[House Report 113-448]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-448
======================================================================
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL,
2015
_______
May 15, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Wolf, from the Committee on Appropriations, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4660]
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, 2015, 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............................ 22
38
Title III--Science......................................... 60
66
Office of Science and Technology Policy............ 60
66
National Aeronautics and Space Administration...... 61
67
National Science Foundation........................ 68
79
Title IV--Related Agencies................................. 72
83
Commission on Civil Rights......................... 72
83
Equal Employment Opportunity Commission............ 73
83
International Trade Commission..................... 74
84
Legal Services Corporation......................... 74
84
Marine Mammal Commission........................... 75
85
Office of the United States Trade Representative... 76
85
State Justice Institute............................ 76
86
Title V--General Provisions................................ 77
86
87-908
Bill Totals
The Committee recommends a total of $51,539,000,000 for the
departments and agencies funded in this bill for fiscal year
2015, including $51,202,000,000 in discretionary budget
authority. This level of discretionary budget authority is
$398,000,000, or 0.8 percent, below the fiscal year 2014 level.
The recommended level is also $1,027,926,000 or 2.1 percent
above the Congressional Budget Office re-estimate of the
President's budget request, and $203,926,000 or 0.4 percent
above the comparable budget request had the same Congressional
Budget Office scorekeeping adjustments been applied to both the
request and this bill. The recommendation for fiscal year 2015
does not include any emergency supplemental appropriations.
The Committee recommends terminating 33 programs, resulting
in savings of more than $250,000,000 from the fiscal year 2014
level and $190,000,000 from the President's request for these
same programs.
Oversight and Budget Review
During its review of the fiscal year 2015 budget request
and execution of appropriations for fiscal year 2014, the
Subcommittee on Commerce, Justice, Science, and Related
Agencies held nine budget and oversight hearings. In addition
to receiving testimony from Administration officials
representing the departments and agencies funded in this bill,
the Committee received testimony from expert witnesses. The
Committee hearings are listed below:
Hearing Hearing Date
The State of Efforts to Stop Human Trafficking........ 2/26/2014
Federal Investments in Neuroscience Research.......... 2/27/2014
Federal Bureau of Investigation Director.............. 3/26/2014
National Science Foundation Acting Director........... 3/27/2014
Drug Enforcement Administration Administrator......... 4/2/2014
Attorney General...................................... 4/4/2014
National Aeronautics and Space Administration 4/8/2014
Administrator........................................
Secretary of Commerce................................. 4/9/2014
Bureau of Prisons Director............................ 4/10/2014
As part of the Committee's oversight and analysis of the
Administration's budget request, the Committee submitted a
number of requests for additional information and written
questions to be answered by the departments and agencies. These
materials are important for the Committee in conducting
oversight and making funding recommendations.
In furtherance of this oversight responsibility, the
Committee began in fiscal year 2012 to require the major
agencies funded in this bill to provide information on the
status of balances of appropriations, including amounts that
are: unobligated and uncommitted; committed to contracts,
grants or other planned obligations; and obligated but
unexpended. The Committee found that the agencies cannot, in
all cases, provide a comprehensive picture of the status of
balances.
The accurate and comprehensive reporting of balances
enables the Committee to determine the amount of appropriations
necessary to accomplish program purposes. The Committee
recommendations under certain accounts in this report include
direction concerning the use, or rescission, of unobligated
balances.
Section 507 requires detailed quarterly reports from the
Departments of Commerce and Justice, the National Aeronautics
and Space Administration (NASA), and the National Science
Foundation (NSF) on the status of unobligated balances,
commitments and obligations, including the source year, or
obligation year, of balances. The Committee expects that agency
reports will show the status of balances at the appropriation
account level, as well as at budget activity or other lower
levels where such levels are reflected in the Committee's
report accompanying an appropriations act. The Committee
directs the agencies included in section 507 of this Act to
take the necessary administrative actions (including, when
necessary, the reconfiguration of internal accounting systems)
to capture and routinely report this information.
Major Themes and Initiatives
The Committee's funding recommendations focus resources on
the areas of highest priority, reflecting the Committee's
assessment of national priorities and ongoing challenges.
Law enforcement and national security.--Defending the
Nation from both internal and external threats remains the
Department of Justice's highest priority. This bill provides
essential technological and human capital to detect, disrupt
and deter threats to our national security. The bill provides
$8.5 billion for the Federal Bureau of Investigation (FBI).
This level includes funding for counterterrorism efforts and to
continue the development of capabilities to prevent and
investigate cyber intrusions. The bill also provides $2.1
billion for the Drug Enforcement Administration (DEA) and $1.2
billion for the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF). In addition, the bill includes a total of
$2.1 billion in discretionary appropriations for Justice grant
programs including $426 million for Violence Against Women
Prevention and Prosecution programs and $376 million for Byrne
Justice Assistance Grants providing support for a broad range
of State and local criminal justice needs.
More accurate and timely weather forecasts and warnings.--
The mission of the National Weather Service is to provide
forecasts and warnings for the protection of life and property
and enhancement of the national economy. Recent events remind
us of the loss of life, tragedy and disruption that can result
from severe weather. The bill includes $1.1 billion for the
operations and systems of the National Weather Service. In
addition, the bill provides the requested amounts for two next-
generation National Oceanic and Atmospheric Administration
(NOAA) flagship weather satellite programs: the Joint Polar
Satellite System (JPSS) ($917 million) and the Geostationary
Operational Environmental Satellite-R Series (GOES-R) ($981
million). These amounts will allow NOAA to maintain acquisition
and launch schedules and minimize any future gaps in data that
are critical to forecast accuracy.
American innovation and competitiveness.--Investments in
scientific research are key to long-term economic growth. Basic
research leads to innovation and improves the competitiveness
of American businesses, leading, in turn, to positive impacts
on the quality of life for all Americans. The bill includes
$7.4 billion for the NSF for basic scientific research, and
$856 million for research and standards work at the National
Institute of Standards and Technology (NIST), including $130
million for the Manufacturing Extension Partnership to increase
the competitiveness of the Nation's manufacturers. NASA's
aeronautics research enables continuous innovation in aviation
and space industries. The bill includes $666 million for
aeronautics research, an increase of $100 million above fiscal
year 2014. An efficient patent process is also critical for
innovation and economic growth. The bill provides $3.5 billion
for the Patent and Trademark Office (PTO), which is the full
estimate of fee collections for fiscal year 2015, and an
increase of $434 million above fiscal year 2014. Finally, the
bill includes over $1 billion for science, technology,
engineering and math (STEM) education programs across NSF, NASA
and NOAA.
Committee Recommendation by Title
Department of Commerce.--In title I of the bill, for the
Department of Commerce, the Committee recommends a total of
$8.4 billion in discretionary budget authority, which is $175
million above fiscal year 2014 and $391 million below the
request. Highlights of the Committee's recommendation include:
$3.5 billion for PTO, which is equal to the
amount of fee collections estimated by the
Congressional Budget Office, and an increase of $434
million, or 14.4 percent, above fiscal year 2014;
$856 million for NIST, which is $6 million
above fiscal year 2014, including $671 million for
scientific and technical research, and $130 million for
the Manufacturing Extension Partnership (MEP); and
$5.3 billion for NOAA, $11 million above
fiscal year 2014. The bill supports critical weather
forecasting programs, including the requested amounts
for development of the JPSS and GOES-R weather
satellites. In addition, the bill includes $16 million
above the request for National Weather Service
operations and systems.
Department of Justice.--In title II of the bill, for the
Department of Justice, the Committee recommends a total of
$27.8 billion in discretionary budget authority, which is $384
million above fiscal year 2014 and $137 million above the
request. Highlights of the Committee's recommendation include:
$8.5 billion for the FBI, an increase of
$125 million above fiscal year 2014, including
continuing funding for national security programs,
investigations of cyber attacks, and countering human
trafficking and violent gang crime;
$2.1 billion for the DEA, which is $35
million above fiscal year 2014, and an additional $367
million for prescription drug abuse regulatory and
enforcement initiatives funded by diversion control
fees;
$7.0 billion for the Bureau of Prisons,
which is $121 million above fiscal year 2014; and
$2.1 billion for State and local law
enforcement assistance, including $426 million for
Violence Against Women Prevention and Prosecution
programs.
Science.--In title III of the bill, for the Office of
Science and Technology Policy (OSTP), NASA and NSF, the
Committee recommends a total of $25.3 billion. Highlights of
the Committee's recommendation include:
$17.9 billion for NASA, which is $250
million above fiscal year 2014 and $435 million above
the request, including:
-- $4.2 billion for Exploration, including
funding to keep NASA on schedule for upcoming
Orion Multi-Purpose Crew Vehicle and Space
Launch System flight milestones, and to
continue progress on the commercial crew
program;
-- $3.9 billion for Space Operations,
continuing the operation of the International
Space Station; and
-- $5.2 billion for Science programs,
including $1.45 billion for planetary science
to ensure the continuation of critical research
and development programs that were imperiled by
the President's request.
$7.4 billion for the NSF, which is $232
million above fiscal year 2014 and $149 million above
the request for basic scientific research and science
education programs.
Related agencies.--In title IV of the bill, the Committee
recommends a total of $869 million, a decrease of $12 million
below fiscal year 2014 and $87 million below the request.
Highlights of the Committee's recommendation include:
$350 million for the Legal Services
Corporation, which is $15 million below fiscal year
2014;
$364 million for the Equal Employment
Opportunity Commission, which is the same as fiscal
year 2014; and
$54 million for the Office of the United
States Trade Representative, which is $1 million above
fiscal year 2014.
Cybersecurity at Federal Agencies
The security of Federal agency computer systems is
essential to protecting national and economic security as well
as ensuring public safety. Safeguarding such systems and the
information they contain has been on the Government
Accountability Office's (GAO) list of high-risk areas since
1997. Risks to such systems include escalating and emerging
threats from around the globe, which are further heightened by
steady advances in the sophistication of attack technology and
the ease of obtaining and using hacking tools.
Beginning in fiscal year 2012, the Committee directed each
department and agency funded in this bill to submit an annual
report to the Committee describing the cyber attacks and
attempted cyber attacks against such department or agency and
their consequences; the steps taken to prevent, mitigate or
otherwise respond to such attacks; the cybersecurity policies
and procedures in place, including policies about ensuring safe
use of computer and mobile devices by individual employees; and
a description of all outreach efforts undertaken to increase
awareness among employees and contractors of cybersecurity
risks. The Committee expects each department and agency to
submit the annual cybersecurity report for 2014 by February 5,
2015.
In addition, section 515 of the recommended bill requires
the Departments of Commerce and Justice, NASA and NSF, before
acquiring any high-impact or moderate-impact information
system, to review and assess supply chain, cyber-espionage and
sabotage risks, develop a risk mitigation strategy, and make a
determination that such acquisition is in the national
interest. Included in the assessment of cyber-espionage and
sabotage risks will be an assessment of any risk associated
with a system being produced, manufactured, or assembled by one
or more entities identified by the United States Government as
posing a cyber threat, including but not limited to, those that
may be owned, directed, or subsidized by the People's Republic
of China. Each department or agency covered under section 515
shall submit quarterly reports to the Committee describing any
reviews and assessments done, and any determinations made
pursuant to this section, and in addition shall summarize the
results of such assessments in the annual cybersecurity report
described in the preceding paragraph.
Reprogramming Procedures
Section 505 of the bill contains language concerning the
reprogramming of funds between programs, projects and
activities. The Committee reminds the departments and agencies
funded in this bill that the reprogramming process is based on
comity between the Congress and the Executive Branch. This
process is intended to provide departments and agencies
sufficient flexibility to meet changing circumstances and
emergent requirements not known at the time of congressional
review of the budget while preserving congressional priorities
and intent. In the absence of comity and respect for the
prerogatives of the Appropriations Committees and the Congress
in general, the Committee may opt to include specific program
limitations and details in legislation and remove language
providing the flexibility to reallocate funds. Under these
circumstances, programs, projects and activities become
absolutes and the executive branch shall lose the ability to
propose changes in the use of appropriated funds except through
legislative action.
The Committee expects that each department and agency
funded in this bill shall follow the directions set forth in
this bill and the accompanying report, and shall not reallocate
resources or reorganize activities except as provided herein.
Reprogramming procedures shall apply to funds provided in this
bill, unobligated balances from previous appropriations Acts
that are available for obligation or expenditure in fiscal year
2015, and non-appropriated resources such as fee collections
that are used to meet program requirements in fiscal year 2015.
As specified in section 505, the Committee expects that the
Appropriations Subcommittees on Commerce, Justice, Science, and
Related Agencies of the House and Senate will be notified by
letter a minimum of 15 days (or in the case of the Department
of Justice 45 days) prior to any reprogramming of funds that--
(1) creates or initiates a new program, project or
activity;
(2) eliminates a program, project or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices, programs or
activities;
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
(7) augments existing programs, projects or
activities in excess of $500,000 or 10 percent,
whichever is less, or reduces by 10 percent funding for
any program, project or activity, or numbers of
personnel by 10 percent; or
(8) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects or
activities as approved by Congress.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. The Committee
further expects any department or agency funded in this bill
which plans a reduction-in-force to notify by letter the
Committee 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.
Work Opportunities for Federal Prisoners
The Committee notes that Federal Prison Industries, Inc.
(FPI) is specifically authorized to manufacture products no
longer made in the United States. This represents an
opportunity to provide additional work opportunities for
Federal prisoners, which has been identified as an important
contributing factor to the safety of Federal prisons, and to
reducing recidivism. The Committee directs the Departments of
Commerce and Justice, NASA, and NSF to notify FPI of products
they are currently purchasing from foreign sources, and to meet
with FPI at least annually to discuss related procurement
opportunities.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends $473,000,000 in total resources
for the programs of the International Trade Administration
(ITA), which is $3,000,000 above fiscal year 2014 and
$33,731,000 below the request. This amount is offset by
$10,000,000 in estimated fee collections, resulting in a direct
appropriation of $463,000,000. Funds shall be distributed as
follows; any deviation shall be subject to the procedures set
forth in section 505 of this Act:
Industry and Analysis................................. $55,000,000
Enforcement and Compliance............................ 73,000,000
Global Markets........................................ 323,000,000
Executive Direction and Administration................ 22,000,000
-----------------
Total............................................. $473,000,000
Reorganization.--ITA shall continue to provide regular
updates regarding the ongoing reorganization that is expected
to result in program efficiencies and savings. The Committee
expects ITA to ensure that the reorganization is implemented in
a timely fashion and in accordance with the proposal submitted
to the Committee.
U.S. and Foreign Commercial Service (U.S.&FCS).--The
Committee recommends $323,000,000 for Global Markets, which
includes the U.S.&FCS. This amount includes an increase of
$3,000,000 above fiscal year 2014 to expand overseas presence
in priority markets. The Committee directs ITA to review its
existing staff complement to ensure that the maximum number of
staff are deployed overseas and at Export Assistance Centers
located throughout the U.S. ITA shall submit a report no later
than 120 days after enactment of this Act describing the
current status of the National Export Initiative and progress
toward the goal of doubling exports by the end of fiscal year
2014. The Committee reminds ITA that the primary mission of the
Global Markets program shall continue to be export promotion.
SelectUSA.--The recommendation includes up to $7,000,000
for SelectUSA activities. The Committee expects that these
funds will be used to encourage foreign direct investment and
to work with U.S. companies to repatriate manufacturing or
service activities back to the United States. The Committee
directs that these funds shall not be used for outreach
activities to state-owned entities. Commerce shall provide a
report no later than 120 days after enactment of this Act on
the type of assistance provided during fiscal year 2014 and the
number and type of foreign firms that decided to locate in the
United States as a result of SelectUSA assistance. The
Secretary shall notify the Committee promptly if any foreign
direct investment proposals facilitated by SelectUSA are
referred to the Committee on Foreign Investment in the United
States.
Survey of International Air Travelers.--Within amounts
provided for Industry and Analysis, the recommendation includes
up to $1,500,000 for a program evaluation of the Survey of
International Air Travelers. ITA is encouraged to coordinate
these efforts with BrandUSA, a non-profit entity authorized to
promote the U.S. as a travel destination.
Enforcement and Compliance.--The recommendation includes
$73,000,000 for enforcement and compliance activities, which is
$2,433,000 above fiscal year 2014. Of this amount, up to
$7,000,000 is included for ITA's support of the Interagency
Trade Enforcement Center (ITEC). ITA shall submit a report no
later than 90 days after enactment of this Act regarding
accomplishments of the ITEC during fiscal years 2013 and 2014,
and proposed activities for fiscal year 2015.
China antidumping and countervailing duty activities.--The
Committee retains bill language directing ITA to spend no less
than $16,400,000 for China antidumping and countervailing duty
enforcement and compliance activities. The Committee awaits a
report included in the statement accompanying Public Law 113-
76, the Consolidated Appropriations Act, 2014, regarding
antidumping and countervailing duty laws. ITA shall include in
this report a review of the extent to which existing laws
address the anti-competitive actions of Chinese state-owned or
state-invested enterprises operating in the U.S. market.
Trade enforcement remedies.--ITA shall, in cooperation with
the Office of the U.S. Trade Representative, employ all
remedies authorized by World Trade Organization rules to
counter the effects of the Chinese government's extensive
subsidies and their impact on U.S. products and services. The
Committee awaits an assessment regarding the extent to which
existing laws address these concerns, as directed in the
statement accompanying Public Law 113-76, the Consolidated
Appropriations Act, 2014.
Trade secrets.--The Committee remains concerned about the
insufficient level of attention given to trade secret theft and
the pace at which it is being addressed by the U.S. government.
The Committee awaits a report from Commerce on this matter as
directed in the statement accompanying Public Law 113-76, the
Consolidated Appropriations Act, 2014.
Human rights training.--ITA shall continue to ensure that
current and new customer-facing employees receive human rights
training and provide a report to the Committee no later than
120 days after the enactment of this Act regarding these
efforts.
Support for firms.--The Committee encourages ITA to ensure
that it is providing adequate support and services for women-,
minority- and veteran-owned firms that are seeking assistance
in gaining access to foreign markets for their products and
services. The Committee recognizes that these firms possess
tremendous economic potential if they participate more actively
and effectively in export markets. As such, the Committee urges
ITA to reach out to and promote such firms to enable them to
contribute to our trade goals of creating jobs and increasing
exports.
Bio-based chemical feed stock materials.--The Committee
directs ITA to conduct a study to determine the extent, if any,
of potential impacts to U.S. bio-based chemical producers
caused by foreign incentives or other market distorting
policies outside the United States and identify potential
remedies to mitigate these market distortions. Commerce shall
provide this report to the Committee no later than 120 days
after enactment of this Act.
Asbestos brakes.--The manufacture of asbestos brakes has
been banned in the United States for about 10 years yet the
Committee understands that some imported brake pads are still
manufactured with asbestos. Commerce shall submit a report
within 120 days of enactment of this Act regarding the current
policy with respect to the importation of asbestos-containing
brakes and an assessment of the ability of U.S.-based
manufacturers to produce brakes without asbestos or other
banned substances.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The Committee recommends $103,500,000 for the Bureau of
Industry and Security (BIS), which is $2,050,000 above fiscal
year 2014 and $7,049,000 below the request. Funds shall be
distributed as follows; any deviation shall be subject to the
procedures set forth in section 505 of this Act:
Export Administration................................. $56,500,000
Export Enforcement.................................... 41,500,000
Management and Policy Coordination.................... 5,500,000
-----------------
Total............................................. $103,500,000
Export Administration.--The recommendation includes
$56,500,000 for export administration activities, including an
increase of $500,000 as requested to support additional duties
as a result of the transfer of certain satellite licensing
responsibilities from the State Department to BIS. BIS shall
provide a report no later than 120 days after enactment of this
Act regarding processes it has implemented to ensure that
satellites and related components are adequately safeguarded
under the revised export control regime.
Export Enforcement.--The recommendation includes
$41,500,000 for export enforcement activities, including an
increase of $1,932,000 to support additional export control
officers in Germany, Turkey, and the United Arab Emirates,
enhancements to the Information Triage Unit, and national level
enforcement and analytic expansion. In addition, BIS shall use
up to $6,000,000 in prior year unobligated balances to support
these activities. BIS shall continue providing quarterly
briefings regarding export control reform, to include status
reports on the number and type of licenses being transferred
from State as well as updates on BIS's migration to the
Department of Defense's USXports, which will result in a single
export licensing information technology system. The Committee
expects that continued export control reform will result in
process efficiencies and savings.
Internet freedom.--BIS shall submit a report no later than
120 days after enactment of this Act regarding the extent to
which U.S. products or services have been used by the People's
Republic of China in efforts to control or suppress what
information can be accessed by its citizens on the Internet.
BIS shall include in this report an analysis of the so-called
Tiananmen Square sanctions included in Public Law 101-246 and
the extent to which these restrictions are or should be
applicable to Internet hardware and software.
Economic Development Administration
The Committee recommends $247,500,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA), which is $1,000,000 above fiscal year
2014 and $682,000 below the request.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee recommends $210,500,000 for Economic
Development Assistance Programs, which is $1,000,000 above
fiscal year 2014 and $500,000 above the request. Funds shall be
distributed as follows; any deviation shall be subject to the
procedures set forth in section 505 of this Act:
Public Works.......................................... $101,000,000
Partnership Planning.................................. 31,000,000
Technical Assistance.................................. 12,000,000
Research and Evaluation............................... 1,500,000
Trade Adjustment Assistance........................... 10,000,000
Economic Adjustment Assistance........................ 40,000,000
Innovative Manufacturing Loans/Section 26............. 5,000,000
Assistance to Coal Mining Communities................. 10,000,000
-----------------
Total............................................. $210,500,000
Awards documentation.--EDA shall address the matters
outlined in the February 2014 Government Accountability Office
(GAO) report, EDA: Documentation of Award Selection Decisions
Could Be Improved, and provide a report within 120 days of
enactment of this Act outlining a plan and timeframes for
addressing the deficiencies outlined in this report. In
addition, GAO found that counties where EDA funded projects
under Public Works and Economic Adjustment Assistance were
generally part of nonrural areas (areas with an urban center of
more than 50,000 people). Specifically, in fiscal years 2007
and 2011, respectively, 52 percent and 67 percent of all of
EDA's funded projects under the two programs were in nonrural
areas. EDA shall redouble its efforts to ensure that it
provides support to rural areas still struggling with long-term
unemployment, low per capita income and outmigration.
Assistance to coal mining communities.--The Committee is
disappointed that EDA has not included in its budget a
comprehensive strategy to assist communities throughout the
country that are suffering significant coal mining job losses.
According to the Bureau of Labor Statistics, coal mining jobs
have decreased from about 84,400 in March 2011 to about 77,700
in March 2014--an 8 percent reduction--yet EDA has not
developed a plan to assist these communities. Given a variety
of factors, coal mining job losses, many in counties with fewer
than 50,000 residents that have been dependent on coal mining
for generations, are expected to continue. Therefore, the
recommendation includes $10,000,000 for EDA to develop a
comprehensive program designed to assist coal mining
communities that have experienced significant job losses since
2011 and continue to experience outmigration or severe economic
dislocation because of structural economic changes brought
about by changes in the coal industry. EDA shall provide a
report to the Committee no later than 90 days after enactment
of this Act that outlines a comprehensive strategy, with an
emphasis on infrastructure investments, broadband development,
repatriation, and export opportunities, to assist these
struggling communities. In developing this strategy, EDA shall
consult with impacted communities and economic development
organizations to ensure that this strategy is designed with
locally driven solutions. The recommendation also includes an
increase for Planning grants to enable these communities to
prepare Comprehensive Economic Development Strategies.
Repatriation grants.--The recommendation retains bill
language carried in prior appropriations acts directing EDA to
use $5,000,000 within amounts provided for Economic Adjustment
Assistance to continue efforts to encourage U.S. firms to
relocate their manufacturing or services back to the United
States. As part of this effort, Commerce shall examine ways to
include Native American communities as potential repatriation
locations. In addition, the bill maintains language under the
Departmental Management heading directing the Secretary to
maintain a repatriation task force. The Committee is
disappointed with the Department's implementation of these
programs and expects that EDA and Commerce shall work more
aggressively to develop these efforts. The Department shall
brief the Committee no later than 30 days after enactment of
this Act regarding its plan to implement these programs. The
Committee directs EDA to submit a report no later than 60 days
after the enactment of this Act describing the number and types
of entities and industries that sought to take advantage of
this program, as well as a list of grants approved during
fiscal year 2014. The Committee encourages EDA to make
prospective grantees aware of the Assessing Costs Everywhere
(ACE) Tool described under the Departmental Management section
of this report.
Innovative manufacturing loans.--The recommendation
includes $5,000,000 for loan guarantees under section 26 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3721). Regarding program implementation, the Committee
reiterates all language on this program from the explanatory
statement accompanying the fiscal year 2014 Consolidated
Appropriations Act. The Committee further expects the
Department and EDA to continue working expeditiously to
implement the program and to avoid additional delays, and
directs the Department to report to the Committee within 60
days of enactment of this Act on the steps taken to implement
the program and the expected future timeline for
implementation. As steps are taken toward full implementation,
the Committee encourages EDA to consult with the Office of
Inspector General (OIG).
Small and medium-sized manufacturers.--The Committee
encourages EDA to continue to support and participate in
public-private partnerships to support American manufacturing,
and further encourages EDA to work through partnerships to
connect small and medium-sized manufacturers with information
technology, education, and training to help create
manufacturing jobs and enhance the global competitiveness of
small and medium-sized American manufacturers.
SALARIES AND EXPENSES
The Committee recommends $37,000,000 for EDA salaries and
expenses, which is the same as fiscal year 2014 and $1,182,000
below the request.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The Committee recommends $30,000,000 for the Minority
Business Development Agency (MBDA), which is $2,000,000 above
fiscal year 2014 and $1,714,000 above the request.
Assistance for agricultural and manufacturing start-ups.--
The Committee notes that manufacturing and agricultural start-
up companies often face particular challenges that can impede
their chances of success. Therefore, the Committee directs MBDA
to work with the Manufacturing Extension Partnership (MEP) at
the National Institute of Standards and Technology (NIST) and
with ITA to see how their efforts can be better coordinated to
ensure that Commerce is able to provide end-to-end services for
such startup businesses, including ones that are minority-
owned.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The Committee recommends $99,000,000 for economic and
statistical analysis, which is the same as fiscal year 2014 and
$12,033,000 below the request. Within amounts provided, the
Committee encourages the Bureau of Economic Analysis (BEA) to
develop additional data products related to small businesses.
The recommendation does not include funding for the relocation
or reconfiguration of BEA's office space. The Committee
understands that additional office space may be available in
the Herbert C. Hoover building as a result of ongoing
renovation activities. Further, the Committee recommends that
the Department explore teleworking opportunities for BEA
employees. The Department shall consult with the Committee
regarding these matters prior to the expiration of BEA's lease
in June 2016.
Bureau of the Census
The Committee recommends $1,106,500,000 for the Bureau of
the Census, which is $161,500,000 above fiscal year 2014 and
$104,928,000 below the request.
SALARIES AND EXPENSES
The Committee recommends $248,000,000 for the salaries and
expenses of the Bureau of the Census (``the Bureau''), which is
$4,000,000 below fiscal year 2014 and the same as the request.
This amount assumes $12,794,000 in administrative savings, as
proposed by the Bureau.
Funds shall be distributed as follows; any deviation shall
be subject to the procedures set forth in section 505 of this
Act:
Current Economic Statistics........................... $183,727,000
Current Demographic Statistics........................ 61,673,000
Survey Development and Data Services.................. 2,600,000
-----------------
Total............................................. $248,000,000
Longitudinal database.--The recommendation includes
$5,000,000 for research enhancements to the longitudinal
database, which will include information on the links between
business research and development, innovation, and
entrepreneurship. Census shall provide a report within 180 days
of enactment of this Act regarding the status of this research
and the timeframes for making this information available to the
public.
