of this Act.
Outdoor Recreation Satellite Account.--Last year, BEA
reported that outdoor recreation represents 2.2 percent of the
total GDP and contributes $734 billion annually to the U.S.
economy. The Committee recognizes that a wide range of
Federally-funded programs support the outdoor recreation sector
such as the Nation's land and waterways management, access, and
conservation, and the Federal Government allocated a little
over $20 billion from 2012 through 2016 towards these
activities. The Committee directs the Department of Commerce,
in coordination with the agencies of the Federal Recreation
Council, to continue its efforts to further improve on the
collection of this data and the feasibility of identifying
amounts allocated prior to fiscal year 2012. The Department is
directed to report its findings to the Committee and to GAO
within 180 days of enactment of this Act.
Regional Biosecurity Plan.--The Secretary of Commerce shall
submit a report alongside its annual budget justifications
describing the activities of the Department during the prior
fiscal year to implement the Regional Biosecurity Plan for
Micronesia and Hawaii--a strategic plan developed jointly by
the Department and other Federal and non-Federal entities to
prevent and control the introduction of invasive species in the
U.S. Pacific region. The report shall include an update of
Departmental activities to support implementation and next
steps and planned activities, including estimated funding
requirements for the subsequent fiscal year.
RENOVATION AND MODERNIZATION
The Committee recommends $1,100,000 for the salaries and
expenses needed to continue the operation of the renovation
project. As part of the Department's overall effort to evaluate
how to best standardize its appropriations, it is recommended
that future salaries and expenses for all personnel funded
within Renovation and Modernization instead be funded under
Departmental Management, Salaries and Expenses.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $33,043,000 for the Office of
Inspector General (OIG), which includes the requested transfers
for oversight activities. The Committee expects the OIG to
continue its oversight work on cybersecurity, satellite
procurements, telework, patent quality, and the 2020 Decennial
Census.
General Provisions--Department of Commerce
The Committee recommends the following general provisions
for the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials designated by the
Secretary that such payments are considered to be in the public
interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for services,
and for uniforms and allowances as authorized by law.
Section 103 requires notification to the Committee of
certain actions. The Committee expects notifications for all
capital asset disposals with an initial purchase price greater
than $2,000,000.
Section 104 extends congressional notification requirements
for NOAA satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of needed resources, with the consent
of those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain activities.
Section 109 authorizes NOAA to receive payments from other
entities to defray some costs of permitting and regulatory
activities.
Section 110 provides authority for the programs of the
Bureau of Economic Analysis and the Bureau of the Census to
enter into cooperative agreements in order to assist in
improving statistical methodology and research.
Section 111 includes travel authority for the Office of the
Secretary of Commerce.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The Committee recommends $114,740,000 for Department of
Justice, General Administration, Salaries and Expenses, which
is $1,740,000 above fiscal year 2019 and the same as the
request. The Committee has provided separate funding
recommendations by decision unit as follows:
Department Leadership................................. $16,189,000
Intergovernmental Relations/External Affairs.......... 10,414,000
Executive Support/Professional Responsibility......... 15,337,000
Justice Management Division........................... 72,800,000
-----------------
Total, Salaries and Expenses...................... $114,740,000
Cold Case Investigations.--The Attorney General is directed
to make full use of his authority to support and carry out the
objectives of Public Law 115-426, the Civil Rights Cold Case
Records Collection Act of 2018. In addition, the bill includes
not less than $13,500,000 in additional funding for the
Criminal Section of the Civil Rights Division, the Civil Rights
Unit of the Federal Bureau of Investigation, the Community
Relations Service, and in grant assistance to implement the
Emmett Till Unsolved Civil Rights Crimes Reauthorization Act.
Federal law enforcement resources in the U.S. Caribbean.--
The Committee has serious concerns about the high levels of
violent crime in Puerto Rico and the U.S. Virgin Islands, where
homicide rates are significantly above the national average,
and most violent crimes are linked to narcotics trafficking in
the Caribbean. The Committee directs the Attorney General to
prioritize law enforcement personnel and resources to address
such violent crime, and to report not later than 90 days after
the enactment of this Act on current or planned efforts by the
Department to prevent, reduce, and address violent crime in
Puerto Rico and the U.S. Virgin Islands.
Emmett Till Unsolved Civil Rights Crimes Reauthorization
Act of 2016.--The Committee fully supports the goals of the
Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of
2016 (Public Law 114-325) to investigate and prosecute
previously unresolved civil rights era ``cold case'' murders
suspected of having been racially motivated. This effort
involves a partnership among the Criminal Section of the Civil
Rights Division (CRT), the Civil Rights Unit of the Federal
Bureau of Investigation (FBI), the Community Relations Service
(CRS), State and local law enforcement officials, and other
eligible entities. The Committee includes additional funding as
authorized for the CRT Cold Case Initiative, for the FBI to
pursue Emmett Till Act cold cases; and for CRS to partner with
law enforcement agencies and communities to help resolve
conflicts resulting from the investigation of unsolved civil
rights era cases. Additionally, the Committee directs the
National Institute of Justice, the Bureau of Justice
Assistance, and the Office for Victims of Crime to continue
providing grants for cold case DNA investigations to aid State
and local law enforcement agencies in their investigation and
prosecution of unsolved civil rights cold cases. The Department
shall include, as part of its annual spending plan, details on
actual and projected spending, by agency and appropriation, to
carry out the Emmett Till Act.
School to prison pipeline.--The Committee is concerned with
the school-to-prison pipeline and believes the Department of
Justice should take a more aggressive approach to disrupt it.
The Committee encourages the Department to consider the role it
can play in this and directs it to report not later than 180
days after the enactment of this Act on ways in which the
Department could partner with relevant stakeholders in
government and in the private sector to address this issue.
Expungement.--The Committee recognizes the challenges
facing ex-offenders undergoing reentry into society. In
previous administrations, the Justice Department has pledged to
publish information on ways to reduce unnecessary barriers to
reentry by connecting the reentering population with legal
services to overcome obstacles such as fines and criminal
records expungement. The Committee directs the Justice
Department to report not later than 180 days after enactment of
this Act on ways to expand the Smart on Crime and similar
programs to assist non-violent offenders with record
expungement.
Intellectual property rights (IPR) enforcement.--The
Committee expects the Department to continue to make IPR
enforcement an investigative and prosecutorial priority. A new
element of criminal copyright infringement enterprises involves
devices and software that connect televisions directly to
copyright-theft sites. The Department shall submit a report,
not later than 120 days after enactment of this Act, on its
investigation and prosecution of criminal enterprises engaged
in IPR cases, particularly in creative content theft and
copyright enforcement actions, such as the use of illegal
streaming technology.
Real estate wire fraud.--The Committee is aware of the
growing problem of so-called ``wire fraud'' or ``business e-
mail fraud'' in real estate transactions. In a July 2018 public
service announcement, the FBI said such crime targets both
businesses and individuals performing wire transfer payments
and resulted in over $12.5 billion in losses between 2013 and
2018, with the scam being reported nationwide and in 150
countries. The Committee directs the Department to submit a
report not later than 90 days after enactment of this Act,
describing its ongoing activities to both combat and raise
awareness of wire fraud in real estate transactions.
Additionally, the report should detail any joint activities to
counter such fraud that the Department conducts with relevant
Federal agencies. Finally, the report should make
recommendations to Congress for new legislative authority or
increased funding that would help these efforts.
Working capital fund and non-appropriated fund budget
requests and spending plans.--The Committee directs the
Department to continue to include with their budget submissions
and expenditure plans detailed breakouts of non-appropriated
funding sources, as directed in the fiscal year 2019
Appropriations Act, and to continue quarterly reports on the
collections, balances, and obligations of such funds.
User Activity Monitoring (UAM).--The Committee understands
that the Justice Management Division (JMD) conducted a
successful pilot in 2018 to determine whether replacing
ineffective, legacy network monitoring and data loss prevention
tools with Modern UAM could help it better identify compromised
insiders. The Committee encourages the Department to undertake
a competitive process to develop and deploy a new UAM, both for
its own environment and with the potential to offer the
capability as a service to smaller DOJ components.
Domestic violence and mass shootings.--The Committee
directs the Attorney General to undertake a study on the
feasibility of using an individual's history of domestic
violence to determine the likelihood of such individual
committing a mass shooting and submit a report to the Committee
on its findings not later than one year after enactment of this
Act.
NICS denial notification.--The Committee recognizes the
value in notifying State and local law enforcement when
prohibited individuals fail a background check in an attempt to
make an illegal firearm purchase. The Committee therefore
directs the Attorney General to report to State authorities
when the National Instant Criminal Background Check System
(NICS) provides a notice pursuant to 18 U.S.C. 922(t) that the
receipt of a firearm in their State or by a potential purchaser
residing in their State would violate 18 U.S.C. 922(g) or (n)
or State law, and, where practicable, to report the same to
appropriate local law enforcement authorities and State and
local prosecutors. Reports should be made within 24 hours after
the provision of notice, except that reporting may be delayed
if needed to avoid compromising an ongoing investigation.
Reports shall state the specific provisions of law that would
have been violated by such a receipt or purchase, the date and
time the notice was provided, the location where the firearm
was sought to be received or purchased, and the identity of the
person. No such report need be made to the same State
authorities who provided the notice.
Office of Legal Counsel (OLC) opinions.--Not later than 90
days after enactment of this Act, the Department shall submit a
report to the Committee that lists each OLC opinion currently
in effect that has either been: designated by the Attorney
General or his designee as final; followed by government
officials or government contractors; relied upon to formulate
current legal guidance; or cited in another final Office of
Legal Counsel opinion. For each such opinion, the Department
shall include: (1) the signer of the opinion; (2) the recipient
identified in the opinion; (3) the date of issuance; and (4)
the title of the opinion, subject only to redactions provided
for by law and where the need to protect a specific interest
outweighs the public interest in disclosure.
Unintentional firearm discharges.--Unintentional firearm
discharges present risks including death, injury, liability,
and negative community relations. The Committee encourages the
Department to identify and report to the Committee on ways to
physically mitigate the unintentional discharge of firearms,
particularly standard-issue rifles, such as by protecting the
trigger well of firearms in a way that does not impede the
purposeful use of the firearm.
Pet and Women Safety.--The Committee directs the Attorney
General to enter into consultations with the Secretary of
Agriculture as soon as possible, and enter into any memoranda
of understanding as directed, in order to establish during
fiscal year 2020 the requirements for grant application and
execution under Section 12502 of P.L. 115-334, the Agriculture
Improvement Act of 2018, to provide emergency and transitional
shelter options for domestic violence survivors with companion
animals.
Female genital mutilation.--The Committee directs the
Department to submit, not later than 90 days after enactment of
this Act, an update of its fiscal year 2018 FGM report, to
include its investigations and prosecutions, as well as
outreach, education and training with a focus on community- and
survivor-centered responses to prevent and respond to incidents
of FGM/C.
Cyber fraud.--Cyber fraud and related cyber-enabled crimes
pose a severe threat to the national security and economic
vitality of the United States. Because of the unique nature of
cybercrime, it is very difficult for law enforcement to respond
to and prosecute cybercrime in a timely manner, leading to the
current low level of deterrence and a rapidly growing threat.
The Committee directs the Department of Justice and other
relevant agencies to work with the private sector to establish
best practices for active cyber defense techniques to better
defend American companies from cyberattack.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $33,875,000 for Justice
Information Sharing Technology, which is $1,875,000 above
fiscal year 2019 and the same as the request. The Committee
includes funding as requested for the Joint Security Operations
Center (JSOC), a critical cybersecurity investment, and expects
the Department will use recovered balances from prior year
obligations or use its discretionary transfer authority to meet
any other needs for information technology transformation and
cybersecurity, subject to the reprogramming procedures included
in this Act.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $672,966,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is
from immigration examination fees. The recommendation is
$109,559,000 above fiscal year 2019 and the same as the
request. The recommendation will support the hiring of up to
100 additional immigration judges (IJs) and provide additional
support staff and associated facilities.
The Committee was disappointed by the announcement made by
EOIR on March 6, 2019, that serious budget constraints in
fiscal year 2019 would impede the agency's work of hiring new
immigration judges, training staff, acquiring new space, and
investing in information technology upgrades. The Committee was
not made aware of these budget concerns by the Department prior
to the announcement. The Committee expects to be kept up to
date regarding unexpected budgetary shortfalls in the future
and expects EOIR to be more forthcoming in the future.
Interpreters.--The Committee recognizes that increasing
numbers of respondents in immigration courts require the use of
interpretation, but EOIR continues to struggle to obtain
sufficient interpreters, including for rare languages such as
indigenous dialects. The Committee understands that there is a
potential budgetary impact for costs associated with these
interpretation issues. The Committee is aware of reports that
the Department has recently instructed immigration judges to
order only one interpreter per morning and afternoon hearing
session resulting in rescheduling and delays in hearings, and
that respondents who speak rare languages are often forced to
proceed with removal hearings in languages they do not speak
fluently or have their cases delayed because the immigration
court cannot obtain an interpreter. The Committee directs EOIR
to provide the Committee, within 90 days of enactment, a plan
to ensure appropriate language access for all respondents,
including indigenous language speakers, noting any resource
needs. Within 90 days of enactment of this Act, and quarterly
thereafter, the Committee directs EOIR to report the number of
continuances or adjournments issued for reasons related to
interpretation, as well as whether the respondent was detained
at the time of the continuance. The Committee further directs
EOIR to submit a report, jointly with the Department of
Homeland Security (DHS) and within 180 days of enactment,
identifying opportunities for sharing of interpretation
resources between DHS and EOIR, particularly for rare
languages.
Legal Orientation Program (LOP).--For the LOP and related
activities the recommendation includes $25,000,000, of which
$3,000,000 is for the Immigration Court Helpdesk (ICH) program.
The LOP improves the efficiency of court proceedings, reduces
court costs, and helps ensure fairness and due process. The
Committee directs the Department to continue LOP without
interruption, including all component parts, including the
Legal Orientation Program for Custodians of Unaccompanied
Children (LOPC) and the ICH. The recommended funding will allow
for the expansion of LOP and ICH to provide services to
additional individuals in immigration court proceedings. The
Committee supports access to LOP and ICHs and directs EOIR to
evaluate the funding required and timeline necessary to allow
expansion into all detention facilities and immigration courts.
EOIR is directed to report the results of this evaluation to
the Committee no later than 90 days after enactment of this
Act.
Legal Representation.--The Committee is concerned with the
low rate of representation in immigration court and the
recommendation provides $10,000,000 in State and Local Law
Enforcement Assistance for competitive grants to qualified non-
profit organizations for a pilot program to increase
representation.
Immigration case quotas.--The Committee is aware of EOIR's
new review standards that went into effect October 1, 2018,
which require immigration judges to complete a quota of 700
case completions per year to receive a satisfactory review.
Although the Committee appreciates the effort to reduce the
backlog, the Committee remains concerned that case quotas will
threaten due process and affect judicial independence. Section
218 of the bill will prohibit EOIR's use of case completion
quotas for immigration judge performance reviews.
Immigration judges.--For several years, the Committee has
been concerned with the slow pace of hiring immigration judges
and the unacceptable amount of time it takes to resolve
immigration cases. The Committee understands that the
Department is working to accelerate the hiring process and is
deploying additional resources to those areas with the highest
workload, such as the southwest border. EOIR shall hire the
most qualified IJs from a diverse pool of candidates that
includes a balance of candidates with non-governmental, private
bar experience, and government experience. The Committee
directs EOIR to continue to submit monthly reports on
performance and IJ hiring and shall also include information
regarding IJs who are temporarily deployed away from their
permanent courtrooms, noting the permanent and temporary duty
stations of each IJ and the length of such temporary duty
assignments. In addition, EOIR shall continue to publish
statistics regarding workloads, including those related to the
number of cases where visa overstay is a relevant factor and
the median days pending for both detained and non-detained
cases.
Immigration Efficiency.--EOIR is encouraged to collaborate
with the Department of Homeland Security (DHS) to explore
efficiencies with regard to the co-location of DHS and DOJ
components with immigration related responsibilities, including
immigration courts, DHS asylum officers, medical care
practitioners, and both Customs and Border Protection and
Immigration and Customs Enforcement (ICE) immigration officers.
Alternatives to detention (ATD) program.--The Committee
directs EOIR to increase the priority of individuals enrolled
in the Immigration and Customs Enforcement ATD program. Many
ATD enrollees will be terminated from the program due to the
enormous volume of pending cases on EOIR's non-detained docket
schedule. EOIR should coordinate with DHS to ensure that
individuals are appropriately identified and scheduled in an
expedited ATD docket. The Committee directs EOIR to submit a
report on the efforts to the Committee within 90 days of
enactment of this Act.
Video teleconferencing.--The Committee is concerned about
EOIRs rapid expansion of video teleconferencing (VTC),
especially its increased use of VTC in individual merits
hearings for vulnerable populations including family units. The
Committee directs EOIR to limit the use of VTC to non-
determinative proceedings to the extent practicable. EOIR shall
make publicly available all policies and procedures related to
EOIRs use of VTC, including policies and procedures for EOIR's
new immigration adjudication centers, and provide quarterly
reports to the Committee on the number and type of hearings
conducted by VTC, including data on appeals related to the use
of VTC and the number of in-person hearing motions filed.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $105,500,000 for the Office of
Inspector General (OIG), $4,500,000 above fiscal year 2019.
This amount fully funds the fiscal year 2020 request,
adjustments necessary to sustain current services, and the
enhancements requested for data analytics and the cyber
investigation office.
United States Parole Commission
SALARIES AND EXPENSES
The Committee recommends $13,308,000 for the United States
Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends $934,600,000 for General Legal
Activities. Within the total provided, the Committee includes
$5,000,000 for the Criminal Section of the Civil Rights
Division to implement the Emmett Till Unsolved Civil Rights
Crimes Reauthorization Act of 2016. Funding is also included to
fund requested positions to strengthen consumer protection
enforcement, and funding is continued at not less than the
fiscal year 2019 level to sustain Office of International
Affairs (OIA) operations and its Mutual Legal Assistance Treaty
reforms.
The Committee has provided separate funding recommendations
by office and decision unit as follows:
Office of the Solicitor General....................... $12,488,000
Tax Division.......................................... 114,931,000
Criminal Division..................................... 197,387,000
Civil Division........................................ 299,538,000
Environment and Natural Resources Division............ 109,552,000
Office of Legal Counsel............................... 7,989,000
Civil Rights Division................................. 153,588,000
INTERPOL.............................................. 34,444,000
Office of the Pardon Attorney......................... 4,683,000
-----------------
Total, General Legal Activities................... $934,600,000
Civil Rights Division.--Not later than 90 days after
enactment of this Act, and annually thereafter, the Department
shall submit to the Committee a report detailing: the number of
investigations opened in each section of the Civil Rights
Division; the number of suits filed in Federal court by each
section of the Civil Rights Division; and the number of cases
that reached a final disposition (settlement, consent decree,
or judgment) by each section of the Civil Rights Division. For
each case, the report should indicate the animating statute and
type of case the Division brought (for instance, if the case
was brought under the Civil Rights Act, then the information
should detail what type of claim and what Title the claim was
brought under). The Department shall detail the number of cases
appealed, and the type of case and claim involved. Lastly, the
report shall include the number of current staff (and the
specific number of attorneys) assigned to each section of the
Civil Rights Division for each time period.
Consent decrees.--The Committee notes the importance of the
Department of Justice's obligation to enforce settlements and
consent decrees negotiated under civil rights statutes,
including but not limited to the Civil Rights Act of 1964, the
Voting Rights Act of 1965, the Fair Housing Act of 1968, and
the pattern or practice investigations provisions under the
Omnibus Crime Control and Safe Streets Act of 1968 and the
Violent Crime Control and Law Enforcement Act of 1994. The
Committee directs the Department to enforce vigorously all
consent decrees negotiated under any civil rights statute and
directs the Department to report not later than 90 days after
enactment of this Act on the status of its enforcement efforts.
Impact of Shelby County v. Holder.--The Committee is
concerned that as a result of the Supreme Court's decision in
Shelby County v. Holder, the Civil Rights Division has had to
undertake resource-intensive litigation in order to fulfill its
responsibility under the Voting Rights Act to ensure equal
access to elections regardless of race, ethnicity, and
linguistic ability. The Committee directs the Department to
report to the Committee not later than 90 days after enactment
of this Act on how the Shelby County decision has affected the
ability of the Voting Section to enforce Federal voting laws,
including its ability to adequately monitor and ensure the fair
administration of the 2020 Presidential election.
Fair housing enforcement.--The Committee is deeply
concerned about the adequacy of the Department's enforcement of
racial discrimination provisions of the Fair Housing Act of
1968 (FHA), and directs the Department to report to the
Committee not later than one year after enactment of this Act
on FHA racial discrimination cases brought between fiscal years
2015 and 2020. This report shall list the number of Department
of Housing and Urban Development housing discrimination case
referrals received, the number of lawsuits filed, the number of
consent decrees signed, and the number of any other settlement
agreements entered into by the Department for FHA enforcement
over this period. This report shall also identify funding and
staffing that the Department devoted to disparate impact
enforcement cases during this period.
Section 203 compliance.--The Committee appreciates
receiving the Department's 2017 and 2018 report on compliance
with Section 203 of the Voting Rights Act and reiterates the
importance of enforcing the language assistance provisions of
the Voting Rights Act on behalf of the covered language
minorities. The Committee believes data about such enforcement
efforts should be publicly available, recognizing that the
Voting Section of the Civil Rights Division of the Department
of Justice has investigated and come to agreements with several
counties to bring them into compliance with Section 203 of the
Voting Rights Act. The Committee directs the Department to
include in its fiscal year 2021 budget request an update of
that report for fiscal year 2019, to include the number of
Section 203 cases investigated, broken down by language(s)
involved; the number of investigations opened and number
closed, by reason closed (e.g., not enough evidence of non-
compliance available, no evidence of non-compliance, etc.); the
average number of Section 203 investigations per attorney; and
the average length of time per Section 203 investigation.
Elder justice.--The Committee recognizes the harmful impact
of elder fraud, including but not limited to telemarketing,
mass-mail, and tech-support fraud schemes. The Committee
encourages the Consumer Protection Branch of the Civil Division
to redouble its efforts to deter, investigate, and prosecute
individuals and entities responsible for elder fraud and abuse,
and has included the requested funding increase for consumer
protection and fraud investigation.