PERIODIC CENSUSES AND PROGRAMS
The Committee recommends a total of $858,500,000 for
periodic censuses and programs, which is $165,500,000 above
fiscal year 2014 and $104,928,000 below the request. The
recommendation provides for a transfer of $1,551,000 to the
Office of Inspector General (OIG) for oversight of the Census
Bureau. Funds shall be distributed as follows; any deviation
shall be subject to the procedures set forth in section 505 of
this Act:
Economic Statistics Programs:
Economic Censuses................................. $115,000,000
Census of Governments............................. 9,000,000
Demographic Statistics Programs:
Intercensal Demographic Estimates................. 9,900,000
2020 Decennial Census............................. 625,000,000
Demographic Surveys Sample Redesign............... 9,600,000
Geographic Support................................ 58,000,000
Data Processing System............................ 43,000,000
-----------------
Unallocated Reduction................................. -11,000,000
Total................................................. $858,500,000
Economic Censuses.--The recommendation includes
$115,000,000 for the Economic Census. This level of funding
will support dissemination of 2012 Economic Census products and
enable Census to begin planning for the 2017 Economic Census.
American Community Survey (ACS).--The Committee is aware
that the Bureau has convened Federal agencies to review
questions included on the ACS to ensure that all questions are
necessary and that the ACS is the appropriate survey vehicle to
gather the information. The Committee notes that no question
can be removed from the ACS without an open public comment
process. The Committee is also aware that the Bureau now has a
Respondent Advocate who is responsible for assisting
respondents who have concerns with the ACS and for engaging
with the Congress to address constituent concerns. The Bureau
shall provide quarterly briefings to the Committee on efforts
to ensure the necessity of all the questions on the ACS; on
efforts to ensure that non-response follow-up is conducted in
the least intrusive manner; and on congressional outreach
conducted by the Respondent Advocate. Finally, the Committee
urges the Census Bureau to pursue the support of the Congress
with respect to its plans to use adaptive design methods in the
ACS and the upcoming 2020 Decennial Census.
2020 Decennial Census.--The Committee recommends
$625,000,000 for activities in support of the 2020 Decennial
Census and ACS. Of this amount, $387,000,000 is provided to
support completion of research and the beginning design,
development, and testing for the 2020 Census. The Committee is
aware that the Census Bureau has modeled design changes that
could reduce the cost of the 2020 Census by more than $5
billion compared to repeating the same design and methods used
for the 2010 Decennial. Significant design changes include
using a ``bring your own device'' model for enumerators;
changes in address canvassing; expanded internet response
options; expanded use of administrative records; a reduced
field office footprint; and more directed non-response follow-
up protocols. The Committee urges the Bureau to work
aggressively to narrow its focus on the path forward on various
research activities underway and to engage the Congress
regarding the various options noted above. The Committee
understands that the Census Bureau is considering numerous
alternatives to the separate Race and Hispanic Origin questions
that were included in the 2010 Census. The Committee expects
the Bureau to consult with interested parties, the Congress,
and the National Advisory Committee on Racial, Ethnic and Other
Populations before making any such changes to the 2020
Decennial Census questions.
Census Enterprise Data Collection and Processing.--The
recommendation includes $43,000,000 to support Census Bureau
efforts to establish an enterprise approach to data collection
and processing. The Committee supports the Bureau's efforts to
develop a more flexible and secure enterprise architecture as
it will enable Census to realize economies of scale to support
data collection efforts. The Bureau shall provide quarterly
briefings regarding the status of these efforts beginning with
the first quarter of fiscal year 2015. Information in these
briefings shall include but not be limited to the current
systems, costs to maintain them, the surveys supported, FTE
associated with those systems, and the anticipated date that
various IT systems will be retired and data merged onto the
larger enterprise architecture. Census shall provide these
reports concurrently to the OIG and GAO.
Small population groups.--The Committee is concerned about
the availability of data on small population groups. In many
ethnic and immigrant communities, gathering accurate
information about smaller subgroups is important for
policymakers, as the needs among the various populations vary
significantly. The Committee urges the Bureau to ensure that
reliable information about these subgroups, especially
numerically smaller groups, is collected and published, and
directs the Bureau to provide a report within 90 days of
enactment of this Act describing the steps it will take to
ensure the availability and accuracy of these data.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The Committee recommends $36,700,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA), which is $9,300,000 below fiscal year
2014 and $14,300,000 below the request.
Broadband Technology Opportunities Program (BTOP).--The
recommendation includes up to $12,000,000 for BTOP grant
closeout activities and for ongoing administration of BTOP
grants. This amount reflects the $12,264,000 reduction proposed
by NTIA as the BTOP program begins closeout activities
associated with the remaining 80 grants. The Committee directs
NTIA to continue submitting quarterly reports on BTOP. In
addition, NTIA shall provide a report no later than 90 days
after enactment of this Act regarding the status of the seven
projects that were awarded to support deployment of 700 MHz
public safety broadband networks and whether these projects are
being deployed in coordination with FirstNet as established
under Public Law 112-96. The Committee expects NTIA to continue
providing periodic updates regarding all FirstNet activities at
NTIA and NIST.
Expanding Community Broadband and the Digital Economy.--The
Committee includes up to $3,000,000 for NTIA to maintain its
ability to provide technical assistance to communities across
the country as they implement or expand broadband connectivity.
The Committee encourages NTIA to ensure that it prioritizes
technical assistance to communities that still lack high speed
broadband connectivity.
Internet Corporation for Assigned Names and Numbers
(ICANN).--The Committee is concerned by NTIA's announcement of
its intent to transition certain Internet domain name functions
to the global multistakeholder community. Any such transition
represents a significant public policy change and should be
preceded by an open and transparent process. In order for this
issue to be considered more fully by the Congress, the
recommendation for NTIA does not include any funds to carry out
a transition of these functions. The Committee expects that
NTIA will maintain the existing no-cost contract with ICANN
throughout fiscal year 2015.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends $3,458,000,000 for the United
States Patent and Trademark Office (PTO), the full amount of
fiscal year 2015 fee collections estimated by the Congressional
Budget Office. The spending authority provided represents an
increase of $434,000,000, or 14 percent, above fiscal year
2014. The recommendation continues language making available
any excess fee collections above the estimated level and
appropriated in this Act. PTO shall continue to provide monthly
reports on its actual and projected fee collections.
Patent and Trademark Fee Reserve Fund.--The recommendation
includes bill language regarding excess fees deposited in the
Patent and Trademark Fee Reserve Fund. The Committee reminds
PTO that prior to obligating any of the funds in the Reserve
Fund during fiscal year 2015, PTO shall submit to the Committee
a reprogramming notification with a spending plan describing
the intended uses of funds. The Committee expects that any such
reprogramming will describe how the expenditure of these
reserve funds will improve patent quality, reduce the backlog
of pending applications and appeals, improve the information
technology infrastructure or otherwise improve the efficiency
and effectiveness of PTO.
Operating reserve.--The Committee notes that PTO is
planning to grow its operating reserve to $950,851,000 for
Patents and to $119,480,000 for Trademarks by the end of fiscal
year 2015. These amounts are projected to grow to a combined
$1,113,675,000 in fiscal year 2016 and $2,064,337,000 by fiscal
year 2019. It is unclear why PTO would need to build such a
large reserve of unspent fees and how that relates to projected
backlog, workload, and pendency targets. The Committee is also
perplexed that PTO would grow such a sizeable reserve given the
current fragile state of its IT infrastructure. Accordingly,
the Committee encourages PTO to reexamine its fee structure and
maximize investment in addressing IT deficiencies as soon as
possible.
Patents End 2 End (PE2E).--The Committee understands that
during fiscal year 2015, PTO plans to spend about $16,368,000
on PE2E with another $64,365,000 for PE2E-2. PTO plans to
deploy PE2E to all patent examiners by the first quarter of
fiscal year 2015 with all examiners receiving training on PE2E
by the end of the fiscal year. PTO shall provide quarterly
briefings on the status of PE2E, PE2E-2, the proposed
retirement of legacy IT systems and cost savings associated
with those retirements, and any efficiencies achieved in patent
processing as a result of these information technology
investments.
Satellite offices.--PTO shall provide a report to the
Committee within 120 days of enactment of this Act regarding
the status of the four PTO satellite offices in Dallas, Texas;
Denver, Colorado; Detroit, Michigan; and San Jose, California,
to include staffing levels, applications examined, efficiencies
achieved and other benefits realized.
National Institute of Standards and Technology
The Committee recommends $855,800,000 for NIST, which is
$5,800,000 above fiscal year 2014 and $44,200,000 below the
request.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The Committee recommends $670,500,000 for NIST's scientific
and technical programs, which is $19,500,000 above fiscal year
2014 and $9,500,000 below the request. The recommendation does
not adopt the proposed termination of the NIST Summer Institute
for Middle School teachers.
Laboratory programs.--The recommendation includes
$597,512,000 for NIST Laboratory programs. This amount is the
same as the request to support U.S. innovation, advanced
manufacturing and industrial competitiveness. Within this
amount, up to $5,900,000 is provided for the National Strategy
for Trusted Identities in Cyberspace (NSTIC). Given the lack of
progress associated with the pilots funded thus far, the
recommended amount only supports ongoing programmatic efforts
and does not include the second year of funding for fiscal year
2014 grant awardees or funds to award new grants in fiscal year
2015. NIST shall provide a report to the Committee within 120
days of enactment of this Act regarding the status of each of
the pilots funded and milestones achieved, the near-term plans
for continuing this program, and proposed future efforts. NIST
shall use the remaining $10,600,000 proposed for NSTIC to
enhance research and standards activities in its core lab
programs.
Cybersecurity Center of Excellence.--The Committee is aware
that the Nation's retail sector is vulnerable to and targeted
by cyberattacks. The Committee encourages NIST to build on its
existing industry-sector focused work to create a retail-
specific cybersecurity initiative and partner as appropriate
with academic entities and national leaders in retail
cybersecurity and retail supply chain management and logistics.
Standards Coordination and Special Programs.--The
recommendation includes $55,676,000 for standards coordination
and special programs. Within these amounts, up to $5,000,000 is
included to maintain NIST's current forensic research and
standards work. The recommendation does not include the
requested increase of $3,500,000 to support or operate Forensic
Science Advisory Committees.
Tornado resistant structures.--While NIST has made great
strides in developing and encouraging the adoption of standards
to make buildings more fire, wind and earthquake resistant, the
Committee is concerned that insufficient progress has been made
in the development and adoption of cost-effective measures to
make homes and businesses more disaster resilient in tornado-
prone areas of the South, West and Midwest. The Committee
believes NIST should formally establish standards both for new
construction and for existing buildings and homes that are
located in areas prone to severe weather. NIST is encouraged to
partner with academic institutions and industry to establish
such standards and models for more resilient construction.
Windstorm research and disaster resiliency.--As part of its
efforts to improve the resiliency of buildings, NIST is
encouraged to partner with academic research institutions that
have expertise in the effects of natural disasters to replicate
high-force windstorm impacts on buildings and test large,
integrated models of such impacts.
Canine detection standards.--The Committee recognizes
canine detection teams play a critical role in law enforcement
and homeland security efforts yet no widely accepted standards
or protocols exist on the breeding, training, and deployment of
canine detection teams. The Committee encourages NIST to
continue its existing research programs on canine olfactory
detection of explosives and to collaborate with subject matter
experts in academia, the private sector, and Federal, State,
and local stakeholders as appropriate to develop such standards
and protocols.
Textile research.--The Committee recognizes the importance
of the U.S. textile industry and encourages NIST to pursue
advanced textile and apparel research and manufacturing
activities.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $130,000,000 for Industrial
Technology Services, which is $13,000,000 below fiscal year
2014 and $31,000,000 below the request. The entire amount
recommended in this account is for the Manufacturing Extension
Partnership (MEP), which is $2,000,000 above fiscal year 2014
and $11,000,000 below the request. The Committee reiterates its
support for the MEP program which helps U.S. businesses
streamline manufacturing techniques and increase efficiency and
profits through training resources as well as specific project
assistance to the U.S. domestic manufacturing industry.
Program efficiencies.--The Committee is aware of recent
efforts by MEP to examine ways to reduce administrative costs
and provide more direct assistance to the Centers. Accordingly,
MEP shall provide a report within 60 days of enactment of this
Act detailing the amount of funds to be maintained at
headquarters and the uses of those funds.
Technology and supply chain connections.--Within funds
provided for MEP, the Committee urges NIST to develop
technological solutions, on both a regional and nationwide
basis, to help companies, communities, colleges and
universities, inventors, and entrepreneurs find one another and
facilitate strategic partnerships. The Committee believes that
finding ways of accelerating such supply chain connections is
indispensable to any serious effort to create and sustain
manufacturing jobs in the United States, and that technology--
particularly Internet-based approaches--can play a vital role
in enabling such connections to be quickly and easily realized.
The Department shall report to the Committee on these efforts,
including any lessons learned and future plans. This report
shall be delivered no later than one year after enactment, with
an interim report provided no later than 180 days after
enactment.
Manufacturing Innovation Institutes.--The Committee is
aware that prior year funds under this account have been used
for NIST contributions to interagency support for Manufacturing
Innovation Institutes. Any such contributions in fiscal year
2015 shall be proposed as a reprogramming of funds under the
procedures in section 505 of this Act.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommends $55,300,000 for NIST construction,
which is $700,000 below fiscal year 2014 and $3,700,000 below
the request.
Construction and Major Renovations.--The recommendation
includes $11,100,000 to continue ongoing renovations of NIST's
Boulder, Colorado laboratory.
Safety, Capacity, Maintenance, and Major Repairs.--The
recommendation includes $44,200,000 for ongoing maintenance of
the NIST labs. NIST shall continue to provide updates on the
projects funded within this account, to include milestones and
total amount of funding necessary for completion.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $5,325,120,000 in
discretionary funds for the National Oceanic and Atmospheric
Administration (NOAA), which is $10,514,000 above fiscal year
2014 and $163,615,000 below the request. The recommendation
prioritizes funding for National Weather Service (NWS)
operations, weather research, and related satellite programs.
National Ocean Policy.--The Committee notes that no funding
was provided in fiscal year 2014, and none was requested in
fiscal year 2015, to implement the National Ocean Policy.
Consequently, no funds for National Ocean Policy activities are
included under any NOAA program, project or activity in this
Act.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$3,220,480,000 under this account for the coastal, fisheries,
marine, weather, satellite and other programs of NOAA. This
total funding level includes $3,089,480,000 in direct
appropriations, a transfer of $116,000,000 from balances in the
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'' fund and $15,000,000 derived from
recoveries of prior year obligations. The direct appropriation
of $3,089,480,000 is $67,912,000 below fiscal year 2014 and
$148,513,000 below the request.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--The recommendation provides
$473,446,000 for National Ocean Service (NOS) operations,
research, and facilities.
Navigation, Observations, and Positioning.--The
recommendation provides $191,500,000 for Navigation,
Observations, and Positioning. Within this amount, the
Committee expects NOAA to prioritize its mission-critical
responsibilities, including mapping and charting, geodesy, and
tides and current data activities. The recommendation includes
a $4,000,000 increase as requested for coastal LIDAR surveys.
Integrated Ocean Observing System (IOOS).--The
recommendation includes $29,500,000 for IOOS regional
observations, including $1,000,000 to accelerate development
and integration of new marine sensor technologies that have
been funded in prior appropriations acts.
National Centers for Coastal Ocean Science (NCCOS).--The
recommendation does not endorse NOAA's proposal to consolidate
NCCOS facilities and instead continues funding for all existing
labs in fiscal year 2015. NOAA shall submit a comprehensive
analysis no later than one year after enactment of this Act on
all NCCOS facilities and labs, to include current maintenance
costs as well as a detailed analysis of how the research
conducted by NCCOS laboratories would be affected by any
proposed NCCOS lab consolidation.
Coastal Storms Program.--The Committee recognizes the
importance of the Coastal Storms Program buoys and encourages
NOAA to consult with the local user community to develop cost-
sharing arrangements as appropriate prior to terminating
operation of the buoys.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations, and Positioning
Navigation, Observations, and Positioning........... $137,000
Integrated Ocean Observing System Regional 29,500
Observations.......................................
Hydrographic Survey Priorities/Contracts............ 25,000
-----------------
Navigation, Observations, and Positioning............. 191,500
=================
Coastal Science and Assessment
Coastal Science, Assessment, Response and 70,500
Restoration........................................
Competitive External Research....................... 9,000
-----------------
Coastal Science and Assessment........................ 79,500
=================
Ocean and Coastal Management and Services
Coastal Zone Management and Services................ 42,000
Coastal Zone Management Grants...................... 66,146
Coral Reef Program.................................. 26,000
Sanctuaries and Marine Protected Areas.............. 47,000
National Estuarine Research Reserve System.......... 21,300
-----------------
Ocean and Coastal Management and Services............. 202,446
=================
Total, National Ocean Service, Operations, Research, $473,446
and Facilities.......................................
------------------------------------------------------------------------
National Marine Fisheries Service.--The Committee
recommends $790,200,000 for the National Marine Fisheries
Service (NMFS) operations, research, and facilities.
Protected Species Research and Management.--The Committee
recommends $177,500,000 for Protected Species Research and
Management programs. Within available resources, the Committee
encourages NOAA to maintain funding for marine mammal stranding
grants.
Biological opinions related to pesticide registration.--The
Committee recognizes that the National Research Council (NRC)
raised serious concerns in its April 2013 report, Assessing
Risks to Endangered and Threatened Species From Pesticides,
about NMFS' methods in conducting scientific assessments of
ecological risks from pesticides as required by the Endangered
Species Act. The Committee encourages NMFS to revise its six
biological opinions on pesticide registrations released since
2008 to comply with the Interim Approaches for National-Level
Pesticide Endangered Species Act Assessment's methodology
developed by NMFS and other Federal agencies in response to the
NRC report. NMFS shall provide a report to the Committee on
Appropriations no later than 60 days after enactment of this
Act regarding its plans to comply with the recommendations in
the NRC report and to implement the Interim Approaches.
Pacific Coast groundfish.--In the event that legislation is
enacted during fiscal year 2015 that authorizes changes to the
existing loan program that has funded the Pacific Coast
groundfish fishing capacity reduction program, the
recommendation includes up to $275,000 to support those
changes.
Data validation processes.--The Committee is aware that
NOAA ingests multiple data sets, including catch histories from
recreational for-hire fishing and commercial fleets, in
developing its fishery quotas. NOAA shall provide a report no
later than 90 days after enactment of this Act regarding the
role of estimate spikes in determining such quotas, with an
emphasis on reported spikes in the Atlantic sea bass fishery
during calendar year 2013.
Electronic monitoring.--Within funds for Fisheries Research
and Management Programs, the recommendation includes up to
$2,000,000 for development and implementation of electronic
monitoring and reporting technologies. NOAA shall review its
existing electronic monitoring research and pilots and engage
stakeholders in order to rapidly implement a solution that will
enhance safety and improve and expand data collection efforts
that are less costly and burdensome on the fishing industry.
NOAA shall report no later than 60 days after enactment of this
Act on its efforts to engage with stakeholders and no later
than 120 days after enactment of this Act shall provide a plan
with milestones for implementation across all applicable
fisheries.
Stock assessments.--The Committee recognizes that NOAA
fisheries stock assessments are the cornerstone of fishery
conservation and management measurements but the current stock
assessment data inputs must be improved. The Committee
continues to provide significant funding to NOAA for fishery
surveys and other activities in support of stock assessments
yet problems persist with the frequency of surveys, adequacy of
the data, and the use of independent research in developing
stock assessments. NOAA shall provide quarterly briefings to
the Committee, beginning with the first quarter of fiscal year
2015, on its stock assessment program, to include but not be
limited to its process for determining its yearly data
collection efforts, specific costs for each survey, and
protocols for ingesting independent fishery data.
Epipelagic apex predators.--The Committee is aware of
growing evidence that yellowfin tuna and other epipelagic apex
predators are aggregating at offshore oil platforms in a
similar manner to their more traditional aggregation points.
These offshore rigs may alter yellowfin movements, diet,
diseases, growth, age at maturity, and spawning. However, NOAA
lacks fundamental data on how this new association may impact
these species. The recommendation includes funding to examine
the impact of offshore oil platforms on the biology of highly
migratory species. NOAA shall provide a report on the results
of this research no later than one year after enactment of this
Act.
Cooperative research.--The recommendation includes
$12,000,000 for cooperative research which shall be used to
support external, independent data collection and other
research. The Committee expects that all funding provided shall
be used for cooperative fisheries research and not for NOAA
activities or administrative overhead costs. NOAA shall submit
a report no later than 90 days after enactment of this Act
listing all cooperative research grants funded in fiscal years
2013 and 2014, to include the amount, the fishery, the type of
information collected, and the expected uses for that data. The
Committee is concerned that cooperative research is not
ingested into fishery stock assessments in a timely manner. The
report shall address NOAA procedures and timeframes for making
use of this independent fisheries research.
Biological opinions.--The Committee is concerned with the
amount of time NMFS takes to issue required biological opinions
for infrastructure projects. Delays in conducting necessary
reviews and timely issuance of biological opinions can
adversely impact completion of studies or permitting actions
required for infrastructure projects of critical importance to
the Nation and local communities where the projects will be
undertaken. Delays in issuing the necessary opinions have a
ripple effect on the project's costs to the Federal government
and non-Federal interests. Because these infrastructure
projects support economic development and job creation, the
Committee urges NMFS to take all necessary steps within its
authority to expedite project reviews and issue biological
opinions in a timely fashion. NMFS is further urged to improve
its coordination with other Federal agencies that have lead
responsibilities regarding these key infrastructure projects.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Species Research and Management
Protected Species Research and Management Programs $39,000
Base...............................................
Species Recovery Grants............................. 7,000
Marine Mammals...................................... 47,000
Marine Turtles...................................... 11,000
Other Protected Species (marine fish, plants and 10,000
invertebrates).....................................
Atlantic Salmon..................................... 4,000
Pacific Salmon...................................... 59,500
-----------------
Total, Protected Species Research and Management...... 177,500
=================
Fisheries Research and Management
Fisheries Research and Management Programs Base..... 176,725
National Catch Share Program........................ 20,000
Pacific Coast Groundfish Fishing Capacity Reduction 275
Program............................................
Expand Annual Stock Assessments--Improve Data 72,000
Collection.........................................
Economics and Social Sciences Research.............. 7,300
Salmon Management Activities........................ 30,000
Regional Councils and Fisheries Commissions......... 32,000
Fisheries Statistics................................ 22,000
Fish Information Networks........................... 22,000
Survey and Monitoring Projects...................... 24,000
Fisheries Oceanography.............................. 2,100
American Fisheries Act.............................. 3,700
Interjurisdictional Fisheries Grants................ 2,500
Reducing Bycatch.................................... 3,500
Product Quality and Safety.......................... 6,700
-----------------
Total, Fisheries Research and Management.............. 424,800
=================
Enforcement and Observers/Training
Enforcement......................................... 65,000
Observers/Training.................................. 43,000
-----------------
Total, Enforcement and Observers/Training............. 108,000
=================
Habitat Conservation and Restoration
Sustainable Habitat Management...................... 25,000
-----------------
Total, Habitat Conservation and Restoration........... 25,000
=================
Other Activities Supporting Fisheries
Antarctic Research.................................. 2,900
Aquaculture......................................... 5,600
Climate Regimes and Ecosystem Productivity.......... 2,000
Computer Hardware and Software...................... 1,800
Cooperative Research................................ 12,000
Information Analyses and Dissemination.............. 15,000
Marine Resources Monitoring, Assessment and 800
Prediction Program.................................
National Environmental Policy Act................... 6,500
NMFS Facilities Maintenance......................... 3,300
Regional Studies.................................... 5,000
-----------------
Total, Other Activities Supporting Fisheries.......... 54,900
=================
Total, National Marine Fisheries Service, Operations, $790,200
Research, and Facilities.............................
------------------------------------------------------------------------
Oceanic and Atmospheric Research.--The Committee
recommendation includes $379,800,000 for Oceanic and
Atmospheric Research (OAR) operations, research, and
facilities. Given continued resource constraints, it is
incumbent on NOAA to ensure that its research programs support
the operational mission of each NOAA line office and that
research efforts are an integral component in meeting line
office program goals and milestones.
Regional Climate Data and Information.--Within amounts
provided for Regional Climate Data and Information, the
recommendation includes $13,500,000 for the National Integrated
Drought Information System (NIDIS) to support competitive
research grants, maintain existing NIDIS activities and develop
and expand the Regional Drought Early Warning Information
System. Funding provided shall also be used to maintain current
operating levels at the six Regional Climate Centers.
Independent analysis.--NOAA is encouraged to increase
funding for academia to perform independent climate model
evaluation studies and to enable the production of atmospheric
data sets from satellite observations for such studies.
Satellite observations of the atmosphere provide information
that is critical in the interpretation of Earth-based
observations and in the evaluation and improvement of climate
model simulations.
Weather and Air Chemistry Research.--The Committee includes
$84,800,000 for Weather and Air Chemistry Research, an increase
of $3,600,000 above fiscal year 2014, and encourages NOAA to
continue research efforts that lead to near-term, affordable,
and attainable advances in observational, computing, and
modeling capabilities to deliver substantial improvements in
weather forecasting for the protection of life and property.
NOAA shall substantially accelerate the transition of its
research to operations in ways easily adopted by the
operational forecasting community.
Earth System Prediction Capability (ESPC).--The Committee
encourages OAR to prioritize ESPC research at its Weather Labs
and Cooperative Institutes that supports improvements to
weather models associated with prediction of major storms,
tropical storm tracks, tornado outbreaks and other hazardous
weather phenomena that are essential to warning the public of
such hazards, and not divert funding from these activities to
support climate modeling.
U.S. Weather Research Program.--The recommendation includes
the requested increase of $3,000,000 to accelerate the
transition from weather research to operational forecasting,
specifically supporting enhancements in tornado, hurricane,
storm surge, inundation and ice cover forecasting. NOAA shall
report to the Committee no later than 120 days after enactment
of this Act regarding the specific research activities to be
funded with this increase and program milestones. In addition,
no later than one year after enactment of this Act, NOAA shall
provide a report on all ongoing weather research programs, to
include a list of all projects, development funds spent to
date, expected duration of the research and timeframes for
terminating or transitioning research to the operational phase.
Multi-function Phased Array Radar (MPAR).--The Committee
recognizes the importance of the MPAR program in the
development and implementation of the next generation weather
and aircraft radars. MPAR is expected to extend tornado warning
lead times from 14 minutes to 20 minutes, reduce false alarm
rates, and improve detection and warning of high-impact severe
weather. If appropriate, NOAA shall establish a Joint
Coordinating Committee to serve as the focal point for MPAR
research and development efforts. In addition, NOAA shall
provide a report no later than 180 days after enactment of this
Act regarding timeframes for determining the operational
feasibility of MPAR, to include yearly costs and schedule
milestones. NOAA shall consult with its government and academic
research partners in developing this report.
Ocean Exploration and Research.--The Committee recommends
$28,000,000 for ocean exploration and research activities.
NOAA's ocean exploration program should continue to conduct
fundamental exploration and surveys of the world's oceans with
a primary focus on America's Exclusive Economic Zones of the
Continental United States, Alaska, Puerto Rico, Hawaii, and the
Pacific Territories. The Committee encourages NOAA to partner
with non-governmental organizations and academic institutions
in these activities.
Ocean Research Advisory Panel (ORAP).--The recommendation
does not include funds requested for the ORAP as legislation
authorizing the transfer of this panel from the Department of
Defense to NOAA has not been enacted.
Sea Grant.--The Committee notes the success of the Sea
Grant program's Coastal Communities Adaptation Initiative,
which assists municipalities in complying with the Community
Rating System, a flood risk management mitigation program for
the National Flood Insurance Program.
High Performance Computing Initiatives.--The recommendation
includes $12,000,000 within the ORF account to accelerate the
adoption of advanced computing, communications, and information
technology throughout NOAA. In addition, the recommendation
includes $13,500,000 within the Procurement, Acquisition and
Construction (PAC) account for high performance computing
research initiatives. The Committee continues to support
investments in NOAA's supercomputing capacity programs. NOAA
shall submit a report no later than 120 days after enactment of
this Act regarding the fiscal year 2014 activities and
milestones achieved with funding provided to NOAA for these
efforts and the planned fiscal year 2015 investments and
associated milestones.
Ocean, Coastal, and Great Lakes Research, Laboratories and
Cooperative Institutes.--The Committee supports collaboration
between NOAA and external academic institutions that conduct
scientific research for the conservation of coral reefs and
coral reef ecosystems within U.S. waters. The Committee
recognizes that the science sponsored through such
collaboration is imperative for management of these coral reefs
for ecosystem resilience and for the effective implementation
of the National Coral Reef Action Strategy, especially with
regard to the identification of local action strategies
addressing key threats in each of the jurisdictions that have
coral reefs within their boundaries. The Committee encourages
NOAA to strengthen its partnerships with institutes focused on
management-driven coral reef research.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............. $51,000
Regional Climate Data and Information............... 25,000
Climate Competitive Research, Sustained Observations 43,000
and Regional Information...........................
-----------------
Total, Climate Research............................... 119,000
=================
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............. 64,000
U.S. Weather Research Program....................... 7,300
Tornado Severe Storm Research/Phased Array Radar.... 13,500
-----------------
Total, Weather and Air Chemistry Research............. 84,800
=================
Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes............. 25,000
National Sea Grant College Program.................. 62,000
Marine Aquaculture Program.......................... 2,000
Ocean Exploration and Research...................... 28,000
Integrated Ocean Acidification...................... 6,000
Sustained Ocean Observations and Monitoring......... 41,000
-----------------
Total, Ocean, Coastal and Great Lakes Research........ 164,000
=================
High Performance Computing Initiatives................ 12,000
=================
Total, Office of Oceanic and Atmospheric Research, $379,800
Operations, Research, and Facilities.................
------------------------------------------------------------------------
National Weather Service.--The Committee recommends
$943,180,000 for National Weather Service (NWS) operations,
research, and facilities, which is $16,327,000 above the
request, to maintain critical capabilities to provide weather
forecasts and warnings.
New budget structure.--The Committee adopts the new budget
structure proposed by the NWS in its fiscal year 2015 budget
request. This structure represents a more logical format that
aligns budget needs against functional activities. The NWS
shall provide regular updates to the Committee regarding
progress implementing this new structure. The Committee expects
that these changes will allow NWS to achieve efficiencies, fill
critical staff vacancies, improve service delivery, meet or
exceed programmatic milestones in forecasting, and speed
deployment of new forecasting technologies. The Committee
expects NOAA to ensure that all budget, finance, and program
managers throughout NOAA are adequately trained to ensure
compliance with applicable financial management guidelines,
policy, and Federal law. NOAA shall consult with the GAO in
planning for such training.
Analyze, Forecast, and Support.--The recommendation
includes $483,187,000 for analyze, forecast, and support
activities. This amount includes $6,000,000 above the request
to restore NOAA's proposed reductions to tsunami grant funds.
The Analyze, Forecast, and Support program funds the operation
of the Weather Forecast Offices (WFOs), River Forecast Centers,
the seven National Centers and the Tsunami Warning Centers. The
recommended level will support 247 weather
surveillance, forecast, and warning services and operation of
the service centers. In addition, this funding will enable NOAA
to train and identify Incident Meteorologists for support of
wildland fire decision making; provide Impact-Based Decision
Support Services to government partners during routine and high
impact events; and embed meteorologists in all Federal Aviation
Administration (FAA) Air Traffic Control Centers and the FAA
Command Center. NOAA shall provide a report no later than 120
days after enactment of this Act regarding the latter three
initiatives, how these external relationships currently operate
and how they can be improved to protect life and property.
Observations.--The recommendation includes $194,777,000 for
observation activities. This funding supports surface, ocean
and upper air observations, Next Generation Weather Radar
(NEXRAD), the Automated Surface Observing System (ASOS), ocean
buoys and aircraft observations. This level of funding will
support ASOS maintenance and plans for a service life extension
program (SLEP). NOAA shall brief the Committee regarding the
upcoming ASOS SLEP no later than 180 days after enactment of
this Act.
Tsunami warning network.--The recommendation includes
$27,000,000 for NOAA's Strengthen U.S. Tsunami Warning Network.
This amount fully funds the planned maintenance activities for
the Deep-ocean Assessment and Reporting of Tsunamis (DART) buoy
network for fiscal year 2015 as requested in the Observations
program line. The Committee is disappointed that despite fully
funding the DART buoy network in fiscal year 2014, NOAA was
unable to maintain its own 80 percent availability standard for
the DART network. The Committee expects NOAA to maintain no
less than its 80 percent availability standard, repair any DART
stations that are not currently operational, and report to the
Committee no later than 30 days after the enactment of this Act
regarding the status of the entire DART network. The Committee
understands that NOAA is pursuing opportunities with
international partners to collaboratively maintain the global
DART array and enhance tsunami detection capabilities. NOAA
shall keep the Committee informed of these discussions. The
recommendation also restores the proposed termination of the
National Tsunami Hazard Mitigation Program Grants within the
Analyze, Forecast, and Support line item. NWS is encouraged to
consult with NOS to ensure that the program is managed to reach
the maximum number of communities.
Science and Technology Integration.--The recommendation
includes $128,600,000 for Science and Technology Integration
activities. This program funds NWS internal research and
development activities in cooperation with other NOAA line
offices, partner agencies, and external weather data customers.
The recommended amount restores the proposed $8,000,000
reduction to the Hurricane Forecast Improvement Project. The
Committee expects NOAA to maintain its hurricane forecast track
and intensity accuracy research activities. The total amount
also includes up to $1,000,000 for centralized national
hydrologic modeling as requested.
Workforce and infrastructure analysis.--Within the amount
for Science and Technology Integration, the recommendation
includes $3,000,000 as requested to support workforce and
infrastructure analysis as outlined in recent independent
analyses of NWS. The Committee is supportive of efforts by NWS
to develop a framework for continuous improvement. NOAA shall
brief the Committee regarding these efforts and provide a
report no later than one year after enactment of this Act
regarding the results of this analysis. In conjunction with
this effort, NOAA is encouraged to engage with various
stakeholders and make recommendations to the Congress regarding
the creation of a weather commission.
Central Processing.--The recommendation provides
$96,517,000 for Central Processing, including funds for the
Advanced Weather Interactive Processing System (AWIPS), the
Advanced Hydrologic Prediction System (AHPS), modeling and
supercomputing programs. The recommendation does not assume the
proposed funding reduction for information technology officers.
Advanced Weather Interactive Processing System.--Within
amounts for Central Processing, the recommendation includes
$21,592,000 to complete AWIPS II deployment and maintain
hardware and software. The Committee notes that AWIPS II
development was completed in 2011 and deployment will be
completed in 2015. NOAA shall provide a report no later than
120 days after enactment of this Act regarding the status of
deployment, improvements realized, and funds necessary to
sustain and improve future functionality.
Dissemination.--The recommendation includes $40,099,000 for
Dissemination activities. This activity funds the
communications technology that NWS uses to collect, tailor and
distribute its data and products. Systems included in this
program include the telecommunications gateway, NOAA weather
radio, and the satellite data ground readiness program.
Next Generation Air Transportation System (NextGen) Weather
Program.--Within the amount provided for Dissemination, the
recommendation includes $7,154,000 for NOAA's support of the
NextGen initiative. NOAA shall provide a report no later than
180 days after enactment of this Act regarding overall status
of the program, to include expenditures to date and milestones
achieved, development issues, and recommendations for next
steps.
Severe weather studies.--NOAA and its Federal government
and academic research partners conducted two severe weather
studies in the Great Plains region, Vortex I and Vortex II.
NOAA is encouraged to conduct a similar research program in the
Southeastern United States in cooperation with other government
agencies and private sector and academic partners as
appropriate. This research could in part establish why tornadic
activity in the southeast region results in more deaths per
capita than any other region of the country.
Storm surge modeling.--The Committee encourages NOAA to
solicit input from the academic research community to examine
alternative real-time storm surge predictive capabilities that
account for regional variances and may complement NOAA's Sea,
Lake, and Overland Surge from Hurricanes (SLOSH) model.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations.......................................... $194,777
Central Processing.................................... 96,517
Analyze, Forecast, and Support........................ 483,187
Dissemination......................................... 40,099
Science & Technology Integration...................... 128,600
=================
Total, National Weather Service, Operations, Research, $943,180
and Facilities.......................................
------------------------------------------------------------------------
National Environmental Satellite, Data and Information
Service (NESDIS).--The Committee recommends $189,200,000 for
NESDIS operations, research, and facilities. The recommendation
adopts the revised budget structure proposed in the budget
request. The Committee encourages NOAA to continue working with
local communities to develop sustainable transition plans to
enable interested communities to assume operations and
maintenance costs of weather stations that are part of the U.S.
Regional Climate Reference Network. The Committee understands
that some localities are prepared to dedicate State and local
funding required to operate and maintain the weather stations
beginning in fiscal year 2015.
Office of Satellite and Product Operations.--The
recommendation includes $84,000,000 for Satellite and Product
Operations. This activity funds the command and control of NOAA
operational environmental satellites. This level of funding
will support the transition of high resolution information
transmissions into operations.
National Environmental Information Office.--The
recommendation includes $69,000,000 for the National
Environmental Information Office. This program is the official
data management entity for oceanographic, geophysical, and
climatological information within the United States. Funds
support the National Climatic Data Center, the National
Oceanographic Data Center, and the National Geophysical Data
Center.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Satellite and Product Operations...................... $84,000
NSOF operations....................................... 8,500
-----------------
Subtotal, Office of Satellite and Product Operations 92,500
=================
Product Development, Readiness and Application........ 26,000
-----------------
Subtotal, Product Development, Readiness and 26,000
Application........................................
=================
Commercial Remote Sensing Regulatory Affairs.......... 1,000
Office of Space Commercialization..................... 600
Group on Earth Observations........................... 100
-----------------
Total, Environmental Satellite Observing Systems...... 120,200
=================
National Environmental Information Office............. 69,000
-----------------
Total, Data Centers and Information Services.......... 69,000
=================
Total, NESDIS, Operations, Research, and Facilities... $189,200
------------------------------------------------------------------------
Program Support.--The recommendation includes $444,654,000
for Program Support operations, research, and facilities.
Management and administrative costs.--The recommendation
includes language capping NOAA corporate services
administrative support costs at $215,654,000. In addition to
this funding, the Committee notes that each line office also
includes its own ``Headquarters Program Support'' costs. NOAA
shall continue efforts to standardize the treatment of
management and administrative costs in each line office in a
manner that maximizes transparency and accountability, and
reduce or eliminate unnecessary travel, printing, supply
purchases, conference attendance, and other non-mission
critical costs.
NOAA education program.--The Committee includes $22,400,000
for NOAA's education program. NOAA shall spend no less than
$14,400,000 of the amount provided to continue its Educational
Partnership Program with Minority Serving Institutions. Within
these funds, NOAA is encouraged to create an additional
Cooperative Science Center at an Hispanic Serving Institution.
Within the remaining base education funds, NOAA is encouraged
to develop an education grant program to support existing
community-based school-age education programs that seek to
promote environmental awareness, energy efficiency and
conservation, and recycling.
STEM consolidation.--The recommendation does not adopt any
of NOAA's proposed STEM education consolidation proposals. NOAA
is expected to maintain these programs at current operating
levels.
Extramural research.--The Committee believes that NOAA
benefits from collaboration with academia and the private
sector with respect to cooperative institutes and competitive
research as these relationships build broad community support,
leverage external funding for mission-oriented research,
strengthen the science within NOAA, and create new advances in
scientific knowledge.
Office of Marine and Aviation Operations.--The
recommendation includes $206,600,000, which is an increase of
$5,400,000 above fiscal year 2014, to support 3,170 days at sea
and 2,795 flight hours on NOAA vessels and aircraft.
PROGRAM SUPPORT
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Program Support
Corporate Services
Under Secretary and Associate Offices............. $27,000
NOAA-Wide Corporate Services and Agency Management 107,354
DOC Accounting System............................. 10,000
Payment to the DOC Working Capital Fund........... 38,000
IT Security....................................... 8,300
NOAA Facilities Management, Maintenance, 25,000
Construction and Safety..........................
-----------------
Subtotal, Corporate Services and Facilities......... 215,654
=================
NOAA Education Program
Education Partnership Program/Minority Serving 14,400
Institutions.....................................
NOAA Education Program Base....................... 8,000
-----------------
Subtotal, NOAA Education Program.................... 22,400
=================
Total, Program Support................................ 238,054
=================
Office of Marine and Aviation Operations
Marine Operations and Maintenance................... 175,000
Aviation Operations and Aircraft Services........... 31,600
-----------------
Total, Office of Marine and Aviation Operations....... 206,600
=================
Total, Program Support and OMAO, Operations, Research, $444,654
and Facilities.......................................
------------------------------------------------------------------------
Procurement, Acquisition and Construction
The Committee recommends a total program level of
$2,189,290,000 in direct obligations under this heading, of
which $2,176,290,000 is appropriated from the general fund and
$13,000,000 is derived from recoveries of prior year
obligations. The direct appropriation is $153,426,000 above
fiscal year 2014 and $30,102,000 below the request. The
following narrative descriptions and tables identify the
specific activities and funding levels included in this Act:
National Weather Service.--The recommendation includes
$136,494,000 for NWS systems acquisitions and construction, the
full amount requested.
Next Generation Weather Radar.--Within amounts for
Observations, the recommendation includes $9,300,000 as
requested to extend the useful life of the NEXRAD weather radar
infrastructure. The Committee notes that 85 percent of all
tornado warnings are based on radar detections.
NWS Telecommunications Gateway.--Within amounts for
Dissemination, the recommendation includes $21,215,000 as
requested to continue improvements to NWS's infrastructure that
collects and disseminates weather products. This multi-year
effort began in fiscal year 2013 and is expected to be complete
by fiscal year 2017.
NWS Facilities.--The recommendation includes $5,650,000 as
requested to support costs associated with WFO and River
Forecast Center (RFC) relocations. NOAA shall provide a report
no later than 180 days after enactment of this Act describing
the status of each WFO and RFC, to include the lease
arrangements, status of forecasting equipment, and facility
conditions.
Relocation.--Within amounts for Facilities Construction and
Major Repairs, the recommendation includes $8,060,000 as
requested to relocate the National Logistics Supply Center/
National Reconditioning Center in Kansas City, Missouri. NOAA
shall keep the Committee informed of the progress of this
relocation and any efficiencies that may be achieved as a
result of this move.
National Environmental Satellite, Data and Information
Service.--The recommendation includes $2,032,096,000 for NESDIS
acquisition and construction. The Committee recommendation
focuses limited resources on the Joint Polar Satellite System
(JPSS) and Geostationary Operational Environmental Satellite
(GOES) programs in light of their role in ensuring accurate and
timely weather forecasts and warnings and continuing challenges
identified by the GAO, OIG and the NESDIS Independent Review
Team (IRT). The Committee expects the Department of Commerce to
ensure that these critical programs are proceeding within the
cost estimates and meeting program milestones. The Committee
expects to be notified promptly if any issues arise that could
jeopardize the current launch schedules. Commerce and NOAA
shall remain engaged in the overall management of JPSS and
GOES-R programs and efforts to develop solutions to mitigate
any gaps in either JPSS or GOES-R programs and to address the
fragility of the JPSS program. NOAA shall continue to provide
quarterly briefings to the Committee regarding all NOAA
satellite programs. These briefings shall include the status of
obligations for each program, including spacecraft, launch,
sensor, integration, and ground components. NOAA shall also
include in these briefings updates on all of its operational
satellite systems.
Oversight.--The Committee reiterates its desire to ensure
that OIG and GAO staff are permitted to attend NOAA's monthly
satellite meetings. To further aid the Committee in its
oversight function, NOAA shall provide biannual updates to the
Committee regarding the status of implementing OIG, GAO, and
IRT recommendations for NOAA's satellite programs.
Joint Polar Satellite System (JPSS).--The recommendation
includes $916,500,000 for JPSS, which is same as the request
and $92,500,000 above the fiscal year enacted 2014 level. This
level of funding will support activities associated with the
planned launch of JPSS-1 no later than the 2nd quarter of
fiscal year 2017. Funds will also support the building of JPSS-
2 sensors, including Visible/Infrared Imager/Radiometer Suite
(VIIRS), Cross-track Infrared Sounder (CrIS), Advanced
Technology Microwave Sounder (ATMS), and the Ozone Mapping
Profiler Suite-Nadir (OMPS-N). NOAA shall report to the
Committee no later than 60 days after enactment of this Act on
efforts to accelerate the JPSS-1 and JPSS-2 schedules. This
report shall include a discussion of any analysis conducted on
the status of the sensors, integration, ground elements, and
program reserves. As part of this report, NOAA shall include an
analysis of including NASA's Radiation Budget Instrument (RBI)
on the JPSS-2 platform. The RBI instrument is intended as a
follow-on to the CERES instrument that is currently flying on
the Suomi-NPP and is manifested on the JPSS-1 satellite. The
Committee is concerned that development of the RBI instrument
will introduce risk into the program.
JPSS gap mitigation.--The recommendation also supports
procurement of ATMS and CrIS spare instruments to reduce
schedule risk and build redundancy into the JPSS program. These
instruments are critical to the numerical weather models,
providing detailed atmospheric temperature and moisture
observations. The procurement of these instruments, which are
currently flying on the Suomi-NPP and are manifested for JPSS-1
and JPSS-2, will reduce the fragility of the program. NOAA
shall keep the Committee informed regarding procurement and
development milestones associated with these long-lead items.
Solar Irradiance.--No funds are included for the proposed
Solar Irradiance, Data and Rescue program. The Solar Irradiance
program, which is the strategy to host the Total Solar
Irradiance Sensor (TSIS) instrument, will measure variability
in the Sun's total output. As stated in NOAA's justification
materials, the TSIS instrument is a continuation of a NASA
mission. The Committee expects NOAA to prioritize resources on
its operational weather forecasting mission.
Constellation Observing System for Meteorology, Ionosphere,
and Climate (COSMIC) 2.--The recommendation includes $6,800,000
as requested to support ground processing activities in
preparation for the planned fiscal year 2016 launch of the
first six COSMIC 2 satellites for the equatorial orbit mission.
The current COSMIC constellation reached the end of its
expected design life in 2011; only four of those six satellites
are in operation. Data from the COSMIC program is used in
numerical weather forecasting and serves as a calibration tool
for other NOAA weather observations. Six additional COSMIC
satellites for the polar orbit are planned to launch in fiscal
year 2018 but the Committee has not yet seen a comprehensive
plan for this segment of the COSMIC 2 mission. NOAA shall
submit this plan no later than 120 days after enactment of this
Act, to include expected outyear costs by agency and outside
partners, with appropriate milestones and deliverables. NOAA
shall also include in this report an analysis for acquiring
radio occultation weather data from private sector providers.
NOAA shall include within this plan the results of its
observing system simulation experiment (OSSE) or other data
denial studies conducted to determine the value of data from
both global positioning system radio occultation and a
geostationary hyperspectral sounder global constellation. The
Committee underscores the value of radio occultation data as a
potential gap filler for the fragile JPSS program and therefore
directs NOAA to provide the analysis requested above within the
prescribed timeframe.
Geostationary Operational Environmental Satellite-R (GOES-
R).--The recommendation includes $981,000,000 for the GOES-R
program, an increase of $26,239,000 above the fiscal year 2014
enacted level and the full amount requested. Funding will
support spacecraft and ground system development, integration,
and testing of sensors, and ground system testing prior to the
planned launch date in the 2nd quarter of fiscal year 2016.
NOAA shall continue to provide updates to the Committee
regarding the status of this program to include the on-orbit
GOES satellites.
Satellite ground services.--The recommendation for Systems
Acquisition includes $5,893,000 to continue development of an
enterprise ground system. NOAA shall provide a report to the
Committee no later than 60 days after enactment of this Act
regarding the initial research and investments undertaken
during fiscal year 2014 on a common ground system and
integrated architecture.
PROCUREMENT, ACQUISITION and CONSTRUCTION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Oceanic and Atmospheric Research
Systems Acquisition
Research Supercomputing/CCRI...................... 13,500
=================
National Weather Service
Systems Acquisition
Observations...................................... 13,314
Central Processing................................ 64,261
Dissemination..................................... 45,209
-----------------
Subtotal, NWS Systems Acquisition................... 122,784
-----------------
Weather Forecast Office Construction.............. 13,710
-----------------
Total, National Weather Service - PAC................. 136,494
=================
National Environmental Satellite, Data and Information
Service
Systems Acquisition
GOES R............................................ 981,000
Jason-3........................................... 15,000
Joint Polar Satellite System (JPSS)............... 916,500
DSCOVR............................................ 20,000
COSMIC 2.......................................... 6,800
Satellite Ground Services......................... 52,715
System Architecture and Advanced Planning......... 4,393
Projects, Planning, and Analysis.................. 33,488
-----------------
Subtotal, NESDIS Systems Acquisition................ 2,029,896
-----------------
Construction
Satellite CDA Facility............................ 2,200
-----------------
Total, NESDIS - PAC................................... 2,032,096
=================
Program Support
Office of Marine and Aviation Operations
Fleet Replacement
Fleet Capital Improvements and Technology Infusion 7,200
=================
Total, Procurement, Acquisition and Construction...... $2,189,290
------------------------------------------------------------------------
PACIFIC COASTAL SALMON RECOVERY
The Committee recommends $65,000,000 for Pacific Coastal
Salmon Recovery, which is the same as fiscal year 2014 and
$15,000,000 above the request. In addition, the accompanying
bill includes language that requires all funds to be allocated
based on scientific and merit principles and prohibits the
availability of funds for marketing activities.
FISHERMEN'S CONTINGENCY FUND
The Committee recommends $350,000 for the Fishermen's
Contingency Fund, which is the same as fiscal year 2014 and the
same as the request. This Fund is available to compensate U.S.
commercial fishermen for damage or loss caused by obstructions
related to oil and gas exploration, and is derived from fees
collected by the Secretary of the Interior.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends language under this heading
limiting obligations of direct loans to $24,000,000 for
Individual Fishing Quota loans and $100,000,000 for traditional
direct loans.
Departmental Management
SALARIES AND EXPENSES
The Committee recommends $54,000,000 for Departmental
Management, which is $1,500,000 below fiscal year 2014 and
$3,637,000 below the request.
First Responder Network Authority (FirstNet).--The
Committee believes that mandatory funds provided to FirstNet
should be used to reimburse the OIG for its oversight
activities. Such an agreement does not currently exist and
there is no separate OIG function provided for in the FirstNet
legislation.
Financial management.--Several 2013 OIG reports examined
Commerce agencies' status of obligations, inappropriate use of
purchase cards, and conference attendance activities. The
Committee believes that these activities require continued,
detailed management involvement to ensure that appropriate
controls are in place. Accordingly, the Department shall
provide regular briefings on the status of these efforts.
Working Capital Fund (WCF).--The Committee supports
expenditures from the WCF for the Business Application Solution
and Risk Management Information System as these systems are
necessary to ensure the appropriate use of the Department's
resources. The Committee notes that its funding recommendations
for most Commerce agencies are less than requested. Therefore,
the Committee expects the Department to revise its WCF
estimates for fiscal year 2015 accordingly and submit a
proposed spending plan no later than 60 days after enactment of
this Act. The Committee is concerned that costs within the WCF
continue to grow despite continued constraints on budgets
throughout the Department. Commerce shall continue to ensure
that it is taking all necessary steps to economize, reduce or
eliminate lower priority items and activities within the WCF.
Repatriation and manufacturing initiatives.--The
recommendation includes bill language directing the Secretary
to maintain a repatriation task force and includes funding
under EDA for repatriation grants. Commerce is reminded that
this task force shall include representatives from the Office
of the Secretary, ITA, EDA, NIST and other relevant offices and
it shall meet quarterly to monitor trends in manufacturing
repatriation and develop strategies to increase such
repatriation. The Committee expects the Department to report to
the Committee on these efforts no later than 180 days after the
enactment of this Act. This report shall include a discussion
of how the Federal government can best support State and local
repatriation efforts. Further, Commerce shall include in this
report an update on the Department's Manufacturing Council, the
composition of which was expanded in November 2013 to allow
representatives of U.S. subsidiaries of foreign-owned or
controlled firms. Commerce shall report on the extent to which
the home-market countries of foreign-invested companies
operating in the U.S. that are or will be considered for
membership on the Manufacturing Council provide reciprocity for
U.S. company representatives to serve on advisory boards in
such countries. Commerce shall deny membership for the
representatives of any foreign-invested enterprises operating
in the U.S. if their home-market country does not provide full
reciprocal benefits.
Retaining U.S. manufacturing.--The Committee is aware that
established U.S. high-tech industries with existing advanced
workforce and export markets are being actively targeted by
foreign governments to move operations overseas. The Committee
expects the Department to encourage public-private partnerships
in key regions involving technologies that bridge the gap
between basic research and commercialization, and accelerate
development and manufacturing by U.S.-based supply chains in
industries with existing jobs, customers and export markets and
that are currently being targeted by foreign government
incentives.
Economic Security Commission.--The Committee is
disappointed in the lack of progress made by the Department in
establishing an Economic Security Commission as directed by the
Committee beginning in fiscal year 2012. This Commission was
established to advise the Administration and the Congress on
U.S. long-term strategic competitive manufacturing challenges.
The first report by the Commission shall focus on the strategic
economic security activities and investments made by China,
Russia, Brazil, India, Japan, South Korea and the European
Union during 2011 through 2015 and, to the extent possible,
those planned for the succeeding five years. The Committee
expects to receive the Commission's first annual report no
later than one year after enactment of this Act. The Department
is directed to report to the Committee no later than 30 days
after enactment of this Act regarding the status of appointing
individuals with expertise to serve on this commission.
Assess Costs Everywhere (ACE) Tool.--The Committee
appreciates the work of the Department to develop the ACE Tool,
an initiative directed by the Committee to enable businesses to
evaluate the costs of operating overseas. The Department shall
ensure that the ACE Tool is periodically refreshed with the
latest data, that it includes an evaluation of the U.S. system
of intellectual property protection vis-a-vis competitors, and
that it includes data regarding the financial benefit of
investments made by U.S. companies in workforce training. The
Department is encouraged to consult experts to quantify
intangibles in assessing how to more fully evaluate and
quantify the benefits of operating in the U.S.
Chinese foreign direct investment (FDI) in the U.S.--The
Department shall continue to report annually on any proposed
and actual Chinese FDI in the United States, including data on
investments by Chinese state-owned enterprises, other state-
affiliated entities, and the ownership structure of the entity
engaged in the investment. The second such report shall include
data on actual Chinese FDI during fiscal years 2012 through
2014 using the updated methodology discussed below. The
Committee notes that the Department reported to the Committee
on FDI in the United States by China and the Hong Kong Special
Administrative Region. In that report, Commerce acknowledged
that the Bureau of Economic Analysis identified only $219
million of FDI from China to the U.S. in 2012. That same report
highlighted that Chinese FDI data compiled by private sector
sources were dramatically higher and may be the result of
different data collection methodologies. Commerce shall develop
an updated methodology to more accurately identify what foreign
investments are being made in the United States and include
data based on this updated methodology in the next annual
report, to be submitted no later than one year after enactment
of this Act. Commerce shall consult with private sector
entities engaged in monitoring Chinese investments in the
United States to ensure that its report accurately reflects the
actual amount of Chinese FDI in the U.S. The Department is
reminded that none of the SelectUSA funds shall be used to
assist FDI by state-owned entities. The Committee views state-
owned FDI information as critical to policymakers and directs
that more accurate reporting on these investments become a
higher priority at the Department.