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.
Global Magnitsky Human Rights Act.--The Committee
encourages the Department to hire additional personnel in the
Criminal and Civil Divisions to increase the Department's
ability to assemble and vet the large number of case files of
individuals and entities subject to Global Magnitsky sanctions
under Public Law 114-328, Subtitle F.
Animal Fighting.--Animal fighting is a crime that causes
undue suffering to animals and is linked to violent criminal
gangs and drug trafficking. The Environment Crimes Section
(ECS) of the Environment and Natural Resources Division (ENRD)
has responsibility within the Department for criminal
prosecutions arising from Federal animal protection laws,
including enforcement of animal fighting statutes 7 U.S.C. 2156
and 18 U.S.C. 49. However, the Committee is concerned that the
Department has not made it a priority to enforce animal welfare
crimes. It therefore directs the Department to report not later
than 180 days after enactment of this Act on steps ENRD is
taking to enforce animal fighting statutes and other animal
welfare crimes in the States and U.S. territories; how ENRD
measures its performance of this responsibility; and how the
Department coordinates its efforts with the U.S. Department of
Agriculture's Office of Inspector General on enforcement of
such laws.
VACCINE INJURY COMPENSATION TRUST FUND
The recommendation includes $13,000,000, as requested, as a
reimbursement from the Vaccine Injury Compensation Trust Fund
for the 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 $166,755,000 for salaries and
expenses of the Antitrust Division, $1,778,000 above fiscal
year 2019 and the same as the request. The recommended funding
level is offset by $141,000,000 in estimated fee collections
for a net direct appropriation of $25,755,000.
Generic pharmaceutical antitrust.--The Committee is aware
of a Federal Trade Commission study showing that some
pharmaceutical companies use anticompetitive, pay-for-delay
patent settlements that cost consumers $3.5 billion in higher
drug costs every year by restricting access to effective and
less expensive generic drugs. The Committee encourages the
Antitrust Division to pursue antitrust cases against such
companies and directs the Department to report not later than
120 days after enactment of this Act on the funding and full-
time equivalent staffing it devoted to such generic drug
pharmaceutical antitrust investigations and litigation for
fiscal year 2018 and planned for fiscal years 2019 and 2020.
The report should also include the actual and expected numbers
of consent decrees, cases filed, and out of court settlements
resulting from such efforts.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The Committee recommends $2,329,800,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, which is $117,800,000 above fiscal year
2019 and $75,259,000 above the request. The increase is
provided to sustain hiring and program operations funded in
fiscal year 2019 to meet rising workload for the investigation
and prosecution of terrorism, and other serious crime such as
drug trafficking and cybercrime, and includes increases of $5.8
million for violent crime and $4.3 million for opioid
trafficking investigations and prosecutions.
The Committee recommendation includes $1,747,080,000 for
criminal litigation; $553,329,000 for civil litigation; and
$29,391,000 for legal education.
Human trafficking.--The recommendation continues bill
language requiring that each U.S. Attorney participate in human
trafficking task forces, and the Department shall continue to
submit semiannual reports on the performance of these task
forces. The Committee directs the EOUSA, in consultation with
the United States Attorneys, to provide sufficient support and
training and technical assistance to each Assistant U.S.
Attorney designated as the lead human trafficking prosecutor,
consistent with the Trafficking Victims Protection Act.
Designating a point of contact will improve communication and
coordination within each jurisdiction, including with victim
service organizations, to better serve the victims of human
trafficking and forced labor. In addition, the Committee also
directs the EOUSA, in consultation with the Department of
Homeland Security, to develop a process to enable survivors
with T-visas to obtain expedited letters of support from the
Department of Justice when their criminal cases are closed.
Drug trafficking and money laundering enforcement.--The
Committee expects the Department to continue to make drug
trafficking and money laundering enforcement an investigative
and prosecutorial priority for Federal prosecutors, and to
report on these efforts in the Department's fiscal year 2021
budget request.
Immigration prosecutions.--The Committee directs the
Department to report to the Committee, on a quarterly basis, to
begin no later than 90 days after enactment of this Act, on
defendants who are charged with violations of 8 U.S.C. 1325 and
8 U.S.C. 1326 (improper entry or illegal reentry). The data
should be broken out by U.S. Attorney district, and if
possible, by defendants' nationality, gender, race, and age.
UNITED STATES TRUSTEE SYSTEM FUND
The Committee recommends $227,229,000 for the United States
Trustee Program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $2,335,000 for the Foreign Claims
Settlement Commission, which is equal to the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $270,000,000, which is the same
amount as fiscal year 2019 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 $17,000,000 for the Community
Relations Service (CRS), and rejects the proposed absorption of
CRS into the Civil Rights Division. This includes an increase
of $1,500,000 above fiscal year 2019 to implement Public Law
114-325, the Emmett Till Unsolved Civil Rights Crimes
Reauthorization Act of 2016. CRS has a unique role to play in
the Justice Department. While not a law enforcement agency, CRS
operates in all U.S. States and territories to advance justice
and reconciliation by working with all parties, including State
and local government units, private and public organizations,
civil rights groups, and community leaders, to uncover the
underlying interests of all involved in conflicts. It
facilitates the development of mutual understanding in
communities challenged by tension and conflict and helps them
develop local capacity and tools to defuse tension and prevent
hate crimes from reoccurring.
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 the
same as the fiscal year 2019 amount and the budget request.
Section 528 of the bill requires the Department to submit a
spending plan for fiscal year 2020. 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 $1,444,600,000 for the salaries
and expenses of the United States Marshals Service (USMS),
which is $86,600,000 above fiscal year 2019 and $71,184,000
above the request. The recommendation sustains initiatives
funded in fiscal year 2019; provides for additional Deputy U.S.
Marshals for priority violent crime and gang initiatives;
provides for continued aviation support; and supports
consolidation of protective detail operations. Within the
funding provided, the recommendation supports enhanced
enforcement of laws relating to international travel of sex
offenders, including through the Angel Watch Center.
The Committee has provided separate funding recommendations
by decision unit as follows:
Judicial and Courthouse Security...................... $485,215,000
Fugitive Apprehension................................. 563,478,000
Prisoner Security and Transportation.................. 268,379,000
Protection of Witnesses............................... 61,163,000
Tactical Operations................................... 66,365,000
-----------------
Total, Salaries and Expenses...................... $1,444,600,000
Coordinated Information Sharing to Ensure Integrity of Sex
Offender Tracking Systems.--Law enforcement agencies require
the best information on criminals under their jurisdiction. The
Committee encourages USMS, within funding provided, to support
the National Sex Offender Targeting Center (NSOTC) in
implementing coordinated information sharing to ensure the
integrity of Federal, State and local sex offender tracking
systems through the NOTICE, NSA Connect, and Alert 10-23
programs. The Committee hopes such support will help the NSOTC
improve the exchange of information on offenders and
communication among registry personnel.
CONSTRUCTION
The Committee recommends $15,000,000, which is the same
amount as fiscal year 2019, and $29,000 above the request, for
construction and related expenses in space controlled, occupied
or used by USMS for prisoner holding and related support. The
Committee expects USMS to apply this funding to its top
priority projects.
FEDERAL PRISONER DETENTION
The Committee recommends $1,792,461,000 for Federal
Prisoner Detention, which is $240,064,000 above fiscal year
2019 and $75,000,000 below the request. The increase in funding
will help the USMS support anticipated increases for housing,
medical, and transportation costs of the USMS detainee
population.
USMS Contract Detention.--Within 120 days of enactment of
this Act, the USMS shall submit a report on detention
facilities used for Federal Prisoner Detention as of October 1,
2019. The report should list, for each such facility: its
location; whether it is owned by a Federal, State, local law
enforcement or private entity, and whether it is operated under
contract with a private entity. The report should also
identify, for fiscal years 2018 and 2019, any USMS contracts
that allowed non-DOJ Federal agency detainees to be held in a
USMS-contracted facility; the number of times such provisions
were exercised; and the number of non-USMS detainees housed in
USMS or USMS-contracted facilities.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $109,585,000 for the National
Security Division (NSD), which is $8,216,000 above fiscal year
2019 and the same as the request. This amount will help NSD
meet its growing national security and counterterrorism
workload, including its responsibilities under the Foreign
Intelligence Surveillance Act and the Foreign Agents
Registration Act (FARA). Additional resources, as requested,
are included to enable NSD to meet intensifying cyber and
intelligence threats, and support expanded responsibilities
related to foreign investment reviews.
Foreign Agent Registration Act.--The Committee is concerned
about the Department's current guidance regarding the FARA
commercial exception. The Committee believes the guidance has
allowed U.S. agents of some state-owned enterprises, which are
wholly-owned by their governments, to dodge FARA requirements,
even though such enterprises take actions that directly promote
the political and policy interests of their government owners.
Accordingly, the Committee directs the Department to issue
updated guidance requiring U.S. agents of wholly state-owned
enterprises to register under FARA in those circumstances where
the lobbying and public-relations efforts of such foreign firms
promote not only the commercial interest of the entity, but
also the foreign government's stated political and policy
interests. In addition, the Committee directs the Department to
report to the Committee not later than 90 days after enactment
of this Act on the feasibility of requiring all filings by
foreign agents to be made in an electronic data format that
could be published in a digital format available to the public.
Counsel for Domestic Terrorism.--The growing threat posed
by domestic terrorism, particularly homegrown violent and
racist extremism, justifies a commensurate response by the
Department. The Committee encourages the Department to consider
elevating the position of Counsel for Domestic Terrorism to the
rank of Deputy Assistant Attorney General, with sufficient
staff and resources to meet rising investigative and
prosecution workload.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The Committee recommends $570,000,000 for Interagency Crime
and Drug Enforcement, which is $10,000,000 above fiscal year
2019 and $19,542,000 above the request. Funds included under
this heading will support interagency Organized Crime Drug
Enforcement Task Forces (OCDETF), which target high-level drug
trafficking organizations through coordinated, multi-
jurisdictional investigations. This funding level will sustain
initiatives begun in fiscal year 2019. $2,000,000 of the
increase is provided for the National Opioid Initiative to
support the anticipated rising number of opioid cases.
Decision unit subtotals.--The recommendation includes
$396,000,000 for investigations and $174,000,000 for
prosecutions. The Committee expects OCDETF to 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. The
Committee expects OCDETF to focus additional resources on
targeting opioid trafficking organizations.
Full-Time Equivalents (FTE).--The Committee directs the
Department to submit an updated report on historical
investigative and prosecutorial FTE levels for OCDETF
concurrent with its fiscal year 2021 budget request at the
level of detail provided in its December 12, 2018, report to
the Committee. The report should include actual and projected
investigative and prosecutorial FTE devoted to OCDETF cases for
fiscal years 2020-2022, broken out by agency and funding
source.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The Committee recommends $9,455,928,000 for the salaries
and expenses of the Federal Bureau of Investigation (FBI),
which is $263,791,000 above fiscal year 2019 and $198,501,000
above the request. The increase will sustain programs carried
out in fiscal year 2019, despite the interruption caused by the
2019 lapse in appropriations. Increased funding is included to
further the FBI's critical missions to counter terrorism and
protect national security, enhance counterintelligence and
weapons of mass destruction programs, investigate white-collar
and hate crime, target domestic extremism, defeat cyber
threats, and pursue transnational organized criminal
enterprises. The funding supports the Department's requests to
boost the capacity and speed of the National Instant Criminal
Background Check System (NICS), support FBI review of foreign
travelers and visa applicants, includes an additional $5
million to implement the Emmett Till Unsolved Civil Rights
Crimes Reauthorization Act of 2016, and maintains funding for
shared operational costs of the National Biodefense Analysis
and Countermeasures Center.
In addition to support for FBI security missions, the
Committee expects the FBI will use additional resources
provided to increase investigation of white-collar, fraud, and
hate crimes. Increased resources are included to build on
fiscal year 2019 human trafficking investigations and the
squads dedicated to such efforts. The additional resources
should also support deployment of resources to high-crime
jurisdictions across the United States and all its territories.
The Committee continues its direction to the FBI to
allocate its agents and support staff based on unique threats
and workload of each of the FBI's field offices to ensure that
resources are effectively deployed to address the agency's
highest priorities.
The Committee has provided separate funding recommendations
by decision unit as follows:
Intelligence.......................................... $1,755,037,000
Counterintelligence and National Security............. 3,871,639,000
Criminal Enterprise and Federal Crimes................ 3,249,270,000
Criminal Justice Services............................. 579,982,000
-----------------
Total, Salaries and Expenses...................... $9,455,928,000
Human trafficking investigations.--The Committee recognizes
the complex nature of human trafficking investigations and
includes funding to sustain and expand them, as well as
associated intelligence collection, analysis, and sharing. The
Director is encouraged to allocate additional resources for
human trafficking cases and continue to designate a lead agent
in each field office as a point of contact for slavery and
human trafficking investigations. The Committee applauds the
FBI for its collaboration with Federal, State, and local
partners, and hopes it will use these relationships to address
human trafficking across the country.
Universal Crime Report.--The Universal Crime Report (UCR)
provides valuable information to local law enforcement, policy
makers, researchers and others on crimes and their incidence.
The UCR provides information on homicides regarding type of
weapon used, including firearms, but not data on non-fatal
shootings associated with robberies and aggravated assaults.
Such information would help law enforcement agencies and
researchers better assess the impact of policies aimed at
reducing gun violence. The Committee directs the FBI to report
to the Committee not later than 90 days after enactment of this
Act on the feasibility of collecting non-fatal firearms-related
incidents as part of the UCR, with an estimate of resources
needed to accomplish this goal.
Aviation modernization.--The Committee directs the FBI to
provide a briefing on its aviation modernization and upgrade
programs not later than 90 days after enactment of this Act at
the same level of detail as required by the fiscal year 2017
and 2018 appropriations Acts. The briefing should also cover
plans and requirements for any programs to counter unmanned
aircraft systems.
Hate Crimes Statistics Act (HCSA).--The Committee urges
State, local, and tribal law enforcement agencies to include
the cost of participation in the FBI's Hate Crimes Statistics
Act (HCSA) program for the purposes of calculating
extraordinary expenses associated with the investigation and
prosecution of hate crimes under Public Law 111-84 section
4704(b)(3).
Integrated medical support for tactical operations.--The
Committee continues to support FBI use of external partnerships
through its Operational Medicine Program to assist medical
contingency planning and leverage the strengths of academic
medical center partners to optimize medical support for
critical missions. The Committee expects the FBI will pursue
such work and integration across mission areas as appropriate
and where medical support benefits are identified.
DNA analysis.--The Committee is aware of past concerns
regarding delays in uploading DNA data from private
laboratories to the FBI's CODIS database. The FBI is encouraged
to continue monitoring profiles awaiting review to ensure no
backlog exists and ensure efficient review and uploading of
data to ensure no obstacles exist for rapid DNA matching.
Racial extremist recruitment.--The Committee is aware that
a recent Military Times poll showed that one in four U.S.
service members reported witnessing examples of white
nationalism among their fellow troops. The Committee has also
noted reports of members of white extremist organizations
serving in the Armed Forces. The Committee directs the FBI to
update its July 7, 2008 report, ``White Supremacist Recruitment
of Military Personnel since 9/11''. The update should cover all
incidents in which members of white supremacist organizations
attempted or were successful in joining the Armed Forces, or in
which white supremacist organizations attempted to recruit
active duty members of the Armed Forces.
Gun violence data.--The Committee is aware of the 2014 FBI/
Texas State University study A Study of Active Shooter
Incidents in the United States Between 2000 and 2013, and that
the FBI has subsequently published more recent data using the
methodology from that study. The Committee is also aware that
non-governmental organizations, both academic and journalists,
have compiled and published data on mass shootings. The
Committee directs the FBI, in collaboration with the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) and the
National Institute of Justice, to report not later than 120
days after enactment of the Act on efforts to compile, analyze,
and share gun violence data, and how such efforts can improve
both documentation of mass shootings and understanding of mass-
shooter motivation.
Cyber-stalking and threat crimes.--The Committee is
concerned that the FBI and the Department have not yet
submitted the report on their actions to address cyber-stalking
and threat crimes as required by the fiscal year 2018
Appropriations Act. The Department shall submit this report
without delay.
Canine detection of weapons of mass destruction.--The
Committee expects the Weapons of Mass Destruction Directorate
(WMDD) to continue research, development, education and
training of Federal, State and local canine detection teams to
enhance their ability and capacity to detect chemical,
biological, and emerging threats. The Committee understands
that the United States relies on foreign breeders for the
highest quality detection canines, which remains a concern. The
Directorate is directed to work with academic partners,
industry, and other government agencies to identify long-term
solutions to ensure reliability of domestic supply.
Internet Crime Complaint Center.--The Committee includes
funding to support the Internet Crime Complaint Center, which
is an online crime complaint reporting mechanism used to report
information to the FBI from either the actual victim or from a
third party to the complainant on any Internet-facilitated
criminal activity. Information is analyzed and disseminated,
for investigative and intelligence purposes, to law enforcement
and for public awareness.
CONSTRUCTION
The Committee recommends $51,895,000, which is the same as
the request, for the construction of FBI facilities and related
activities. Funding in this account will facilitate and
expedite work on current design and construction projects at
Quantico, as requested, and address necessary secure work
environment (SWE) building and modifications.
FBI Headquarters.--The President requested no funding, and
the Committee includes no funding, for Headquarters
consolidation or construction. As the Committee noted last
year, the informal draft plan released on February 12, 2018,
left most questions regarding a new headquarters unanswered,
including the revision of longstanding security requirements
and capacity requirements in the national capital region. The
Committee is greatly concerned about the risks and continuing
costs associated with operating in the current, unsatisfactory
headquarters. The Department should answer the concerns raised
by the Committee and take steps to submit a formal prospectus
to be reviewed and approved by the appropriate committees of
Congress.
Drug Enforcement Administration
SALARIES AND EXPENSES
The Committee recommends total budget authority of
$2,800,000,000 for Drug Enforcement Administration (DEA)
salaries and expenses, of which $443,142,000 is derived from
fees deposited in the Diversion Control Fund, and
$2,356,858,000 is provided by direct appropriation. The
recommended appropriation is $89,858,000 above fiscal year 2019
and $77,705,000 above the request. The funding sustains
activities funded in fiscal year 2019 and provides additional
funds for at least five new heroin enforcement teams; enhanced
cyber investigative staff and resources; enhanced capabilities
for dismantling transnational criminal organizations; and
sustaining Aviation Division equipment refreshment. The
Committee has provided separate funding recommendations by
decision unit for salaries and expenses as follows:
International Enforcement............................. $492,289,000
Domestic Enforcement.................................. 1,850,547,000
State and Local Assistance............................ 14,022,000
-----------------
Total, Salaries and Expenses...................... $2,356,858,000
The Committee urges the Drug Enforcement Administration to
expeditiously process any pending applications for
authorization to produce marijuana exclusively for use in
medical research.
Diversion control.--The recommendation includes
$443,142,000 for the regulatory and enforcement activities of
DEA's Diversion Control Program. The Diversion Control Program
is funded by fee collections.
Methamphetamine lab cleanup.--The funding recommendation
includes $10,000,000 to assist State, local, and tribal law
enforcement agencies in efforts to remove and dispose of
hazardous materials at methamphetamine labs, to include
training, technical assistance, purchase of equipment and a
container program.
Prescription drug and heroin abuse.--The Committee
continues to place a priority on reducing the crisis of
prescription drug abuse and the record levels of mortality from
overdoses of heroin, fentanyl and other opioids. The Committee
expects DEA to provide the briefing on heroin and prescription
drug diversion investigations as required pursuant to the
fiscal year 2019 appropriations Act, to include related drug
price and quantities, and prosecutions.
Drug Disposal and Takeback Programs.--The Committee is
concerned by reports that 90 percent of Americans do not
appropriately dispose of prescription drugs. The Committee
supports DEA efforts to help the public safely dispose of
unused and unwanted prescription drugs through drug takeback
days and permanent drug disposal sites but believes more can be
done. The Committee encourages DEA to consider in-home drug
deactivation and disposal solutions that meet the agency's
regulatory definition of non-retrievable, and evaluate their
effectiveness, particularly in areas with high rates of opioid
misuse or abuse, rural areas, areas with high populations of
individuals with limited mobility, and areas that lack
permanent disposal sites.
Handheld opioid identification technology.--The Committee
wishes to see DEA's State and Local Clandestine Laboratory
Training and Clandestine Drug Laboratory Cleanup Program
equipped with the most accurate trace and bulk detectors, as
well as effective personal protective equipment. As DEA
laboratories are acquiring new trace detection capability, the
Committee encourages the agency to provide its field agents
access to technology that allows them to identify opioids at
low concentrations or at trace levels, as well as industrial-
standard personal protection equipment. The Committee directs
DEA to include, with its submission of its fiscal year 2021
budget request, a report on requirements for handheld detection
technology and personal protection equipment, the status of
providing such equipment, and the cost associated with fielding
it.
Destruction of unwanted controlled substances.--The
Committee encourages DEA to meet with commercial hazardous
waste management industry members, including many who are
reverse distributors for the receipt and destruction of
unwanted controlled substances. Such meetings should include
discussions about alternative methods of disposal, other than
incineration, to meet DEA's non-retrievable standard, as well
as alternative safety measures for the transportation of
controlled substances for disposal, including secure tamper-
proof evidence packages or security tape sealed drums.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The Committee recommends $1,439,000,000 for the salaries
and expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), which is $122,322,000 above fiscal year 2019
and $70,560,000 above the request. The recommendation fully
funds the requested enhancements, provides resources for
sustaining the enhancements provided in fiscal year 2019, and
increased funding for both reducing the backlog of National
Firearms Act applications and the hiring of additional Industry
Operations Investigators to improve ATF's oversight of Federal
Firearms Licensees.
National Integrated Ballistic Information Network
(NIBIN).--The Committee is encouraged by the promise of
improved crime gun intelligence and information sharing, and
expects funding provided in this bill will aid in interdicting
crime guns and preventing gun trafficking through the NIBIN.
The Committee encourages ATF to establish a NIBIN presence on
the Southwest border and looks forward to receiving the update
described in House Report 115-704.
Illegal firearms.--The Committee is aware that firearms
enter the illegal market through a limited number of channels,
such as straw purchasers, corrupt firearms licensees,
unlicensed sellers, and firearms theft. Law enforcement needs
transparent data about these channels in order to develop the
most effective enforcement strategies to reduce firearms
trafficking. The last time ATF provided a report describing the
channels of firearms trafficking was in the year 2000. Since
that time, the National Tracing Center has collected over five
million traces of crime guns. Despite explicit authorization to
release ``statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations,'' since 2008 ATF has
only released statistical aggregate data regarding the
geographical location where crime guns were first sold at
retail. Within one year of the date of enactment of this Act,
ATF is directed to release a new report providing updated
statistical aggregate data regarding trafficking channels and
trafficking investigations.
Training and research.--The Committee supports the work of
the National Center for Explosives Training and Research
regarding both investigating criminal acts related to
explosives, bombings, and explosives threats, and training
involving State and local levels of government, and military
units.
Firearms tracing.--The Committee is concerned about the
high number of incorrect submissions by law enforcement
agencies to ATF for firearms tracing. The Committee urges ATF
to increase trace submission training for law enforcement
agencies.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $7,325,000,000 for salaries and
expenses of the Bureau of Prisons (BOP), which is $75,000,000
above fiscal year 2019 and $263,047,000 above the request. The
Committee includes funding to fully fund required staffing and
program costs to implement Public Law 115-291, the First Step
Act of 2018, as well as requested increases for medically
assisted treatment, correctional innovations, and initiatives
to detect and interdict contraband cellphones.
The Committee has provided separate funding recommendations
by decision unit as follows:
Inmate Care and Programs.............................. $2,807,544,000
Institution Security and Administration............... 3,372,594,000
Management and Administration......................... 250,643,000
Contract Confinement.................................. 894,219,000
-----------------
Total, Salaries and Expenses...................... $7,325,000,000
First Step Act.--The Committee includes $75,000,000, as
authorized under the First Step Act of 2018, to expand and
develop opportunities for incarcerated individuals to
participate in evidence-based, recidivism-reducing programming
and productive activities.
Augmentation.--Although the Federal inmate population
continues to decline from its 2013 high, overcrowding remains a
serious threat to correctional officer safety, particularly at
high- and medium-security facilities. The Committee repeats its
direction to BOP to end its overreliance on augmentation; hire
more full-time correctional officers to eliminate the need to
augment them with non-custody employees; and improve staffing
beyond mission critical levels in custody and all other
departments. BOP shall continue to submit quarterly reports on
inmate-to-officer ratios, including confirmation that at least
two correctional officers are on duty for each shift at BOP
facilities that house high security inmates, as specified in
the fiscal year 2019 Appropriations Act.
Trauma-informed programs for female inmates.--The Committee
supports the provision of trauma treatment to all female
inmates during the first 12 months of their sentences to
maximize the impact of such programs and commends the benefits
of the BOP's Trauma Treatment Program, such as the Resolve
trauma therapy program. The Committee, however, remains
concerned about the lengthy waiting list for this therapy
program, as well as for the prerequisite course. The Committee
also regrets the lack of trauma programming for non-English
speaking inmates. The Committee urges BOP to prioritize these
programs, make them available to all inmates, at the inmates'
discretion, within the first 12 months of incarceration, and
expand language access for this trauma programming. The
Director shall report to the Committee not later than 180 days
after enactment of this Act on the implementation of these
recommendations, to include the status of the waiting list for
participation in such programs.
Menstrual hygiene products.--The First Step Act of 2018
(Public Law 115-391) requires the BOP Director to provide
menstrual hygiene products to prisoners at no cost. The
Committee directs the Director to provide guidance on the
distribution and accessibility of these products to all
prisoners in BOP custody, whether in a Federally-owned facility
or one administered by a private detention entity, to ensure
each prisoner who requires these products receives a quantity
the prisoner deems sufficient. The Committee also directs the
Director to issue guidance that no visitor is prohibited from
visiting an incarcerated individual due to such visitor's use
of menstrual hygiene products. The Director shall report to the
Committee not later than 180 days after enactment of this Act
on the implementation of this policy.
Contraband cell phones.--The Committee encourages the
Department to continue to work with the Federal Communications
Commission to address the issue of contraband cell phones and
other devices. These devices are being used nationwide by
inmates to plan attacks, promote the distribution of controlled
substances and weapons, engage in gang activity, and intimidate
victims, witnesses, and correctional staff. The Committee
directs BOP to follow up on the efforts described in its 2016
report to Congress on cell phone detection, managed access
systems, and signal blocking technology approaches to thwart
such devices. BOP must ensure that incarcerated individuals who
use these illicit devices will no longer have access to the
networks and spectrum to direct activities in or beyond the
prison.
First aid kit enhancement.--The Committee is aware that
first aid products endorsed by the Department of Defense
Committee on Tactical Combat Casualty Care (CoTCCC), such as
hemostatic dressings, help reduce death or trauma caused by
bleeding. To improve outcomes in crisis situations such as
assaults by inmates on staff and on other inmates, the
Committee encourages BOP to incorporate CoTCCC-supported
dressings in first aid kits at Federal prisons.
Inmate calling rates.--The Committee directs the
Department, in consultation with the Federal Communications
Commission, to submit a report to the Committee not later than
180 days after enactment of this Act detailing the rates and
fees paid by people to communicate with inmates held in Federal
correctional facilities since the D.C. Circuit's decision in
Global Tel*Link v. Federal Communications Commission, 866 F.3d
397 (D.C. Cir. 2017). The report shall include inmates
incarcerated in all types of Federal correctional facilities
across the country, including contract facilities. The report
shall also include all types of communications services
including telephone, video visitation, email, and other types
of electronic communication.
Medication assisted treatment.--The Committee encourages
BOP to make evidence-based relapse prevention treatment options
available to inmates with a history of opioid dependence.
Personal firearms.--The Committee recognizes BOP's
responsibility to control the use of firearms on BOP facilities
and directs the Bureau to implement fully the Lieutenant
Osvaldo Albarati Correctional Officer Self-Protection Act of
2018.
Parenting programs for pregnant inmates.--The Committee
recognizes the Mothers and Infants Together (MINT) Program that
promotes and facilitates mother-child bonding, and the
Residential Parenting Program, which allows eligible female
inmates to reside with their child for up to 30 months post-
delivery. The Committee, however, is concerned about the
underutilization of these programs, and thereby directs BOP to
issue guidance to communicate parenting program opportunities
and eligibility criteria to each employee and pregnant inmate,
and to collect relevant data to assess pregnant inmates'
interest and participation. Lastly, the Committee urges the
Bureau to adhere to the Female Offender Manual and allow, at
the least, a minimum of six months participation in the MINT
Program. The Committee directs BOP to submit a report not later
than 180 days after the enactment of this Act on the strategic
plan to address these concerns.
Prison Rape Elimination Act.--The Committee expects BOP
will continue to implement the Prison Rape Elimination Act and
notes that facility audits are a key component in helping
agencies move their sexual abuse prevention and response
policies from written documents to everyday practices. Congress
recently made changes to the audit process to ensure greater
oversight of the audit process and improved audits. The
Committee supports the Department providing the necessary
resources to carry out this work.
Prison recidivism animal programs.--Section 608(a)(2) of
Public Law 115-391 directs BOP to establish pilot programs that
incorporate training programs with prisoners and abandoned or
vulnerable animals to reduce the recidivism of incarcerated
individuals, better preparing them for reentering society upon
release. The Committee urges the Department of Justice and BOP
to implement this section and report to the Committee not later
than 90 days after enactment of this Act on the steps it has
taken to achieve this goal.
Rapid testing for infectious diseases.--The Committee notes
the healthcare challenges posed by infectious diseases like
HIV/AIDS and Hepatitis C and acknowledges that such challenges
are likely to grow as opioid epidemic-related infection rates
continue to increase. BOP is encouraged to examine
opportunities to increase rapid testing for these diseases and
ensure affected individuals are aware of their health status.
Educational programs.--The Committee supports the
Department's coordination and collaboration with Historically
Black Colleges and Universities to provide educational programs
for recently-released and soon-to-be-released criminal
offenders to assist them in obtaining skills that will help
them successfully transition back into their communities and
reduce recidivism rates.
Formerly incarcerated women.--The Committee is concerned
about the many challenges faced by formerly incarcerated
individuals --particularly women, who make up the fastest
growing incarcerated population in the country--as they
reintegrate into their communities. Accordingly, the Committee
directs the Department of Justice to conduct a study on the
most common challenges faced by formerly incarcerated women
(unemployment, underemployment, family reunification, job
training and skills development re-entry programing, access to
stable housing, mental health and substance abuse services) and
provide its findings and recommendations on ways to better
mitigate recidivism of formerly incarcerated women at the time
it submits its fiscal year 2021 budget request.
BUILDINGS AND FACILITIES
The Committee recommends $150,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates. This amount
is $114,000,000 below fiscal year 2019, and $50,795,000 above
the request.
The Committee directs the Bureau to apply the funding,
including the increase above the request, to reduce its
longstanding maintenance and repair backlog, including
communication equipment to support the BOP mission. BOP shall
continue to provide monthly status of construction reports and
notify the Committee of any changes reflected in those reports.
Detention facility infrastructure.--The Committee supports
efforts to ensure that Federal detainees are held in humane
conditions, especially those who are detained in Federally-
operated facilities. The Committee was disturbed by reports of
critical HVAC and electrical systems failures at Metropolitan
Detention Center, Brooklyn. Therefore, the Committee directs
the Department to conduct and publish a report by October 1,
2020, on the current state of detention facility infrastructure
in facilities operated by BOP, and facilities housing Federal
detainees in private contracted facilities, including those
that house BOP detainees on a contractual agreement basis with
other Federal agencies. Such report should outline and define
inadequate facility conditions that would potentially
constitute a violation of the Federal right, as defined in
section 3626, under Subchapter C of chapter 229 of Part II of
title 18, United States Code. Such report shall include the
number of facilities that exhibit conditions potentially
violating the Federal right, including infrastructure
deficiencies and challenges relating to the maintenance or
repair thereof. For the purposes of determining if a deficiency
may potentially constitute a violation of the Federal right,
such deficiencies shall include, but are not limited to: (1)
building core heating; (2) cooling and electrical systems; (3)
emergency or backup systems; (4) building shell insulation; and
(5) water leaks, mold, or mildew-related conditions impacting
water infrastructure. The report shall also describe the
mechanisms to be employed by BOP to repair, remedy, mitigate,
or resolve such potential violations, and the estimated cost of
such mechanisms.
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, which is the same as fiscal year 2019.
State and Local Law Enforcement Activities
In total, the Committee recommends $3,401,800,000 for State
and local law enforcement and crime prevention grant programs,
including $2,702,300,000 in discretionary appropriations.
STOP School Violence Act.--The recommendation provides
$125,000,000 for the STOP School Violence Act grant program.
Within this amount, $93,750,000 is provided to the Bureau of
Justice Assistance (BJA) for evidence-based school safety
programs outlined in the Act and $31,250,000 is provided to the
Community Oriented Policing Service (COPS) program. Through the
STOP School Violence Act program, school districts should use
funds for security hardening measures; evidence-based school
threat assessments and trainings for school personnel and
students to identify threats of school violence; locks,
lighting, ballistic glass and other deterrent measures; safety
and security of school premises by utilizing design elements
and principles; and technology for expedited notification of
local law enforcement during an emergency.
The Committee reminds the Department of Justice that the
COPS Hiring program may include grant award categories for
School Resource Officers and directs the Department to provide
a preference for hiring such officers.
The Committee recognizes the vital role of school design in
the development and achievement of evidence-based strategies
and programs related to school facility safety and security.
Through the STOP School Violence Act grant program, school
districts should consider using funds to compose school
building design plans that strengthen the safety and security
of school premises by utilizing design elements, principles,
and technology that guarantee layers of security throughout the
school premises and uphold the aesthetics of the school
premises as a learning and teaching environment. The Committee
clarifies that architecture and design services related to safe
school design are allowable uses of STOP School Violence Act
grant funding.
First STEP Act implementation.--The Committee acknowledges
that an improved risk assessment system is essential for the
accurate measurement of the dynamic risks and needs of
incarcerated people. The Committee recognizes the importance of
a transparent and timely process for setting up the Independent
Review Committee (IRC). Furthermore, the Committee recognizes
the importance of appointing members to the IRC who are
geographically representative of all correctional facility
communities across the U.S. and who have extensive knowledge of
dynamic risk and needs assessment in both institutional and
community settings. The Committee encourages the National
Institute of Justice (NIJ) to move forward on implementation of
the IRC as quickly as feasible.
Office for Victims of Crime (OVC).--The recommendation
provides $2,838,000,000 for the Crime Victims Fund. Within
available resources, OVC may implement Vision 21, which seeks
to bring better technology, planning, research, and data into
the crime victims services field. The Committee recognizes the
importance of grants for national hotlines serving victims and
directs the Department to continue funding these programs.
The Committee directs OVC to provide an updated report to
the Committee, not later than 90 days after the enactment of
this Act, on the actions it is taking to ensure Crime Victims
Fund resources are reaching communities most affected by
violence.
Tribal assistance.--The recommendation includes the
requested seven percent set-aside for tribal grants.
Opioids.--The Committee directs the Department, unless
otherwise specified, to dedicate no less than the fiscal year
2019 levels of opioid-related funding for opioid activities in
non-Opioid Initiative programs.
Persistent Poverty.--The Committee is concerned about
access to DOJ grant funding in high-poverty areas and
persistent-poverty counties. For purposes of this Act, the term
``high-poverty area'' means any census tract with a poverty
rate of at least 20 percent as measured by the 2013-2017 5-year
data series available from the American Community Survey of the
Census Bureau and the term ``persistent poverty counties''
means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates. When scoring
competitive grant applications, the Department is directed to
add additional priority, where practicable, to applications
from grantees who can demonstrate that the individuals who will
benefit from such grants reside in high-poverty areas or
persistent-poverty counties. In addition, the Department shall
provide guidance to such prospective grantees, especially prior
to their application submissions, including to help determine
whether they qualify for additional priority.
In addition, the Committee directs the Department to submit
a report to the Committee on the percentage of funds allocated
by each program in fiscal years 2017, 2018, and 2019 and
estimates for fiscal year 2020 to serve populations living in
persistent poverty counties and high-poverty areas. The
Department shall report this information to the Committee
within 90 days of such data being available and provide a
briefing to the Committee not later than 180 days of enactment
of this Act on how the Department is carrying out this
directive.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $582,500,000 for the Office on
Violence Against Women (OVW), which is $85,000,000 above fiscal
year 2019, and $90,000,000 above the request. Funds are to be
distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants............................................. $222,000
Transitional Housing Assistance......................... 41,000
Research and Evaluation on Violence Against Women....... 3,000
Consolidated Youth-Oriented Program..................... 20,000
Grants to Encourage Arrest Policies..................... 62,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Victims Services......................... 50,000
Rural Domestic Violence and Child Abuse Enforcement..... 50,000
Violence on College Campuses............................ 26,000
Civil Legal Assistance.................................. 57,000
Elder Abuse Grant Program............................... 9,000
Family Civil Justice.................................... 22,000
Education and Training for Disabled Female Victims...... 9,000
National Resource Center on Workplace Responses......... 1,000
Research on Violence Against Indian Women............... 1,000
Indian Country--Sexual Assault Clearinghouse............ 1,000
Tribal Special Domestic Violence Criminal Jurisdiction.. 5,000
Rape Survivor Child Custody Act......................... 3,500
===============
TOTAL, Violence Against Women Prevention and $582,500
Prosecution Programs.................................
------------------------------------------------------------------------
Human trafficking.--The Committee encourages OVW to ensure
that the Transitional Housing Program can assist victims of
human trafficking, and the Committee urges DOJ to take these
victims into consideration when distributing OVW funds.
Rural victims.--Victims of sexual assault living in rural
communities are typically reluctant to report to law
enforcement for fear of being exposed. The Committee encourages
the OVW to implement projects that reduce barriers to the
reporting of crime in rural areas, colonias, and persistent
poverty counties and report to the Committee within 90 days of
the date of enactment of this Act.
Grant administration.--The Committee supports OVW plans to
streamline grant administration, management, and oversight
functions by converting manual processes and related forms to a
web-based, online workflow process.
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The Committee recommends $80,000,000 for Research,
Evaluation and Statistics, which is the same as fiscal year
2019 and $14,500,000 below the request. Funds are distributed
as follows:
RESEARCH, EVALUATION AND STATISTICS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics............................ $43,000
NCS-X Implementation Program.......................... (5,000)
National Institute of Justice........................... 37,000
First Step Act........................................ (1,500)
Domestic Radicalization Research...................... (5,000)
Research on School Safety............................. (1,000)
Juvenile Online Victimization Survey.................. (1,000)
National Center for Restorative Justice............... (3,000)
Corrections Related Research.......................... (3,000)
===============
TOTAL, Research, Evaluation and Statistics.......... $80,000
------------------------------------------------------------------------
Pretrial detention.--The Committee directs the Bureau of
Justice Statistics (BJS) to collect information analyzing the
population of individuals detained pretrial in local jails,
State and Federal facilities, and private facilities under
contract to Federal, State, and local authorities and report
back to the Committee within 180 days of the date of enactment
of this Act. The report should include the number of
individuals detained pretrial; the median duration of the
pretrial detention period; the number of individuals detained
pretrial who were offered financial release or not offered
financial release; and the number of individuals who were
offered financial release but remained detained because they
could not pay the amount required. All data should be
disaggregated by demographic and the level of the offense
charged.
Misdemeanors.--The Committee is concerned with the lack of
reliable data from States and local jurisdictions on the
processing of misdemeanor arrests. As the largest aspect of our
criminal system, it is vitally important to ensure justice is
being administered in a fair and equitable manner. In
recognition of limited resources, the Committee therefore urges
the BJS to collect demographic data from a select number of
large metropolitan jurisdictions that includes information on
the race, ethnicity, and gender, as well as key socioeconomic
factors, of each misdemeanor defendant, the type of offense
charged, and the sentence imposed. The Committee also urges the
Bureau to report on its progress within 180 days of enactment
of this Act.
Forensics.--The Committee encourages National Institute of
Justice (NIJ) to explore partnerships with accredited
universities of higher education for the purpose of providing
national learning opportunities for law enforcement, district
attorneys, and primary care physicians within functioning
forensic laboratory and death investigation facilities. These
partnerships should focus on collaboration between State
departments of forensic science working in partnership with
universities and local district attorneys, to provide a
facility of prominence for forensic science education,
training, research, and service, which will benefit current
practitioners in the field as well as future forensic
scientists.
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 NIJ to continue
funding research into human trafficking.
Opioid research.--The Committee recognizes that in-depth
examination of fatal opioid overdoses, including fatalities
following prior non-fatal overdoses, and trends in the
evolution, trafficking, and use of illegally manufactured
opioid analogues, in combination with existing illegal drugs,
can yield valuable information for law enforcement, hospitals,
treatment providers, and prosecutors as they identify effective
policy, interventions, and prevention strategies. The Committee
urges NIJ to support regional efforts to undertake such
comprehensive opioid fatality research.
Cybercrime.--The Committee remains concerned about the lack
of information on crimes committed against individuals and
facilitated by the interstate telecommunications system and
notes that the fiscal year 2019 Appropriations Act required NIJ
to issue a report analyzing these crimes. The Department is
directed to submit the report in a timely manner to ensure the
Committee has the information necessary to assess and deal with
these crimes.
High-risk vehicle events.--The Committee encourages the BJS
to develop a data collection process to accurately capture the
number of deaths and injuries from police pursuit and high-risk
vehicle events.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $1,933,000,000 for State and Local
Law Enforcement Assistance programs, which is $210,000,000
above fiscal year 2019 and $450,800,000 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............ $530,250
Officer Robert Wilson III VALOR Initiative...... (15,000)
Smart Policing.................................. (7,500)
Smart Prosecution............................... (10,000)
Juvenile Indigent Defense....................... (4,000)
Convention security............................. (100,000)
NamUS........................................... (3,600)
Training Program to improve Responses to People (2,500)
with Mental Illness............................
John R. Justice Grant Program................... (2,000)
Capital Litigation and Wrongful Conviction (7,000)
Review.........................................
Prison Rape Prevention and Prosecution.......... (15,500)
Emergency Federal Law Enforcement Assistance.... (2,000)
Managed Access Systems.......................... (2,000)
Kevin and Avonte's Law.......................... (2,000)
Regional Law Enforcement Technology Initiative.. (3,000)
Community Based Violence Prevention............. (8,000)
State Criminal Alien Assistance Program............. 260,000
Victims of Trafficking Grants....................... 100,000
Economic, High-tech, White Collar and Cybercrime 14,000
Prevention.........................................
Intellectual Property Enforcement Program....... (2,500)
Digital Investigation Education Program......... (2,000)
Adam Walsh Act Implementation....................... 20,000
Bulletproof Vests Partnerships...................... 25,000
Transfer to NIST/OLES........................... (1,500)
National Sex Offender Public Website................ 1,000
National Instant Criminal Background Check Systems 80,000
(NICS) Initiative..................................
NICS Acts Record Improvement Program............ (27,500)
Paul Coverdell Forensic Science..................... 30,000
DNA Initiative...................................... 142,000
Debbie Smith DNA Backlog Grants................. (100,000)
State and Local Forensic Activities............. (30,000)
Kirk Bloodsworth Post-Conviction DNA Testing (8,000)
Grants.........................................
Sexual Assault Forensic Exam Program Grants..... (4,000)
Community Teams to Reduce the Sexual Assault Kit 49,000
(SAK) Backlog......................................
CASA--Special Advocates............................. 12,000
Second Chance Act/ Reoffender Reentry............... 106,500
Smart Probation................................. (6,000)
Children of Incarcerated Parents Demo Grants.... (5,000)
Pay for Success................................. (7,500)
Pay for Success (Permanent Supportive Housing (5,000)
Model).........................................
Project HOPE Opportunity Probation with (4,000)
Enforcement....................................
STOP School Violence Act............................ 93,750
Center for Campus Safety........................ (2,000)
Community Trust Initiative.......................... 80,000
Body Worn Camera Partnership Program............ (25,000)
Justice Reinvestment Initiative................. (35,000)
Byrne Criminal Justice Innovation Program....... (20,000)
Opioid Initiative................................... 375,000
Drug Courts..................................... (83,000)
Veterans Treatment Courts....................... (25,000)
Residential Substance Abuse Treatment........... (33,000)
Prescription Drug Monitoring.................... (30,000)
Mentally Ill Offender Act....................... (35,000)
Other Comprehensive Addiction and Recovery Act (159,000)
activities.....................................