Reciprocal investment opportunities between the U.S. and
China.--The Committee notes that it is currently awaiting a
report comparing the openness of investment opportunities in
China and the United States as directed in the statement
accompanying Public Law 113-76.
Assessing China's five-year plan.--The Committee reminds
Commerce about engaging the National Academy of Sciences in a
study as directed in the statement accompanying Public Law 113-
76 to assess China's strategies, policies and programs to
become an innovative society and enhance its indigenous
innovation.
Federally funded research.--The Committee believes that
commercial technologies developed as a result of federally
funded research should be manufactured in the United States to
the maximum extent possible. The Department is working with the
agencies funded in this Act to develop and issue a report on
this subject, as directed by the explanatory statement
accompanying Public Law 113-76. The Committee looks forward to
the findings of this report.
Cooperatives.--With more than $3 trillion in assets, over
$500 billion in total revenue, $25 billion in wages and
benefits, and nearly one million jobs, cooperatives have proven
themselves to be vital components of the Nation's economy. The
Committee encourages the Department to build on its efforts to
create opportunities for community wealth building, workforce
training, and job creation by working with national and local
stakeholders in the cooperative sphere to look at the role that
business cooperatives can play in stimulating industrial and
commercial growth in economically distressed areas of the
United States.
China travel reports.--The Committee retains bill language
regarding official staff travel to China. In addition, the
Secretary and agency heads shall review the instances of
official staff travel to China to ensure that that travel is
necessary and is in furtherance of the mission of the
Department of Commerce. The Secretary shall provide these
reports concurrently to the OIG and Office of Security.
RENOVATION AND MODERNIZATION
The recommendation includes $4,000,000 for the Department's
cost to complete Herbert C. Hoover Building Phase 4
construction activities. This amount is the same as the fiscal
year 2014 and is $7,733,000 less than the request. The
Committee directs the Department to provide semiannual
briefings, beginning in January 2015, on the status of these
activities.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $30,596,000 for the Office of
Inspector General (OIG), which is $596,000 above fiscal year
2014 and the same as the request. The recommendation also
includes transfers of $1,551,000 from the Census Bureau,
$1,302,000 from NOAA, and $2,000,000 from PTO for OIG oversight
of those activities.
Satellites.--The OIG shall provide a report no later than
180 days after enactment of this Act regarding NOAA's existing
satellite ground infrastructure and its plans for implementing
a common ground system architecture. This report shall include
a review of NOAA's planning efforts and milestones for
achieving a common ground system and the adequacy of its
planning with respect to system redundancy, security, and
scalability.
General Provisions--Department of Commerce
The Committee recommends the following general provisions
for the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials designated by the
Secretary that such payments are considered to be in the public
interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for services,
and for uniforms and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requiring notification to the Committee of certain actions.
Section 104 extends congressional notification requirements
for NOAA satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides the 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 requires a monthly report on official travel to
China.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The Committee recommends $103,851,000 for Department of
Justice, General Administration, Salaries and Expenses, which
is $6,149,000 below fiscal year 2014 and $25,000,000 below the
request. The Committee has provided separate funding
recommendations by decision unit as follows:
Department Leadership................................. $16,000,000
Intergovernmental Relations/External Affairs.......... 8,500,000
Executive Support/Professional Responsibility......... 12,000,000
Justice Management Division........................... 67,351,000
-----------------
Total, Salaries and Expenses...................... $103,851,000
Late report submissions.--The Committee is disappointed in
the delays by the Department in submission of reports required
by the fiscal year 2013 and 2014 Appropriations Acts. In some
cases, the reports are over a year overdue. Such tardiness is
unacceptable and reflects poorly on the Department's ability
and willingness to comply with congressional and Committee
directives. In light of this persistent problem, the Committee
recommendation in this account is reduced by $25,000,000 below
the request. The Committee expects the Department will
immediately submit overdue fiscal year 2013 reports and provide
reports and briefings required pursuant to the fiscal year 2014
Appropriations Act, and as directed by the Committee for
submission in fiscal year 2015, in a timely manner.
Cyber attack and data breach repository.--In a hearing
before the Subcommittee this year, the Attorney General
expressed support for establishing a requirement for both the
private and public sector to report incidents of cyber attacks,
system and data breaches, maintain records of such incidents,
and make such information available to Congress and the public.
Such a repository would document the nature and extent of such
threats, improve understanding of vulnerabilities, and
facilitate the adoption of countermeasures. The Committee
recognizes that there are existing databases of such
information, located in various places in the Federal
government, but that they are not comprehensive, and much of
the information is not publicly available. Furthermore, the
Committee recognizes that private sector information on
breaches provided to the Federal government is, for the most
part, submitted on a voluntary basis, and is treated as
proprietary and generally not publicized. The Committee
strongly supports efforts to increase public awareness of cyber
threats and breaches and believe a central database would be a
productive step in accomplishing this. The Committee directs
the Department to examine the potential of establishing a
central repository of cyber attacks and breaches, addressing as
appropriate issues of security, privacy, and proprietary
information, and submit recommendations for administrative and
legislative actions to establish such a repository not later
than 120 days after enactment of this Act.
Limits on liaison partnerships.--In fiscal year 2014 the
Committee urged the Attorney General to establish a policy to
prohibit Justice Department officials from non-investigative
engagement and cooperation with the Council on American-Islamic
Relations (CAIR). The Committee expects the Department to brief
the Committees on Appropriations on implementation of this
policy, as specified in the fiscal year 2014 Appropriations
Act, as soon as possible.
Terrorist financing enforcement.--The Committee strongly
supports Department efforts to identify, investigate, prosecute
and disrupt terrorist financing operations, both domestically
and abroad, and to prevent the transfer of funds from
individuals or groups within the U.S. to designated terrorist
organizations abroad. In addition to joint terrorism
investigations and task forces, such efforts include providing
technical assistance to foreign governments as well as
designating organizations and persons as engaging in or
supporting terrorist financing. The Committee expects the
Department to submit its report on its anti-terrorist financing
programs and efforts, as specified in the fiscal year 2014
Appropriations Act, as soon as possible.
Designation of investigations involving terrorism.--The
Committee acknowledges that the Deputy Attorney General
responded to its direction to report on the role played by the
Department of Justice in determining whether the Ft. Hood
attack would be investigated and prosecuted as a terrorist
attack. However, the Committee has not yet received the report,
required by the fiscal year 2014 Appropriations Act, on the
Department's policy and practices for categorizing cases and
the criteria it employs to determine whether cases should be
conducted as terrorism investigations. The Committee expects
that report to be submitted as soon as possible.
Violent gangs.--The Committee remains concerned about the
significant and growing impact of violent gangs and notes that
it has not received an updated National Gang Threat Assessment,
as directed in the fiscal year 2014 Appropriations Act. The
Department is expected to submit that report as soon as
possible, to include the extent and nature of the gang problem
in America, details on current anti-gang initiatives and their
performance, and plans for sustained cooperation with State and
local law enforcement agencies to combat and dismantle gangs
that operate across jurisdictions.
Industrial espionage.--The Committee remains concerned
about the grave threat that foreign industrial espionage poses
to U.S. national security and economic competitiveness. The
Department shall provide, as soon as possible, the detailed
briefing on efficacy of current sanctions with specific
recommendations for improving them, as required by the fiscal
year 2014 Appropriations Act. Furthermore, the Committee
directs the Department to increase the priority it assigns to
prevention, investigation and prosecution of such espionage.
Human trafficking.--The Committee includes, as in prior
years, resources and guidance throughout this title to combat
trafficking in persons, and to support the highest possible
priority given to investigation and prosecution of such
unconscionable crimes. The recommendation continues direction
for each U.S. Attorney to lead a human trafficking task force.
The Committee directs the Attorney General to submit the report
as soon as possible on all Department anti-trafficking
activities, to include recommendations for new legislation, as
specified by the fiscal year 2014 Appropriations Act.
In addition, the Committee views this as a critical time to
build on a growing consensus about the need for broad
collaboration between governments at all levels to make
progress in significantly reducing sex trafficking in the
United States. To that end, the Committee directs the Attorney
General to host a national conference on sex trafficking with
representation from governors, U.S. Attorneys, Federal, State
and local law enforcement agencies, and other appropriate
government agencies and offices. The objective of this
conference would be to elevate national awareness of the scale
and prevalence of trafficking in the U.S., encourage innovative
State and Federal efforts in fighting trafficking, and debate
what constitutes best practices in such endeavors. The result
should be a published report, containing goals and
recommendations for executive and legislative action.
Human rights.--The Committee is committed to ensuring that
the U.S. does not provide safe haven for perpetrators of mass
atrocities and gross human rights violations abroad, and urges
the Department to expedite its submission of an assessment of
the gaps between the volume of such cases and the capacity of
the Federal government to investigate and prosecute them,
together with recommendations for remedies to close such gaps,
as required by the fiscal year 2014 Appropriations Act. The
Committee also expects to see the updated Federal Bureau of
Investigation (FBI) annual report on such cases, which was to
have been submitted with the fiscal year 2015 President's
budget.
Improper hiring practices.--The Committee is dissatisfied
with the Department's delay in implementing new department-wide
policies based on the lessons learned from the Office of
Inspector General (OIG) report on Justice Management Division
(JMD) personnel and hiring practices. Although remedies have
been implemented at JMD, the Committee expects to see such
policies applied in a uniform fashion to all departmental
offices and components.
Prescription drug abuse.--The Administrator of the Drug
Enforcement Administration (DEA) testified before the Committee
in April 2014 that prescription drug abuse is the Nation's
fastest-growing drug problem, and the 2012 National Survey on
Drug Use and Health reported that there are an estimated 6.8
million non-medical users of psychotherapeutic drugs--29
percent of illicit drug users, second only to marijuana, and
more than users of cocaine, heroin, and hallucinogens combined.
DEA also notes that 22 percent of respondents to its National
Drug Threat Survey report prescription drug abuse is the
``greatest drug threat facing their communities,'' compared to
five percent in 2007. The National Institute of Drug Abuse
reports deaths from opioid abuse exceed those from all other
illegal drugs. The Committee is therefore concerned to see the
recent proposed rulemaking by the Food and Drug Administration
(FDA) that would allow hydrocodone to be produced and
prescribed in a form that does not incorporate anti-tamper
features now in effect for OxyContin, a development likely to
undermine enforcement efforts. Another proposed painkiller
formulation, combining morphine and oxycodone, recently
rejected by FDA's advisory committee, raises similar concerns.
The Committee strongly urges the Department to intensify
its support for DEA's Distributor Initiative, begun in 2005, to
educate, advise, and otherwise motivate manufacturers and
distributors to better exercise their due diligence obligations
under the Controlled Substances Act. In addition, the Committee
expects to see expansion of successful U.S. Attorney
initiatives to prosecute diversion.
Female genital mutilation.--The Committee directs the
Attorney General to designate a senior departmental official to
coordinate development of a strategy to alert communities with
a history of female genital mutilation (FGM) inflicted on their
minor girls that such actions are illegal and punishable under
Federal law. The strategy should focus on FGM prevention and
interdiction, and preventing the transporting of minors
overseas for purposes of FGM.
Revenue collection.--The Committee directs the Department
to submit a plan no later than 90 days after enactment of this
Act on implementation of a system that would allow for the
tracking and reporting of all revenue collected by the
Department for: (1) civil and criminal fines and penalties for
the violation or alleged violation of Federal law; and (2)
legal settlements reached between corporations and the Federal
government for the violation or alleged violation of Federal
law. This plan should allow the information to be broken down
by fiscal year, source of the fine, and detailed disbursements
of funds to the U.S. Treasury, victim restitution, and the
Crime Victims Fund.
Heroin.--The Committee notes with concern the increase in
heroin abuse. The Department shall report, no later than 90
days after enactment of this Act, on potential ways to address
this problem, such as prevention, law enforcement strategies,
prescription drug disposal site expansion, and other evidence-
based approaches.
Conferences.--The Committee understands that OMB Memorandum
M 12 12 called for agencies to reduce travel expenses 30
percent compared to fiscal year 2010 level, and limit
conference spending. The Committee expects the Department of
Justice to minimize conferences and conference expenses to
those necessary to carry out the mission of the Department. The
Committee expects the Department to make conference location
decisions based on transparency, accountability and best value
in the use of appropriated funds.
JUSTICE INFORMATION SHARING TECHNOLOGY
The Committee recommends $25,842,000 for Justice
Information Sharing Technology, which is the same as both
fiscal year 2014 and the request.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $335,000,000 for the Executive
Office for Immigration Review (EOIR) and the Office of the
Pardon Attorney, of which $4,000,000 is from immigration
examination fees. The recommendation is $20,000,000 above
fiscal year 2014 and $16,072,000 below the request. The
recommendation will permit EOIR to increase the number of
immigration judge teams to reduce growing backlogs in
immigration removal and asylum adjudication; to support and
expand its Legal Orientation Program (LOP); and to continue
pilot efforts for assisting minors and other persons with
special needs.
Legal Orientation Program and pilots.--The Committee
commends EOIR for the LOP and other programs that improve the
efficiency of court proceedings, reduce court costs, and help
ensure fairness and due process. The Committee encourages EOIR,
within the funding provided, to explore ways to better serve
vulnerable populations such as children and improve court
efficiency through pilot efforts aimed at improving their legal
representation. The Committee directs that such pilots shall
not require the U.S. Government to bear any expense for legal
representation for any alien in removal proceedings, except to
the extent required by Federal court order. The Committee
recognizes that the LOP program provides valuable aid to
detained persons in removal proceedings, and believes such LOP
orientation could also benefit non-detained persons involved in
such proceedings, which in turn could help reduce court delays
and backlogs. The Committee urges EOIR to consider options,
including information desks, to better provide such information
to non-detained persons in removal proceedings.
Video teleconferencing.--The Committee is aware that
Immigration Judges make extensive use of video teleconferencing
(VTC), especially on the detained docket. In order to assess a
possible relationship between the use of VTC and the impact on
managing caseloads and outcomes, the Committee requests EOIR to
collect information on the number of hearings conducted in
person and the numbers conducted via VTC, to estimate the
corresponding percentage of master calendar and individual
merits hearings done by VTC, and analyze results to determine
if there are any correlations between VTC use in hearings and
outcomes. The results of the analysis should be submitted to
the Committee at the time of the fiscal year 2016 budget
request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $88,000,000 for the Office of
Inspector General (OIG), which is $1,600,000 above fiscal year
2014 and $577,000 below the request. The Committee notes that
the OIG has had significant investigative and audit workload,
including new reviews arising from leaks of classified
information subject to the Foreign Intelligence Surveillance
Act (FISA). Within the funding recommended, the Committee has
included up to $1,000,000 for the OIG to review the
Department's enforcement of the Foreign Agents Registration Act
(FARA). The report should take into account FARA filing trends
and foreign government tactics to engage in public advocacy in
the United States while avoiding FARA registration. The report
shall recommend administrative or legislative options for the
improvement of FARA enforcement. Finally, the Committee notes
that the OIG has contracted for an assessment of management and
policy activities of the Civil Rights Division. The Committee
looks forward to receiving this report.
United States Parole Commission
SALARIES AND EXPENSES
The Committee recommends $13,308,000 for the United States
Parole Commission, which is $708,000 above fiscal year 2014 and
the same as the request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends $893,000,000 for General Legal
Activities, which is $26,000,000 above fiscal year 2014 and
$42,854,000 below the request. This appropriation supports the
establishment of litigation policy, the conduct of litigation,
and other legal responsibilities of the Department of Justice.
The Committee has provided separate funding recommendations by
decision unit as follows:
Office of the Solicitor General....................... $11,300,000
Tax Division.......................................... 105,900,000
Criminal Division..................................... 195,000,000
Civil Division........................................ 289,000,000
Environment and Natural Resources Division............ 107,600,000
Office of Legal Counsel............................... 7,700,000
Civil Rights Division................................. 144,500,000
INTERPOL Washington................................... 32,000,000
-----------------
Total, General Legal Activities................... $893,000,000
The request includes additional funding in the Criminal
Division to address the backlog in handling Mutual Legal
Assistance Treaty (MLAT) requests, driven by a near doubling in
requests over the past decade. The Committee understands this
funding will support additional positions and one-time costs
associated with upgrading the case management system for MLAT
processing. The recommendation also supports additional
resources for intellectual property rights enforcement, and the
Committee expects the Department to make such enforcement a
priority.
INTERPOL.--The Committee expects the Department and
INTERPOL to take all necessary steps to prevent foreign
governments from manipulating INTERPOL red notices to issue
false criminal charges against opposition activists and
political or religious dissidents in order to secure their
arrest in countries that have provided them asylum. In
addition, the Committee is concerned about the potential impact
of politically motivated prosecution and conviction of U.S.
nongovernmental organization personnel in Egypt, which could
unjustly tarnish their reputations and complicate future work
and travel if they were required to report, without exception,
criminal records that were fundamentally flawed or
illegitimate. The Committee directs the Department to take all
possible immediate actions to protect individuals caught up in
such circumstances. Further, the Department shall report
immediately to the Committee on any additional administrative
or legislative steps to counteract, for purposes of United
States law or regulation, the negative effects these
individuals may experience as a result of these politically
motivated convictions.
Human trafficking.--The Committee recommends not less than
the fiscal year 2014 funding level for the Human Trafficking
Prosecution Unit (HTPU) in the Civil Rights Division to fight
human trafficking and slavery. The Committee directs the HTPU
and the Anti-Trafficking Coordination Teams to continue to make
it their priority to help victim service providers and non-
governmental organizations assist victims as part of broader
efforts to combat human trafficking and slavery in the United
States.
Independent Review of the Civil Rights Division.--Congress
included $1,000,000 in the OIG fiscal year 2014 appropriation
for an independent assessment of the operation and management
of the Civil Rights Division. The Committee understands the OIG
is preparing to award a contract for this work. The Committee
expects the Department will cooperate fully with this review
and looks forward to receiving the final report. The Committee
also expects the Department will report to the Committee on its
response to that report and steps it will take to implement the
report's recommendations.
Deinstitutionalization.--The Committee notes the nationwide
trend towards deinstitutionalization of patients with
intellectual or developmental disabilities in favor of
community-based settings. The Committee also notes that in
Olmstead v. L.C. (1999), a majority of the Supreme Court held
that the Americans with Disabilities Act does not condone or
require removing individuals from institutional settings when
they are unable to handle or benefit from a community-based
setting, and that Federal law does not require the imposition
of community-based treatment on patients who do not desire it.
The Committee strongly urges the Department to factor the needs
and desires of patients, their families, and caregivers, and
the importance of affording patients the proper setting for
their care, into its enforcement of the Americans with
Disabilities Act.
VACCINE INJURY COMPENSATION TRUST FUND
The recommendation includes $7,833,000 as a reimbursement
from the Vaccine Injury Compensation Trust Fund for costs of
litigating cases under the National Childhood Vaccine Injury
Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommends $162,246,000 for salaries and
expenses of the Antitrust Division, which is $1,846,000 above
fiscal year 2014 and the same as the request. The recommended
funding level is offset by $100,000,000 in estimated fee
collections for a net direct appropriation of $62,246,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The Committee recommends $1,970,000,000 for the Executive
Office for United States Attorneys and the 93 United States
Attorneys' offices, which is $26,000,000 above fiscal year 2014
and $14,673,000 above the request. This amount includes
additional funding to address growing MLAT requests and case
backlog.
Prescription drug abuse.--Tackling the persistent,
nationwide crisis of prescription drug abuse remains a core
task for Federal law enforcement. U.S. Attorneys are expected
to prioritize their investigations and prosecution of pain
clinics that serve as fronts for the illegal distribution of
addictive painkillers.
Human trafficking.--The recommendation continues bill
language directing each U.S. Attorney to lead a human
trafficking task force. The Committee notes that the Department
proposed to delete this language in the budget request. The
Committee expects all U.S. Attorneys' offices in fiscal year
2015 to enhance their ongoing leadership and participation in
regional human trafficking task forces, to adopt a proactive
stance on initiating and pursuing investigations, including of
persons or entities that carry out or facilitate trafficking in
persons through the use of the Internet, such as through online
classified ads, and to continue public outreach efforts. The
Department shall continue to submit semiannual reports on the
efforts and impact of these task forces, as required by the
fiscal year 2014 Appropriations Act.
Intellectual Property Rights (IPR) Enforcement.--The
Committee expects the Department to continue to make IPR
enforcement an investigative and prosecutorial priority for
Federal prosecutors.
UNITED STATES TRUSTEE SYSTEM FUND
The Committee recommends $225,908,000 for the United States
Trustee Program, which is $1,508,000 above fiscal year 2014 and
the same as the request. The recommended funding is fully
offset by fee collections.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $2,326,000 for the Foreign Claims
Settlement Commission, which is $226,000 above fiscal year 2014
and the same as the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $270,000,000, which is the same as
fiscal year 2014 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
The Committee recommends $12,000,000 for the Community
Relations Service, which is the same as fiscal year 2014 and
$972,000 below the request.
ASSETS FORFEITURE FUND
The Committee recommends $20,514,000 for the Assets
Forfeiture Fund, which is $14,000 above fiscal year 2014 and
the same as the request.
United States Marshals Service
SALARIES AND EXPENSES
The Committee recommends $1,199,000,000 for the salaries
and expenses of the United States Marshals Service (USMS),
which is $14,000,000 above fiscal year 2014 and the request.
The Committee expects the USMS to continue its intensified
efforts to combat violent gangs through its fugitive task
forces and related programs.
CONSTRUCTION
The Committee recommends $9,800,000, the same as fiscal
year 2014 and the request, for construction and related
expenses in space controlled, occupied or used by USMS for
prisoner holding and related support.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $1,595,307,000 for Federal
Prisoner Detention, which is $62,307,000 above fiscal year 2014
and the same as the request. A rescission of $122,000,000 in
prior year balances in this account is included in title V of
this Act.
National Security Division
SALARIES AND EXPENSES
The Committee recommends $94,800,000 for the National
Security Division (NSD), which is $3,000,000 above both fiscal
year 2014 and the request. This amount will help the NSD
address the growing workload for its national security mission,
including work related to its FISA responsibilities. Within the
amount provided is funding for three additional attorney
positions in the FARA office to improve its capacity to deal
with enforcement workload and the evolving complexity of its
work. The Committee has also included direction under the OIG
for a review of the Department's FARA enforcement performance.
The Committee remains interested in determining whether current
law provides for the collection of appropriate and sufficient
disclosure information from lobbyists who work on behalf of
state-owned or -directed companies. The Department shall brief
the Committee on FARA and Lobbying Disclosure Act execution as
specified in the fiscal year 2014 Appropriations Act as soon as
possible.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The Committee recommends $515,000,000 for Interagency Crime
and Drug Enforcement, which is $1,000,000 above fiscal year
2014 and $10,000,000 above the request. Funds are included
under this heading to support interagency Organized Crime Drug
Enforcement Task Forces (OCDETF), which target high-level drug
trafficking organizations through coordinated, multi-
jurisdictional investigations.
Decision unit subtotals.--The recommendation includes
$363,000,000 for investigations and $152,000,000 for
prosecutions. The Committee notes OCDETF cases routinely
include DEA personnel funded from the DEA Salaries and Expenses
account, as well as criminal investigators and agents from
other agencies who directly fund their participation in OCDETF
cases. OCDETF shall submit an updated report no later than 120
days after the enactment of this Act displaying current and
historical levels of investigative and prosecutorial FTE
devoted to OCDETF cases, including FTE funded under this
account and FTE funded from other appropriations.
Heroin.--The recent surge in heroin use, overdose deaths,
and trafficking volumes shows it to be one of the gravest
problems now facing law enforcement and the drug treatment
community. DEA noted in its 2013 threat assessment a trend of
users switching to heroin from prescription drug abuse as one
explanation for a rise in overdose deaths, and warned that
persons addicted to opioid prescription pills now find highly
pure heroin easier and cheaper to obtain. The Committees urges
the Department to intensify its use of task forces to address
this disturbing trend.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The Committee recommends $8,356,857,000 for the Salaries
and Expenses account of the Federal Bureau of Investigation
(FBI), which is $111,055,000 above fiscal year 2014 and
$78,638,000 above the request. The increase reflects necessary
funding to permit the FBI to continue to restore positions and
recover from programmatic cuts sustained under the sequester,
as well as to cover necessary base adjustment costs simply to
sustain current efforts--costs that the President's budget had
proposed to offset with unspecified reductions of $168,000,000.
The Committee's recommendation supports FBI's efforts to meet
its expanding workload related to core national security and
law enforcement missions. In addition, the funding supports
additional resources to address the rising backlog of MLAT
cases.
The Committee has provided separate funding recommendations
by decision unit as follows:
Intelligence.......................................... $1,690,000,000
Counterterrorism/Counterintelligence.................. 3,360,000,000
Criminal Enterprise/Federal Crimes.................... 2,757,000,000
Criminal Justice Services............................. 549,857,000
-----------------
Total, Salaries and Expenses...................... $8,356,857,000
Computer intrusions, cyber threats and cybersecurity.--The
FBI Director testified before the Subcommittee that
cybersecurity, cyber-attacks and other cybercrimes have become
a central mission and priority for the Bureau. The Committee
has included funding in its recommendation to ensure the FBI
can continue to develop and implement its Next Generation Cyber
(NGC) approach, a comprehensive ``whole of government''
approach to the investigating of computer intrusions and defeat
of cyber threat actors, including through its national network
of cyber task forces with Federal, State, local and
international partners in government, industry, and academia.
The Committee notes that it has received neither the cyber
threat assessment required under the fiscal year 2013
Appropriations Act, nor the updated assessment, in both
classified and unclassified versions, that was to be submitted
with the President's fiscal year 2015 budget request. The
Committee directs the FBI to provide the report as soon as
possible, and to submit an updated assessment with the
President's fiscal year 2016 budget request, which will
identify and rank foreign governments and non-state actors
according to the cyber threats they pose to the United States.
Counterintelligence.--The Committee noted in both fiscal
year 2013 and 2014 House Reports its extreme concern with
actions the Chinese government and its military, intelligence
or Communist party entities carry out through organizations
that promote educational, cultural or professional exchanges.
The Committee is awaiting a briefing, to be arranged by the FBI
in coordination with relevant executive branch agencies, on
organizations engaged in exchange programs that involve U.S.
officials, and measures being taken to ensure those officials
are informed of any Chinese government involvement in such
programs. The Committee expects this briefing will be provided
as soon as possible.
Commercial cyber espionage.--The Committee is concerned
with the expanding threat of cyber espionage affecting U.S.
industry, technology and other proprietary information. The FBI
shall brief the Committee not later than 120 days after
enactment of this Act on its efforts to share information on
such espionage with other countries' law enforcement and
security agencies, and encourage greater collaboration in
addressing this ongoing threat, which poses as great a risk to
our international partners. The Committee also directs the FBI
to continue to enhance its sharing of information about cyber
threats with the private sector, particularly small- and
medium-sized businesses, and report to the Committee no later
than 120 days after enactment of this Act on the status of such
efforts.