Law Enforcement Assisted Diversion (LEAD)....... (10,000)
Keep Young Athletes Safe Act of 2018................ 2,500
Immigration Representation Pilot.................... 10,000
Emmett Till Grants.................................. 2,000
===================
TOTAL, State and Local Law Enforcement $1,933,000
Assistance.....................................
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grant (Byrne/JAG)
program.--The recommendation includes $530,250,000 for 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,
$15,000,000 is for the Officer Robert Wilson III Preventing
Violence Against Law Enforcement and Ensuring Officer
Resilience and Survivability (VALOR) Initiative; $7,500,000 is
for Smart Policing; $10,000,000 is for Smart Prosecution;
$4,000,000 is for juvenile indigent defense; $3,600,000 is for
the National Missing and Unidentified Persons System (NamUS);
$100,000,000 is for law enforcement activities associated with
the presidential nominating conventions; $2,500,000 is for law
enforcement training related to mental illness; $2,000,000 is
for the John R. Justice program; $7,000,000 is for capital
litigation and wrongful conviction review; $15,500,000 is for
prison rape prevention and prosecution; $2,000,000 is for
Emergency Federal Law Enforcement Assistance; $2,000,000 is for
managed access systems; $2,000,000 is for Kevin and Avonte's
Law; $3,000,000 is for a regional law enforcement technology
initiative; and $8,000,000 is for community-based violence
prevention.
Uses of Byrne/JAG.--The Committee is concerned by the
impact to law enforcement from the growing epidemic of
prescription drug and heroin abuse and notes that funds within
this account may be used for the implementation of medication-
assisted treatment to help maintain abstinence from all opioids
and heroin. 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 de-escalation training and
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 and encourages the
Department to award funds for these purposes.
The Committee encourages the Byrne/JAG program to provide
additional resources to those communities that are taking part
in programs that seek to lower homicide rates through data and
performance measurement analysis. The Committee notes that
Byrne/JAG funding may be used for mindfulness training for
police officers. The Committee advises that some Byrne/JAG
funds be directed to provide newer, more efficient forensics
testing tools for rural jurisdictions. The Committee requests
additional consideration be given to applicants who seek to
hire service-connected disabled veterans. The Committee
encourages the Department to support the use of these grant
funds for the purchase of fentanyl detection equipment. The
Committee supports awarding School Resource Officer grants to
communities that are experiencing high levels of youth suicide,
especially in smaller towns with limited resources.
The Committee supports the use of grant funding for the
acquisition of operational management software to track mission
critical assets. Tracking and managing resources, including
radio communications equipment, mobile technology, and
protective equipment enables and improves local law enforcement
preparedness and operational planning. The Committee notes that
Byrne/JAG funds may be used for these purposes and encourages
the Department to award funds for this purpose. The Committee
is aware of existing community partnerships with local law
enforcement to link video monitoring technology to reduce
emergency response time and increase collaboration between
community partners and law enforcement. The Committee notes
that Byrne/JAG funds may be used for these purposes and
encourages the Department to award funds for this purpose. The
Committee is aware of the value to law enforcement of gunfire
detection and location technology and recommends Byrne/JAG
funds be awarded for this purpose.
Emmett Till unsolved civil rights grants.--The
recommendation includes $2,000,000 in grants to state and local
law enforcement agencies for the expenses associated with the
investigation and prosecution of criminal offenses involving
civil rights, as authorized by the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (Public Law 114-325).
Puerto Rico plebiscite.--In the Consolidated Appropriations
Act, 2014 (Public Law 113-76), the Committee provided funding
for the Department of Justice to help oversee and administer a
plebiscite to `resolve Puerto Rico's future political status.'
The Committee believes that to accomplish this goal, the
current territorial/Commonwealth status should be excluded from
any future plebiscite, since it fails to address key
inequities. Despite previous requests to use this funding to
help administer such a plebiscite, the Department did not
certify yet a plebiscite ballot to obligate this funding. The
Committee believes that the Department has a responsibility to
address issues of democratic representation and equality in
Puerto Rico and the other territories of the United States,
including addressing questions of political status. Therefore,
the Committee instructs the Department to expeditiously act
upon any request for this funding from the Puerto Rico State
Elections Commission, and to notify the Committee of any
requests for this funding. The Committee instructs the
Department, within 45 days of enactment of this Act, to provide
the Committee, as well as the Puerto Rico State Elections
Commission, with a report regarding the acceptable versions of
voter education materials, plebiscite ballot formats, and
related materials that would allow the Department to obligate
this funding for a future plebiscite.
Immigration Representation Pilot.--The recommendation
includes $10,000,000 for the OJP to establish a competitive
grant pilot program for legal representation of immigrants who
seek asylum and other forms of legal protection in the United
States after entering at the southwest border. The Committee
recognizes the compelling need to ensure due process for the
growing number of immigrants who seek asylum and who must
navigate a complex legal system for processing of asylum
claims. Legal representation, which many asylum seekers do not
currently have, will ensure that the system works more
efficiently, cases are processed more quickly, and the
legitimacy of asylum claims are correctly determined. Grants,
including subgrants, shall be made to nonprofit organizations
that are qualified legal services providers. The Committee
expects that the pilot program will support direct
representation, including pro bono representation where
possible, of immigrants currently detained by ICE at one or two
small or medium-sized detention facilities, immigrants released
into the local communities around those facilities, and
immigrants released from those facilities to one or two high-
release cities. Grant awards should take into consideration
continuity of representation to help ensure individuals are
represented until their cases are complete. Within 90 days of
enactment of this Act, the OJP shall submit a report to the
Committee on the implementation of this program.
Smart Prosecution.--The Committee notes that throughout
much of the United States local prosecutors' offices carry
attorney caseloads well above recommended levels, lack critical
support staff, and rely on outdated information technology to
manage their caseloads. The Committee is concerned these
conditions can negatively impacts victims, criminal defendants,
and public safety. The Committee recommendation includes no
less than $2,000,000 from amounts provided for a competitive
program dedicated to State and local prosecutor office
modernization and caseload reduction.
Sexual assault kit backlog grants.--The recommendation
includes $49,000,000 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
directs the Department to do everything in its power to bring
perpetrators to justice. 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. The Committee
further encourages OJP to prioritize funding to underserved
regions, such as Appalachia.
Wrongful conviction review.--The Committee directs the
Department to continue to follow the direction in the fiscal
year 2019 explanatory statement with respect to the Capital
Litigation and Wrongful Conviction Review Program.
Opioid abuse.--The recommendation includes $375,000,000 for
programs to reduce opioid abuse, as authorized by the
Comprehensive Addiction and Recovery Act of 2016 (CARA; Public
Law 114-198). Within this amount is $83,000,000 for drug
courts; $25,000,000 for veterans treatment courts; $35,000,000
for Residential Substance Abuse Treatment (RSAT), of which no
less than $10,000,000 shall be available for facilities that
offer more than one FDA-approved medically-assisted treatment
option; $30,000,000 for prescription drug monitoring;
$35,000,000 for the Mentally Ill Offender Act; $159,000,000 for
the Comprehensive Opioid Abuse Program (COAP); and $10,000,000
for additional replication sites employing the Law Enforcement
Assisted Diversion (LEAD) model, with applicants demonstrating
a plan for sustainability of LEAD-model diversion programs.
The Committee believes that communities must address opioid
abuse through comprehensive strategies that incorporate
enhanced enforcement, education and treatment. The Committee
directs OJP to work with DEA, the Department of Health and
Human Services, and the NIJ to develop, and help communities
implement, best practices to address opioid abuse.
The Committee encourages OJP to develop and apply metrics
that incentivize stronger linkages between the responsible
agencies, including but not limited to law enforcement,
prosecutors, community-based treatment centers, hospitals,
medical examiners, and public health departments. The Committee
also encourages OJP to prioritize comprehensive, real-time,
regional information collection, analysis, and dissemination.
The Committee supports the use of COAP funding to provide
law enforcement with overdose reversal drugs, such as naloxone.
The Committee believes it is essential to any comprehensive
opioid prevention strategy to include a vigorous program
designed to strengthen the ability of States and tribes to
develop identifiable and accessible take-back programs for
unused controlled substances found in the home and used by
hospitals and long-term care facilities.
The Committee encourages the Department to administer drug
court grants with maximum flexibility in order to best
accommodate the needs and available resources of eligible
jurisdictions, including rural jurisdictions.
The Committee is aware that there can be a correlation
between those suffering from mental health disturbances and
repeat criminal offenders. Therefore, the Committee recommends
that funds allocated to the Mentally Ill Offender Act should
prioritize the operational expenses for centers that provide
assistance to those with severe mental health needs who are at
risk of recidivism. These mental health centers can provide,
but are not limited to, the following services: crisis care,
residential treatment, outpatient mental health and primary
care services, and community re-entry supports.
The Committee is concerned by the high rates of re-
incarceration among individuals with serious mental illness due
to the inadequate management of their illness and encourages
the Department to include long-acting injectable anti-psychotic
medications as an allowable expense to improve treatment
adherence and reduce risk for relapse and re-incarceration.
Strategic Mobile and Response Teams (SMART).--The Committee
encourages DOJ to investigate the opportunity to conduct pilot
programs to implement SMART at the Southwest Border. Border
SMART Pilot programs should combine the use of officers and
technology, including ground sensors and drones. The pilot
programs should have inter-agency partnership and multi-layered
security efforts, including marine, air, and terrestrial
components, with the goal of increasing border security while
reducing cost. The Committee reiterates its interest in
receiving the briefing as directed in House Report 115-704.
Victims of trafficking grants.--The recommendation includes
$100,000,000 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 Committee encourages the Department to
consider risk factors on a per-capita basis when making final
funding decisions. The Committee encourages the Department to
increase the number of human trafficking task forces funded by
this program. The Department shall include a planned allocation
of these funds in its spending plan.
First Responders.--The Committee is concerned about the
increasing number of suicides among first responders. Due to
this increasing prevalence, the Committee directs the
Department of Justice within 90 days of enactment of this Act
to submit a report on the feasibility of establishing an
evidence-based behavioral health program for police and fire
departments and other first responders that provides adequate
training to identify warning signs of depression, stress, Post
Traumatic Stress Disorder, and other mental and behavioral
health conditions that the specific population is experiencing.
The report should specifically identify how peer-to peer
assistance, mental health check-ups, time off after responding
to a critical incident, and family training will help ensure
the resiliency and health of first responders and police
officers.
Rural law enforcement.--The Committee is concerned that
many rural law enforcement agencies are under-staffed and
under-funded, and often have no access to local or regional
mental health and drug treatment services. In addition,
recruiting and retention of qualified officers is difficult,
and access to training is often out of reach because small
departments do not have the funds to travel or to replace
officers in their schedule to accommodate leave for training.
While some rural agencies participate in multi-jurisdictional
task forces, conducting proactive investigations in small
communities is difficult. Therefore, the Committee encourages
the Department to develop programs aimed specifically at
providing the funding, resources, training, and support that
rural law enforcement agencies need to address the consequences
of drug abuse, drug-related crime and mental health crises in
their communities.
National Instant Criminal Background Check System (NICS)
Initiative grants.--The recommendation includes $80,000,000 for
grants to improve records in NICS. This level of resources will
fully fund all eligible NICS initiative grants and the
Committee will continue to monitor the demand for these grants
and provide funding as needed. The Committee directs that the
grants made under the broader National Criminal History
Improvement Program (NCHIP) authorities be made available only
for efforts to improve records added to NICS. Additionally, the
Department shall prioritize funding under the NICS Act Records
Improvement Program (NARIP) authorities with the goal of making
all States NICS Improvement Amendments Act of 2007 (NIAA)
compliant. The Department shall also 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 OJP, ATF, and the 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 encourages the Attorney General to
prioritize NARIP grants to States whose implementation plans
include efforts to identify domestic violence abusers and
others disqualified under section 922 of title 18, United
States Code, who are ineligible to possess firearms under law,
and especially States who will use a larger proportion of these
grants for that purpose.
State Criminal Alien Assistance Program (SCAAP).--The
recommendation includes $260,000,000 for SCAAP, which is
$16,500,000 above fiscal year 2019. SCAAP provides grants that
reimburse States and localities for the costs incurred in
incarcerating undocumented criminal aliens. The President's
request proposed terminating this program.
DNA initiative.--The recommendation includes $142,000,000
for DNA-related and forensic programs and activities, an
increase of $12,000,000 above the fiscal year 2019 level and
$37,000,000 above the request. Within the funds provided, the
Committee provides $8,000,000 for Post-Conviction DNA Testing
grants, $4,000,000 for Sexual Assault Forensic Exam Program
grants, $30,000,000 for other State and local forensic
activities including civil rights cold-cases, and $100,000,000
to meet the purposes of the Debbie Smith DNA Backlog Grant
Program, which is an increase of $10,000,000 above the fiscal
year 2019 level for this program. The Committee provides
funding separately for this purpose to increase transparency
and oversight of DNA Initiative funding.
Second Chance Act/offender reentry programs.--The
recommendation includes $106,500,000 for Second Chance Act
grants. Excluding carveouts, the recommendation is $19,000,000
above fiscal year 2019 and $21,500,000 above the request.
The Committee is aware that case studies of innovative,
evidence-based practices provide strong indication that
recidivism patterns 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.
To ensure the most effective use of Second Chance Act
funds, the Committee encourages the prioritization of funding
to communities where the largest populations of formerly
incarcerated people return. The Committee directs a report from
the BJS within 90 days of the enactment of this Act analyzing
what the Department is doing to ensure funding is reaching
these communities.
Community trust initiative.--The recommendation includes
$80,000,000 for a program to improve police-community
relations. Included in this initiative is $20,000,000 for the
Byrne Criminal Justice Innovation Program, $35,000,000 for
justice reinvestment, $25,000,000 for a body-worn camera
partnership initiative.
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-worn 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.
As the Committee believes that improving police-community
relations will require more than just equipment procurement,
the recommendation provides $35,000,000 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 notes concerns regarding trial
delays and bail conditions for incarcerated youth. Of the funds
for Justice Reinvestment, $8,000,000 is for innovative efforts
among States and localities to reduce trial delays, ensure
speedy bond consideration, guarantee that a juvenile's ability
to pay is considered in setting any bond amount, provide mental
health services for youth who are incarcerated, and reduce the
use of solitary confinement on youth.
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.
Bulletproof Vests.--The Committee is aware that innovations
in body armor materials are enabling the use of thinner,
lighter armor with a longer useful life than traditional armor.
The Committee supports the use of Bulletproof Vest Partnership
grants for the purchase of such armor.
JUVENILE JUSTICE PROGRAMS
The Committee recommends $341,500,000 for Juvenile Justice
programs, which is $54,500,000 above fiscal year 2019 and
$103,000,000 above the request. Funds are distributed as
follows:
JUVENILE JUSTICE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants............................ $65,000
Emergency Planning--Juvenile Detention Facilities....... (500)
Youth Mentoring Grants.................................. 100,000
Title V--Delinquency Prevention Incentive Grants........ 49,500
Prevention of Trafficking of Girls.................... (5,000)
Tribal Youth.......................................... (7,500)
Children of Incarcerated Parents Web Portal........... (500)
Girls in the Justice System........................... (2,000)
Opioid Affected Youth Initiative...................... (9,000)
Children Exposed to Violence.......................... (8,000)
Victims of Child Abuse Programs......................... 28,000
Juvenile Accountability Block Grants.................... 10,000
Missing and Exploited Children Programs................. 85,000
Training for Judicial Personnel......................... 4,000
===============
TOTAL, Juvenile Justice............................... $341,500
------------------------------------------------------------------------
Youth mentoring grants.--The recommendation includes
$100,000,000 for youth mentoring grants, which is $5,000,000
above fiscal year 2019 and $42,000,000 above the request.
The Committee recognizes the success of the Youth Mentoring
program. Through trusted peer-to-peer mentoring relationships,
in the community and in schools, Youth Mentoring grantees are
able to provide needed attention and support to at-risk
children. Mentoring relationships enhance a child's overall
well-being by improving their emotional, social, and
educational development.
The Committee directs that OJP provide at least $20,000,000
for mentoring programs that assist at-risk juveniles and their
families who have been impacted by the opioid crisis and drug
addiction.
Missing and exploited children programs.--The
recommendation includes $85,000,000 for missing and exploited
children programs, which is $3,000,000 above fiscal year 2019
and $4,000,000 above the request. The Committee expects the
Department to allocate $40,000,000 for task force grants,
training and technical assistance, research and statistics, and
administrative costs for the Internet Crimes Against Children
(ICAC) program. The Department is urged to include in its ICAC
Task Force grant solicitation a prioritization of proactive
investigations of suspects possessing, distributing, or
producing violent and sadistic child sexual abuse imagery. The
Committee expects the Department to allocate $1,000,000 to hire
and equip wounded, ill, or injured veterans as digital forensic
analysts or investigators to support child exploitation
investigations.
The Department is encouraged to support the development,
refinement, and technological advancement of widely-used tools,
methods, and technologies that address child sexual
exploitation and trafficking.
The recommendation provides no less than $3,400,000 for
AMBER alert activities to create and augment tribal systems.
Preventing trafficking of girls.--The recommendation
includes $5,000,000 for grants for nonprofits and other
nongovernmental entities that have undergone rigorous
evaluation and have a successful track record of administering
research-based prevention and early intervention programs for
girls who are vulnerable to trafficking and are most likely to
end up in the juvenile justice system, at a State level. Funds
shall be used to scale up and replicate these programs.
Youth violence prevention.--The Department should examine
the possibility of directing additional funds toward evidence-
based youth violence prevention programs and programs that
reduce recidivism that can be scaled locally and nationally.
Bullying.--The Committee encourages the Department to
provide funding within existing programs for evidence-based
approaches to preventing bullying in schools, communities, and
in cyberspace.
School discipline.--The Committee encourages the Department
to explore implementing programs that are focused on
disadvantaged students of color in elementary and secondary
school that include a curriculum that prevents unnecessary
trauma and harm, and counterproductive in-school arrests and
expulsion, while incorporating positive alternatives to
suspension, and promoting educational development and
attainment. The Department is directed to submit a report to
the Committee within 180 days of enactment of this Act
detailing how the Department could partner with relevant
stakeholders to implement such a program.
Arts-based programs.--The Committee directs the Department,
in collaboration with the National Endowment for the Arts and
arts stakeholders, to explore the use of arts-based programs
and rigorously evaluate their impact on outcomes for at-risk,
justice-involved, and traumatized youths.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total of $141,800,000 for the
Public Safety Officer Benefits program, which is $13,000,000
above fiscal year 2019 and the same as the request. Within the
funds provided, $117,000,000 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, $24,800,000 is recommended 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 Committee recommends $323,000,000 for Community
Oriented Policing Services (COPS) Programs, which is
$19,500,000 above fiscal year 2019 and $323,000,000 above the
request. Funds are distributed as follows:
COMMUNITY ORIENTED POLICING SERVICES
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Grants...................................... $239,750
Tribal Access Program................................. (3,000)
Community Policing Development/Training and Technical (6,500)
Assistance...........................................
Regional Information Sharing Activities............... (38,000)
Law Enforcement Mental Health and Wellness Act........ (2,000)
Police Act.............................................. 12,000
Anti-Methamphetamine Task Forces........................ 8,000
Anti-Heroin Task Forces................................. 32,000
STOP School Violence Act................................ 31,250
===============
TOTAL, Community Oriented Policing Services........... $323,000
------------------------------------------------------------------------
STOP School Violence Act school hardening.--The
recommendation includes $31,250,000, which is an increase of
$6,250,000 above the fiscal year 2019 level for evidence-based
school hardening measures including metal detectors, locks,
lighting, ballistic glass, and other deterrent measures in
coordination with law enforcement, as well as training for
local law enforcement officers to prevent student violence,
technology for expedited notification of local law enforcement
during an emergency, and other measures determined to provide
significant improvement in physical security of schools.
School resource officers (SROs).--The Committee supports
initiatives through the COPS Hiring Program to assist State and
local governments with the recruitment and training of
additional SROs to build working relationships with schools as
a means to provide a safer and calmer learning environment.
The Committee acknowledges that school SROs are intended to
serve in roles ranging from counselors, to tutors and mentors,
in order to create opportunities for students to interact with
law enforcement in a positive way. The Committee directs the
Department of Justice to examine the current role of SROs on
campuses and provide recommendations on how SROs can better
serve the needs of the students. This report should include,
but is not limited to, an examination of the roles and duties
of SROs in the schools of grant recipients; the toll on
students' academic outcomes as the result of an SRO presence on
campus; and an examination of the instances of disciplinary
actions taken against students by an SRO, including by race,
ethnicity, and gender of the student, and the details and
severity of the infraction. The Committee directs the
Department to submit a report to the Committee within 180 days
of enactment of this Act, including the Department's plan for
disseminating this information to the public and relevant
government entities.
SROs across the country engage with students on a daily
basis and provide a wide range of important services to our
nation's youth, including identifying depression and suicidal
behavior among school children. SROs are in a unique position
to identify and assist children at-risk of depression and
suicide. The Committee supports awarding SRO grants to
communities that are dealing with high levels of youth suicide,
especially in smaller towns with limited resources.
Rural law enforcement staffing.--The Committee recognizes
certain State and local law enforcement agencies in rural and
low-populated counties are critically underfunded and
understaffed. Some distressed regions have as few as two law
enforcement officers on payroll to patrol its jurisdictions at
a given time. These instances of chronic law enforcement
understaffing pose a significant threat to communities. The
Committee encourages the Department to fund grants for
critically understaffed law enforcement agencies.
Law enforcement training.--The Committee recognizes the
importance and success of the COPS Hiring program. Recent
incidents of law enforcement killing unarmed civilians have
highlighted the importance of strong, collaborative
relationships between local police and the communities they
serve. The Committee supports diversity hiring in local law
enforcement to ensure that law enforcement reflects the
communities they serve. The Committee encourages the Department
to consider as a factor, when reviewing applications for the
COPS program whether a law enforcement agency requires its
employees to complete cultural sensitivity trainings, including
training on ethnic and racial bias, gender bias, sexual
orientation and gender identity bias, cultural diversity, and
law enforcement interaction with people with disabilities, the
mentally ill, and English Language Learners.