Ransomware.--The Committee is aware of a growing threat to
U.S. businesses from computer malware known as ``ransomware,''
which infects computer systems and encrypts files or renders
computers unusable until a payment is made to the extorter to
unlock the systems. The Committee directs the FBI to report no
later than 120 days after enactment of this Act on the number
of known cases in fiscal year 2014, the suspected sources of
ransomware attacks, and how the FBI assists U.S. businesses to
protect themselves from such attacks or, if necessary, respond
to them. The report should also propose administrative or
legislative actions to enable the FBI and U.S. industry to
respond to this problem.
Liaison partnerships.--The Committee directs the FBI to
report any violations of its prohibition on non-investigative
cooperation with CAIR, and expects it to adopt similar policies
for other individuals and organizations identified as
unindicted co-conspirators in terrorism-related cases.
Human rights violations.--The Committee directs the FBI to
submit, with the President's fiscal year 2016 budget request,
the third annual report on its investigative and related
support for the Department's prosecution of human rights
violations by foreign nationals.
Human trafficking.--The FBI has reported that human
trafficking cases nearly tripled between 2009 and the end of
fiscal year 2012, resulting in hundreds of arrests, indictments
and convictions. The Committee notes that on January 1, 2013,
the FBI's Uniform Crime Reporting (UCR) program began
collecting data regarding human trafficking as mandated by the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (TVPRA). These included data on
human trafficking for commercial sex acts as well as for human
trafficking for involuntary servitude.
The Committee strongly supports the FBI's intensified
enforcement activities, including through its Violent Crimes
Against Children program, and recent efforts to address sex
trafficking associated with major sports and cultural events.
As part of its national Innocence Lost initiative, the FBI in
2013 mounted Operation Cross Country VII, a three-day
nationwide enforcement effort which resulted in the rescue of
more than 100 minors, the arrest of 151 pimps and other child
exploiters, and the distribution of services to 394 women and
child victims. The Committee is especially pleased with the
collaborative, multi-agency approach of the FBI, with its
Federal, State and local partners, and directs the FBI to
provide no later than 120 days after the enactment of this Act
an updated version of the report it submitted for fiscal years
2013 and 2014 on its enforcement efforts. This should include,
among other things, data on agent utilization and overall staff
resources dedicated to human trafficking investigations and
prosecutions in fiscal year 2014 and estimated for fiscal year
2015, including participation of FBI personnel in human
trafficking task forces and collaboration with partner agencies
and offices. The report should also provide data on State and
local law enforcement compliance with TVPRA UCR reporting
requirements. Finally, the report shall describe progress in
implementing new UCR categories and statistics under those
categories. The Committee expects the Bureau will share
trafficking case information on an ongoing basis with other law
enforcement agencies and task forces investigating similar
cases.
9/11 Commission recommendations.--The recommendation
includes up to $1,000,000 to support the ongoing review of the
recommendations of the 9/11 Commission as directed in the
fiscal year 2013 and 2014 Appropriations Acts, and which the
Committee expects to be completed in fiscal year 2015. The FBI
is directed to provide any support and information necessary
for completion of the review, including access to all requested
information, individuals and facilities, and to ensure the
report is transmitted directly to the Congress. The Committee
also directs the FBI to identify, following release of the
report, any specific actions it is undertaking or planning to
implement in response to the report findings, and any
associated funding or legislative requirements.
Domestic radicalization and violent extremism.--The
Committee continues to await the briefing required under the
fiscal year 2014 Appropriations Act on the efforts of the
National Security Branch's Countering Violent Extremism office.
The FBI is expected to provide this briefing as soon as
possible.
Violent gangs.--The recommendation provides increased
funding for FBI's Safe Streets Task Forces to combat violent
gang crime. The recommendation includes no less than $8,500,000
to support the National Gang Intelligence Center, and also
includes bill language renaming the center the National Gang
and Human Trafficking Intelligence Center (NGHTIC). In addition
to its current functions, the NGHTIC shall provide and
coordinate intelligence on human trafficking patterns and
networks around the country, disseminate such intelligence to
law enforcement partners, and produce an annual National Sex
Trafficking Threat Assessment. The Committee directs the FBI to
expand its efforts through the NGHTIC in fiscal year 2015 from
within its Salaries and Expenses appropriation. One aspect of
particular concern to the Committee is the growing link between
violent gangs and human trafficking. The 2011 National Gang
Threat Assessment noted, ``gang involvement in alien smuggling,
human trafficking, and prostitution is increasing primarily due
to their higher profitability and lower risks of detection and
punishment than that of drug and weapons trafficking,'' and
found at least 35 States and territories reporting such
activity. The Committee directs the FBI to report no later than
120 days after enactment of this Act on trends in this
relationship, and how FBI anti-gang programs are disrupting
gang involvement in human trafficking rings.
Insider threats and counterintelligence.--The Committee
remains very concerned about the threat of insiders, who the
Office of the Director of National Intelligence reported have
caused ``significant damage to U.S. interests from the theft
and unauthorized disclosure of classified, economic, and
proprietary information and other acts of espionage,'' and the
National Counterintelligence Executive noted ``. . . remain the
top counterintelligence challenge to our community.'' The
Committee awaits the FBI's report on trends in espionage in
U.S. national laboratories, industry and academia, including an
analysis of the profile of ``insider threat'' actors, as
directed in the fiscal year 2014 Appropriations Act, and
expects to receive it as soon as possible.
Money laundering.--The continuing developments in the use
of forms of peer-to-peer digital currency, crypto-currency, and
similar forms of exchange such as Bitcoin lead the Committee to
have serious concerns about their potential for enabling
criminals and terrorists to illegally launder and transfer
money. The Committee awaits a briefing from the FBI,
coordinated with its other Department and Federal agency
partners, on the nature and scale of the risk such currencies
pose, as specified in the fiscal year 2014 Appropriations Act,
and expects to receive that briefing as soon as possible.
Rapid DNA analysis.--The FBI established the Rapid DNA
Program Office in 2010 to develop and integrate instruments for
law enforcement use, and provided guidelines for use of Rapid
DNA instruments in accredited laboratories. The Committee is
also aware that such technology is currently limited to use at
accredited laboratories, where results can be uploaded to the
FBI Combined DNA Index System database. The Committee urges the
FBI to explore ways to develop this capability for application
to intake, processing, booking, detention, and incarceration
stages, and to recommend to Congress any legislation that may
be required to facilitate such implementation.
Financial Crimes.--The Committee remains concerned about
the prevalence and impact of financial crime, and expects the
FBI will make it a priority to use the funding in this bill to
combat corporate, securities, commodities and mortgage fraud.
The National Instant Criminal Background Check System
(NICS) report.--NICS is a vital tool for keeping firearms out
of the hands of dangerous individuals. The Committee remains
concerned about the extent to which Federal and State agencies
are submitting complete records in a timely manner. Without
these submissions, NICS could be missing potential prohibiting
information. The Committee therefore directs the FBI to publish
annual reports on submissions to NICS, with the first report to
be published no later than 150 days after the enactment of this
Act. These reports should include detailed data on submissions
by Federal and State agencies. For each Federal and State
agency, data should be provided for each prohibitor per U.S.C.
Section 922, including felony, domestic violence, substance
abuse, and mental health.
CONSTRUCTION
The Committee recommends $110,982,000 for the construction
of FBI facilities and related activities, which is $13,500,000
above fiscal year 2014 and $42,000,000 above the request. The
recommendation does not adopt the proposed reduction in the
Secure Work Environment program. In addition, funding in this
account will facilitate and expedite work on current design and
construction projects.
Drug Enforcement Administration
SALARIES AND EXPENSES
The Committee recommends total budget authority of
$2,420,000,000 for salaries and expenses, of which $366,680,000
is derived from fees deposited in the Diversion Control Fund,
and $2,053,320,000 is provided by direct appropriation. The
recommended direct appropriation is $35,320,000 above fiscal
year 2014 and the request. This increase is intended to help
DEA offset its necessary pay and non-pay base costs, which the
President's budget had proposed be fully absorbed using
unspecified administrative offsets. The increase is also
expected to support DEA's growing enforcement workload,
including supporting its challenges in its overseas programs,
as well as continuing support of State and local partners.
Diversion control.--The recommendation includes
$366,680,000 for the regulatory and enforcement activities of
DEA's Diversion Control Program. The Diversion Control Program
is fully funded by fee collections. Within this level of
funding, the Committee expects DEA to sustain its current level
of effort for Tactical Diversion Squads and scheduled
regulatory investigations.
Methamphetamine lab cleanup.--The funding recommendation
for Community Oriented Policing Services (COPS) includes
$10,000,000 for transfer to DEA to assist State, local and
tribal law enforcement agencies with the removal and disposal
of hazardous materials at methamphetamine labs, including funds
for training, technical assistance, purchase of equipment, and
a container program. The Committee understands that DEA will
continue to expand and reduce the cost of its cleanup
operations in fiscal year 2015 due to the efficiencies from use
of container pickups.
Prescription drug and heroin abuse.--The Committee is
extremely concerned about the continued threat posed by
prescription drug abuse, as well as the resurgence of heroin
abuse and overdoses that appear connected to enforcement of
laws against prescription drug diversion. The Committee has
included in its recommendation funding to support enhancement
of DEA's investigative efforts to deal with these growing
threats, and directs DEA to report to the Committee no later
than 60 days after enactment of this Act on the numbers of
actual and estimated heroin investigations in fiscal years 2013
through 2015, the amounts and street value of heroin associated
with such investigations, and prosecutions resulting from
investigations.
Law enforcement resources in the Caribbean.--The Committee
remains concerned about the high level of narcotics trafficking
and associated violent crime in Puerto Rico and the U.S. Virgin
Islands. The Committee directs the Attorney General to assess
the adequacy of current Justice Department law enforcement
personnel and resources assigned to Puerto Rico and the U.S.
Virgin Islands, in the context of overall Federal,
Commonwealth, and local efforts in the region, and to identify
resources necessary to close enforcement gaps in future budget
submissions.
Overtime caps.--The Committee is aware that some small and
rural law enforcement agencies face limits in eligibility for
overtime compensation for participation in drug task forces due
to multi-agency policies that cap such overtime. The Committee
encourages DEA to work with its State, local and Federal
partners to help ensure such agencies can continue to
participate in such joint efforts. No later than 90 days after
enactment of this Act, DEA shall report to the Committee on its
outreach to agency partners, indicate whether changes to
current policy are permitted under existing authority and
provide recommendations to address this concern.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The Committee recommends $1,200,000,000 for the salaries
and expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), which is $21,000,000 above fiscal year 2014
and $1,004,000 below the request.
Gun law enforcement.--The recommendation includes funding
above the current year level to continue and enhance the fiscal
year 2014 initiatives to investigate violations of Federal
firearms laws, to include increased violent crime reduction and
inspection capabilities and crime gun tracing, including
through updating and expanding use of the National Integrated
Ballistics Information Network (NIBIN). A briefing on ATF
allocation of funding for its violent crime enforcement,
regulatory efforts, and firearms tracing, to include expansion
and support of NIBIN, was required under the fiscal year 2014
Appropriations Act, and the Committee directs ATF to provide it
as soon as possible.
The Committee is concerned about growing backlogs in
processing applications required under the National Firearms
Act (NFA), as well as licensing approvals for manufacturers.
According to ATF, NFA applications increased more than 380
percent between 2005 and 2013. In an effort to reduce
processing time and backlogs, ATF has implemented ``eForms,''
an electronic filing process, which has reduced submission and
processing times, as well as data entry processing backlogs.
The Committee encourages ATF to seek further service
improvements, and directs ATF to report no later than 60 days
after enactment of this Act on the status of its processing
initiatives, to include data on processing volumes, delays, and
backlogs, as well as actual and estimated staffing and
operating costs in fiscal years 2014 and 2015. Should
additional funding be required to reduce processing time, the
Committee expects ATF to submit a reprogramming request.
Tobacco enforcement.--The Committee awaits the report on
ATF tobacco enforcement strategies and resources required by
the fiscal year 2014 Appropriations Act, to include
recommendations for additional authorities and tools to improve
ATF's tobacco enforcement posture, and directs ATF to transmit
the report as soon as possible.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $6,865,000,000 for salaries and
expenses of the Bureau of Prisons (BOP), which is $96,000,000
above fiscal year 2014 and $61,000,000 above the request. The
Committee has provided separate funding recommendations by
decision unit as follows:
Inmate Care and Programs.............................. $2,570,000,000
Security and Administration........................... 3,020,000,000
Management and Administration......................... 205,000,000
Contract Confinement.................................. 1,070,000,000
-----------------
Total, Salaries and Expenses...................... $6,865,000,000
Facility staffing and capacity.--The Committee continues to
prioritize staffing levels at fully activated institutions and
the continuation of activation activities, as necessary, at the
two institutions that received fiscal year 2014 activation
funding. No funding is provided for the activation of the
Thomson, Illinois facility.
Contract confinement.--The Committee recognizes the value
of contract confinement in meeting BOP's expanding low security
facility requirements. The Committee continues to expect BOP to
meet bed space needs by using State, local and private prison
capacity, if such facilities meet BOP standards, as a means to
help alleviate overcrowding.
Inmate data and statistics.--The Committee supports BOP's
publication of inmate statistics. BOP shall add data on inmate
education levels to its existing statistical information, and
also publish breakdowns of existing information for each annual
cohort of inmates slated for release.
Oleoresin capsicum (OC) aerosol spray pilot program.--The
Committee directs BOP to report no later than 120 days after
enactment of this Act on the status and results of the pilot
program authorizing use of OC spray by corrections officers in
BOP facilities. The report should include any conclusions BOP
has reached regarding the OC program, and its plans for the
program moving forward, including possible provision of OC
spray to other BOP employees and at other BOP facilities.
Mental health.--The Committee directs the Bureau to brief
the Committee no later than 120 days after enactment of this
Act on the cost of incarcerating and treating mentally ill
individuals; the number of incarcerated individuals diagnosed
with mental illness, and of those the number who receive
treatment from BOP; the recidivism rate of adults and juveniles
diagnosed with mental illness; the percentage of incarcerated
adults diagnosed with mental illness who entered the justice
system as juveniles; and a description of programs within the
Bureau of Prison system for the diagnosis and treatment of
inmate mental illness, with an assessment of their impact on
recidivism.
BUILDINGS AND FACILITIES
The Committee recommends $115,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, which is
$25,000,000 above fiscal year 2014 and the request. The
recommendation includes $25,000,000 for costs related to
construction of new facilities. The Committee directs the
Bureau to move forward with ongoing facilities planning efforts
and associated new construction for future prison construction
projects to meet projected capacity requirements as identified
in the monthly status of construction reports to the Committees
on Appropriations. The Committee recommendation does not
include funding for any renovation, upgrades or construction at
the Thomson, Illinois facility, as none was requested.
The Committee directs the BOP to continue to provide
monthly status of construction reports, and to notify the
Committee of any changes reflected in those reports.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The Committee recommends a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated, (FPI) which is the same as fiscal year 2014 and
the request.
Product procurements.--The Committee is pleased that FPI
and the BOP are exercising new authority to manufacture
products no longer produced in the United States, and to
promote FPI capacity to undertake such work for Federal, State,
and other customers. The Committee directs the BOP Director,
with the support of the Attorney General, to continue a
vigorous outreach effort, demonstrating the benefits to
potential customers from this work that improves the
preparation of inmates for reintegration into society, reduces
recidivism, offsets prison costs, and does not result in any
loss of private sector jobs. The Committee particularly
encourages efforts to undertake work to repatriate high
technology work that will improve employability for prisoners.
The Committee also directs FPI to continue annual surveys
of Department of Justice and other Federal agencies to identify
products purchased by such agencies that are manufactured
outside the United States, and might otherwise be procured
through FPI, to maintain the FPI database on such business to
inform its board of directors of opportunities for
manufacturing repatriation, and to continue to report to the
Committee quarterly on FPI's plans and capacity to provide
these services as an alternative to foreign manufacturers.
Included in the front matter of this report is direction to
the Departments of Commerce, Justice, the National Aeronautics
and Space Administration, and the National Science Foundation
to meet with FPI, at least annually, to discuss such
procurement opportunities.
State and Local Law Enforcement Activities
In total, the Committee recommends $2,192,665,000 for State
and local law enforcement and crime prevention grant programs,
including $2,121,665,000 in discretionary appropriations. The
discretionary total is $71,635,000 below fiscal year 2014 and
$60,335,000 below the request.
Management and administrative expenses.--The Committee
encourages grant offices to minimize administrative spending in
order to maximize funding for grants or training and technical
assistance. The Committee also directs the Department to ensure
that the methodology for assessing management and
administration costs is equitable and reflects a fair
representation of the share of common management and
administrative costs associated with each program. The
Committee notes that an across-the-board percentage assessment
may not be the most appropriate solution. The Committee is
aware that, in general, the Department's grant offices for
State and Local Law Enforcement Activities have authority to
allocate certain expenses administratively to activities that
are ancillary to the core purposes of the appropriation (e.g.,
peer review for a competitive program, training and technical
assistance, and research and statistical activities).
The Committee remains concerned about how management and
administration costs are being applied to State Victims of
Crime Act grants. The Committee directs the Department to bring
administrative and management costs for these grants in line
with costs associated with the management of similar Justice
grant programs.
Office of Victims of Crime (OVC).--The recommendation
provides $25,000,000 above the current level for OVC. Within
available resources, OVC may implement the office's Vision 21,
which seeks to bring better technology, planning, research and
data into the crime victims services field.
Ft. Hood terrorist attack.--The Committee directs OVC to
provide the survivors and families of the victims of the
November 2009 terrorist attack at Ft. Hood all possible
appropriate assistance, and report to the Committee no later
than 60 days after enactment of this Act on what assistance it
has provided to date. This report shall also describe what, if
any, role the classification of the attack as a ``workplace
violence'' incident rather than a terrorist attack played in
determining what types of assistance would be provided.
Performance Partnership Pilots.--The recommendation does
not include the requested general provision regarding
Performance Partnership Pilots. As such, no Department funds
shall be expended on the pilots.
Procedural justice.--The recommendation does not include
funding for the Procedural Justice--Building Community Trust
program or the National Center for Building Community Trust and
Justice.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The Committee recommends $425,500,000 for the Office on
Violence Against Women (OVW), which is $8,500,000 above fiscal
year 2014 and $3,000,000 above the request. The recommendation
includes funding above the request for Services, Training,
Officers, and Prosecutors (STOP) grants, the sexual assault
services program and for violence on college campuses. Funds
are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants........................................... $195,000
Transitional Housing Assistance....................... 25,000
Research and Evaluation on Violence Against Women..... 3,000
Consolidated Youth-Oriented Program................... 10,000
Grants to Encourage Arrest Policies................... 50,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Victims Services....................... 29,500
Rural Domestic Violence and Child Abuse Enforcement... 31,000
Violence on College Campuses.......................... 11,500
Civil Legal Assistance................................ 42,500
Elder Abuse Grant Program............................. 4,250
Family Civil Justice.................................. 16,000
Education and Training for Disabled Female Victims.... 5,750
National Resource Center on Workplace Responses....... 500
Research on Violence Against Indian Women............. 1,000
Indian Country--Sexual Assault Clearinghouse.......... 500
=================
TOTAL, Violence Against Women Prevention and $425,500
Prosecution Programs...............................
------------------------------------------------------------------------
Competition.--OVW grants are a vital source of funding to
survivors of sexual and domestic assault and abuse. The
Committee directs OVW to ensure full and open competition for
fiscal year 2015 grants.
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The Committee recommends $124,250,000 for Research,
Evaluation and Statistics, which is $4,250,000 above fiscal
year 2014 and $12,650,000 below the request. Funds are
distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics.......................... $47,250
National Institute of Justice......................... 42,000
Regional information sharing activities............... 35,000
=================
TOTAL, Research, Evaluation and Statistics.......... $124,250
------------------------------------------------------------------------
Domestic radicalization.--According to the Congressional
Research Service, there have been 74 homegrown jihadist
terrorist plots and attacks since 9/11, including 53 plots or
attacks since May 2009. The Committee appreciates the efforts
of the National Institute of Justice (NIJ) in examining the
drivers of domestic radicalization and defining the role of
State and local law enforcement in breaking the radicalization
and recruitment cycle that sustains terrorism. The Committee is
concerned that violent radicalization--the process of adopting
or promoting an extremist belief system for the purpose of
facilitating ideologically based violence to advance political,
religious, or social change--is a significant and elusive
aspect of the terrorism threat to the U.S. Therefore, in
addition to the resources provided under this heading to NIJ,
$4,000,000 is provided under the State and Local Law
Enforcement Assistance account for such research. The Committee
expects these funds to be used solely for activities directly
related to domestic radicalization. The Department shall report
no later than 60 days after enactment of this Act on the status
of this research and how it informs the Department's
counterterrorism efforts.
Statistics on violence against women.--``Honor violence''
is a form of violence against women committed with the motive
of protecting or regaining the perceived honor of the
perpetrator, family or community. There is currently a lack of
statistical information on the occurrence of honor violence in
the United States. The fiscal year 2014 appropriations Act
provided no less than $250,000 for the Bureau of Justice
Statistics (BJS) to collect statistics and report on the
incidence of honor violence in the United States. Building on
this initial research, the recommendation includes bill
language directing BJS to include honor violence in the
National Crime Victimization Survey, beginning not later than
two years after enactment of this Act. BJS shall provide the
Committee a status report on this effort no later than 90 days
after enactment of this Act and semiannually thereafter, until
such data are included.
National Law Enforcement and Corrections Technology
Centers.--The Committee continues to support the National Law
Enforcement and Corrections Technology Centers, a network of
facilities and capabilities that converts technology to law
enforcement use. The Centers provide actual casework assistance
when highly specialized technologies are required, and help
identify and locate high quality technologies and equipment for
law enforcement use. The recommendation continues the current
year level of funding for the Centers. The Committee notes the
importance of technical assistance to rural law enforcement
agencies, and directs NIJ to ensure that the centers continue
to be focused on this core mission.
Forensics.--The recommendation does not include funding for
the forensics initiative. The Committee is concerned that the
Administration's forensic sciences initiative lacks the
involvement of the State and local practitioner community,
making the community an observer--not a participant--in
addressing forensic reform, and thereby running the risk that
the initiative will not take into consideration existing,
proven standards and processes used within the community.
Forensics training.--The Committee understands there is a
lack of emphasis on solution-based approaches to training local
officers and using available technology to reduce court
backlogs and increase prosecutions. The Committee encourages an
emphasis be placed on providing resources for multi-
jurisdictional forensic service providers who, in collaboration
with universities, can help provide access to forensic
expertise, assistance and continuing education to law
enforcement agencies, particularly in rural under-served areas.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The Committee recommends $1,235,615,000 for State and Local
Law Enforcement Assistance programs, which is $64,115,000 above
fiscal year 2014 and $202,715,000 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.............. $376,000
Juvenile Indigent Defense........................... (2,500)
VALOR Initiative.................................... (15,000)
Domestic Radicalization Research.................... (4,000)
Competitive grants for firearms safety materials and (3,000)
gun locks..........................................
State Criminal Alien Assistance Program............... 210,000
Byrne Competitive Grants.............................. 8,000
Victims of Trafficking Grants......................... 45,365
Drug Courts........................................... 41,000
Mentally Ill Offender Act............................. 9,000
Residential Substance Abuse Treatment................. 12,000
Capital Litigation and Wrongful Conviction Review..... 2,000
Economic, High-tech and Cybercrime Prevention......... 10,000
Adam Walsh Act Implementation......................... 21,000
National Sex Offender Public Website................ (1,000)
Bulletproof Vests Partnerships........................ 22,250
National Instant Criminal Background Check System 58,500
(NICS) Initiative....................................
DNA Initiative........................................ 125,000
Debbie Smith DNA Backlog Grants..................... (117,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants. (4,000)
Sexual Assault Forensic Exam Program Grants......... (4,000)
Community Teams to Reduce the Sexual Assault Kit (SAK) 36,000
Backlog..............................................
CASA--Special Advocates............................... 6,000
Tribal Assistance..................................... 35,000
Second Chance Act/Offender Reentry.................... 62,500
Veterans Treatment Courts............................. 5,000
Missing Alzheimer's Patients Grants................... 1,000
Prescription Drug Monitoring.......................... 8,000
Prison Rape Prevention and Prosecution................ 15,000
Campus Public Safety.................................. 2,000
Justice Reinvestment Initiative....................... 30,000
Charles Colson Task Force on Federal Corrections.... (1,000)
Comprehensive School Safety Initiative................ 75,000
Consolidated Evidence-based Activities Initiative..... 20,000
=================
TOTAL, State and Local Law Enforcement Assistance... $1,235,615
------------------------------------------------------------------------
National Instant Criminal Background Check System (NICS)
Initiative grants.--The recommendation includes $58,500,000 for
grants to improve records in the NICS system. This initiative
combines the National Criminal History Improvement Program
(NCHIP) and the NICS Act Record Improvement Program (NARIP).
The Committee directs that the grants made under the broader
NCHIP authorities be made available only for efforts to improve
records added to NICS. Additionally, the Department shall
prioritize funding under NARIP authorities with the goal of
making all States NICS Improvement Amendments Act of 2007
(NIAA) compliant. The Department also shall apply penalties to
noncompliant States to the fullest extent of the law.
The Committee understands that ATF is willing to provide
technical assistance to all States seeking to establish
programs that meet the NIAA requirements for NARIP grants. Even
in the absence of funding exclusively for NARIP, the Committee
directs the Department to continue these efforts. The Committee
again urges OJP, ATF and FBI to assist States that are not
currently eligible for NARIP grants in meeting the eligibility
requirements.
Comprehensive school safety initiative.--The recommendation
includes $75,000,000 for a comprehensive school safety
initiative, which is a research-focused initiative led by the
NIJ to improve the safety of schools nationwide. Of the funds
provided, not less than half shall be for research activities.
The Committee is particularly interested in research about
exposure to media violence, including violent video games, and
research on gaps in the Nation's mental health system. The
initiative also funds pilot grants to evaluate innovative
approaches to increase the safety of schools nationwide.
Byrne Memorial Justice Assistance Grant (Byrne/JAG)
program.--The recommendation includes $376,000,000 for the
Byrne/JAG program. Funding under this formula program is
authorized for law enforcement programs; prosecution and court
programs; prevention and education programs; corrections
programs; drug treatment and enforcement programs; planning,
evaluation, and technology improvement programs; and crime
victim and witness programs, other than compensation. Within
the amount provided, $2,500,000 is for an initiative to improve
the quality of juvenile indigent defense; $4,000,000 is for
research on domestic radicalization; $15,000,000 is for the
Preventing Violence Against Law Enforcement and Ensuring
Officer Resilience and Survivability (VALOR) Initiative; and
$3,000,000 is for competitively awarded grants to distribute
firearms safety materials and gun locking devices. Excluding
carveouts, the recommendation for Byrne/JAG is $9,500,000 above
the fiscal year 2014 level and $32,000,000 above the request.
State Criminal Alien Assistance Program (SCAAP).--The
recommendation includes $210,000,000 for SCAAP, which is
$30,000,000 above fiscal year 2014. SCAAP provides grants that
reimburse states and localities for the costs incurred in
incarcerating undocumented criminal aliens. The President's
request proposed to terminate this program.
Economic, high-technology and cybercrime prevention.--The
recommendation includes $10,000,000 for economic, high-
technology and cybercrime prevention. The Committee encourages
the Department to assist State and local law enforcement
agencies with the prevention, investigation and prosecution of
intellectual property crimes.
Byrne competitive grants.--The recommendation includes
$8,000,000 for competitive grants to improve the functioning of
the criminal justice system, prevent or combat juvenile
delinquency, and assist victims of crime. The Committee urges
the Department to prioritize support for an integrated
continuum and evidence-based or evidence-informed services and
programs for both at-risk children and their families for the
prevention, control or reduction of juvenile delinquency. The
Committee also urges the Department to prioritize support for
work to improve forensic interview training for child abuse
investigation and prosecution professionals.