Active shooter response.--The recommendation includes
$12,000,000 for the POLICE Act of 2016 (Public Law 114-199).
The Committee notes the importance of 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.
Human trafficking intelligence.--The Committee encourages
programs funded under the regional information sharing
activities to hire criminal intelligence analysts to compile
information, reports, and other intelligence on human
trafficking into, out of, and within the borders of the United
States.
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
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 OMB Circular A-
76 competitions for work performed by employees of the Bureau
of Prisons or of the 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 the Office of
Justice Programs to be used for training and technical
assistance, permits up to 3 percent of grant funds made
available to that office to be used for criminal justice
research, evaluation and statistics by the National Institute
of Justice and the Bureau of Justice Statistics, and up to 7
percent for tribal purposes.
Section 213 provides cost-share waivers for certain DOJ
grant programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
National Instant Criminal Background Check System established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 permits DOJ to participate in Performance
Partnership Pilot collaboration programs.
Section 218 prohibits EOIR's use of case completion quotas
in immigration judge performance evaluations.
TITLE III
SCIENCE
Office of Science and Technology Policy
The Committee recommends $5,000,000 for the Office of
Science and Technology Policy (OSTP), which is $544,000 below
fiscal year 2019 and the same as the request.
Extreme weather.--The Committee notes that extreme weather
events are complex, crosscutting problems that pose risks to
agriculture, infrastructure, commerce, and human health while
presenting a significant financial risk to the Federal
Government. The Committee agrees with GAO's March 2019
assessment that the Federal Government, in order to reduce its
fiscal exposure, needs a cohesive strategic approach with
strong leadership and the authority to manage risks across the
entire range of related Federal activities. The Committee
believes that the Federal Government should address resilience,
preparedness, and risk identification and management that
encompasses the entire range of related Federal activities
while better positioning the Federal Government to effectively
and efficiently respond to these issues. In support of these
goals, the Committee directs OSTP to create and convene an
Interagency Council on Extreme Weather Resilience,
Preparedness, and Risk Identification and Management
(``Interagency Council''). The Committee further directs OSTP,
in coordination with the Interagency Council, to develop a
plan, on an agency-by-agency basis, for government-wide
implementation of resilience, preparedness, and risk management
priorities. This plan should be produced no later than 180 days
after enactment of this Act and should include assessments of
required and available resources for Federal agencies to
develop and implement extreme weather adaptation measures aimed
at proactively mitigating risk and minimizing Federal fiscal
exposure. The Committee directs OSTP to provide an intermediate
report to the Committee, no later than 90 days after enactment
of this Act, on the activities of the Interagency Council.
Public access to Federally funded research.--The Committee
appreciates the progress that OSTP has made to increase access
to the results of Federally funded scientific research. OSTP
shall continue efforts to coordinate implementation of public
access policies across Federal departments and agencies and
identify additional opportunities to enhance access to the
results of Federally funded research. OSTP shall continue to
report, on an annual basis, on the progress of departments and
agencies in implementing their public access plans, including
relevant measures of progress, and on additional steps being
taken to improve access to the results of Federally funded
research. The Committee looks forward to receiving the briefing
indicated in House Report 115-704.
National Space Council
The Committee recommends $1,870,000 for the National Space
Council, which is $95,000 less than the fiscal year 2019 level,
and equal to the Administration's request.
National Aeronautics and Space Administration
The Committee recommends $22,315,000,000 for the National
Aeronautics and Space Administration (NASA), which is
$815,000,000 above fiscal year 2019, and $1,296,000,000 above
the initial requested level.
NASA's initial fiscal year 2020 budget request, which is
$481,000,000 less than the fiscal year 2019 appropriated level,
clearly reflects the Administration's unfortunate shift from
legacy programs and programs with clear environmental and
educational interests.
The Administration's shift in priorities is most evident in
its budget request of nearly $1,200,000,000 (over $700,000,000
above the fiscal year 2019 level) for the Lunar Orbital
Platform--Gateway and Advanced Cislunar and Surface
Capabilities initiatives. These programs strive to establish a
permanent human presence on the Moon, and deploy a spaceship,
called the Gateway, in orbit around the Moon to support human
missions to the lunar surface. These activities are planned to
be the first steps in human exploration from the Moon to Mars.
To increase funding for this Moon base and Gateway orbiter,
the Administration chose to either reduce or eliminate many
critical legacy programs, including Earth science programs that
help monitor the environment, measure global climate change,
and track rising sea levels. These programs include: The
Plankton, Aerosol, Cloud, ocean Ecosystem (PACE) Earth-
observing satellite; the Climate Absolute Radiance and
Refractivity Observatory (CLARREO) sensor on the International
Space Station, designed to lay the foundation for future long-
term observations of Earth's climate; and NASA's Carbon
Monitoring System that achieves levels of precision and
accuracy to monitor, report, and verify the levels of carbon
stocks and fluxes in Earth's atmosphere.
Additional programs that were proposed for elimination in
the Administration's budget request are: The Wide Field
Infrared Survey Telescope (WFIRST), a NASA observatory designed
to work in conjunction with the James Webb Space Telescope,
with a view 100 times greater than the Hubble telescope; and
the entire Science, Technology, Engineering, and Mathematics
(STEM) Engagement account.
The Committee rejects these proposals and has included an
additional $881,100,000 above the request to support these
critical programs, including additional funding to increase the
availability of competitive research grants within Earth
Science and a nearly twelve percent increase over the fiscal
year 2019 level for Science, Technology, Engineering and
Mathematics Engagement.
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 2020, 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 bill.
The Committee expects NASA to respect this long-standing
practice.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science....................................... $2,023,100
Planetary Science................................... 2,713,400
Astrophysics........................................ 1,367,700
James Webb Space Telescope.......................... 352,600
Heliophysics........................................ 704,500
---------------
Total, Science.......................................... 7,161,300
===============
Aeronautics............................................. 700,000
===============
Space Technology........................................ 1,291,600
===============
Exploration:
Orion Multi-purpose Crew Vehicle.................... 1,425,000
Space Launch System (SLS) Vehicle Deployment........ 2,150,000
Exploration Ground Systems.......................... 592,800
Exploration Research and Development................ 962,100
---------------
Total, Exploration...................................... 5,129,900
===============
Space Operations........................................ 4,285,700
===============
Science, Technology, Engineering, and Mathematics (STEM) 123,000
===============
Safety, Security and Mission Services................... 3,084,600
===============
Construction and Environmental Compliance and 497,200
Restoration............................................
===============
Office of Inspector General............................. 41,700
===============
Total, NASA............................................. $22,315,000
------------------------------------------------------------------------
SCIENCE
The Committee provides $7,161,300,000 for Science, which is
$255,600,000 above the fiscal year 2019 appropriation and
$857,600,000 above the request.
Earth Science.--The recommendation includes $2,023,100,000
for Earth Science programs. Despite the overwhelming benefits
to the economy, coastal regions, and to humankind generally,
the Administration eliminated virtually all major missions to
incorporate selected ocean color and atmospheric aerosol
measurement capabilities needed to ensure continuity and
additional capability in the measurement record, and to
demonstrate measurement technologies for a larger future
mission to improve detection of climate trends. These missions,
aimed at understanding the Earth system and its response to
natural and human-induced forces and changes, will help
determine how to predict future changes and mitigate or adapt
to them. In June 2018, the NASA Administrator told a U.S.
Senate panel that NASA should continue to monitor the Earth's
carbon dioxide emissions that contribute to global warming.
Despite the Administrator's persuasive argument, the
President's fiscal year 2020 budget request chose to eliminate
missions totaling nearly $190,000,000 that address human-
induced forces with regard to climate change. The Committee
rejects this proposal, and has included sufficient funding to
continue such programs, and expects NASA to comply with
Committee direction.
Earth Science Research and Analysis and Carbon
Monitoring.--The Committee recommends $508,200,000 for Earth
Science Research, which is $54,100,000 greater than the fiscal
year 2019 appropriation, and $60,300,000 greater than the
Administration's request. Within this total, NASA shall provide
not less than $356,500,000 for Earth Science Research and
Analysis, of which $10,000,000 is directed for the Carbon
Monitoring System, which was eliminated in the Administration's
fiscal year 2020 budget request.
Plankton, Aerosol, Cloud, ocean Ecosystem (PACE).--The
Committee provides $147,000,000, which is $14,000,000 below the
fiscal year 2019 appropriation, and $147,000,000 greater than
the Administration's request, which would have eliminated this
mission. The Committee does not concur with the
Administration's proposal to terminate the mission because of
its unique scientific value in aiding critical parts of the
U.S. coastal economy like commercial fishing. The data to be
generated by PACE builds upon a multi-decade effort by NASA and
other Federal agencies to generate information from space that
helps characterize and assess the health of the fisheries
environment and to more accurately assess the status of fish
stocks. Such information cannot be replicated elsewhere, and
industry itself does not have the financial means to acquire
wide scale data such as that generated by PACE and its
precursor missions. Therefore, the Committee sees any effort to
terminate this mission as shortsighted and based upon
incomplete analysis of the benefits of PACE's data to U.S.
coastal economies, the provision of which is an inherently
governmental responsibility. In providing this appropriation,
the Committee directs NASA to provide and report, concurrent
with the operating plan, including details on NASA's efforts to
maintain a 2022 launch date for this mission. Therefore, the
Committee directs NASA to include adequate funding for PACE in
the fiscal year 2021 budget request.
Climate Absolute Radiance and Refractivity Observatory
(CLARREO) Pathfinder.--The Committee provides $26,000,000 for
this mission, $8,000,000 greater than the fiscal year 2019
appropriation, and $26,000,000 greater than the
Administration's request, which would have eliminated the
mission. The Committee does not concur with the
Administration's proposal to terminate this mission because the
CLARREO Pathfinder mission demonstrates measurement
technologies required for a future mission recommended in the
2007 decadal survey focused on improving detection of climate
trends. Therefore, the Committee directs NASA to include
adequate funding for CLARREO in the fiscal year 2021 budget
request.
Venture Class Missions.--Within the amounts provided for
Earth Science, the Committee recommends up to $205,200,000 for
NASA's Venture Class Missions. NASA's Earth Venture Class
Missions provide frequent flight opportunities for high-
quality, low-cost Earth science investigations that can be
developed and flown in five years or less. NASA selects the
investigations through open competitions to ensure broad
community involvement and encourage innovative approaches.
Successful investigations enhance our capability to understand
the current state of the Earth system and enable continual
improvement in the prediction of future changes.
University Small Satellite Missions.--The Committee
supports NASA's collaborative efforts with U.S. colleges and
universities to conduct research through small spacecraft
missions, including CubeSat and SmallSat missions. The
Committee believes these competitively selected projects help
train the next generation of scientists and provide much-needed
research. The Committee directs NASA to provide not less than
$25,000,000 for these missions.
Planetary Science.--The Planetary Science Research program
provides the scientific foundation for data returned from NASA
missions exploring the solar system. It is also NASA's primary
interface with university faculty and graduate students in this
field and the research community in general. These studies
enable planetary scientists to answer specific questions about,
and increase the understanding of, the origin and evolution of
the solar system.
Lunar Discovery and Exploration.--The Committee supports
the requested level of $210,000,000 for the Lunar Discovery and
Exploration program, including $22,000,000 for the Lunar
Reconnaissance Orbiter and $57,500,000 for the new Lunar Future
initiative to address the strategic knowledge gaps important
for human exploration of the Moon.
Planetary Defense.--Within Planetary Science, Planetary
Defense programs, the Committee provides $160,000,000 to fund
NASA's Planetary Defense program and recommends not less than
$72,400,000 be made available for the upcoming Double Asteroid
Redirection Test (DART) mission. Additionally, within Planetary
Defense programs, Other Missions and Data Analysis, funding is
included for continued development of the Near Earth Object
Camera (NEOCam). The Committee remains supportive of the NEOCam
mission, which follows a 2010 National Academy of Sciences
report regarding the use of space-based infrared survey
telescopes to discover asteroids that pose a hazard to Earth.
The recommendation includes no less than the fiscal year 2019
enacted level for NEOCam. The Committee understands that NASA
is awaiting a report from the National Academies of Sciences,
Engineering, and Medicine (NASEM) to provide independent advice
regarding NEOCam in a study to be completed by the second
quarter of 2019, pending the internal review process.
Additionally, NASA shall maintain no less than current funding
levels for its use of the National Science Foundation's ground-
based telescopes to fulfill its planetary protection mission
and determine if additional funds are required.
Mars Exploration Program.--The Committee provides
$570,000,000, which is $23,500,000 greater than the requested
level, for the Mars Exploration Program to ensure launch of the
Mars 2020 mission and to further development of a Mars Sample
Return mission to be launched in 2026. Given that sample return
was the highest priority of the previous planetary science
decadal survey, NASA shall provide the Committee with a year-
by-year future funding profile for a planned focused Mars
sample return mission to be ready for a 2026 launch. In
addition, the Committee endorses the mid-term decadal survey
recommendation for NASA to develop a comprehensive Mars program
architecture, strategic plan, and management structure that
maximizes synergy among existing and future domestic and
international missions and science optimization at the
architectural level.
Jupiter Europa Missions.--The Committee provides
$592,600,000, which is $47,600,000 greater than fiscal year
2019, and equal to the requested level, for the Europa Clipper
Mission. The Clipper mission will explore Europa, the smallest
of the four Galilean moons orbiting Jupiter, and investigate
its habitability.
Jupiter Europa Lander.--The Committee provides no
additional funding for the Jupiter Europa Lander. In fiscal
year 2019, the Committee provided $195,000,000 for the Jupiter
Europa Lander. Development of the Jupiter Europa Lander is a
priority and the Committee wishes to see research and
development of the Lander continue. The Committee understands
that funding provided in fiscal year 2019 is sufficient to
continue research and development through fiscal year 2020.
Therefore, additional funding is not provided for Lander in
this Act. However, the Committee directs NASA to include
adequate funding for continued research and development of the
Jupiter Europa Lander in the fiscal year 2021 budget request.
Icy Satellites Surface Technology.--The Committee provides
$60,000,000, which is $25,000,000 greater than fiscal year
2019, and $57,800,000 greater than the requested level, for Icy
Satellites Surface Technology to meet the science goals for the
Jupiter Europa mission as recommended in previous Planetary
Science Decadal surveys and to enable a lander on Europa by the
next decade, based on input from the next Planetary Science
Decadal survey.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
Within Astrophysics, the Committee provides $85,200,000, which
is equal to fiscal year 2019, and $12,200,000 greater than the
requested level, for the Stratospheric Observatory for Infrared
Astronomy (SOFIA). Working collectively with other space
telescopes, including Hubble and Spitzer, these observatories
create a comprehensive web of information and data that spans
both the electromagnetic spectrum and time itself.
Wide Field Infrared Survey Telescope (WFIRST).--The
Committee provides $510,700,000, which is $198,500,000 greater
than fiscal year 2019, and $510,700,000 greater than the
Administration's requested level, which would have eliminated
WFIRST. This mission was included as the highest priority in
the 2010 Astrophysics Decadal Survey. The recommended amount
shall include $65,000,000 for continued development of the
coronagraph as a technology demonstration mission. The WFIRST
telescope continuation is essential to unravel the secrets of
dark energy and dark matter, search for and image exoplanets,
and explore many topics in infrared astrophysics.
Heliophysics.--The Committee provides $704,500,000, which
is $15,500,000 below fiscal year 2019, and equal to the
Administration's requested level for Heliophysics. Heliophysics
studies the nature of the Sun and how it influences the very
nature of space. Studying this system helps us understand
fundamental information about how the universe works and helps
protect technology and astronauts in space.
AERONAUTICS
The Committee provides $700,000,000 for Aeronautics, which
is $25,000,000 below fiscal year 2019 and $33,100,000 above the
Administration's requested level.
Hypersonics Technology Project.--Within amounts provided,
no less than $60,000,000 is for NASA's ongoing Hypersonics
Technology Project. This project coordinates closely with
partners in the Department of Defense so that NASA can leverage
their investments in ground and flight activities to develop
and validate advanced physics-based computational models as
building blocks towards the long-term vision. Focus areas for
the project include hypersonic propulsion systems, reusable
vehicle technologies, high-temperature materials, and systems
analysis. The development of new hypersonic capabilities,
generally faster than mach five, focuses on sustaining
hypersonic competency for national needs while advancing
fundamental hypersonics research.
Electric Air Flight.--The Committee encourages
strengthening collaborations between NASA, the Department of
Energy, and national laboratories to overcome energy storage
challenges for mobility such as electric air flight.
Additionally, the Committee encourages efforts to overcome
technological barriers in demonstrating the capability of
electrified aircraft, such as higher energy density batteries,
development of new, lower-cost materials, and the establishment
of testing methods and protocols.
SPACE TECHNOLOGY
The Committee recommends $1,291,600,000 for Space
Technology, which is $364,700,000 above fiscal year 2019, and
$277,300,000 above the Administration's requested level.
Space Technology Mission Directorate.--The Committee
reaffirms its support for the independence of the Space
Technology Mission Directorate and recognizes that its current
status enables it to support the development of a wide array of
various technologies. This diverse portfolio contains
technology development activities that have broad applications
beyond human exploration and that help to meet the agency's
science objectives, establish new commercial and academic
partnerships, and stimulate the growth of the nation's
technology sector. This approach also ensures that NASA
technologists and their external partners maintain the ability
to address long-term strategic goals rather than only focusing
on short-term, mission-specific objectives. In addition, the
Directorate's direct engagement with the academic community is
supporting the development of the next generation of space
technologists. The Committee directs NASA to preserve the
Directorate as a standalone entity within the agency, and to
maintain its focus on broad technology development goals that
are independent of mission-specific needs.
Regional economic development.--The Committee provides
$8,000,000, which is $3,000,000 above fiscal year 2019, and
$8,000,000 above the Administration's requested level for
NASA's regional economic development program that focuses on
partnerships with State and regional economic development
organizations as they expand space-related commercial
opportunities designed to address NASA mission needs.
Nuclear thermal propulsion technology.--The Committee
provides $125,000,000, which is $25,000,000 greater than the
fiscal year 2019 enacted amount, and $125,000,000 greater than
the Administration's requested level, which was zero, for
continued development and demonstration of a nuclear thermal
propulsion system. Within 180 days of the enactment of this
Act, NASA shall submit a multi-year plan that enables a nuclear
thermal propulsion demonstration, including the timeline
associated with the space demonstration, and a description of
future missions and propulsion and power systems enabled by
this capability. NASA shall take into consideration the use of
nuclear thermal propulsion as it drafts the multi-year
exploration roadmap directed in this bill. Further, within the
amounts provided for nuclear thermal propulsion, up to
$10,000,000 may be used to develop a digital twin model to
support the cost-effective development, manufacturing, and
operation of nuclear thermal propulsion technologies.
Technology Maturation--In-Space Robotic Manufacturing and
Assembly.--The Committee provides $72,200,000, which is
$37,200,000 greater than fiscal year 2019, and equal to the
Administration's requested level, for In-Space Robotic
Manufacturing and Assembly. Within this appropriation is
$14,300,000 for additive manufacturing, a process that will
transform the traditional spacecraft-manufacturing model by
enabling in-space creation of large spacecraft systems. No
longer will developing, building, and qualifying a spacecraft
focus so heavily on an integrated system that must survive
launch loads and environments. These crosscutting technologies
could also greatly reduce cost while increasing capabilities
for both NASA and commercial space applications. Across all
NASA accounts, funding is included for In-Space Robotic
Manufacturing, of which nearly $35,000,000 is included for
additive manufacturing. Further, the Committee supports
additive manufacturing efforts focused on sub-scale work,
including the development of digital twin technologies.
Technology Demonstration Mission--Satellite Servicing/
Restore-L.--The Committee provides $180,000,000, which is equal
to the fiscal year 2019 appropriated level and $134,700,000
greater than the Administration's fiscal year 2020 requested
level, for the Restore-L program to conduct an orbital
refueling mission in 2022. These funds shall be used
exclusively for activities related to and associated with the
Restore-L spacecraft and any demonstrations that it will
conduct or support. The Committee recognizes and encourages the
development of satellite servicing to benefit not only NASA,
but the Department of Defense, the Intelligence Community, and
the private sector. Moreover, the Committee directs NASA to
encourage other government entities to take full advantage of
Restore-L's capabilities.
Solar Electric Propulsion.--The Committee provides
$48,100,000, which is equal to the fiscal year 2019
appropriated level, and $4,700,000 greater than the
Administration's fiscal year 2020 requested level, for solar
electric propulsion activities. According to NASA, high-powered
solar electric propulsion can efficiently propel more ambitious
robotic science and human exploration missions beyond the Earth
and into deep space. Furthermore, solar electric propulsion
will enable more efficient orbit transfer of spacecraft and
accommodate the increasing power demands for government and
commercial satellites.
Flight opportunities small launch technology platform.--
Within amounts provided, no less than $25,000,000 is for the
Flight Opportunities Program to enable NASA to continue to
partner with commercial industry to advance technologies for
sub-orbital and orbital launch vehicles for small payloads,
with the aim to increase affordability of those technologies
and to allow for more frequent access to relevant launch
environments, including low-Earth orbit. This funding fills a
research gap by offering several minutes of microgravity
research at a relatively low price. Of this amount, $5,000,000
is dedicated for competitively-selected opportunities in
support of payload development and flight of K-12 and
collegiate educational payloads.
Advanced Technologies to Support Air Revitalization
Initiative.--The Committee provides $3,500,000, equal to the
fiscal year 2020 request level, for NASA to support university
and industry research related to the development and
application of ionic liquid-based technologies to aid in air
revitalization systems.
EXPLORATION
The Committee provides $5,129,900,000 for Exploration,
which is $79,100,000 above fiscal year 2019, and $108,200,000
above the Administration's requested level.
Orion.--The Committee provides $1,425,000,000, which is
$75,000,000 above the fiscal year 2019 appropriated level, and
$158,800,000 greater than the Administration's fiscal year 2020
requested level for Orion. NASA shall keep the Committee
informed of the status of activities related to Orion, the
European Service Module, and ongoing activities related to
integration of Orion with Space Launch System and associated
ground infrastructure.
Space Launch System (SLS).--The Committee provides
$2,150,000,000, which is equal to the fiscal year 2019
appropriated level, and $374,600,000 greater than the
Administration's fiscal year 2020 requested level for SLS.
Exploration Ground Systems (EGS).--The Committee provides
$592,800,000, which is equal to the fiscal year 2019
appropriated level, and $192,700,000 greater than the
Administration's fiscal year 2020 requested level for
Exploration Ground Systems (EGS). Within this amount,
$50,000,000 is included for the second mobile launch platform.
Exploration missions.--In its 2014 report, Actions Needed
to Improve Transparency and Assess Long-Term Affordability of
Human Exploration Programs, the U.S. Government Accountability
Office (GAO) recommended that NASA establish a separate cost
and schedule baseline for work required to support Space Launch
System (SLS) Block I Exploration Mission-2 and establish
separate cost and schedule baselines for each additional
capability of SLS, Orion, and associated exploration ground
systems that encompass all life-cycle costs, to include
operations and sustainment. The NASA Office of Inspector
General made a similar recommendation in its April 2017 report,
NASA's Plans for Human Exploration Beyond Low Earth Orbit,
noting that NASA should establish more rigorous cost and
schedule estimates for the SLS and exploration ground programs
for the EM-2 mission mapped to available resources and future
budget assumptions. Accordingly, NASA shall, within one year of
enactment of this Act, establish the agency cost and schedule
commitments for the launch readiness date for SLS and the
associated ground systems for EM-2. If additional development
efforts occur outside the scope of work for EM-2--such as, but
not limited to, Exploration Upper Stage and a second Mobile
Launcher--then NASA shall establish separate cost and schedule
baselines for each additional capability of SLS, Orion, and
associated ground systems that exceed the $250,000,000
threshold for designation as a major project and ensure they
encompass all life-cycle costs, to include operations and
sustainment.
Human exploration programs.--The Committee directs GAO to
continue its review of NASA's human exploration programs,
specifically the SLS program, the Orion program, and
Exploration Ground Systems, to include the mobile launch
platforms, and to include integration and software development
issues that cut across these programs. In addition, the
Committee directs GAO to review NASA's lunar-focused programs,
including the Gateway program and other programs or projects
that are expected to have an estimated life-cycle cost over
$250,000,000, as part of GAO's semiannual assessment of NASA
major projects. Separately, the Committee directs GAO to
continue conducting in-depth reviews of NASA's lunar-focused
programs. GAO shall report on the acquisition progress of these
programs, as well as any challenges NASA faces in implementing
its lunar efforts, as applicable. GAO shall provide periodic
updates to the Committee on these reviews.
Monitoring Program Costs and Execution.--The Committee
recommends that NASA adhere to the open priority
recommendations provided by GAO. These nine priority
recommendations relate to: (1) monitoring program costs and
execution, and (2) improving efficiency and effectiveness. One
recommendation regarding the International Space Station will
be addressed in separate report language related to Space
Operations. Further, within 90 days after enactment of this
Act, NASA is directed to report to the Committee on its efforts
to implement the priority GAO recommendations, and, if
necessary, provide the Committee with adequate justification as
to why NASA has failed, or will not comply.
Recommendations for monitoring and execution not mentioned
elsewhere in this report include: to decrease the risk of cost
and schedule overruns, NASA should identify a range of possible
missions for each future SLS variant that includes cost and
schedule estimates and plans for how those possible missions
would fit within NASA's funding profile; to decrease the risk
of cost and schedule overruns and to promote affordability,
before finalizing acquisition plans for future capability
variants, NASA should assess the full range of competition
opportunities and assess the extent to which development and
production of future elements of the SLS could be competitively
procured; to improve NASA management and oversight of its
spaceflight projects, and to improve the reliability of project
earned value management (EVM) data, NASA should modify the NASA
Procedural Requirements 7120.5 to require projects to implement
a formal surveillance program that: (1) Ensures anomalies in
contractor-delivered and in-house monthly EVM reports are
identified and explained, and report periodically to the center
and mission directorate's leadership on relevant trends in the
number of unexplained anomalies; (2) Ensures consistent use of
work breakdown structures (WBSs) for both the EVM report and
the schedule; (3) Ensures that lower-level EVM data reconcile
with project-level EVM data using the same WBS; (4) Improves
underlying schedules so that they are properly sequenced using
predecessor and successor dependencies and are free of
constraints to the extent practicable so that the EVM baseline
is reliable; and (5) to provide reliable estimates of program
cost and schedule that are useful to support management and
stakeholder decisions, NASA should direct the Orion program to
perform an updated Joint Cost and Schedule Confidence Level
analysis in adherence with cost and schedule estimating best
practices.
Recommendations for improving efficiency and effectiveness
include: NASA should coordinate with the Office of Science and
Technology Policy's Research Business Models working group to
identify additional areas where they can standardize
administrative research requirements.
NASA shall report to the Committee on all these efforts no
later than 180 days after the enactment of this Act.
SPACE OPERATIONS
The Committee provides $4,285,700,000 for Space Operations,
which is $353,400,000 below fiscal year 2019 and equal to the
requested level.
International Space Station (ISS).--The Committee
recommends that NASA adhere to the open priority recommendation
provided by the GAO to develop and maintain a contingency plan
for ensuring a presence on the ISS until a Commercial Crew
Program contractor is certified.
Public-Private Partnerships.--The Committee supports
public-private partnerships to advance commercial capabilities
in LEO, particularly those involving in-kind contributions by
NASA, such as providing a docking node on the ISS available for
partnership opportunities.
Female Astronaut Equipment.--The Committee is concerned by
reports that a lack of adequate equipment prevented two female
astronauts from completing an historic spacewalk together
aboard the International Space Station. The Committee directs
NASA to work with International Space Station partners to
ensure that adequate equipment is available in the future, and
to determine if additional resources are required to meet such
a request. Therefore, within 90 days after enactment of this
Act, NASA shall report to the Committee on the resources
necessary to make adequate equipment available, the timelines
required to make such adequate equipment available, and plans
for providing adequate equipment in the future.
21st Century Launch Complex Program.--Within the amounts
provided for Space Operations, the recommendation includes up
to the fiscal year 2019 levels for the 21st Century Launch
Complex Program. The Committee remains concerned with regard to
efforts directed toward filling critical maintenance, capacity,
and range safety gaps at NASA launch facilities. The Committee
directs that within 90 days after enactment of this Act, NASA
shall report to the Committee regarding the critical
maintenance requirements, capacity, range safety gaps backlog,
and associated costs at all NASA-owned launch complexes,
criteria for awarding funds, and plans for future funding
requests for this critical space infrastructure program.
Commercial Crew Program.--The Commercial Crew Program is
critical to ensuring the United States has safe and reliable
domestic human spaceflight access to low Earth orbit. The
Committee supports the efforts of NASA and its industry
partners to begin operational missions transporting NASA and
international partner astronauts. To ensure continued
innovation in safety systems and to appropriately support
ongoing test activities, the Committee supports the requested
level for the Commercial Crew Program. Further, not later than
30 days after the enactment of this Act, NASA is directed to
provide a report discussing differing launch vehicle fueling
methods being employed by Commercial Crew Partners and the
relative impact of those approaches on the overall mission and
crew safety.
Rocket Propulsion Test program.--The Committee commends the
work of the NASA Rocket Propulsion Test Program in developing
and testing rocket propulsion systems under controlled
conditions, which is critical for the success of NASA and
commercial missions. Within the amounts provided for Space
Operations, the recommendation provides that up to the fiscal
year 2019 level may be used for NASA's Rocket Propulsion Test
program.
International collaboration.--The Committee supports joint
projects between NASA and the Israel Space Agency and directs a
report from NASA within 180 days of enactment of this Act
detailing current and planned projects between the two
agencies.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) ENGAGEMENT
The Committee provides $123,000,000 for Science,
Technology, Engineering, and Mathematics (STEM) Engagement,
which is $13,000,000 greater than fiscal year 2019. The
Administration requested no funding for STEM. The Committee
expects NASA to continue implementing the programs below and to
ensure that overhead costs to support these programs do not
exceed five percent. Further, the Committee directs NASA to
include an adequately requested funding amount for STEM in the
fiscal year 2021 budget request and future requests.
National Space Grant College and Fellowship Program.--The
recommendation includes $48,000,000 for the Space Grant
program. This amount shall be allocated to State consortia for
competitively awarded grants in support of local, regional, and
national STEM needs.
Established Program to Stimulate Competitive Research
(EPSCoR).--The recommendation includes $25,000,000 for EPSCoR.
Minority University Research and Education Project
(MUREP).--The recommendation includes $37,000,000 for MUREP.
STEM Education and Accountability Projects (SEAP).--The
recommendation includes $13,000,000 for SEAP.
SAFETY, SECURITY AND MISSION SERVICES
The Committee provides $3,084,600,000 for Safety, Security
and Mission Services, which is $329,600,000 above fiscal year
2019 and equal to the requested level.
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.
Wind Tunnels.--The Committee recommendation approves NASA's
proposal to transfer the management and funding for its wind
tunnels and other aeronautics ground testing assets and
facilities to Safety, Security, and Mission Services. This
transfer is intended to improve the overall efficiency and
effectiveness of managing testing capabilities within the
Agency.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee provides $497,200,000 for Construction and
Environmental Compliance and Restoration, which is $149,000,000
above fiscal year 2019 and $103,200,000 below the requested
level.
Construction.--The recommendation includes $414,300,000 for
Construction of Facilities, minor revitalization, planning and
design, and demolition. Included in this amount is no less than
$130,500,000 for NASA's three highest priority construction
projects.
Environmental Compliance and Restoration.--The
recommendation includes $82,900,000, which is $8,000,000
greater than the fiscal year 2019 appropriated level and equal
to the Administration's fiscal year 2020 requested level, for
Environmental Compliance and Restoration activities. NASA's
Environmental Compliance and Restoration (ECR) program cleans
up hazardous materials and waste products released to the
surface or groundwater at NASA installations, NASA-owned
industrial plants supporting NASA activities, current or former
sites where NASA operations have contributed to environmental
problems, and other sites where the Agency is legally obligated
to address hazardous pollutants. Included in this amount is
requested funding to manage costs while remediating
environmental contaminants at the Santa Susana Field
Laboratory.
OFFICE OF THE INSPECTOR GENERAL
The Committee recommends $41,700,000 for the Office of the
Inspector General, which is $2,400,000 above fiscal year 2019
and equal to the requested level.
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.
National Science Foundation
The Committee recommends $8,636,141,000 for the National
Science Foundation (NSF). This significant investment, which is
$561,141,000 above fiscal year 2019 and $1,570,141,000 above
the request shows the Committee's support for science, the
academic community, and the next generation of scientists,
mathematicians, astronomers, and engineers across the country.
The Committee underscores the importance of basic research that
both improves the lives of Americans and expands our
understanding of the Earth, the depths of our oceans, our Solar
System, the Universe, and oceans on other planets.
The Committee supports infrastructure investments that
expand our understanding of the universe and inspire students
to pursue careers in the sciences. The Committee recognizes
that current and future large scientific facilities represent
an enormous investment of Federal resources that must be
administered wisely. The Committee supports basic research in
fundamental science areas and expects that as NSF uses the 10
Big Ideas as a focusing tool, the funding for the fundamental
scientific disciplines will be maintained. Within amounts
provided, NSF shall allocate no less than fiscal year 2019
levels to support its existing scientific research, research
laboratories, observational networks, and other research
infrastructure assets, including the astronomy assets, the
current academic research fleet, Federally funded research and
development centers, and the national high-performance
computing centers, so that they may provide the support needed
for cutting edge research.
Innovation Corps.--The Committee recognizes the value of
translating basic research for public benefit and the
recommendation includes an increase of $5,000,000 above the
fiscal year 2019 level for the Innovation Corps program to
build on the initial successes of its highly innovative public-
private partnership model and expand the program to additional
academic institutions.
Computer Science for All.--The Committee strongly supports
NSF's Computer Science for All efforts and the recommendation
including an increase of not less $10,000,000 above the fiscal
year 2019 level for such activities. The Computer and
Information Science and Engineering directorate is expected to
collaborate with the Division of Research on Learning in Formal
and Informal Settings to build on ongoing efforts to improve
rigorous computer science education.
RESEARCH AND RELATED ACTIVITIES
The Committee recommends $7,106,301,000 for Research and
Related Activities, which is $586,301,000 above fiscal year
2019 and $1,443,341,000 above the request. The Committee
believes that strategic investments in the physical sciences
are vitally important for the United States to remain the
global leader in innovation, productivity, economic growth, and
high-paying jobs for the future.
Artificial intelligence.--The Committee believes it is
important to maintain leadership in artificial intelligence and
commends NSF for its significant investments in this area. The
Committee recognizes the potential of artificial intelligence
to transform the economy, foster economic growth, support
national security, and enhance wellbeing. The Committee urges
NSF to invest in the ethical and safe development of artificial
intelligence. Within 90 days of the enactment of this Act, NSF
shall provide the Committee with a report on its efforts to
prioritize investments in artificial intelligence research.
Lead detection, testing, and monitoring.--The Committee
encourages NSF to support funding for next-generation
approaches to low-cost, high quality lead testing detection and
monitoring tools.
Advanced manufacturing.--The Committee recognizes the
Advanced Manufacturing program and its role in assisting
domestic manufacturers to reshape our nation's strategic
industries. The program should continue to prioritize funding
multidisciplinary research that alters and transforms
manufacturing capabilities, methods, and practices, while
providing the framework for domestic manufacturing to remain
competitive, and helping struggling industries reinvent
themselves.
Steel research.--The Committee encourages NSF to use its
Industrial Innovation and Partnerships program to continue
research into the U.S. steel industry.
Palmer Station.--The National Science Foundation currently
conducts year-round operations with marine support at Palmer
Station in the Antarctic, consistent with stated U.S. policy.
Year-round operations have helped advance important scientific
research while maintaining an active U.S. presence on the
Antarctic Peninsula. The Committee supports year-round
operations at Palmer and has provided funding that will enable
the NSF to do so.
Established Program to Stimulate Competitive Research
(EPSCoR).--Within amounts provided, $177,700,000 is for EPSCoR.
Marine research.--The recommendation maintains current
funding levels for existing marine research facilities and
directs NSF to accept new proposals from the academic research
community for research supported by these facilities. The
Committee further directs NSF to develop a plan, in
coordination with the academic research community, to ensure
the science community's continued access to capabilities
comparable to those currently provided by existing NSF marine
research facilities.
Existing astronomy assets.--The Committee underscores that
a critical component of the nation's scientific enterprise is
the infrastructure that supports researchers in discovery
science, including planetary protection. Investments to advance
the frontiers of research and education in science and
engineering are critical to the nation's innovation enterprise.
U.S.-based astronomy facilities continue to make groundbreaking
discoveries and maintain excellent world-class scientific
research. The Committee expects NSF to sustain support for the
programs and scientific facilities funded by the Astronomical
Sciences Division at no less than the fiscal year 2019 levels
to maintain full scientific and educational operations. The
Committee is aware that NSF is working with Federal, academic,
and private sector partners to develop plans to share future
operations and maintenance costs of NSF astronomical
infrastructure. NSF shall keep the Committee informed of these
activities. Further, any proposal by NSF to divest the
Foundation of these facilities shall be proposed as part of any
future NSF budget request and is subject to NSF administrative
provisions included in the accompanying bill.
Quantum initiative.--The Committee supports NSF's research
program in quantum information science and technology in
support of the authorized activities included in Section 401
and Section 402 of the National Quantum Initiative (Public Law
115-368). This emerging field of science promises to yield
revolutionary new approaches to computing, sensing and
communication. NSF should remain committed to developing and
supporting systems that facilitate tremendous leaps in
computational simulation, including artificial intelligence,
storage, quantum computing, and data analyses that enable a
broad range of scientific research. Leading edge high-
performance computing infrastructure is vital for continued
U.S. world leadership and international scientific
competitiveness, particularly given computational investments
and technical achievements in high-performance computing by
other nations. The recommendation provides no less than the
fiscal year 2019 level for these activities.
Geospatial data.--The Committee commends NSF for its
commitment to provide high-performance computing capacity to
advance global topographic mapping. The Foundation's support to
produce geospatial products is contributing significantly to
the advancement of Earth science and adding critical benefits
to Federal agencies needing to access unclassified geospatial
data.
International Ocean Discovery Program (IODP).--The
recommendation provides $48,000,000 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 operating time on the Joint Oceanographic Institutions
for Deep Earth Sampling (JOIDES) Resolution ocean research
vessel. The Committee supports the goal of operating five
research missions a year on the JOIDES Resolution.
High Energy Physics (HEP).--The Committee continues to
provide funding for the HEP program to support scientific
research at university and national laboratories throughout the
nation and advance Particle Physics Project Prioritization
Panel projects, operations of existing large facilities, and
completion of small and medium-sized projects. The exploration
of the nature of neutrinos, the Higgs Boson, dark matter, dark
energy, and yet-to-be-discovered forces that govern the origin
and evolution of our universe will greatly enhance the nation's
scientific knowledge.
Harmful Algal Blooms (HABs).--The Committee supports the
work of the Oceans and Human Health program to better
understand the public health risks of environmental exposures
and encourages NSF to continue its research into the human
health impacts of HABs in the Great Lakes Basin and marine
coastal regions. HABs jeopardize the integrity of drinking
water resources in these regions.
Social, Behavioral, and Economic (SBE) Sciences.--The
Committee supports SBE and recognizes the fundamental
importance of its research for advancing our understanding of
human behavior and its application to a wide range of human
systems, including public health, national defense and
security, education and learning, and the integration of human
and machine. SBE funds over half of our nation's university-
based social and behavioral science research but remains the
smallest of NSF directorates. The Committee believes this
research provides an evidence-based understanding of the human
condition, resulting in more-informed policymaking and better-
informed spending on a full range of national issues. The
recommendation includes no less than the fiscal year 2019 level
for SBE.
Low-energy nuclear reactions (LENR).--The Committee
encourages the NSF to evaluate the various theories,
experiments, and scientific literature surrounding the field of
LENR. It shall also provide a set of recommendations as to
whether future Federal investment into LENR research would be
prudent, and if so, a plan for how that investment would be
best utilized.
Scientific collaboration.--NSF is encouraged to improve the
understanding of scientific collaboration and how scientists
work together.
Plant Genome Research Program (PGRP).--The Committee finds
that NSF's PGRP advances research into crop-based genomics and
phenomics that address challenging economic and societal
questions and directs NSF to continue to fund the PGRP program
and to focus the program on research related to crops of
economic importance.
Algorithmic bias research.--The Committee encourages NSF to
partner with non-government organizations, academic
institutions, and other government agencies including the
National Institute of Standards and Technology, to fund
research on algorithmic bias in artificial intelligence,
machine learning and intelligent systems and its impacts on
decisions related to employment, housing, and creditworthiness
and to develop methods, tools, and programs for resolving bias
within an algorithm. The Committee recognizes that the science
sponsored through such collaboration is important for studying
the impact that algorithms have on protected classes and for
developing an understanding of what kinds of discrimination and
bias protected classes face in these particular activities.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends $223,230,000 for Major Research
Equipment and Facilities Construction, as requested. The
recommendation includes $1,000,000, as requested, for enhanced
oversight. NSF shall continue to provide quarterly briefings to
the Committee on the activities funded in this account.
Antarctica Infrastructure Modernization for Science
(AIMS).--The recommendation includes $97,890,000 for AIMS to
replace major facilities at McMurdo Station, Antarctica, as
requested. The Committee supports the AIMS program and the
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.
Large Synoptic Survey Telescope (LSST).--The recommendation
includes $46,340,000 for LSST, as requested. 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.
High Luminosity-Large Hadron Collider Upgrade (HL-LHC).--
The recommendation includes $33,000,000 for upgrades to the
detectors at the Large Hadron Collider, as requested.
Mid-scale research infrastructure.--The recommendation
includes $45,000,000 in the MREFC account for mid-scale
research infrastructure, as requested. The Committee commends
NSF for its planned investments in mid-scale research
infrastructure, including the provision of larger mid-scale
instrumentation and the facility operation transition program
to better enable support for facilities over their complete
lifespan.
Infrastructure planning.--The Committee is concerned about
the NSF's planning for the construction and development of the
next-generation of competitive large-scale facilities to
support NSF-funded science disciplines, including ground-based
telescopes. Failure to plan for the next generation of
facilities handicaps the U.S. science community and risks our
nation's global leadership in science. The Committee encourages
NSF to develop a comprehensive and prioritized list of large-
scale facilities requested by NSF-supported science
disciplines.
EDUCATION AND HUMAN RESOURCES
The Committee recommends $950,000,000 for Education and
Human Resources, which is $40,000,000 above fiscal year 2019
and $126,530,000 above the request.
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 $48,500,000 for the Louis
Stokes Alliance for Minority Participation; no less than
$67,000,000 for the Robert Noyce Teacher Scholarship Program;
and no less than $15,000,000 for the Tribal Colleges and
Universities Program.
Hispanic Serving Institutions (HSIs).--Hispanic Serving
Institutions and the HSI grant program play an important role
in increasing the recruitment, retention, and graduation rates
of Hispanic students pursuing STEM degrees, particularly at
institutions of higher education that typically do not receive
high levels of NSF funding. The recommendation includes no less
than $45,000,000 for the HSI program.
Historically Black Colleges and Universities Undergraduate
Program (HBCU-UP).--The recommendation provides no less than
$38,000,000 for the HBCU-UP. Within amounts provided, the
recommendation includes an increase of $3,000,000 for the
Historically Black Colleges and Universities Excellence in
Research program. This initiative provides strategic programs
and opportunities for Historically Black Colleges and
Universities (HBCUs) that stimulate sustainable improvement in
their research and development capacity and competitiveness.
The Committee encourages NSF to continue to use research
infrastructure improvement grants, co-funding programs, and
other innovative mechanisms to boost HBCU participation and
capacity throughout NSF research programs.
Inclusion across the Nation of Communities of Learners of
Underrepresented Discoverers in Engineering and Science (NSF
INCLUDES).--The Committee supports the NSF INCLUDES program,
which is a comprehensive national initiative designed to
enhance U.S. leadership in science, technology, engineering and
mathematics discoveries and innovations focused on NSFs
commitment to diversity, inclusion, and broadening
participation in these fields. The recommendation includes no
less than the fiscal year 2019 level for NSF INCLUDES.
Asian American and Native American Pacific Islander-Serving
Institutions (AANAPISIs).--The Committee notes that among the
minority-serving institutions with whom NSF provides grant
opportunities, AANAPISIs are not designated. The Committee
urges NSF to increase grant funding opportunities for
AANAPISIs, and to reach out to these institutions to raise
awareness regarding these grants.