Tribal assistance.--The recommendation includes $35,000,000
for tribal grant programs, which is $5,000,000 above the fiscal
year 2014 level. The Committee expects OJP to continue to
consult closely with tribes to determine how tribal assistance
funds will be allocated among grant programs that improve
public safety in tribal communities, such as grants for
detention facilities under section 20109 of subtitle A of title
II of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), civil and criminal legal assistance as
authorized by title I of Public Law 106-559, tribal courts, and
alcohol and substance abuse reduction assistance programs. The
Committee directs OJP to use such consultation to inform the
allocation of funds it shall submit as part of its spending
plan. The Committee notes that the recommendation includes
additional grant funding for tribal law enforcement programs
through OVW and COPS.
DNA initiative.--The recommendation includes $125,000,000
for DNA-related and forensic programs and activities, an
increase of $25,000,000 above the request. Within the funding
provided, the Committee provides $4,000,000 each for Post-
Conviction DNA Testing grants and Sexual Assault Forensic Exam
Program grants. The Committee expects that OJP will make
funding for DNA analysis and capacity enhancement a priority to
meet the purposes of the Debbie Smith DNA Backlog Grant
Program. The Committee directs the Department to submit, as
part of its spending plan, a plan for the use of all funds
appropriated for DNA-related and forensic programs and a report
on the alignment of appropriated funds with the authorized
purposes of the Debbie Smith DNA Backlog Grant Program.
Sexual assault kit backlog grants.--The Committee is
concerned with the ongoing sexual assault kit backlog in
jurisdictions across the country. The Committee encourages
stakeholders and local law enforcement to continue working with
Federal law enforcement to resolve this important issue. The
recommendation includes $36,000,000 for grants to address the
sexual assault kit backlog, an increase of $1,000,000 above the
request. The Committee expects that this funding will be used
only for efforts that directly reduce the backlog of sexual
assault kits at law enforcement agencies.
Victims of trafficking grants.--The recommendation includes
$45,365,000 for human trafficking task force activities and for
services for victims, an increase of $31,115,000 above fiscal
year 2014 and $34,865,000 above the request. These funds may
also be used to develop, expand and strengthen assistance
programs for child victims of sex and labor trafficking.
The Committee recognizes human trafficking as modern-day
slavery, and urges DOJ to continue its efforts to eliminate
human trafficking in all of its forms. The Committee directs
DOJ to support the victim-centered approach to recognizing and
responding to human trafficking, especially across partnerships
between Federal and local law enforcement agencies and victim
service providers. The Department shall include a planned
allocation of these funds in its spending plan.
Prescription drug monitoring.--The recommendation includes
$8,000,000 for the Prescription Drug Monitoring Program (PDMP).
The diversion and abuse of prescription medications has become
our Nation's fastest growing drug problem, with overdose deaths
now surpassing motor vehicle accidents as the number one cause
of accidental deaths nationwide. The Committee maintains its
support for the provision of technical assistance for PDMPs,
PDMP data users and other key stakeholders through this
program.
The Committee applauds the efforts of the Bureau of Justice
Assistance (BJA) to partner with other organizations to foster
interstate interoperability and connectivity among State-run
PDMPs, and encourages BJA to continue its support for efforts
to establish a national network of interconnected PDMPs. The
Committee also supports efforts to increase use of PDMPs among
authorized users. In particular, the Committee directs BJA to
prioritize grant funding for States which are engaged in
initiatives to integrate PDMP data with electronic health
systems, such as electronic health records and electronic
prescribing systems. The Committee also directs the Department
to report, not later than 90 days after enactment of this Act,
on relevant findings from BJA's multi-disciplinary pilot
programs.
Drug courts.--The recommendation includes $41,000,000 for
drug courts, which is $500,000 above the fiscal year 2014
level. Drug courts help reduce recidivism and substance abuse
among non-violent offenders and increase the likelihood of an
offender's successful rehabilitation through intense,
judicially supervised treatment, mandatory periodic drug
testing, community supervision, and appropriate sanctions. The
Committee expects these funds to be used to provide grants and
technical assistance to State, local, and tribal governments to
support the development, expansion, and enhancement of drug
courts, based upon their efficacy as a response to substance
abuse and crime.
Mentally ill offenders.--The recommendation includes
$9,000,000 for mentally ill offender programs. Grants provided
under the Mentally Ill Offender Treatment and Crime Reduction
Act (Public Law 108-414) provide support for a broad range of
activities, including mental health courts, mental health and
substance abuse treatment for incarcerated mentally ill
offenders, community reentry services, and cross-training of
criminal justice, law enforcement, and mental health personnel.
Such grants also promote improved training of State and local
law enforcement to help them identify and improve responses to
people with mental illnesses.
Veterans treatment courts.--The recommendation includes
$5,000,000 to support veterans treatment courts. The Committee
expects the Department to work in conjunction with the
Department of Veterans Affairs, as appropriate, to provide
grant support for collaborative, rehabilitative approaches for
continuing judicial supervision over offenders who are
veterans.
Second Chance Act/offender reentry programs.--The
recommendation includes $62,500,000 for Second Chance Act
grants. The Committee notes that the requested carveouts for
Smart Probation and Pay for Success (Discretionary) are funded
under the consolidated evidence-based activities initiative.
Excluding carveouts, the recommendation is $15,250,000 above
fiscal year 2014 and $2,500,000 above the request.
The Committee remains concerned that despite a dramatic
increase in corrections spending over the past two decades,
recidivism and re-incarceration rates are largely unchanged.
The Committee is aware that case studies of innovative,
evidence-based practices provide a strong indication that this
pattern can be reversed. The Committee expects that Second
Chance Act grants will foster the implementation of strategies
that have been proven to reduce recidivism and ensure safe and
successful reentry back to their communities of adults released
from prisons and jails. The Committee expects DOJ to designate
funds for proven, evidence-based programs that will further the
goal of maximizing public safety.
Justice reinvestment initiative.--The recommendation
provides $30,000,000 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
recognizes the tremendous potential of justice reinvestment
efforts, noting that successful efforts in the States, such as
Kansas, North Carolina, Ohio, and Pennsylvania, have saved
millions of dollars and serve as a model for criminal justice
reform in the Nation. Funding may be used to provide technical
assistance to States with existing reinvestment programs,
expand the initiative to additional States, or provide
additional funding for existing programs.
Colson Task Force.--Of the amount provided for justice
reinvestment, no less than $1,000,000 is for continued support
of the Charles Colson Task Force on Federal Corrections, which
was established in the Consolidated Appropriations Act, 2014.
This nine-person, bipartisan, blue ribbon panel is to develop
practical, data-driven policy options to increase public
safety, improve offender accountability, reduce recidivism, and
control growth of spending on corrections.
Consolidated evidence-based activities initiative.--To
improve efficiencies in DOJ grant programs and save taxpayers
money, the recommendation includes $20,000,000 for a
consolidated evidence-based activities initiative, which will
combine several existing evidence-based programs, to include:
Evaluation Clearinghouse (What Works Repository), Smart
Policing, Smart Prosecution, Smart Probation, Pay for Success
(Discretionary), Project HOPE Opportunity Probation with
Enforcement, Juvenile Justice and Education Collaboration
Assistance, and Gang and Youth Violence Education and
Prevention. The Department shall provide details of the
allocation of these funds in the spending plan required by this
Act. The Committee notes that this consolidation does not fund
any of the Administration's newly proposed programs.
Blue Alerts.--Blue Alerts provide the means to speed the
apprehension of violent criminals who kill or seriously injure
local, State, or Federal law enforcement officers. Eighteen
states have adopted Blue Alert notification systems. The
Committee encourages the Department to examine the utility and
feasibility of establishing a national Blue Alert
communications network to issue Blue Alerts in coordination
with States, units of local government, local law enforcement
agencies, and other appropriate entities.
JUVENILE JUSTICE PROGRAMS
The Committee recommends $223,500,000 for Juvenile Justice
programs, which is $31,000,000 below fiscal year 2014 and
$75,900,000 below the request. Funds are distributed as
follows:
JUVENILE JUSTICE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants.......................... $45,000
Youth Mentoring Grants................................ 90,000
Victims of Child Abuse Programs....................... 19,000
Missing and exploited children programs............... 68,000
Training for Judicial Personnel....................... 1,500
=================
TOTAL, Juvenile Justice............................. $223,500
------------------------------------------------------------------------
Youth mentoring grants.--The recommendation includes
$90,000,000 for youth mentoring grants, which is $1,500,000
above fiscal year 2014 and $32,000,000 above the request.
Grantee audit recommendations.--The Committee strongly
supports the efforts of OJP and OIG to ensure that Federal
grant funding is efficiently and effectively spent. The
Committee urges OJP to continue working with both OIG and
affected grantees to review and implement audit recommendations
as quickly as practicable in order to minimize the
administrative and financial burden on those grantees and the
disruption of services to the community.
Missing and exploited children programs.--The
recommendation includes $68,000,000 for missing and exploited
children programs, $1,000,000 above both fiscal year 2014 and
the request. The Committee expects the Department to allocate
no less than $29,250,000, which is the current year level, for
task force grants, training and technical assistance, research
and statistics, and administrative costs for the Internet
Crimes Against Children program. The Committee expects the
Department to allocate $1,000,000 to be used to hire and equip
wounded, ill, or injured veterans as digital forensic analysts
or investigators to support child exploitation investigations.
PUBLIC SAFETY OFFICER BENEFITS
The Committee recommends a total of $87,300,000 for the
Public Safety Officer Benefits program, which is $10,000,000
below fiscal year 2014 and the same as the request. Within the
funds provided, $71,000,000 is for death benefits for
survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping purposes.
Also within the total, $16,300,000 is recommended, as
requested, for disability benefits for public safety officers
who are permanently and totally disabled as a result of a
catastrophic injury sustained in the line of duty, and for
education benefits for the spouses and children of officers who
are killed in the line of duty or who are permanently and
totally disabled as a result of a catastrophic injury sustained
in the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
The recommendation includes $96,500,000 for COPS programs,
as follows:
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanups...... $10,000
Tribal Resources Grant Program........................ 16,500
COPS Hiring Grants.................................... 70,000
Transfer to Tribal Resources Grant Program.......... (16,500)
Regional gang task forces........................... (10,000)
=================
TOTAL, Community Oriented Policing Services......... $96,500
------------------------------------------------------------------------
Methamphetamine lab cleanup.--The recommendation includes
$10,000,000, which shall be transferred to DEA to assist State,
local and tribal law enforcement agencies with the removal and
disposal of hazardous materials at methamphetamine labs,
including funds for training, technical assistance, the
purchase of equipment, and a container program.
Regional gang task forces.--The recommendation includes
$10,000,000 for regional gang task forces. This initiative will
fund multi-jurisdictional partnerships comprised of Federal,
State and local law enforcement agencies to address gang
activity, focusing on enforcement, prevention/education, and
intervention. The Committee notes the nexus between gangs and
human trafficking and notes the importance of task forces that
target gangs of national significance, such as MS-13. The
Committee also notes that these funds can be used for task
forces that work toward disrupting gangs that traffic
methamphetamine.
Military installations.--The Committee encourages DOJ to
account for the impacts of lower tax bases, as a result of
military installations and other untaxed federal lands, when
distributing COPS grants.
General Provisions--Department of Justice
The Committee has included the following general provisions
for the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or to preserve the life of
the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the Committee's requirements and
procedures for transfer proposals.
Section 206 authorizes the Attorney General to extend an
ongoing Personnel Management Demonstration Project.
Section 207 prohibits the use of certain funds for
transporting prisoners classified as maximum or high security,
other than to a facility certified by the Bureau of Prisons as
appropriately secure.
Section 208 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 209 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 210 requires the Department to follow reprogramming
procedures for any deviation from the program amounts specified
in this title or the accompanying report, or the reuse of
deobligated funds provided in previous years.
Section 211 prohibits the use of funds for A-76
competitions for work performed by employees of the Bureau of
Prisons or Federal Prison Industries, Inc.
Section 212 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 213 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be used
for training and technical assistance and permits up to 2
percent of grant or reimbursement funds made available to that
office to be used for criminal justice research, evaluation and
statistics.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
National Instant Criminal Background Check System established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
TITLE III
SCIENCE
Office of Science and Technology Policy
The Committee recommends $5,555,000 for the Office of
Science and Technology Policy (OSTP), which is the same as
fiscal year 2014 and the request.
Neuroscience.--The Committee commends OSTP and the
Interagency Working Group on Neuroscience (IWGN) for their
continuing commitment to neuroscience and urges OSTP and the
IWGN to continue their coordination activities and efforts to
increase the Nation's knowledge of the brain. The Committee
further urges OSTP and the IWGN to begin implementing key
recommendations from the IWGN's recent report, Priorities for
Accelerating Neuroscience Research through Enhanced
Communication, Coordination and Collaboration. The Committee
expects to see these recommendations implemented as quickly and
efficiently as possible. Special attention should be given to
the recommendations on biomarker efforts, advances in medical
imaging research, applications of neuroscience in applied
settings (including education) and classifications of brain
disorders, as well as the recommendation to establish a Federal
neuroscience research portal. The Committee urges OSTP to brief
the Committee, no later than 120 days after the enactment of
this Act, on the prioritization and implementation status of
the IWGN report recommendations.
The Committee strongly supports international collaboration
on neuroscience research, and urges OSTP to work with relevant
science agencies to identify new and expanded opportunities for
international collaboration involving government neuroscience
researchers, private entities, non-profit institutions and
other stakeholders. The Committee urges OSTP to brief the
Committee on the results of its efforts to promote and
encourage international collaboration no later than 180 days
after the enactment of this Act.
Rare Earth materials.--The Committee anticipates the
submission by OSTP of a report requested for fiscal year 2014
on the work of the National Science and Technology Council's
Subcommittee on Critical and Strategic Mineral Supply Chains
(CSMSC). The Committee continues to urge the CSMSC Subcommittee
to leverage its work into an interagency plan to encourage
domestic critical element and mineral production in order to
reduce the dependence of the U.S. government and industry on
foreign sources of such materials.
Medical imaging.--The Committee believes there is near-term
potential to accelerate revolutionary new medical imaging
technology, both to enable medical professionals and
researchers to combat disease and to support high-skilled
manufacturing jobs in the United States. Such advances will
require interagency coordination of Federal medical imaging
research and development initiatives aimed at accelerating the
transfer of new technologies into commercial products
manufactured in the United States. Imaging research is
supported by the National Science Foundation (NSF), the
National Institutes of Health (NIH) and the Departments of
Veterans Affairs, Defense, and Energy, among others. The
Committee encourages OSTP to establish a committee to
coordinate these Federal investments in imaging research. Such
a committee could develop a roadmap for the full scope of
imaging research and development. The Committee believes that
while the United States already holds a meaningful competitive
advantage in the development of advanced imaging technologies,
OSTP can play a critical role in ensuring that innovative
technology solutions both enhance clinical efforts and aid in
the creation of domestic manufacturing jobs.
Public access to federally funded research.--Major Federal
research agencies are in the process of drafting and
implementing plans to enable public access to federally funded
research findings in accordance with guidance OSTP issued in
February 2013. OSTP shall report to the Committee on each
agency's progress in developing, finalizing and implementing
its plan. These reports shall be provided semiannually.
National Aeronautics and Space Administration
The Committee recommends $17,896,000,000 for the National
Aeronautics and Space Administration (NASA), which is
$249,500,000 above fiscal year 2014 and $435,400,000 above the
request.
GAO assessments of large-scale projects.--The Committee
directs NASA to continue cooperating fully and providing timely
information to the GAO so that it can meet its congressional
mandate to report on the status of large-scale projects at
NASA. Such information includes, but is not limited to, copies
of preliminary cost estimates; access to online agency
applications, databases, and web portals; and access to
contractor and agency personnel.
Breach reporting.--NASA is directed to submit to the
Committee any notifications and reports required by section 103
of the NASA Authorization Act of 2005 (Public Law 109-155).
Asteroid Redirect Mission (ARM) and other exploration
goals.--The Committee is disappointed that NASA still lacks a
comprehensive roadmap that charts a detailed, credible
exploration path to Mars. Such a roadmap is needed to guide
long-term programmatic and budgetary decision making, as well
as to plan international or commercial partnership
opportunities. To date, NASA has only defined one explicit step
on the roadmap--the ARM--and even that step requires additional
consideration. The Congress still has outstanding questions and
concerns about the ARM's costs and feasibility, as well as its
strategic relevance and potential to generate external support
from the public and international collaborators.
Because it remains unclear whether or when the Congress
will make a long-term commitment to the ARM concept, the
Committee believes that funding associated with the mission
must be carefully constrained to prevent the occurrence of
waste in the event that the ARM never receives final approval.
Accordingly, NASA may only expend funds on those portions of
the ARM mission that are also applicable to other current NASA
programs, clearly extensible to other potential future
exploration missions, such as to the Moon, Phobos/Deimos or
Mars, or have broad applicability to other future non-
exploration activities, such as in-space robotic servicing.
The Committee notes new interest among some members of
Congress and others in the human spaceflight stakeholder
community in the possibility of accelerating the achievement of
a crewed mission to the vicinity of Mars into the timeframe
currently planned for NASA's Exploration Mission-2 (EM-2). In
order to more clearly define the implications of pursuing this
goal, NASA shall have a high level independent assessment
conducted of the technical, management, cost and schedule
requirements associated with this potential mission and the
impact such a mission would have on existing program
requirements and goals for the Orion Multi-Purpose Crew Vehicle
(MPCV) and Space Launch System (SLS). The results of this
assessment shall be reported to the Committee no later than 30
days after completion.
Program and project totals.--The Committee's program and
project recommendations for NASA are included in the
consolidated funding table below and in additional narrative
direction throughout this report. When executing its budget for
fiscal year 2015, NASA shall incorporate the funding levels
established in both the table and the narrative direction.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science....................................... $1,750,000
Planetary Science................................... 1,450,000
Astrophysics........................................ 680,000
James Webb Space Telescope.......................... 645,000
Heliophysics........................................ 668,000
-----------------
Total, Science........................................ 5,193,000
=================
Aeronautics:.......................................... 666,000
=================
Space Technology:..................................... 620,000
=================
Exploration:
Human Exploration Capabilities...................... 3,055,000
Orion Multi-Purpose Crew Vehicle.................. (1,140,000)
Space Launch System (SLS)......................... (1,915,000)
SLS Vehicle Development......................... (1,600,000)
Exploration Ground Systems...................... (315,000)
Commercial Spaceflight.............................. 785,000
Exploration Research and Development................ 327,000
-----------------
Total, Exploration.................................... 4,167,000
=================
Space Operations:
International Space Station......................... 3,040,000
Space and Flight Support............................ 845,000
-----------------
Total, Space Operations............................. 3,885,000
=================
Education:
NASA Space Grant.................................... 30,000
Experimental Program to Stimulate Competitive 9,000
Research...........................................
Minority University Research Education Program...... 32,000
STEM Education and Accountability Projects.......... 35,000
-----------------
Total, Education...................................... 106,000
=================
Safety, Security and Mission Services:................ 2,779,000
=================
Construction and Environmental Compliance and 446,000
Restoration:.........................................
=================
Office of Inspector General:.......................... 34,000
=================
Total, NASA........................................... 17,896,000
------------------------------------------------------------------------
SCIENCE
The Committee recommends $5,193,000,000 for Science, which
is $41,800,000 above fiscal year 2014 and $221,000,000 above
the request.
Education and Public Outreach (EPO).--The recommended level
for the Astrophysics Division includes $30,000,000 for Science
Mission Directorate (SMD)-wide EPO activities, an increase of
$15,000,000 above the request. Although the Committee has
provided these funds in a single budget line, as requested,
NASA shall use its fiscal year 2015 spending plan to
proportionally reallocate these funds among the SMD divisions,
resulting in a dedicated budget line for each division's own
EPO activities. This approach will still permit competition
among projects for the best use of funds but focus that
competition among projects that are more easily compared to one
another and provide better stability for the educational
communities in each major SMD discipline.
Earth Science.--Per direction from the Committee, NOAA will
be analyzing the risk posed to the Joint Polar Satellite System
2 (JPSS-2) budget and schedule by the development of NASA's
Radiation Budget Instrument (RBI), and a decision may
ultimately be made to remove RBI from the JPSS-2 manifest. In
the event that such a decision is made, NASA shall cease
further development work on RBI until providing to the
Committee a report outlining a new strategy (with budget and
schedule estimates) for RBI development and launch.
The recommendation does not include funds requested for the
procurement of the Total Solar Irradiance Sensor 2 (TSIS-2).
The Committee notes that NOAA currently lacks a strategy for
the launch of TSIS-1, and no funds are provided to NOAA for the
development of such a strategy in fiscal year 2015. As a
result, the Committee does not believe it is prudent to invest
in a follow-on instrument at this time.
Planetary Science.--NASA's request for Planetary Science
once again represents a substantial decrease below appropriated
levels and would have a negative impact on both planned and
existing missions. The recommended funding levels attempt to
rectify this problem by supporting both the formulation and
development of new Planetary Science missions and the extension
of all healthy operating missions that continue to generate
good scientific output.
The recommendation provides $170,000,000 for Planetary
Science Research and Analysis; $286,000,000 for New Frontiers,
of which not less than $5,000,000 is for Future New Frontiers
Missions; and $302,000,000 for Mars Exploration, of which not
less than $100,000,000 is for a Mars Rover 2020 that meets
scientific objectives laid out in the most recent Planetary
Science decadal survey.
The recommendation also provides $266,000,000 for
Discovery, of which not less than $30,000,000 is for Future
Discovery Missions. The Committee notes that NASA allowed a
four year gap to develop between the release of the last
Discovery Announcement of Opportunity (AO) in fiscal year 2010
and the expected release of the next AO in fiscal year 2014 (a
gap which would have been worse were it not for additional
resources provided by the Congress). In order to prevent the
recurrence of such a gap in the future and to firmly establish
the 24 month mission cadence recommended by the Planetary
Science decadal survey, NASA shall ensure that the planned 2017
Discovery AO is issued instead during fiscal year 2016. Future
Discovery Mission funds not required for the planning, release
and/or evaluation of Discovery AOs shall be used for
development of instruments through the Stand Alone Missions of
Opportunity program.
For Outer Planets, the recommendation provides
$181,000,000, of which not less than $100,000,000 is for a
Europa Clipper or comparable mission that meets the scientific
objectives laid out in the most recent Planetary Science
decadal survey and can be launched in 2021. This funding shall
support the completion of science definition, the selection of
a mission concept, the release of an instrument AO and other
necessary pre-formulation and formulation activities for the
Europa mission. While NASA has dedicated some fiscal year 2014
Europa funding to studying the possibility of conducting this
mission within a $1,000,000,000 cost cap, the Committee has not
seen any credible evidence that such a cost cap is feasible and
directs NASA not to use further project resources in pursuit of
such an unlikely outcome. Finally, the Committee directs NASA
to evaluate the potential benefits of using the SLS as the
launch vehicle for this mission.
For Planetary Science Technology, the recommendation
provides $155,000,000. Within this amount, $18,000,000 shall be
for assessments and development of promising technologies and
techniques for the study and characterization of the surface
and subsurface of Europa, including such technologies as
landers, rovers, penetrators, submersibles, seismometers and
sample analyzers.
James Webb Space Telescope (JWST).--NASA shall provide
quarterly briefings on JWST's technical status, including the
achievement of program milestones, and budget and schedule
performance. These briefings shall take the place of quarterly
reporting that was instituted in fiscal year 2013.
Astrophysics.--The recommendation for Astrophysics restores
the $5,000,000 unallocated reduction proposed for the Hubble
Space Telescope (HST). NASA shall accommodate the remaining
proposed reduction to HST through the use of carryover balances
in fiscal year 2015 and fully restore these funds in future
years' requests.
The Committee does not accept NASA's request to terminate
support for the Stratospheric Observatory for Infrared
Astronomy (SOFIA), a project that is currently producing good
science and has not been proposed for termination by NASA's
internal or external scientific review boards. Instead, the
recommendation provides $70,000,000 for SOFIA, which should be
sufficient to support the aircraft's fixed costs (flight crews,
required maintenance, etc.) as well as a base level of
scientific observations. NASA shall continue seeking third-
party partners whose additional funding support would restore
SOFIA's budget to its full operational level.
Heliophysics.--The Committee is concerned that the
Heliophysics Explorer program is not receiving the same level
of support from NASA as the comparable Astrophysics program and
will not achieve the mission cadence recommended for
Heliophysics by the scientific community. NASA is urged to
rectify this issue by accelerating funding for Heliophysics
Explorer Future Missions from fiscal year 2017 into fiscal year
2016.
SMD budget justifications.--Last year the National Research
Council (NRC) assessed the responsiveness of NASA's most recent
draft science plan to decadal survey guidance. The Committee
found that many of the NRC's criticisms of the draft science
plan could also be applied to the budget justifications
submitted by SMD. Specifically, the justifications fail to
provide: 1) a clear explanation of how each division's budget
request does or does not support the program plan laid out in
that division's decadal survey (which recommended activities
are included; the balance among missions of different sizes and
targets; and the rate at which new activities are initiated);
2) the decision-making criteria that led NASA to deviate from
decadal survey recommendations, where applicable; and 3) an
assessment of impacts for any deviations from decadal survey
recommendations on the achievement of the science goals of that
survey. NASA shall work with the Committee on a standard format
for including information of this kind in future budget
justifications.
AERONAUTICS
The Committee recommends $666,000,000 for Aeronautics,
which is $100,000,000 above fiscal year 2014 and $114,900,000
above the request.
The Committee remains frustrated by NASA's lack of
budgetary support for the Aeronautics program. More than any
other NASA activity, aeronautics research directly impacts the
lives of taxpayers through technologies that improve the
commercial flying experience and reduce airline costs, leading
to reduced upward pressure on airfares. In addition, advanced
aeronautics research has been a driving factor in the long-term
global dominance of our domestic aviation industry, a rare
bright spot in the American manufacturing economy. If this
dominance is to continue and American firms are to maximize the
enormous economic opportunities presented by projected growth
in global air mobility, NASA should be seeking to increase its
investments in aeronautics research rather than reducing them.
For these reasons, the Committee has rejected NASA's budget
request and provided a substantial increase for the program.
Restructuring.--The recommendation incorporates the
proposed restructuring of the Aeronautics budget into four new
programs: Airspace Operations and Safety, Advanced Air
Vehicles, Integrated Aviation Systems and Transformative
Aeronautics Concepts. NASA shall apply the funds provided above
the request proportionally across these four programs.
SPACE TECHNOLOGY
The Committee recommends $620,000,000 for Space Technology,
which is $44,000,000 above fiscal year 2014 and $85,500,000
below the request.
Program priorities.--The Committee appreciates the efforts
of the Space Technology Mission Directorate (STMD) to
demonstrate more clearly the alignment between its major
technology projects and the needs of its customers in SMD, the
Aeronautics Research Mission Directorate, the Human Exploration
and Operations Mission Directorate and private industry. Within
the levels provided, the Committee believes that STMD should
prioritize funds toward those technologies that have the
broadest applicability across the STMD customer base,
especially supersonic and hypersonic decelerators for improved
entry, descent and landing capabilities; solar electric
propulsion for increased efficiency in the transportation of
space-borne objects; laser and optical communications for
reduced spectrum usage and increased data return capabilities;
and the deep space atomic clock for more accurate deep space
navigation.
Technology roadmaps.--In the event that NASA updates or
otherwise revises its current space technology roadmaps, the
modified roadmaps shall be submitted to the same external
evaluation and prioritization process as the original
documents.
Regional university consortia.--The Committee encourages
NASA to use regional university consortia to research, develop
and demonstrate advanced technologies that are consistent with
STMD's technology roadmaps and priorities.