Early Childhood STEM Education.--The Committee urges NSF,
in awarding grants under its Discovery Research PreK-12
program, to consider age distribution in order to more
equitably allocate funding for research studies with a focus on
early childhood.
Cybersecurity research.--The Committee encourages NSF to
form partnerships with Hispanic Serving Institutions and
Historically Black Colleges and Universities with respect to
cybersecurity research.
CyberCorps.--The Committee provides no less than the fiscal
year 2019 level for CyberCorps: Scholarships for Service
program and urges NSF to use the CyberCorps Faculty Fellows
pilot program to address the critical shortage of cybersecurity
faculty in U.S. institutions of higher education. In addition,
the Committee urges NSF to continue work with qualified
community colleges including through providing scholarships and
apprenticeship opportunities.
Bioprocessing workforce development.--The Committee is
aware of the shortage in trained bioprocessing engineers,
scientists and technicians in the workforce and supports
expanded capacity and partnerships at NSF to address these
shortfalls. The lack of proper bioprocessing training
facilities in the United States, particularly those that have
integrated hands-on academic education, industry training, and
workforce development, is crippling this vital source of
ingenuity in the labor force. The Committee strongly urges NSF
to make investments in support of transdisciplinary workforce
development, training and education programs in the
bioprocessing field. When providing resources for these
initiatives, NSF is encouraged to look to institutions of
higher education that have successfully demonstrated national
and international collaborations in this arena.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The Committee recommends $336,890,000 for Agency Operations
and Award Management, which is $7,350,000 above fiscal year
2019 and the same as the request.
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommends $4,370,000 for the National
Science Board, which is the same as fiscal year 2019 and
$270,000 above the request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $15,350,000 for the Office of
Inspector General, which is the same as fiscal year 2019 and
the request.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The bill includes a provision that establishes thresholds
for the transfer of funds.
The bill includes a provision regarding notification prior
to acquisition or disposal of certain assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The Committee recommends $10,500,000 for the Commission on
Civil Rights, which is $435,000 above fiscal year 2019 and
$1,300,000 above the request.
Field Hearings.--The Committee encourages the Commission to
conduct field hearings on priority civil rights topics such as
fair housing and the Census.
Donations.--The Committee includes bill language granting
the Commission the authority to accept donations to carry out
its mission, similar to authority provided to 45 other Federal
agencies. The Commission shall provide to the Committee
quarterly updates on all gifts and donations, as well as the
terms of, and specific activities funded by, the gift or
donation. Additionally, anticipated funding from gifts or
donations shall be included in the Commission's annual spend
plan.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The Committee recommends $399,500,000 for the Equal
Employment Opportunity Commission (EEOC), which is $20,000,000
above fiscal year 2019 and $43,700,000 above the request. The
recommendation continues the increase provided in fiscal year
2018 to address sexual harassment claims. The recommended
additional funding is provided to increase front-line and
investigative staff to reduce wait times for intake
appointments, modernize information technology, and to collect
information required by the revised EEO-1 form.
Summary pay data.--The Committee supports EEOCs's September
2016 revisions to the EEO-1 form. This strengthened pay data
collection will shine a light on pay practices, reveal trends,
and support employers in proactively evaluating their systems
and closing pay gaps.
Charge Quotas.--The Committee is concerned about EEOC's
handling of A, B, and C charges and directs EEOC to submit a
report to the Committee, not later than 120 days after the date
of enactment of this Act, documenting any formal or informal
quotas EEOC has used for the handling of A, B, and C charges,
respectively, as defined in the EEOC's Priority Charge Handling
Procedures, for fiscal years 2018 and 2019, as well as any
projected quotas for Fiscal Year 2020.
International Trade Commission
SALARIES AND EXPENSES
The Committee recommends $101,000,000 for the International
Trade Commission (ITC), which is $6,000,000 above fiscal year
2019 and $9,900,000 above the request.
American Manufacturing Competitiveness Act of 2016--In
fiscal year 2020, the ITC will begin the second cycle for the
consideration of product items for potential inclusion in
future miscellaneous tariff bills (MTBs) no later than October
15, 2019, in compliance with the American Manufacturing
Competitiveness Act of 2016. As part of the first cycle in
fiscal year 2016, the ITC received over 5,000 petitions and
comments and recommended roughly 1,700 products for inclusion
in an MTB. In order to deliver a final MTB report to Congress
by August 2020, the ITC will require a temporary surge in
staffing to prepare, process, and analyze a second round of
petitions. The recommendation supports the ITC's request to
ensure adequate staffing to support this effort.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The Committee recommends $550,000,000 for the Legal
Services Corporation (LSC), which is $135,000,000 above fiscal
year 2019 and $531,800,000 above the request.
LSC is a nonprofit corporation established to promote equal
access to justice and to provide grants for high-quality civil
legal assistance to low-income persons. LSC grants help the
most vulnerable people, including families facing unlawful
evictions or foreclosures and women seeking protection from
abuse. With State, local, pro bono, and private sources
underfunded, LSC is critical to closing the access-to-justice
gap.
Evictions.--The Committee is concerned with the high rate
of evictions in certain States and territories and the limited
available legal aid. The recommendation includes funding for
LSC to conduct and publish an analysis regarding areas within
States and territories with high rates of unmet legal needs
involving evictions and with consideration of variations in
local laws. LSC should use data regarding eviction rates,
availability of legal aid or other free legal advocates, and
differences among laws and procedures affecting evictions in
different areas. In addition, LSC is urged to explore
opportunities to explore increasing access to eviction-related
legal aid in such States and territories including through
LSC's Pro Bono Innovation Fund.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The bill continues certain restrictions on the uses of LSC
funding.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee was disappointed by the proposal to close the
Marine Mammal Commission and rejects that proposal. Instead the
recommendation includes $3,616,000 for the critical work of the
commission to protect the important species in our oceans.
Office of the United States Trade Representative
The Committee recommends $72,000,000 for the Office of the
U.S. Trade Representative (USTR), which is $4,000,000 above
fiscal year 2019 and $3,000,000 above the request. The
Committee recognizes the continued growth in USTR's mission,
but the Committee is concerned that USTR is not executing its
available funding with the ferocity the Committee would
anticipate given USTR's growing workload. In support of better
oversight and transparency of both Salaries and Expenses and
the Trade Enforcement Trust Fund, the Committee directs the
submission of a quarterly expenditure report outlining actual
and planned obligations through the fiscal year by account and
source year as well as USTR's target and actual staffing
levels. Recognizing USTR expenses are largely personnel-
related, USTR is directed to categorize expenses by object
class code and the program areas supported. The report is due
no later than 30 days after the end of each quarter in the
fiscal year.
SALARIES AND EXPENSES
The Committee recommends $57,000,000 for the salaries and
expenses of USTR, which is $4,000,000 above fiscal year 2019
and $2,000,000 below the request. The Committee recommendation
supports current staffing and includes the requested $1,100,000
towards FIRRMA implementation. USTR is encouraged to maintain
staff who can translate trade documents that USTR receives from
China. The Committee directs USTR to continue its reporting
requirement related to free trade agreements, as directed in
House Report 115-704.
U.S.-India Bilateral Trade.--The Committee notes the
importance of U.S.-India bilateral trade and investment.
However, the Committee is concerned that India has been
enacting a series of policies to increase domestic
manufacturing and protect domestic industries and agricultural
production that discriminate against U.S. exports and
investment, including unfair treatment by India of U.S. exports
of American-produced boric acid and the illegal rebranding and
smuggling of U.S.-grown almonds into India. In March 2019, USTR
announced it intends to terminate India's designation as a
beneficiary developing country under the Generalized System of
Preferences (GSP) program primarily because India has (1)
failed to provide the United States with assurances that it
will provide equitable and reasonable access to its markets in
numerous sectors and (2) has implemented a wide array of trade
barriers that create serious negative effects on U.S. commerce.
Accordingly, the Committee supports USTR's work to provide
equitable market access for U.S. exports to India and
encourages USTR to continue to work to address the
aforementioned trade practices and market access issues with
the Indian government.
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 (TFTEA). The recommendation is
$5,000,000 above the request and equal to the amount for fiscal
year 2019.
The recommendation does not include proposed bill language
to change the TFTEA. USTR is encouraged to work with the
appropriate committees for technical fixes to the legislation.
Further, the Committee understands that USTR is interested in
extending the availability of any unused balances within the
Trust Fund until such funds are expended. While the Committee
appreciates USTR's challenges of executing this authority on an
annual basis, USTR has typically not executed against its full
budget authority nor has it shown plans for how the carryover
funding could be allocated if such flexibility were granted.
USTR should consider this in its submission of the quarterly
expenditure report and future congressional justifications.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $6,555,000 for the State Justice
Institute, which is $584,000 above fiscal year 2019 and the
same as the request.
The additional funding is provided to enhance the
Institute's efforts to help State courts address the opioid
epidemic. The Committee expects the Institute to make
addressing the opioid epidemic a priority.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
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,
projects, or activities 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 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 that 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 $2,838,000,000 during fiscal
year 2020. 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.
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 requires the Inspectors General of the
Departments of Commerce and Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation to conduct reviews of activities
funded in this Act and requires certifications regarding
conflicts of interest.
Section 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 prohibits the use of funds made available in
this Act to include certain language in trade agreements.
Section 517 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 FBI to issue
NSLs.
Section 518 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 519 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2020 until the enactment of the Intelligence Authorization Act
for fiscal year 2020.
Section 520 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 521 provides for rescissions of unobligated
balances from the Department of Justice.
Section 522 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 regulations.
Section 523 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 524 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 525 requires funds, to the extent practicable, to
be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Section 526 prohibits the use of funds made available in
this Act by the National Aeronautics and Space Administration
(NASA), the Office of Science and Technology Policy (OSTP) or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company unless the
activities are authorized by subsequent legislation or NASA,
OSTP or NSC after consultation with the Federal Bureau of
Investigation have made a certification pursuant to subsections
(c) and (d) of this section.
Section 527 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 528 requires each department and agency funded in
the bill to submit spending plans.
Section 529 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 530 prohibits funds from being used by the
Department of Justice or Drug Enforcement Administration in
contravention of section 7606 of the Agricultural Act of 2014.
Section 531 prohibits the Department of Justice from
preventing certain States and territories from implementing
State or territory laws regarding the use of medical marijuana.
Section 532 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 533 requires not less than 10 percent of the funds
provided for certain programs be provided to persistent poverty
counties.
Section 534 prohibits the use of funds to include any
question on the 2020 Census that was not included in the 2018
End-to-End Census Test in Providence County, Rhode Island.
Section 535 prohibits funds to move a Bureau of Alcohol,
Tobacco, Firearms and Explosives facility.
House of Representatives Reporting Requirements
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
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.............................. $100,000,000
Federal Bureau of Investigation, Salaries and $60,000,000
Expenses.........................................
Office of Justice Programs........................ $85,000,000
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 Office of the Inspector General, language is included
to transfer funds from the Public Safety Trust Fund.
In title II, under 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 National Security Division, Salaries and Expenses,
language is included to allow 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, State and
Local Law Enforcement Assistance, 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 Community Oriented Policing Services, Community
Oriented Policing Services Programs, language is included to
allow the transfer of funds to the Office of Justice Programs.
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
allowing for the transfer of funds between appropriations.
Under National Science Foundation, Administrative
Provisions, language is included allowing for the transfer of
funds among appropriations.
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.
Under General Provisions, Section 510 provides for the
transfer of funds to the Department of Justice, Office of
Inspector General.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contain 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 that 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 restrict 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 facilitating
business investments, expenses of grants and cooperative
agreements, for the purposes of promoting exports of U.S.
firms. Language is also provided allowing for full medical
coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the
International Trade Administration; employment of Americans and
aliens by contract for services; rental of space abroad and
expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for
use abroad; and payment of tort claims. In addition, language
is included regarding official representation expenses abroad,
purchase of passenger motor vehicles for official use abroad,
obtaining insurance on official motor vehicles, and rental of
tie lines. Language is also recommended deriving a portion of
available funds from fees. Furthermore, language is included
designating funding for China antidumping and countervailing
duty enforcement and compliance activities. Moreover, language
is included providing for two-year availability of funds.
Finally, language is included regarding the contributions under
the Mutual Educational and Cultural Exchange Act of 1961.
Under Bureau of Industry and Security, Operations and
Administration, the language provides for no-year availability
of funds. Language is included regarding the costs associated
with the performance of export administration field activities
both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for
services abroad; payment of tort claims; official
representation expenses abroad; awards of compensation to
informers; and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use without
regard to any price limitation established by law. In addition,
language is included regarding the Mutual Educational and
Cultural Exchange Act of 1961. Finally, language is recommended
providing that payments and contributions collected and
accepted for materials or services may be retained for use in
covering the cost of those activities and other communications.
Under Economic Development Administration, Economic
Development Assistance Programs, the language provides for no-
year availability of funds.
Also, under Salaries and Expenses, language is included
regarding the monitoring of approved projects.
Under Minority Business Development Agency, Minority
Business Development, language is included making funds
available for fostering, promoting, and developing minority
business enterprises, including expenses of grants, contracts
and other agreements.
Under Economic and Statistical Analysis, Salaries and
Expenses, language is included providing for two-year
availability of funds.
Under Bureau of the Census, Current Surveys and Programs,
language is included providing that funds may be used for
collecting, compiling, analyzing, preparing and publishing
statistics and for promotion, outreach and marketing
activities.
Also, under Periodic Censuses and Programs, language is
included providing three-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 making appropriations available under the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Under National Telecommunications and Information
Administration (NTIA), Salaries and Expenses, language is
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
(NIST), 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
(NOAA), Operations, Research, and Facilities, language is
included allowing for two-year availability for funds. 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. 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.
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 and provides that these funds are available until
expended.
Additionally, under Fishery Disaster Assistance language is
included providing no year availability of funds.
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. Further, language is included
withholding funds until the Department submits an expenditure
plan.
In addition, under Renovation and Modernization, language
is included making available funds for expenses towards
Department of Commerce facilities. The language provides no-
year availability.
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 requires the Secretary of Commerce to notify
the Committee of certain actions.
Section 104 extends Congressional notification requirements
for NOAA satellite programs and includes life cycle cost
amounts for certain satellites.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides the Administrator with the authority
to avail NOAA of needed resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging customers for certain publications,
except under certain conditions and requires charges be limited
to recovering costs.
Section 109 authorizes NOAA to receive payments from other
entities to defray some costs of permitting and regulatory
activities.
Section 110 provides authority for the programs of the
Bureau of Economic Analysis and the Bureau of the Census to
enter into cooperative agreements in order to assist in
improving statistical methodology and research.
Section 111 includes travel authority for the Office of the
Secretary of Commerce.
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, and that these funds may be transferred subject to
requirements in this Act and shall be available until expended.
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
a certain amount 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 the administration of pardons and
clemency petitions. 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 and the use of offsetting collections. 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 included limiting the amount of funds considered ``funds
appropriated for State and local law enforcement assistance''.
Language is also included providing that the United States
Marshals Service shall be responsible for managing the Justice
Prisoner and Alien Transportation System.
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 that such a transfer shall
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. 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. In addition, language is included providing for
no-year availability of certain funds. 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. 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
that 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, Smart Policing, Smart Prosecution, juvenile
indigent defense, Convention Security, a National Missing and
Unidentified Persons System, a training program to improve
response for those with mental illness, the John R. Justice
grant program, Capital Litigation and Wrongful Conviction
Review, Prison Rape Prevention and Prosecution, Kevin and
Avonte's Law, Emergency Federal Law Enforcement Assistance,
managed access systems, regional law enforcement technology,
and Community Based Violence Prevention 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. Language is
included for an immigration legal aid pilot. 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. There
is further language regarding certain time limitations under
the Second Chance Act. Furthermore, language is included
waiving a provision of law that terminated the COPS Hiring
Program after September 2000. Language is also included
regarding smart policing, smart prosecution, tribal law
enforcement, regional information sharing activities, and
certain police training. The language also provides for certain
funds to be transferred to ``Research, Evaluation and
Statistics'''. 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 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 funding from being used for certain
public-private partnerships.
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, up to 3 percent of grant
or reimbursement funds made available to that office to be used
for criminal justice research, evaluation and statistics, and
up to 7 percent for grants to Indian tribes.
Section 213 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 214 places limitation on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 215 prohibits funds, other than funds for the
National Instant Criminal Background Check System established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
This language is made permanent.
Section 216 places certain restrictions on the uses of
Department of Justice unobligated balances.
Section 217 provides authority to use certain grant funding
for Performance Partnership Pilots.
Section 218 prohibits the use of case closure metrics for
immigration judge performance evaluations.
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 Space Council, language is included
providing that certain funds be available for reception and
representation expenses.
Under National Aeronautics and Space Administration,
Science, language is included providing for the two 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 two-year availability of funds.
In addition, under Space Technology, language is included
providing for the two-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 Science, Technology, Engineering, and
Mathematics Engagement, 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 language limiting obligation
of certain funds pending submission of certain reports.
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 operation
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.
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. Also, language is included
requiring the Director to submit notification of certain
activities 30 days in advance.
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. Finally, language is included
authorizing the Chair to accept donations or gifts to carry out
the work of the Commission.
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 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,
projects, or activities 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 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 that 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 $2,838,000,000 during fiscal
year 2020, and provides for a transfer of $10,000,000 to the
Department of Justice, Office of Inspector General for
oversight and auditing of the fund. It 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.
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 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, the
National Science Foundation and the Legal Services Corporation
and sets limits and restrictions on the awarding and use of
grants or contracts funded by amounts appropriated by 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 prohibits the use of funds made available in
this Act to include certain language in trade agreements.
Section 517 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 FBI to issue
NSLs.
Section 518 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 519 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2019 until the enactment of the Intelligence Authorization Act
for fiscal year 2019.
Section 520 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 521 provides for rescissions of unobligated
balances from the Departments of Commerce and Justice.
Section 522 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 regulations.
Section 523 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 524 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 525 requires, when practicable, the use of funds in
this Act to purchase light bulbs that have the ``Energy Star''
or ``Federal Energy Management Program'' designation.
Section 526 prohibits the use of funds made available in
this Act by the National Aeronautics and Space Administration
(NASA), the Office of Science and Technology Policy (OSTP) or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company unless the
activities are authorized by subsequent legislation or NASA,
OSTP or NSC after consultation with the Federal Bureau of
Investigation have made a certification pursuant to subsections
(c) and (d) of this section.
Section 527 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 528 requires each department and agency funded in
the bill to submit spending plans.
Section 529 prohibits the use of funds to pay for
unsatisfactory contractor performance.
Section 530 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in contravention
of a certain section of the Agricultural Act of 2014.
Section 531 prohibits the Department of Justice from
preventing certain States or territories from implementing
their laws regarding the use of medical marijuana.
Section 532 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation on official travel to
China.
Section 533 requires not less than 10 percent of the funds
provided for certain programs be provided to persistent poverty
counties.
Section 534 prohibits funds to incorporate into the 2020
Decennial Census any question that was not included in the 2018
End-to-End Census Test.
Section 535 prohibits funds to move a Bureau of Alcohol,
Tobacco, Firearms, and Explosives facility.
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 that are not authorized
by law for the period concerned:
UNAUTHORIZED APPROPRIATIONS
(IN THOUSANDS OF DOLLARS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appropriations in
Program Last year of Authorization level in last year of Appropriations in
authorization year of authorizations authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Commerce:
International Trade Commission:
Operations and Administration:
Export Promotion Activities.............................. 1996 Such sums 264,885 *
Bureau of Industry and Security:
Operations and Administration.............................. 1994 Such sums 34,747 127,652
Economic Development Administration:
Salaries and Expenses...................................... 2008 Such sums 30,832 41,650
Economic Development Assistance Programs................... ................ Various .................... 498,350
Public Works and Economic Development Act Programs....... 2008 500,000 349,100 (396,350)
Minority Business Development Agency:
Minority Business Development.............................. n/a n/a n/a 44,000
Economics and Statistics Administration:
Salaries and Expenses...................................... n/a n/a n/a 107,990
National Telecommunications and Information Administration:
Salaries and Expenses...................................... 1993 17,900 18,493 42,441
National Institute of Standards and Technology:
Scientific and Technical Research and Services............. 2013 676,700 609,514 751,000
Industrial technology services............................. 2013 241,709 140,316 169,172
Manufacturing extension partnerships..................... 2013 (165,100) (126,088) (154,000)
Construction of research facilities........................ 2013 121,300 58,874 120,000
National Oceanic and Atmospheric Administration:
Operations, Research and Facilities:
National Ocean Service................................... 1993 121,183 150,864 642,000
Integrated Ocean Observing System Regional Observations 2013 Such sums (334,932) (40,500)
Coastal Science, Assessment, Response and Restoration.. ................ Various .................... (84,500)
Competitive External Research.......................... ................ Various .................... (20,000)
Coastal Zone Management and Services................... n/a n/a n/a (46,500)
Coastal Zone Management Grants......................... 1999 (50,500) (52,700) (81,000)
Title IX Fund.......................................... 2019 Such sums (30,000) (60,000)
Coral Reef Program..................................... 2004 (16,000) (26,100) (33,000)
Sanctuaries and Marine Protected Areas................. 2005 (40,000) (58,750) (56,500)
National Estuarine Research Reserve System............. 1999 (4,600) (4,300) (29,000)
National Marine Fisheries Services....................... ................ ........................ .................... 944,650
Marine Mammals, Sea Turtles and Other Species.......... ................ ........................ .................... (124,000)
Species Recoveries Grants.............................. 1992 (7,500)
Atlantic Salmon........................................ 1992 (6,500)
Pacific Salmon......................................... 1992 (66,420)
2018 Recertification of the Pacific Salmon Treaty...... n/a n/a n/a (30,000)
Fisheries and Ecosystem Science Programs and Services.. ................ Various .................... (150,000)
Fisheries Data Collections, Surveys and Assessments.... ................ Various .................... (171,000)
Observers and Training................................. ................ Various .................... (45,100)
Fisheries Management Programs and Services............. ................ Various .................... (124,000)
Salmon Management Activities........................... ................ Various .................... (37,000)
Regional Councils and Fisheries Commissions............ ................ Various .................... (41,500)
Interjurisdictional Fisheries Grants................... 2012 3,400 1,157 (3,500)
Enforcement............................................ ................ Various .................... (73,500)
Habitat Conservation and Restoration................... ................ Various .................... (61,625)
Oceanic and Atmospheric Research......................... 1993 1,589,081 202,172
Climate Laboratories and Cooperative Institutes........ 1993 (109,877) (79,948) (73,000)
Regional Climate Data and Information.................. ................ Various .................... (41,500)
Climate Competitive Research........................... n/a n/a n/a (71,000)
Ocean and Coastal Laboratories and Cooperative ................ Various .................... (35,345)
Institutes.............................................
National Sea Grant College Program..................... 2014 (62,800) (73,000)
Marine Aquaculture Program............................. 2014 (4,500) (12,000)
Ocean Exploration and Research......................... 2015 (59,436) (28,000) (44,000)
Integrated Ocean Acidification......................... 2012 (20,000) (6,359) (20,000)
Sustained Ocean Observations and Monitoring............ n/a n/a n/a (48,500)
High Performance Computing Initiatives................. 1996 (4,500) 6,500) (22,235)
National Weather Service................................. 1993 395,822
Observations........................................... ................ Various .................... (230,770)
Central Processing..................................... 1993 (99.797)
Analyze, Forecast and Support.......................... ................ Various .................... (546,300)
Dissemination.......................................... 1993 (75,482)
Science and Technology Integration..................... ................ Various .................... (147,200)
National Environmental Satellite, Data and Information ................ ........................ .................... 281,790
Service
Office of Satellite and Production Operations.......... 1993 (186,790)
Product Development, Readiness and Application......... 1993 (28,500)
Commercial Remote Sensing Regulatory Affairs........... n/a n/a n/a (1,800)
Office of Space Commerce............................... n/a n/a n/a (1,800)
Group on Earth Observations............................ 1993 n/a n/a (500)
National Centers for Environmental Information.......... 1993 39,596 32,646 (62,400)
Mission Support:
Mission Support Services................................ 1993 75,750 71,433 260,166
NOAA Office of Education................................ n/a n/a n/a 34,500
Office of Marine and Aviation Operations:
Marine Operations and Maintenance....................... 1993 68,518 61,222 195,547
Aviation Operations..................................... 1993 10,336 9,872 37,250
Unmanned Systems Operations............................. n/a n/a n/a 15,062
Procurement, Acquisition and Construction:
National Ocean Service:
National Estuarine Research Reserve Construction........ n/a n/a n/a 3,000
Marine Sanctuaries Construction......................... 2005 6,000 10,000 5,000
Office of Oceanic and Atmospheric Research:
Research Supercomputing/CCRI............................ n/a n/a n/a 49,000
National Weather Service:
Observations............................................ 1993 84,516 21,129
Central Processing...................................... n/a n/a n/a 67,000
Dissemination........................................... n/a n/a n/a 10,000
Weather Forecast Office Construction.................... n/a n/a n/a 15,000
National Environmental Satellite, Data and Information
Service:
GOES-R.................................................. n/a n/a n/a 304,056
Space Weather Follow-on................................. n/a n/a n/a 38,600
Polar Weather Satellites................................ n/a n/a n/a 755,038
CDARS................................................... 1993 2,300 n/a 14,850
Low Earth Orbit......................................... n/a n/a n/a 33,202
Geostationary Earth Orbit............................... n/a n/a n/a 25,219
System Architecture and Advanced Planning............... n/a n/a n/a 44,822
Satellite CDA Facility.................................. n/a n/a n/a 2,450
Mission Support:
NOAA Construction....................................... 1993 94,500 64,500 21,000
Office of Marine and Aviation Operations:
Fleet Capital Improvements and Technology Infusion...... n/a n/a n/a 24,634
Pacific Coastal Salmon Recovery............................. 2009 90,000 80,000 65,000
Fishermen's Contingency Fund................................ n/a n/a n/a 349
Fisheries Disaster Assistance............................... 2013 Such sums 5,000 15,000
Fisheries Finance Program Account........................... n/a n/a n/a -8,000
Departmental Management:
Salaries and Expenses....................................... n/a n/a n/a 50,000
Renovation and Modernization................................ n/a n/a n/a 1,100
Office of Inspector General................................. n/a n/a n/a 35,043
Department of Justice:
General Administration:
Salaries and Expenses....................................... 2009 181,561 105,805 114,740
Justice Information Sharing Technology...................... 2009 204,152 80,000 33,875
Executive Office for Immigration Review..................... para.2009 n/a n/a 672,966
Office of Inspector General................................. 2009 81,922 80,681 105,500
United States Parole Commission:
Salaries and Expenses....................................... 2009 12,711 12,570 12,672
Legal Activities:
Salaries and Expenses, General Legal Activities............. 2009 764,526 805,655 934,600
Salaries and Expenses, Antitrust Division................... 2009 162,488 157,788 166,755
Salaries and Expenses, United States Attorneys.............. 2009 1,829,194 1,851,336 2,329,800
Salaries and Expenses, Foreign Claims Settlement Commission. 2009 1,429 1,823 2,335
Fee and Expenses of Witnesses............................... 2009 203,755 168,300 270,000
Salaries and Expenses, Community Relations Service.......... 2009 10,977 9,873 17,000
Assets Forfeiture Fund (discretionary)...................... 2009 22,000 20,990 20,514
United States Marshals Service................................ 2009 900,178 954,000 3,252,061
Salaries and Expenses....................................... ................ Sec. (960,000) (1,444,600)
Construction................................................ ................ Sec. (4,000) (15,000)
Federal Prison Detention#................................... 2009 1,858,509 1,355,319 (1,792,461)
National Security Division:
Salaries and Expenses....................................... n/a n/a n/a 109,585
Interagency Law Enforcement:
Interagency Crime and Drug Enforcement...................... 2009 744,593 515,000 570,000
Federal Bureau of Investigation............................... 2009 6,480,608 7,301,191 9,507,823
Salaries and Expenses....................................... ................ Sec. (7,182,700) (9,455,928)
Construction................................................ ................ Sec. (153,491) (51,895)
Drug Enforcement Administration:
Salaries and Expenses....................................... 2009 1,930,462 1,959,084 2,356,858
Bureau of Alcohol, Tobacco, Firearms and Explosives:
Salaries and Expenses....................................... 2009 1,038,939 1,078,215 1,439,000
Federal Prison System......................................... 2009 5,698,292 6,171,561 7,475,000
Salaries and Expenses....................................... ................ Sec. (5,600,792) (7,325,000)
Building and Facilities..................................... ................ Sec. (575,807) (150,000)
Office on Violence Against Women:
Violence Against Women Prevention and Prosecution Programs:
STOP Grants............................................... 2018 215,000 215,000 222,000
Transitional Housing Assistance........................... 2018 35,000 35,000 41,000
Research and Evaluation on Violence against Women......... n/a n/a n/a 3,000
Consolidated Youth-oriented Program....................... ................ Various .................... 20,000
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
Grants to Encourage Arrest Policies....................... 2018 53,000 53,000 62,000
Homicide Reduction Initiative........................... n/a n/a n/a (4,000)
Sexual Assault Victims Services........................... 2018 40,000 35,000 50,000
Rural Domestic Violence and Child Abuse Enforcement....... 2018 50,000 40,000 50,000
Violence on College Campuses.............................. 2018 12,000 20,000 26,000
Civil Legal Assistance.................................... 2018 57,000 45,000 57,000
Elder Abuse Grant Program................................. 2018 9,000 5,000 9,000
Family Civil Justice...................................... ................ Various .................... 22,000
Court Training and Improvements Program................. 2011 5,000 **
Safe Havens Program..................................... 2011 5,000 **
Education and Training for Disabled Female Victims........ 2018 9,000 6,000 9,000
National Resource Center on Workplace Responses........... 2018 1,000 500 1,000
Research on Violence Against Indian Women................. 2015 1,000 940 1,000
Indian Country--Sexual Assault Clearinghouse.............. n/a n/a n/a 1,000
Tribal Special Domestic Violence Criminal Jurisdiction.... 2018 n/a n/a 5,000
Rape Survivor Child Custody Act........................... 2019 5,000 1,500 3,500
Office on Justice Programs:
Research Evaluation and Statistics:
Bureau of Justice Statistics.............................. 1995 33,000 32,335 43,000
NCS-X Implementation Program............................ n/a n/a n/a (5,000)
National Institute of Justice............................. 1995 33,000 58,879 37,000
Domestic Radicalization Research........................ n/a n/a n/a (5,000)
State and Local Law Enforcement Assistance:
Byrne Memorial Justice Assistance Grants.................. 2012 1,095,000 470,000 530,250
Officer Robert Wilson III VALOR Initiative.............. n/a n/a n/a (15,000)
Smart Policing.......................................... n/a n/a n/a (7,500)
Smart Prosecution....................................... n/a n/a n/a (10,000)
Juvenile Indigent Defense............................... n/a n/a n/a (4,000)
Convention Security..................................... n/a n/a n/a (100,000)
NamUS................................................... n/a n/a n/a (3,600)
Training Program to Improve Responses to People with n/a n/a n/a (2,500)
Mental Illness.........................................
John R. Justice Grant Program........................... 2014 Such sums .................... (2,000)
Prison Rape Prevention and Prosecution.................. 2010 40,000 15,000 (15,500)
Emergency Federal Law Enforcement Assistance............ 2016 20,000 n/a (2,000)
Managed Access.......................................... n/a n/a n/a (2,000)
Regional Law Enforcement Training Initiative............ n/a n/a n/a (3,000)
State Criminal Alien Assistance Program................... 2011 950,000 n/a 260,000
Adam Walsh Act Implementation............................. 2009 Such sums 18,000 20,000
National Sex Offender Public Website...................... n/a n/a n/a 1,000
Community Teams to Reduce the Sexual Assault Kit (SAK) n/a n/a n/a 49,000
Backlog..................................................
CASA-Special Advocates.................................... 2018 12,000 12,000 12,000
Community Trust Initiative................................ n/a n/a n/a 60,000
Body-worn Camera Partnership............................ n/a n/a n/a (25,000)
Justice Reinvestment Initiative......................... n/a n/a n/a (35,000)
Immigration Representation Pilot.......................... n/a n/a n/a 10,000
Community Policing Development/Training and Technical n/a n/a n/a (10,000)
Assistance.............................................
POLICE Act.............................................. n/a n/a n/a (20,000)
Juvenile Justice Programs:
Youth Mentoring Grants.................................... 2007 Such sums Sec. Sec. 100,000
Juvenile Accountability Block Grant:
Missing and Exploited Children Programs................... 2018 Various 84,000
Missing and Exploited Children grants................... ................ * * *
Training for Judicial Personnel........................... 2018 2,300 2,000 2,000
Community Oriented Policing Services:
COPS Hiring Grants........................................ 2009 1,047,117 1,000,000 239,750
Regional information sharing activities................. 2003 100,000 29,000 (38,000)
Tribal Access Program................................... n/a n/a n/a (3,000)
Community Policing Development/Training and Technical n/a n/a n/a (6,500)
Assistance.............................................
POLICE Act................................................ n/a n/a n/a 12,000
Anti-Methamphetamine Task Forces.......................... n/a n/a n/a 8,000
Anti-Heroin Task Forces................................... n/a n/a n/a 32,000
Science:
National Aeronautics and Space Administration:
Science..................................................... 2017 5,500,000 5,764,900 7,161,300
Aeronautics................................................. 2017 640,000 660,000 700,000
Space Technology............................................ 2017 686,000 686,500 1,291,600
Exploration................................................. 2017 4,330,000 4,324,000 5,129,900
Space Operations............................................ 2017 5,023,000 4,950,700 4,285,700
Education................................................... 2017 115,000 100,000 123,000
Safety, Security and Mission Services....................... 2017 2,788,600 2,768,600 3,084,600
Construction and Environmental Compliance and Remediation... 2017 388,000 360,700 497,200
Office of Inspector General................................. 2017 37,400 37,900 41,700
National Science Foundation:
Research and Related Activities............................. 2013 6,637,879 5,983,280 para.para.7,106,301
Major Research Equipment and Facilities Construction........ 2013 236,764 196,170 223,230
Education and Human Resources............................... 2013 1,041,762 895,610 950,000
Agency Operations and Award Management...................... 2013 363,670 299,400 336,890
Office of the National Science Board........................ 2013 4,906 4,440 4,370
Office of Inspector General................................. 2013 15,049 14,200 15,350
Related Agencies:
Commission on Civil Rights:
Salaries and Expenses....................................... 1995 9,500 8,904 10,500
International Trade Commission:
Salaries and Expenses....................................... 2004 57,240 58,925 101,000
Legal Services Corporation:
Payment to the Legal Services Corporation................... 1980 205,000 300,000 550,000
Marine Mammal Commission:
Salaries and Expenses....................................... 1999 1,750 1,240 3,616
Office of the U.S. Trade Representative:
Salaries and Expenses....................................... 2004 33,108 41,552 57,000
State Justice Institute:
Salaries and Expenses....................................... 2008 7,000 3,760 6,555
--------------------------------------------------------------------------------------------------------------------------------------------------------
*The recommendation does not provide a specific amount for this program.
Authorization provides a single amount for activities spread across multiple NOAA Control Table lines.
The National Integrated Drought Information System Reauthorization Act of 2018 (Public Law 115-423) authorized Weather and Air Chemistry Research
Programs. Other programs are unauthorized.
The last time the NWS was comprehensively authorized was 1993. Though specific programs, like the Tsunami Warning and Education Program, are
currently authorized the recommendation does not provide a specific amount for those programs.
para.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 separates these into different accounts.
Sec. 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 FY 2011. 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.
Sec. Sec. The authorization for this program expired in FY 2007. Since the government was funded by a full-year continuing resolution, the Committee did
not provide a specific appropriation for this program.
para.para.Within the Research and Related Activities account, funding for Dyslexia and windstorm research are authorized.
Comparison With the Budget Resolution
Section 308(a)(1)(A) of the Congressional Budget Act
requires the report accompanying a bill providing new budget
authority to contain a statement comparing the levels in the
bill to the suballocations submitted under section 302(b) of
the Act for the most recently agreed to concurrent resolution
on the budget for the applicable fiscal year.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
allocations to its subcommittees: Subcommittee
on Commerce, Justice, Science, and Related
Agencies:
Discretionary............................... 66,395 72,000 73,895 \1\76,399
Mandatory................................... 336 329 336 \1\329
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
NOTE.--Consistent with the funding recommended in the bill for the 2020 Census, in accordance with section 1(g)
of House Resolution 293 of the 116th Congress, and after the bill is reported to the House, the Chairman of
the Committee on the Budget will provide a revised section 302(a) allocation reflecting an additional
$7,500,000,000 in discretionary budget authority and $5,400,000,000 in outlays. That new allocation will
eliminate the technical difference prior to Floor consideration.
Five-Year Outlay Projections
In compliance with section 308(a)(1)(B) of the
Congressional Budget and Impoundment Control Act of 1974
(Public Law 93-344), as amended, the following table contains
five-year projections associated with the budget authority
provided in the accompanying bill:
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Outlays
----------------------------------------------------------------------------------------------------------------
Projection of outlays associated with the recommendation:
2020................................................. ........... ........... ........... \1\ 50,080
2021................................................. ........... ........... ........... 18,055
2022................................................. ........... ........... ........... 5,671
2023................................................. ........... ........... ........... 2,640
2024 and future years................................ ........... ........... ........... 3,457
----------------------------------------------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
Assistance to State and Local Governments
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974, as amended, 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 -2,832 \1\84
governments for 2020...................
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
Program Duplication
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.
Committee Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
The following hearings were used to develop or consider the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2020:
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held an oversight hearing on February 26, 2019,
entitled ``Understanding the Changing Climate System and the
Role of Climate Research.'' The Subcommittee received testimony
from:
Dr. Michael Freilich, Director of NASA's Earth Science
Division; and
Dr. Neil Jacobs, Assistant Secretary of Commerce for
Environmental Observation and Prediction.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a budget hearing on March 7, 2019, entitled
``Executive Office for Immigration Review.'' The Subcommittee
received testimony from:
James McHenry, Executive Office for Immigration Review.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held an oversight hearing on March 12, 2019, entitled
``Department of Justice Civil Rights Division.'' The
Subcommittee received testimony from:
Eric Dreiband, Assistant Attorney General for the Civil
Rights Division, U.S. Department of Justice.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held an oversight hearing on March 13, 2019, entitled
``Gun Violence Prevention and Enforcement.'' The Subcommittee
received testimony from:
Thomas E. Brandon, Deputy Director, Bureau of Alcohol,
Tobacco, Firearms and Explosives; and
Christine Halvorsen, Acting Assistant Director for Criminal
Justice Information Services, Federal Bureau of Investigation.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a budget hearing on March 26, 2019, entitled
``National Science Foundation's Budget Request for Fiscal Year
2020.'' The Subcommittee received testimony from:
Dr. France A. Cordova, Director, National Science
Foundation.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a budget hearing on March 26, 2019 entitled
``Member Day Hearing.'' The Subcommittee received testimony
from:
The Honorable Mo Brooks, Member of Congress;
The Honorable Debra A. Haaland, Member of Congress;
The Honorable Sheila Jackson Lee, Member of Congress;
The Honorable Hakeem S. Jeffries, Member of Congress;
The Honorable Bill Posey, Member of Congress; and
The Honorable Peter J. Visclosky, Member of Congress.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a budget hearing on March 27, 2019, entitled
``The National Oceanic and Atmospheric Administration's Budget
Request for Fiscal Year 2020.'' The Subcommittee received
testimony from:
Dr. Neil Jacobs, Acting Administrator, National Oceanic and
Atmospheric Administration.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a budget hearing on March 27, 2019, entitled
``NASA's Budget Request for Fiscal Year 2020.'' The
Subcommittee received testimony from:
James Bridenstine, Administrator, National Aeronautics and
Space Administration.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a budget hearing on April 4, 2019, entitled
``Federal Bureau of Investigation Budget Request for FY 2020.''
The Subcommittee received testimony from:
Christopher Wray, Director, Federal Bureau of
Investigation.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a budget hearing on April 9, 2019, entitled
``Department of Justice Budget Request for Fiscal Year 2020.''
The Subcommittee received testimony from:
William P. Barr, Attorney General of the United States; and
Lee J. Lofthus, Assistant Attorney General for Administration.
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held an oversight hearing on April 30, 2019, entitled
``Oversight Hearing: 2020 Census Preparation.'' The
Subcommittee received testimony from:
Dr. Steven Dillingham, Director, U.S. Census Bureau.
Robert Goldenkoff, Director of Strategic Issues, Government
Accountability Office.
Nicholas Marinos, Director, Information Technology and
Cybersecurity, Government Accountability Office.
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 2019 enacted amounts and budget estimates
presented for fiscal year 2020:
MINORITY VIEWS
We appreciate the efforts of the Majority in producing a
Commerce, Justice, Science and Related Agencies (CJS)
Appropriations bill that addresses priorities of Members on
both sides of the aisle. We also want to thank Chairman Serrano
and his staff for their diligent efforts to incorporate many of
our Members' proposed bill modifications into his Manager's
Amendment. This bill is a testament to the commitment the
Chairman made to work together with the Minority.
We are also pleased that the bill funds NASA at levels
necessary to work toward completion of the Space Launch System
and the Exploration Upper Stage, and provides strong funding to
continue developing deep space exploration technologies, like
nuclear thermal propulsion. The bill's investment in nuclear
thermal propulsion is critical as NASA works toward the design
of a flight demonstration by 2024.
The bill also includes the funding needed for the critical
missions of our Federal law enforcement components, as well as
the agencies that ensure compliance with our trade laws and
agreements. In addition, it provides valuable resources for our
law enforcement entities back home, by helping to eliminate the
sexual assault kit backlog and supporting critical drug court
programs and other vital initiatives that address the opioid
epidemic.
Still, we have many unaddressed concerns with this bill.
The bill does not provide the resources for NASA necessary to
achieve the Administration's goal of establishing a permanent,
U.S. human presence on and around the Moon within the next
decade.
The bill also contravenes existing law by funding lawyers
for aliens arriving at our Southern border. Current immigration
law affirms an alien's right to counsel, but only at no expense
to taxpayers.
It also eliminates several long-standing Second Amendment
protections that have enjoyed historical, bipartisan support.
The elimination of freedoms that are not even associated with
the criminal misuse of firearms is unfortunately an all-too-
predictable outgrowth of an unabashed gun control agenda with
no basis in the science of criminal justice.
We are also disappointed to see language that ties the
hands of the Administration. For example, the bill restricts
the ability of the Secretary of Commerce to reorganize agencies
and transfer and reprogram funds. These changes will hinder the
Secretary's ability to improve operational efficiencies and
respond quickly to changing resource needs, including with
respect to the 2020 Census.
Additionally, the bill prohibits the incorporation of case
completion benchmarks as one metric of the Executive Office for
Immigration Review (EOIR)'s multidimensional performance review
of its immigration judges. As the Director of EOIR has noted,
``using metrics to evaluate performance is neither novel nor
unique to EOIR.'' It is an understatement to say that EOIR's
pending caseload--888,000 and growing--is a matter of concern
to the Minority. The net effect of EOIR's untenable backlog is
to delay due process, not to mention justice--in many cases for
years--for those who have a valid claim to immigration
benefits.
A final area of concern is the funding level in the absence
of any topline budget agreement that begins to tackle our
national debt. In addition to a $7,500,000,000 adjustment for
the 2020 Census, this bill is $2,300,000,000 above the fiscal
year 2019 enacted level. No doubt there are critical programs
in this bill deserving of strong Congressional support, but
that sentiment in no way negates the need for an over-arching
plan for fiscal responsibility. The House Democrats' budget
framework would raise the discretionary spending caps by more
than $350,000,000,000 in fiscal years 2020 and 2021 and does
not reflect a House-passed budget resolution or a bipartisan,
bicameral agreement. This would put the Federal government on
track to add to the national debt, which is already above
$22,000,000,000,000 and rising. We fear this is setting us up
for a scenario that could end in a year-long continuing
resolution at best--or another protracted government shutdown
at worst.
We do pledge to work with the Majority in good faith as we
proceed through the legislative process. Working together, we
have passed this bill through the Congress and avoided a year-
long continuing resolution for the past four years. It is our
sincere hope we can do so again this year.
Kay Granger.
Robert Aderholt.