EXPLORATION
The Committee recommends $4,167,000,000 for Exploration,
which is $53,800,000 above fiscal year 2014 and $191,000,000
above the request.
Space Launch System.--The Committee has repeatedly
expressed frustration with NASA's practices of requesting
arbitrarily reduced funding levels for SLS and insisting that
the program manage to an inefficient flat-line budget profile.
The detrimental results of these practices are evident in the
fiscal year 2015 request, which acknowledges that reduced SLS
funding levels will lead to a launch delay for Exploration
Mission-1 (EM-1) while also requiring the deferral of long-lead
work needed for the timely achievement of EM-2 and other future
flights.
Knowing that NASA's requests for the program have
unacceptable consequences, the Committee has previously looked
to the SLS Independent Cost Assessment (ICA) for an objective
and realistic benchmark for SLS funding needs. The utility of
the ICA, however, has decreased each year as its estimates age,
and the Committee has long anticipated the completion of a
confirmed budget baseline to provide a stable, more up-to-date
program plan to guide future appropriations. Unfortunately, the
baseline being prepared by NASA suffers from the same problems
as the annual budget request: it assumes a fixed, artificially
low fiscal year 2015 level; imposes a flat profile on outyear
estimates; and fails to adequately capture needs for activities
in support of SLS beyond EM-1. In light of the aging ICA and an
unreliable baseline, the Committee has chosen to maintain SLS
vehicle development funding at the fiscal year 2014 enacted
level.
The Committee continues to urge NASA to allocate funds to
elements like Advanced Booster Engineering Development and Risk
Reduction, engine development and/or upper stage development,
all of which are required for the program to progress beyond
the initial SLS configuration. In addition, the Committee
directs that, to the maximum extent possible, NASA should
ensure that all vehicle development funding leverages existing
investments; promotes efficiency through commonality of design
and simultaneous development; and minimizes the need for
redesigns or other costly changes affecting future SLS vehicle
configurations.
To give the Committee more insight into the level of effort
being dedicated to each component of the SLS, NASA shall
continue submitting quarterly reports on SLS spending by major
program element, as first required in the statement
accompanying Public Law 112-55. The Committee also anticipates
the submission of NASA's report on other potential uses of the
130 metric ton SLS configuration, as directed in fiscal year
2014. The Committee hopes that the range of such possible uses
will enable a substantially better SLS launch tempo than
currently projected by NASA.
Orion MPCV.--The recommended level for the Orion MPCV will
keep the vehicle on track for the Exploration Flight Test-1
later this year, as well as the first test flight integrated
with SLS in 2017 and the first crewed test flight in 2021.
Commercial crew.--The Committee has provided NASA with
substantial resources for the commercial crew program (CCP).
CCP appropriations have often exceeded the program's authorized
levels and have increased in each of the last four fiscal years
despite declining topline spending levels, sequestration and
previously expressed concerns about the effective management of
Federal investments in the program.
The Committee's fiscal year 2015 recommendation provides
$785,000,000 for the CCP, an increase of $89,000,000 above
fiscal year 2014. These funds shall support one industry
partner's advancement through the Commercial Crew
Transportation Capability (CCtCap) process. The Committee
believes that this recommendation strikes the appropriate
balance between support for the program's underlying goal and
caution against management approaches that many in the Congress
do not endorse. Consistent with prior direction, NASA shall
take all steps necessary to incentivize further private
investment in the program, including, to the maximum extent
possible, taking the industry partners' level of proposed
private investment into account as a selection criterion for
CCtCap.
Finally, each CCtCap proposer has now provided NASA with
the flight price that would be charged if that proposer
ultimately were to conduct missions to the International Space
Station (ISS). Those prices will determine how much, if any,
savings the CCP will generate compared to Soyuz transportation
prices. While this information is currently subject to the
CCtCap procurement blackout, NASA shall brief the Committee on
expected flight pricing as soon as the blackout period is
concluded.
Exploration Research and Development (R&D).--Within the
amounts provided for Exploration R&D, no less than $20,000,000
shall be used in support of future lunar mission activities.
These activities shall include discussions with international
and commercial partners on potential joint lunar activities; a
study of the technical, budgetary and schedule requirements for
a future manned lunar mission; and public-private partnerships
to develop lunar transportation and landing technologies. All
public-private partnerships conducted with these funds shall
require the private partner to contribute a substantial portion
of shared costs.
SPACE OPERATIONS
The Committee recommends $3,885,000,000 for Space
Operations, which is $107,000,000 above fiscal year 2014 and
$20,400,000 below the request.
ISS operations.--The Committee remains concerned that
annual ISS operations costs are too high, particularly in light
of NASA's proposal to extend the life of the Station through
2024. In order for the Station to remain a sustainable long-
term program, NASA must continue to seek and implement cost
savings measures with the goal of reducing the ISS operations
budget or, at a minimum, slowing the growth in such budget.
With respect to fiscal year 2015 ISS funding, all
reductions from the request level shall be implemented in the
operations budget rather than ISS research or crew and cargo
transportation.
ISS research.--NASA's budget request continues to allocate
insufficient funding and effort to ISS research. The apparent
increase in the request for research funding is only due to the
transfer of in-space robotic servicing work from the ISS
operations budget, and nearly 60 percent of total research
resources are dedicated to logistical support rather than
research activities. The Committee believes that this imbalance
must be addressed, with a greater share of research funding
going to actual physical and biological science research, and
directs NASA to develop a strategy for accomplishing this goal
over the next five fiscal years. This strategy shall be
provided no later than 120 days after the enactment of this
Act.
With respect to in-space robotic servicing, the Committee
notes that the Defense Advanced Research Projects Agency is
also investing in technologies to repair and/or refuel
satellites on-orbit and cautions NASA to minimize any
duplication of effort between the two agencies' activities.
EDUCATION
The Committee recommends $106,000,000 for Education, which
is $10,600,000 below fiscal year 2014 and $17,100,000 above the
request.
National Space Grant College and Fellowship Program.--
Fiscal year 2014 marked the last year of funding for the most
recent five-year cycle of Space Grant awards, and the selection
of consortia for the next five-year cycle is not expected until
late in fiscal year 2015. Without knowing the amounts needed to
fully fund a year's worth of base awards in the new cycle, the
Committee has relied on costs from prior years to estimate an
annual Space Grant requirement of $30,000,000.
The Committee is concerned about the potential for a gap to
develop between the end of activities for the current Space
Grant cycle and the awarding of funds for the beginning of the
next cycle. NASA shall take all necessary steps to avoid such a
gap, including a possible short-term extension of current
awards or the awarding of new single year awards while the five
year award solicitation is being processed. When new awards are
made, NASA shall give consideration to each applicant's
demonstrated record of achievement in STEM education activities
and to the alignment of each applicant's proposal with the
priorities contained in the government-wide STEM education
strategic plan.
STEM Education and Accountability Projects (SEAP).--NASA's
budget justification contains very little specific information
about the proposed content of the SEAP budget line. Prior to
the obligation of any SEAP funding, NASA shall brief the
Committee on the intended distribution of SEAP resources to
individual activities; how that distribution compares to the
fiscal year 2014 distribution of SEAP funding; and how that
distribution supports the priorities contained in the
government-wide STEM education strategic plan.
Youth service organizations.--The Committee notes that NASA
has worked in partnership with youth service organizations,
including those with a nationwide footprint, to engage K-12
students in STEM-related activities and to help encourage those
students to pursue future STEM-related studies and careers.
These efforts are an effective way to help build the strong
STEM workforce needed to ensure a globally competitive U.S.
economy. NASA is directed to continue the agency's K-12 STEM
education efforts with youth service organizations and to
report to the Committee on these efforts no later than 90 days
after the enactment of this Act. In addition, the Committee
urges NASA to leverage its extensive partnerships with the
private sector to further promote STEM learning and STEM
activities for young people.
SAFETY, SECURITY AND MISSION SERVICES
The Committee recommends $2,779,000,000 for Safety,
Security and Mission Services (SSMS), which is $14,000,000
below fiscal year 2014 and $400,000 above the request.
Use of Space Act Agreements (SAAs).--The Committee
anticipates the receipt of an ongoing Office of Inspector
General (OIG) assessment of NASA's use of SAAs and a report
from NASA regarding the feasibility of including in an online
SAA database the estimated value of NASA's contributions
associated with unfunded agreements. Upon review of both of
these documents, the Committee may recommend additional changes
in NASA's management policies regarding SAA usage.
Security.--The Committee was deeply concerned by recent
findings of the NASA OIG regarding the occurrence of security
violations and a lack of accountability for those violations at
the Langley and Ames Research Centers, as well as findings of
the National Academy of Public Administration (NAPA) regarding
problems and vulnerabilities in NASA's agency-wide security
controls and practices. Proper security compliance requires
effective and comprehensive policies, strong enforcement
mechanisms, and sustained leadership attention, and NAPA made
recommendations to NASA for improvement in each of these areas.
The Committee expects NASA to work expeditiously to
implement these and all other NAPA recommendations. In addition
to carrying out NAPA's recommendations, the Committee also
directs NASA to enter into an arrangement with the Department
of Justice to bring FBI counterintelligence (CI) agents to work
on-site at all major NASA installations.
To enable work on security-related improvements, the SSMS
recommendation includes the requested level for information
technology security activities, as well as $5,000,000 for the
revision of NASA's export control training materials; the
hiring of additional NASA CI personnel; improvements in
identity management and credentialing business processes; and
the further development, implementation and staffing of NASA's
Foreign National Access Management Program. The Committee
believes these resources should allow NASA to accelerate its
proposed timeline for completion of its corrective action plan
so that as many changes as possible are in place by the end of
fiscal year 2015.
In order to permit the Committee to effectively track
NASA's implementation of these and all other recommendations
made by NAPA (as well as any new or additional steps directed
by the Congress or taken at the initiative of agency
management), NASA shall continue submitting the quarterly
reports first directed in fiscal year 2014. In addition, NASA
should support a formal update by NAPA on the agency's progress
in implementing its corrective actions, with the update process
to begin no later than the end of fiscal year 2015.
Leasing arrangements.--The Committee remains disappointed
that prior action (and inaction) by NASA resulted in leasing
arrangements at the Ames Research Center that lacked
transparency, gave the appearance of favoritism in agency
decision making, and permitted a lessee to receive financial
benefits to which it was not entitled. These negative outcomes
can be avoided in the future through the rigorous and
consistent application of existing legal, regulatory and policy
requirements regarding competition and cost recovery in leasing
arrangements, and the Committee expects NASA to ensure that all
such future arrangements follow those requirements. In
addition, NASA shall take any possible steps to ensure that
previous underpayments for aircraft fuel at Ames are rectified
and repaid to the appropriate parties in a timely manner.
Technical Capabilities Assessment Team (TCAT).--NASA is
engaged in a technical capabilities assessment with the goal of
increasing the efficiency of the agency's operations while
maintaining capabilities necessary for the achievement of
current and future missions. As the outcomes of this process
may result in significant investment or divestment decisions
affecting the agency's facilities, equipment and workforce,
NASA is directed to provide to the Committee quarterly
briefings on TCAT progress and outcomes.
Control of mobile devices.--The Committee is concerned by
the NASA OIG report, NASA's Management of Its Tablets,
Smartphones and Other Mobile Devices, which found that NASA
does not have an accurate inventory of agency-issued mobile
devices and has not sufficiently mitigated security
vulnerabilities that arise from the widespread use of mobile
devices for official business. NASA shall provide to the
Committee an update on its implementation of the corrective
actions outlined in the agency's response to this OIG report
every six months until those corrective actions are completed.
Premium air travel.--Several recent media reports have
called into question NASA's use and oversight of premium air
travel. Among the issues cited in these reports are errors or
omissions in required oversight reporting; unclear
justifications for the use of premium tickets in certain
instances; and the rate at which NASA appears to authorize
premium travel relative to other agencies. NASA shall take all
necessary steps to promptly rectify any problems in its Premium
Class Travel Reports over the past five fiscal years and
provide corrected information to the General Services
Administration and the Committee as soon as possible. In
addition, NASA shall report to the Committee on steps it has
taken to reduce the use of premium travel (including travel
that would be deemed permissible by Federal travel regulations)
in fiscal year 2014 and future years. That report shall be
provided no later than 90 days after the enactment of this Act.
Working Capital Fund (WCF) reporting.--NASA shall continue
to submit quarterly reports to the Committee on the
expenditures and unobligated balances of NASA's WCF, as first
required in the statement accompanying Public Law 112-55.
Historically Underutilized Business (HUB) Zones.--NASA
shall report to the Committee on its progress in meeting
procurement goals under the HUBZone program over the past five
years. This report shall be submitted no later than 120 days
after the enactment of this Act.
Independent Verification and Validation (IV&V).--In order
to ensure that all necessary work continues to be performed
despite a smaller dedicated IV&V budget in fiscal year 2015,
NASA shall fund any IV&V shortfall from within the mission
directorates that make use of IV&V services.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee recommends $446,000,000 for Construction and
Environmental Compliance and Restoration, which is $69,000,000
below fiscal year 2014 and $100,000 below the request.
Programmatic Construction of Facilities (CoF).--The
recommended level includes $52,300,000 for Exploration CoF and
$18,600,000 for Space Operations CoF.
Measurements Sciences Laboratory (MSL).--The Committee
supports NASA's plan to construct an MSL complex to replace
aging agency facilities. The new MSL will provide modern,
efficient lab facilities; reduce maintenance requirements; and
positively impact NASA's infrastructure current replacement
value. NASA is urged to ensure that sufficient funding to
commence MSL construction is included in its fiscal year 2016
request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $34,000,000 for the OIG, which is
$3,500,000 below fiscal year 2014 and $3,000,000 below the
request.
The Committee notes that several significant management
issues at NASA were recently brought to the Committee's
attention. These issues include weaknesses in NASA's security
controls and practices, which were discovered through
whistleblower contact with Congress, and compliance problems
with oversight requirements on premium air travel, which were
uncovered through media reporting. These are the types of
issues that the OIG should be proactively pursuing. The
Committee urges the OIG to take the necessary steps to ensure
that it is vigorously filling its oversight role and providing
accountability for problems in NASA's programs and operations.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER 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.
(TRANSFER OF FUNDS)
The bill includes a provision that allows the transfer of
balances under a previous appropriations account structure to
the new appropriations account structure.
National Science Foundation
The Committee recommends $7,404,205,000 for the National
Science Foundation (NSF), which is $232,287,000 above fiscal
year 2014 and $149,205,000 above the request.
RESEARCH AND RELATED ACTIVITIES
The Committee recommends $5,973,645,000 for Research and
Related Activities (R&RA), which is $164,727,000 above fiscal
year 2014 and $166,185,000 above the request.
Program changes.--Unless otherwise noted elsewhere in this
statement, the recommendation incorporates all program
reductions and consolidations proposed in the R&RA budget
request. Any increases provided above the request and not
otherwise specified below shall be applied to math and physical
sciences; computer and information science and engineering;
engineering; and biological sciences.
Neuroscience.--NSF is uniquely positioned to advance the
nonmedical aspects of cognitive science and neuroscience,
particularly through interdisciplinary science, computational
models, visualization techniques, innovative technologies and
the underlying data and data infrastructure needed to transform
our understanding of these areas. The Committee encourages NSF
to continue working in conjunction with the IWGN as well as the
Brain Research through Advancing Innovative Neurotechnologies
(BRAIN) initiative to accelerate understanding of how the brain
functions. The recommendation provides an increase of
$21,150,000 for research related to the BRAIN initiative and
cognitive science and neuroscience research.
Within the amount provided for NSF, funds are also included
to support an international conference on neuroscience. This
conference should convene government representatives,
neuroscience researchers, private entities, non-profit
institutions and others to share research and foster
collaboration around neuroscience-related activities. The
Committee urges NSF to report to the Committee on the results
of such conference.
Advanced manufacturing.--The recommendation includes the
fiscal year 2014 current plan level for advanced manufacturing.
Future economic prosperity in the United States will depend
largely on our ability to develop and manufacture new products
based on advanced technologies, both for the domestic market
and for export. Basic research supported through NSF and other
Federal science agencies is critical to this effort because it
will help provide the foundation for the development of such
new products and technologies by the private sector.
Lyme disease.--NSF has previously supported a variety of
research intended to learn more about the prevalence of Lyme
and other tick-borne diseases. The Committee encourages NSF to
continue these efforts by funding meritorious Lyme disease
research proposals that fully meet NSF's peer review standards.
Experimental Program to Stimulate Competitive Research
(EPSCoR).--The Committee's recommendation includes the
requested level for EPSCoR. NSF shall report to the Committee
on the steps it has taken to address all recommendations
resulting from EPSCoR program evaluations conducted by the
National Academy of Sciences and the Science and Technology
Policy Institute. This report shall be provided no later than
120 days after the enactment of this Act.
Replication of scientific research.--The Committee concurs
in the view that the gold standard of good science is the
ability of a research lab to reproduce a method and finding,
and shares the growing concern that a significant amount of
recent research cannot be easily reproduced. The Committee is
therefore pleased that NSF recently convened a comprehensive
workshop on ``Robust Research,'' which included representatives
of NSF, NIH, OSTP and non-governmental scientific organizations
and individual experts, to discuss the magnitude of the issue
of replicability and to explore solutions to promote rigor and
transparency in research. NSF shall provide the Committee with
recommendations to address the problem of replication and a
description of how NSF will support research on practices that
improve research methods, increase research transparency and
allow for increased scientific replicability.
Innovation Corps.--The Committee commends NSF's Innovation
Corps for its work in supporting entrepreneurship and
commercialization of technologies produced by NSF grantees. The
Committee encourages NSF to work with other Federal agencies to
enable researchers funded by those agencies to be eligible to
participate in the Innovation Corps.
STEM education indicators.--The Committee expects that
funding provided for the National Center for Science and
Engineering Statistics will fully support NSF's efforts to
collect, analyze and disseminate data for the 14 indicators
identified in the NRC's Monitoring Progress Toward Successful
K-12 STEM Education report.
Astronomical Sciences Portfolio Review.--NSF shall not
implement any final divestment of infrastructure tied to the
findings of its 2012 Astronomical Sciences Portfolio Review
without first reporting such actions to the Committee and
ensuring that they are carried out in accordance with any
relevant reprogramming requirements.
Intergovernmental Personnel Act (IPA) costs.--The Committee
remains concerned about the rising costs of NSF's reliance on
employees hired through the IPA. While these individuals bring
value to the agency, they also cost significantly more than
civil servants both in terms of absolute dollars and the rate
of cost growth. NSF should be able to better control these
costs through more aggressive negotiations with IPA employees'
home institutions, the imposition of cost sharing requirements
and other means. To incentivize NSF to continue pursuing these
cost savings opportunities, the recommendation permits NSF to
continue hiring IPAs but does not provide the requested
increases for IPA compensation, per diem, lost consultant fees
and travel.
High performance computing.--NSF shall provide to the
Committee the agency's plan for maintaining and modernizing its
big data and high performance computing infrastructure,
including related software and applications, to support all
areas of scientific research and education. This plan, which
should be provided no later than 120 days after the enactment
of this Act, shall include a focus area on transitioning
relevant research to operations.
Minority Postdoctoral Research Fellowships (MPRF).--NSF
funds a variety of MPRF programs across R&RA, including
dedicated funding streams/solicitations and focus areas within
larger programs. The Committee is concerned about the frequency
with which the structure and management of these programs has
changed, as well as the possible existence and implications of
inconsistency in the agency's management approach across
programs. NSF shall provide a report to the Committee listing
all agency programs that fund minority postdoctoral
fellowships, either exclusively or as a discrete focus area;
identifying any differences in program management,
implementation and evaluation across programs; and discussing
possible opportunities to increase stability and consistency
across programs through changes in funding and management
strategies. This report shall be provided no later than 120
days after the enactment of this Act.
International Ocean Discovery Program (IODP).--The
recommendation provides the requested level for IODP.
Social, Behavioral and Economic (SBE) sciences.--
Longstanding congressional concerns persist about the merit of
activities funded through NSF's SBE Directorate. In order to
address these concerns, NSF must ensure that SBE awards are
consistent with NSF's scientific quality standards and aligned
to national interests. The Committee recognizes the intrinsic
value in SBE sciences and the direct responsiveness of SBE
activities to Committee priorities, including studies on the
effects of youth exposure to media violence and the collection
of data for STEM education indicators.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends $200,760,000 for Major Research
Equipment and Facilities Construction, which is $760,000 above
fiscal year 2014 and the same as the request.
EDUCATION AND HUMAN RESOURCES
The Committee recommends $876,000,000 for Education and
Human Resources (EHR), which is $29,500,000 above fiscal year
2014 and $13,750,000 below the request.
Program changes.--Unless otherwise noted elsewhere in this
statement, the recommendation incorporates all program
reductions and consolidations proposed in the EHR budget
request.
Advanced Technological Education (ATE).--The recommendation
provides no less than $66,000,000 for ATE.
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 $32,000,000 for the
Historically Black Colleges and Universities Undergraduate
Program, $46,000,000 for the Louis Stokes Alliance for Minority
Participation and $13,500,000 for the Tribal Colleges and
Universities Program.
The America COMPETES Act of 2010 directed NSF to establish
a new program for Hispanic Serving Institutions (HSIs). NSF has
outlined a number of technical challenges with implementing an
HSI-specific program and instead expressed a preference for
targeting opportunities to HSIs within existing programs,
including ATE, Improving Undergraduate STEM Education, the
Robert Noyce Teacher Scholarship Program and the Scholarships
in STEM program. The Committee accepts this approach for fiscal
year 2015 with the understanding that such targeted
opportunities cumulatively will constitute a $30,000,000
investment. NSF shall report to the Committee on the
distribution of HSI targeted opportunities across programs and
demonstrate a $30,000,000 investment no later than September
30, 2015.
Best Practices in K-12 STEM education.--The Committee
appreciates the efforts NSF has made to broadly disseminate the
findings of the NRC's 2011 report, Successful K-12 STEM
Education: Identifying Effective Approaches in Science,
Technology, Engineering and Mathematics, and encourages NSF to
continue those efforts in fiscal year 2015.
One-stop STEM education dissemination.--The Federal
government has funded and produced a wealth of valuable STEM
education materials, but the impact of these materials is
limited by their inconsistent and uneven dispersal across a
variety of platforms. For this reason, the Committee has long
advocated the creation of a comprehensive online source where
such materials would be curated and made easily available in a
useful form to a broad set of communities, including academic
researchers, policymakers, educational practitioners and
parents.
Consequently, the Committee directs NSF (in partnership
with fellow members of the Federal Committee on STEM Education
and in consultation with experts in the private sector, State
and local governments and nonprofit organizations) to establish
such a source, or set of linked sources, and to use funds
provided in this account for any costs associated with this
effort.
While this will be a multiyear project, NSF shall begin
with the creation and launch of a pilot website in fiscal year
2015. The pilot site shall cover a defined subset of NSF-funded
materials; take into consideration current research on how
people search for and use information online; be consistent
with current and anticipated government-wide directives on
public access to federally funded research materials; and, to
the greatest extent possible, build on existing infrastructure.
In addition, NSF shall ensure that the operations of the pilot
site are monitored and evaluated in fiscal year 2015 so that
lessons learned can be incorporated into the expansion of the
pilot to cover all NSF-funded materials and other agencies'
materials in fiscal year 2016 and future years. NSF shall
report to the Committee on the effectiveness of the pilot and
recommendations for next steps no later than October 1, 2015.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The Committee recommends $335,000,000 for Agency Operations
and Award Management, which is $37,000,000 above fiscal year
2014 and $3,230,000 below the request.
Headquarters.--The recommendation provides up to
$30,370,000 for acquisition, occupancy and related costs
associated with NSF's new headquarters, including $3,000,000
for project management.
Grant management.--NSF is directed to fund grant management
activities, including post award monitoring, at no less than
the fiscal year 2014 current plan level.
Research-specific inflation factors.--Several other Federal
agencies calculate research-specific inflation factors in order
to monitor changes in their year-to-year research purchasing
power. The Committee believes such a metric would be useful for
evaluating NSF's annual budget request (which was below the
general inflation rate for fiscal year 2015) and directs NSF to
examine options for including such a factor with its fiscal
year 2016 request. Those options should include both the
calculation of an NSF research inflation factor or the adoption
of an appropriate research inflation factor currently
calculated and used by another Federal agency.
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommends $4,370,000 for the National
Science Board, which is $70,000 above fiscal year 2014 and the
same as the request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $14,430,000 for the OIG, which is
$230,000 above fiscal year 2014 and the same as the request.
Management of large cooperative agreements.--The Committee
remains interested in the OIG's efforts to reach consensus with
NSF on the accountability and cost surveillance measures most
appropriate for the management of large cooperative agreements.
OIG shall keep the Committee apprised of any changes agreed to
or agreements reached with NSF on this topic throughout the
fiscal year.
ADMINISTRATIVE PROVISION
The bill includes a provision that establishes thresholds
for the transfer of funds.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The Committee recommends $9,000,000 for the Commission on
Civil Rights, which is the same as fiscal year 2014 and
$400,000 below the request.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The Committee recommends $364,000,000 for the Equal
Employment Opportunity Commission (EEOC), which is the same as
fiscal year 2014 and $1,531,000 below the request. The
recommendation includes language making up to $29,500,000
available for payments to State and local enforcement agencies.
Backlog reduction.--The Committee is pleased with EEOC's
progress in reducing the backlog of private sector charges. The
Committee expects the EEOC to continue to prioritize inventory
reduction and to examine new ways to address the backlog and
increase productivity. EEOC shall continue to provide quarterly
reports on the backlog, to include data on the number and
pendency of charges and on any changes to EEOC's priority
charge handling procedures and the effect of such changes on
inventory reduction.
Conciliation.--The Committee is concerned with the EEOC's
pursuit of litigation absent good faith conciliation efforts.
The Committee directs the EEOC to engage in such efforts before
undertaking litigation and to report, no later than 90 days
after enactment of this Act, on how it ensures that
conciliation efforts are pursued in good faith.
International Trade Commission
SALARIES AND EXPENSES
The Committee recommends $84,500,000 for the International
Trade Commission (ITC), which is $1,500,000 above fiscal year
2014 and $1,959,000 below the request.
Internal controls.--The Committee is pleased with ITC's
progress in addressing internal control issues identified in
audits. However, ITC must continue to take aggressive action to
address any remaining shortcomings.
Cybersecurity.--ITC handles sensitive and proprietary data
and therefore is a potential target for cyber attacks. The
Committee expects ITC to prioritize efforts to improve its
cybersecurity posture. The Committee also encourages ITC to
work with other relevant Federal agencies to inform its
actions.
Bilateral Investment Treaty.--Should a Bilateral Investment
Treaty with China be proposed, the ITC shall report to the
Committee on how its implementation would help increase
production by U.S.-invested enterprises in China to serve the
U.S. market. In preparing this information, the ITC shall
identify the impact that a treaty will have on the current
estimate that 60 percent of Chinese exports to the U.S. are
produced by foreign-invested enterprises operating in China. In
addition, the ITC shall provide information on the extent to
which the treaty would allow Chinese investors to seek redress
for U.S. government legal, regulatory or other measures that
they claim reduce the value of their investments in the United
States.
Section 337.--The ITC has taken steps to address the
growing strain on its resources caused by the increasing
caseload of section 337 investigations, some of which are filed
by patent assertion entities. The Committee directs ITC to
provide a report, no later than 90 days after enactment of this
Act, examining the feasibility of narrowing the ITC's existing
interpretation of licensing activity to include only licensing
that leads to the adoption and development of articles.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The Committee recommends $350,000,000 for the Legal
Services Corporation (LSC), which is $15,000,000 below fiscal
year 2014 and $80,000,000 below the request.
Pro bono legal services.--The recommendation includes
$3,000,000 for the pro bono innovation fund, an increase of
$500,000 above fiscal year 2014 and $1,900,000 below the
request. Obtaining more services at no or low cost through
private attorney involvement is one means for LSC to increase
legal aid services. The Committee is pleased that LSC launched
a pro bono task force in 2011, which released its findings and
recommendations in October 2012. The Committee directs LSC to
implement the recommendations of this task force and continue
to work with LSC-funded programs to increase the involvement of
private attorneys in the delivery of legal services to its
clients. LSC shall continue to report to the Committee annually
on its progress in this area, including the number of Americans
served by pro bono services as part of LSC's efforts.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The bill continues restrictions on the uses of LSC funding.
None of the funds appropriated in this Act to the LSC shall be
expended for any purpose prohibited or limited by, or contrary
to any of the provisions of, sections 501, 502, 503, 504, 505,
and 506 of Public Law 105-119, and all funds appropriated in
this Act to the LSC shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2014 and 2015, respectively.
Unauthorized uses of funds.--The Inspector General (IG) of
the LSC is encouraged to conduct annual audits of LSC grantees
to ensure that funds are not used in contravention of the
restrictions on engaging in political activities or any of the
other restrictions by which LSC grantees are required to abide.
The Committee recommends the removal of funds from any LSC
grantee determined by the IG to have engaged in unauthorized
political activity.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee recommends $3,250,000 for the Marine Mammal
Commission, which is the same as fiscal year 2014 and $181,000
below the request.
Office of the United States Trade Representative
SALARIES AND EXPENSES
The Committee recommends $53,500,000 for the Office of the
U.S. Trade Representative (USTR), which is $899,000 above
fiscal year 2014 and $2,670,000 below the request.
Database of trade agreements.--A February 11, 2014 GAO
report, United States Has Secured Commitments in Key Bilateral
Dialogues, but U.S. Agency Reporting on Status Should Be
Improved, found that USTR did not comprehensively track the
status of compliance with past agreements before entering into
subsequent agreements. USTR should develop a comprehensive
system to track such status of compliance and shall report on
the data annually, with the first such report to be submitted
no later than 180 days after enactment of this Act.
Negotiating objectives.--The USTR shall prepare a report,
no later than 60 days after enactment of this Act, on the
extent to which negotiating objectives in the Trade Promotion
Act of 2002 were achieved in agreements subject to its
provisions. The USTR shall provide specific information for
each agreement negotiated subject to such authority on the
extent to which each agreement's negotiating objective was met.
Level of enforcement efforts.--The Committee directs USTR
to prepare a report quantifying its level of effort for trade
enforcement activities. This should include an estimate of
staff time spent on enforcement activities and negotiating
efforts. USTR shall provide this report no later than 90 days
after enactment of this Act. Additionally, USTR shall include
information in this report on existing enforcement activities
and how, within potentially constrained future budgets, it will
ensure that existing and expected trade agreements will be
enforced.
China.--The Committee expects that USTR will coordinate and
implement a comprehensive and vigorous strategy to address the
United States' trade imbalance with China. Within the amounts
provided, the USTR is encouraged to maintain staff who can
translate Chinese language trade documents. The Committee
believes that USTR should have its own translators on staff
given the challenges associated with enforcing existing U.S.
trade laws with China.
Free trade agreements.--The Committee directs USTR to
continue to pursue free trade agreements with additional
countries and trading blocs to continue advancing trade to and
from the United States.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $5,121,000 for the State Justice
Institute, which is $221,000 above fiscal year 2014 and the
same as the request.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law, or for
contracts to provide training for agency employees to engage in
such activities.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employees; (5) reorganizes or renames offices, programs or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds. For the
Department of Justice, the notification requirement is 45 days
in advance.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract made with funds
made available in this Act. The section further provides that
to the extent practicable, with respect to purchases of
promotional items, funds made available under this Act shall be
used to purchase items manufactured, produced or assembled in
the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 limits the obligation of receipts deposited
into the Crime Victims Fund at $770,000,000 during fiscal year
2015, an increase of $25,000,000 above the fiscal year 2014
level of obligations. This language is continued to ensure that
a stable level of funds will remain available for the program,
despite inconsistent levels of fines deposited annually into
the Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds made available
in this Act to any department, agency or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this Act or any other
appropriations Act.
Section 513 provides that funds provided in this Act for E-
Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
Section 514 requires certain timetables and procedures for
specified audits performed by Inspectors General of the
departments and agencies funded in this Act and sets limits and
restrictions on the awarding and use of grants or contracts
funded by amounts appropriated by this Act.
Section 515 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 515 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 516 prohibits the use of funds made available in
this Act to support or justify the use of torture by any
official or contract employee of the United States Government.
Section 517 permanently prohibits the use of funds to
require certain export licenses.
Section 518 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 519 prohibits the use of funds made available in
this Act to include certain language in trade agreements.
Section 520 prohibits the use of funds made available in
this Act to authorize or issue a national security letter (NSL)
in contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 521 requires congressional notification regarding
any project within the Departments of Commerce or Justice, or
the National Science Foundation and the National Aeronautics
and Space Administration totaling more than $75,000,000 that
has cost increases of at least 10 percent.
Section 522 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2015 until the enactment of the Intelligence Authorization Act
for fiscal year 2015.
Section 523 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
(RESCISSIONS)
Section 524 provides for rescissions of unobligated
balances in the Departments of Commerce and Justice.
Section 525 prohibits the use of funds made available in
this Act for the purchase of first class or premium air travel
in contravention of certain Federal travel regulations.
Section 526 prohibits the use of funds made available in
this Act to pay for the attendance of more than 50 department
or agency employees at any single conference outside the United
States, unless the conference is a law enforcement training or
operational event where the majority of Federal attendees are
law enforcement personnel stationed outside the United States.
Section 527 prohibits the use of funds made available in
this Act in a manner that is inconsistent with the principal
negotiating objective of the United States with respect to
trade remedy laws.
Section 528 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to or
within the United States, its territories or possessions.
Section 529 prohibits the use of funds in this or any other
Act to construct, acquire or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at United
States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or control of the
Department of Defense.
Section 530 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 531 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 532 prohibits the use of funds made available in
this Act by the National Aeronautics and Space Administration
(NASA) or the Office of Science and Technology Policy (OSTP) to
engage in bilateral activities with China or a Chinese-owned
company unless the activities are authorized by subsequent
legislation or NASA or OSTP have made a certification pursuant
to subsections (c) and (d) of this section.
Section 533 prohibits funds made available by this Act from
being used to deny the importation of shotgun models if no
application for the importation of such models, in the same
configuration, had been denied prior to January 1, 2011, on the
basis that the shotgun was not particularly suitable for or
readily adaptable to sporting purposes.
Section 534 prohibits the use of funds made available in
this Act to establish or maintain a computer network that does
not block pornography, except for law enforcement purposes.
Section 535 requires the Departments of Commerce and
Justice, the National Aeronautics and Space Administration and
the National Science Foundation to submit spending plans.
Section 536 prohibits funds made available by this Act from
being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months.
Section 537 prohibits funds made available by this Act from
being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability.
Section 538 prohibits funds made available by this Act to
implement the Arms Trade Treaty until the Senate approves a
resolution of ratification.
Section 539 prohibits funds from being used to require a
person licensed under section 923 of title 18, United States
Code, to report information to the Department of Justice
regarding the sale of multiple rifles or shotguns to the same
person.
SPENDING REDUCTION ACCOUNT
Section 540 establishes a Spending Reduction Account, as
required by section 3(d) of H. Res. 5 (113th Congress).
House of Representatives Reporting Requirements
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
Full Committee Votes
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Department of Commerce:
Departmental Management, Franchise Fund........... $2,906,000
Department of Justice:
Working Capital Fund.............................. 54,000,000
Assets Forfeiture Fund............................ 193,000,000
U.S. Marshals Service, Federal Prisoner Detention. 122,000,000
State and Local Law Enforcement Activities:
Office on Violence Against Women, Violence 12,200,000
Against Women Prevention and Prosecution
Programs.....................................
Office of Justice Programs.................... 59,000,000
Community Oriented Policing Services.......... 26,000,000
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 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, and the Federal
Employees Group Life Insurance 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.
In title II, under General Administration, Administrative
Review and Appeals, language is included to transfer funds to
the Executive Office for Immigration Review from fees deposited
in the Immigration Examinations Fee account.
Under United States Marshals Service, Federal Prisoner
Detention, language is included transferring available
unobligated balances from General Administration, Detention
Trustee to this account.
Under Federal Prison System, Salaries and Expenses,
language is included to allow the transfer of funds to the
Health Resources and Services Administration.
In title III, under National Aeronautics and Space
Administration, Administrative Provisions, language is included
to allow unexpired balances of a previous account to be
transferred to the new account established in this Act funding
the same activities.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee notes that the
accompanying bill does not propose to repeal or amend a statute
or part thereof.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
Language is included for a number of accounts placing
limitations on representation and reception allowances in order
to reduce the amount of money that would otherwise be spent on
these activities. The bill also provides that a number of
appropriations shall remain available for obligation beyond the
current fiscal year. While these provisions are not
specifically authorized for all of the items, it is deemed
desirable to include such language for certain programs in
order to provide for orderly administration and effective use
of funds.
In title I, Department of Commerce, under International
Trade Administration, Operations and Administration, language
is included providing that funds may be used for engaging in
trade promotion activities abroad, including expenses of grants
and cooperative agreements for the purposes of promoting
exports of U.S. firms. Language is also provided allowing for
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration; employment
of Americans and aliens by contract for services; rental of
space abroad and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; and payment of tort
claims. In addition, language is included regarding official
representation expenses abroad, purchase of passenger motor
vehicles for official use abroad, obtaining insurance on
official motor vehicles, and rental of tie lines. Language is
also recommended deriving a portion of available funds from
fees. Furthermore, language is included designating funding for
China antidumping and countervailing duty enforcement and
compliance activities. Moreover, language is included providing
for two-year availability of funds. Finally, language is
included regarding the contributions under the Mutual
Educational and Cultural Exchange Act of 1961.
Under Bureau of Industry and Security, Operations and
Administration, the language provides for no-year availability
of funds. Language is included regarding the costs associated
with the performance of export administration field activities
both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for
services abroad; payment of tort claims; official
representation expenses abroad; awards of compensation to
informers; and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use without
regard to any price limitation established by law. In addition,
language is included regarding the Mutual Educational and
Cultural Exchange Act of 1961. Finally, language is recommended
providing that payments and contributions collected and
accepted for materials or services may be retained for use in
covering the cost of those activities and other communications.
Under Economic Development Administration, Economic
Development Assistance Programs, the language provides for no-
year availability of funds. Language is also included
specifying amounts for certain grants and loan guarantees. In
addition, language is included providing that the cost of
modifying certain loan guarantees be as defined in section 502
of the Congressional Budget Act of 1974. Finally, the account
includes language limiting funds available to subsidize total
loan principal.
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, Salaries and Expenses, language
is included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities. Language is
also included directing Census to collect certain data.
Also, under Periodic Censuses and Programs, language is
included providing two-year availability of funds. Language is
also included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities. Finally,
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.
Under National Telecommunications and Information
Administration, Salaries and Expenses, language is included
providing for two-year availability of funds. Language is also
included permitting the Secretary of Commerce to charge Federal
agencies for costs in spectrum management, analysis,
operations, and related services; and to use such collections
in telecommunications research. The language also allows the
Secretary to retain and use as offsetting collections all funds
transferred, or previously transferred for telecommunications
research, engineering and activities by the Institute for
Telecommunication Sciences of NTIA. Finally, language is
included providing that funds so transferred shall remain
available until expended.
Also, under Public Telecommunications Facilities, Planning
and Construction, language is included allowing recoveries and
unobligated balances of funds previously appropriated to be
available for the administration of all open grants until their
expiration.
Under United States Patent and Trademark Office, Salaries
and Expenses, language is included providing that appropriated
funds be reduced as offsetting collections are assessed and
collected. The language also provides that funds received in
excess of appropriations be deposited in a Patent and Trademark
Fee Reserve fund, to be available until expended pursuant to
the Director submitting a spending plan subject to section 505
of this Act, after which the funds shall be transferred to the
Salaries and Expenses account. In addition, language is
included limiting representation expenses. Language is also
included regarding basic pay and certain retirement benefits.
Additional language is included regarding USPTO's financial
statements. Furthermore, language is included providing that
fees and surcharges charged are available to USPTO pursuant to
section 42(c) of title 35, United States Code. Finally, the
language provides that an amount be transferred to the Office
of Inspector General (OIG).
Under National Institute of Standards and Technology,
Scientific and Technical Research and Services, language is
included providing for no-year availability of funds. In
addition, language is included allowing transfers to the
working capital fund. Language is included limiting funds for
official reception and representation expenses. Finally,
language is included allowing NIST to provide local
transportation for a certain fellowship program.
Also, under Industrial Technology Services, language is
included providing no-year availability of funds. The language
also designates an amount for the Manufacturing Extension
Partnership.
In addition, under Construction of Research Facilities,
language is included providing for no-year availability of
funds. Language is also included regarding the submission of
certain materials in support of construction budget requests.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included
allowing for two-year availability for funds, except for
cooperative enforcement funds, which are available for three
years. Language is also included allowing maintenance,
operation, and hire of aircraft and vessels; grants, contracts,
or other payments to nonprofit organizations for the purposes
of conducting activities pursuant to cooperative agreements;
and relocation of facilities. Language is included allowing
fees and donations received by a particular office to be
retained and used for expenses related to certain activities.
In addition, language is included that provides that certain
funds be derived from various sources. Furthermore, language is
included limiting the amount of funds that can be provided for
corporate services administrative support. Moreover, language
is included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Finally, language is included providing for
retired pay expenses.
Also, under Procurement, Acquisition and Construction,
language is included providing for three-year availability for
funds, except for construction funds, which are available until
expended. Language is also included providing that certain
funds be derived from various sources. In addition, language is
included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Language is included regarding the submission of
certain materials in support of construction budget requests.
Finally, language is included transferring an amount to the
OIG.
In addition, under Pacific Coastal Salmon Recovery,
language is included providing for two-year availability of
funds. Language is also included allowing the Secretary of
Commerce to issue grants to specific States and federally
recognized tribes for conservation projects for listed
endangered or threatened salmon and steelhead populations,
populations at risk to be so listed, and for maintaining
populations necessary for the exercise of tribal treaty fishing
rights, and for conservation of Pacific coastal salmon and
steelhead habitat, to be allocated under scientific and merit
principles and not available for marketing activities; and
requiring a State match.
Furthermore, under Fishermen's Contingency Fund, language
is included providing for the appropriation of funds to be
derived from receipts collected pursuant to Title IV of Public
Law 95-372.
Moreover, under Fisheries Finance Program Account, language
is included placing limitations on individual fishing quota
loans and traditional direct loans.
Under Departmental Management, Salaries and Expenses,
language is included limiting funds for official reception and
representation expenses. In addition, language is included
continuing a task force on job repatriation and manufacturing
growth, and requiring the Secretary to produce an annual
report.
Under Renovation and Modernization, language is included
making funds available until expended.
Under Department of Commerce, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 101 makes funds available for advanced
payments only upon certification of officials
designated by the Secretary that such payments are
considered to be in the public interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for
services, and for uniforms and allowances as authorized
by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts
and requiring notification to the Committee of certain
actions.
Section 104 extends Congressional notification
requirements for NOAA satellite programs.
Section 105 provides for reimbursement for services
within Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child
pornography, copyright infringement, or any other
unlawful activity over their networks.
Section 107 provides the Administrator with the
authority to avail NOAA of needed resources, with the
consent of those supplying the resources, to carry out
responsibilities of any statute administered by NOAA.
Section 108 requires a monthly report on official
travel to China.
In title II, Department of Justice, under General
Administration, Salaries and Expenses, language is included
providing for an amount for security and construction of
Department of Justice facilities, which shall remain available
until expended.
Also, under Justice Information Sharing Technology,
language is included providing that funds be available until
expended. Language is also included allowing transfers up to a
certain amount to this account for information technology
initiatives.
In addition, under Administrative Review and Appeals,
language is included providing that an amount shall be derived
by transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee'' account.
Language is also included making an amount available until
expended for certain purposes.
Moreover, under Office of Inspector General, language is
included providing for not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
Under Legal Activities, Salaries and Expenses, General
Legal Activities, language is included providing not to exceed
$20,000 for expenses of collecting evidence, to be expended
under the direction of, and to be accounted for solely under
the certificate of, the Attorney General. Language is also
included providing for rental of space in the District of
Columbia. Language is included making an amount available until
expended for litigation support contracts. Also, language is
included limiting the amount of funds for official
representation and reception expenses available to INTERPOL
Washington. Furthermore, language is included allowing, upon a
determination by the Attorney General that emergent
circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General to
transfer funds to this account from available appropriations
for the current fiscal year for the Department of Justice, as
may be necessary to respond to such circumstances. Moreover,
language is included providing funds to the Civil Rights
Division for expenses associated with election monitoring,
authority to reimburse the Office of Personnel Management for
such expenses, and availability of such funds until expended.
Finally, language is included for expenses associated with
processing cases under the National Childhood Vaccine Injury
Act of 1986.
Also, under Salaries and Expenses, Antitrust Division,
language is included providing for no-year availability of
funds. The language also provides that fees collected for
premerger notification filings, regardless of the year of
collection, shall be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended.
In addition, under Salaries and Expenses, United States
Attorneys, language is included regarding inter-governmental
and cooperative agreements and limiting funds for official
reception and representation expenses. Language is also
included extending the availability of certain funds. Finally,
language is included requiring each United States Attorney to
establish or participate in a task force on human trafficking.
Furthermore, under United States Trustee System Fund,
language is included regarding refunds due depositors. Language
is also included providing for the extended availability of
certain funds and the use of offsetting collections.
Moreover, under Fees and Expenses of Witnesses, language is
included regarding contracts for the procurement and
supervision of expert witnesses. In addition, language is
included regarding funds for construction of buildings for
safesites, armored and other vehicles, and telecommunication
equipment. The language also provides for no-year availability
of funds.
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.
In addition, under Federal Prisoner Detention, language is
included providing for no-year availability. Language is also
included providing that the United States Marshals Service
shall be responsible for managing the Justice Prisoner and
Alien Transportation System. In addition, language is included
limiting the amount of funds considered ``funds appropriated
for State and local law enforcement assistance''. Finally,
language is included transferring to this account unobligated
balances from funds appropriated in prior years to the
Detention Trustee.
Under National Security Division, Salaries and Expenses,
language is included providing for the no-year availability of
funds for IT systems. Language is also included providing that
upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of
the National Security Division, the Attorney General may
transfer such amounts to this heading from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances. The language provides such a transfer be treated
as a reprogramming under section 505 of this Act.
Under Interagency Law Enforcement, Interagency Crime and
Drug Enforcement, language is included providing for no-year
availability for some of the funds. Language is also included
regarding authorities under which funds may be used.
Under Federal Bureau of Investigation, Salaries and
Expenses, language is included providing for no-year
availability of certain funds. Language is also included
providing funds for the National Gang and Human Trafficking
Intelligence Center. Language is included providing for a
limitation on representational expenses. Finally language is
included regarding a comprehensive review of the implementation
of the recommendations related to the Federal Bureau of
Investigation that were proposed in the report issued by the
National Commission on Terrorist Attacks Upon the United
States.
Under Construction, language is included specifying the
purpose of the appropriation and making it available until
expended.
Under Drug Enforcement Administration, Salaries and
Expenses, language is included providing for funds to meet
unforeseen emergencies of a confidential character. Language is
also included allowing conduct of drug education and training
programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs. In
addition, language is included providing for no-year
availability of certain funds. Finally, language is included
providing for a limitation on representational expenses.
Under Bureau of Alcohol, Tobacco, Firearms and Explosives,
Salaries and Expenses, language is included allowing training
of State and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection, and allowing provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement. Language is also included limiting
official reception and representation expenses. In addition,
language is included providing funds for the payment of
attorneys' fees. In addition, language is included providing
for no-year availability of certain funds. Additional language
is included prohibiting expenses to investigate or act upon
applications for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code. Language
is further included regarding expenses to investigate
applications filed by corporations for relief from section
925(c) of title 18, United States Code. Moreover, language is
included that prohibits funds to transfer the functions,
missions or activities of ATF to other agencies or departments.
Finally, language is included regarding the name of the ATF
Headquarters building.
Under Federal Prison System, Salaries and Expenses,
language is included that provides for the transfer to the
Health Resources and Services Administration funds necessary
for medical relief for inmates. Language is also included that
provides authority to the Director to enter into contracts to
furnish health care. In addition, language is included placing
a limitation on funds for reception and representation
expenses. Furthermore, language is included extending the
availability of certain funds. Finally, language is included
providing authority for the Federal Prison System to accept
donated property and services.
Also, in Building and Facilities, language is included
providing for no-year availability of funds and establishing
funding levels for certain activities. Language is also
included stating labor of prisoners may be used for work under
this heading.
Additionally, under Federal Prison Industries,
Incorporated, language is included authorizing Federal Prison
Industries, Incorporated, to make such expenditures, within the
limits of funds and borrowing authority available, and in
accord with the law, and to make such contracts and
commitments, without regard to fiscal year limitations, as may
be necessary in carrying out the program set forth in the
budget for the current fiscal year for such corporation.
Furthermore, under Limitation on Administrative Expenses,
Federal Prison Industries, Incorporated, language is included
making available funds for its administrative expenses, and for
certain services, to be computed on an accrual basis to be
determined in accordance with the corporation's current
prescribed accounting system, and such amounts shall be
exclusive of depreciation, payment of claims, and expenditures
which such accounting system requires to be capitalized or
charged to cost of commodities acquired or produced, including
selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Under State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included making funds
available until expended. Language is also included placing a
limitation on funds to be made available for expenses related
to evaluation, training, and technical assistance. In addition,
language is included providing for specific appropriations for
various programs within the Office on Violence Against Women.
Furthermore, language is included making available certain
unobligated balances for specified programs. The language also
applies certain conditions to specified grants. It provides for
certain funds to be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of Justice
Programs.
Under Office of Justice Programs, Research, Evaluation and
Statistics, language is included to provide for no-year
availability of funds. Language is also included to provide for
specific appropriations for various programs within the Office
of Justice Programs. In addition, language is included
mandating the collection of certain crime statistics.
Also, under State and Local Law Enforcement Assistance,
language is included to provide for no-year availability of
funds. Language is also included regarding juvenile indigent
defense, a Preventing Violence Against Law Enforcement Officer
Resilience and Survivability Initiative, domestic
radicalization research, and firearm safety grants. In
addition, language is included regarding Federal immigration
and other detainees housed in State and local detention
facilities. Furthermore, language is included regarding local
government use of funds to increase the number of law
enforcement officers. Language is also included regarding DNA
training and education for law enforcement, correctional
personnel, and court officers. There is further language
regarding certain time limitations under the Second Chance Act.
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 regarding research, evaluation, and statistics
activities designed to benefit the programs or activities
authorized, with certain exceptions. In addition, language is
included regarding funds for training and technical assistance,
with certain exceptions. Moreover, language is included waiving
a provision of law with respect to funding for missing and
exploited children programs. Finally, the language delineates
certain amounts for various programs under this heading.
Furthermore, under Public Safety Officer Benefits, language
is included providing for no-year availability of funds.
Language is also included providing for the transfers of funds
in emergent circumstances, which shall be subject to the
provisions of section 505 of this Act.
Under Community Oriented Policing Services, Community
Oriented Policing Services Programs, language is included
providing for no-year availability of funds. Language is also
included requiring that balances available through
deobligations only be available through reprogramming. In
addition, language is included regarding transfers of funds for
anti-methamphetamine activities. Furthermore, language is
included waiving a provision of law that terminated the hiring
program after September 2000. Language is included capping the
amount for hiring an officer unless a waiver is granted.
Language is also included transferring an amount within the
Hiring program to the Tribal Resources Grant Program, and
designating an amount within the hiring program for anti-gang
task forces. Finally, the language delineates certain amounts
for various programs under this heading.
Under Department of Justice, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 201 makes available additional reception and
representation funding for the Attorney General from
the amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or to preserve the
life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an
abortion.
Section 204 establishes the obligation of the Director
of the Bureau of Prisons to provide escort services to
an inmate receiving an abortion outside of a Federal
facility, except where this obligation conflicts with
the preceding section.
Section 205 establishes the Committee's requirements
and procedures for transfer proposals.
Section 206 authorizes the Attorney General to extend
an ongoing Personnel Management Demonstration Project.
Section 207 prohibits the use of certain funds for
transporting prisoners classified as maximum or high
security, other than to a facility certified by the
Bureau of Prisons as appropriately secure.
Section 208 prohibits the use of funds for the
purchase or rental by Federal prisons of audiovisual
equipment, services and materials used primarily for
recreational purposes, except for those items and
services needed for inmate training, religious, or
educational purposes.
Section 209 requires review by the Deputy Attorney
General and the Department Investment Review Board
prior to the obligation or expenditure of funds for
major information technology projects.
Section 210 requires the Department to follow
reprogramming procedures prior to any deviation from
the program amounts specified in this title or the
reuse of specified deobligated funds provided in
previous years.
Section 211 prohibits the use of funds for A-76
competitions for work performed by employees of the
Bureau of Prisons or Federal Prison Industries, Inc.
Section 212 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys
from statutory residency requirements.
Section 213 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be
used for training and technical assistance and permits
up to 2 percent of grant or reimbursement funds made
available to that office to be used for criminal
justice research, evaluation and statistics.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
National Instant Criminal Background Check System
established under the Brady Handgun Violence Prevention
Act, from being used to facilitate the transfer of an
operable firearm to a known or suspected agent of a
drug cartel where law enforcement personnel do not
continuously monitor or control such firearm.
Section 216 places limitation on the obligation of
funds from certain Department of Justice accounts and
funding sources.
In title III, Science, under Office of Science and
Technology Policy, language is included providing that certain
funds be available for reception and representation expenses,
and rental of conference rooms.
Under National Aeronautics and Space Administration,
Science, language is included providing for the multi-year
availability of funds. Language is also included concerning a
planetary science mission, and a limitation on formulation and
development costs of a certain program with an associated
notification requirement.
Also, under Aeronautics, language is included providing for
the multi-year availability of funds.
In addition, under Space Technology, language is included
providing for the multi-year availability of funds.
Under Exploration, language is included providing for the
multi-year availability of funds. Language is also included
that delineates amounts for program components.
In Space Operations, language is included providing for the
multi-year availability of funds.
Additionally, under Education, language is included
providing for the multi-year availability of funds. Language is
also included delineating amounts for program components.
Under Safety, Security and Mission Services, language is
included providing for the multi-year availability of funds.
Language is also included to limit official reception and
representation expenses.
Under Construction and Environmental Compliance and
Restoration, language is included providing for the multi-year
availability of funds. Language is also included restricting
receipts and expenditures made pursuant to enhanced use lease
arrangements and requiring the inclusion of estimates in future
budget requests.
Under Office of Inspector General, language is included
providing for the multi-year availability of some funds.
In the Administrative Provisions, language is included
regarding: availability of funds for announced prizes;
limitations on transfers of funds among NASA accounts; the
submission of a spending plan; and the transfer of certain
unexpired balances.
Under National Science Foundation, Research and Related
Activities, language is included that provides for the multi-
year availability of funds. Language is also included that
governs funding availability for polar research and operational
support. In addition, language is included providing that
certain receipts may be credited to this appropriation.
Also, under Major Research Equipment and Facilities
Construction, language is included providing for no-year
availability of funds.
In addition, under Education and Human Resources, language
is included providing for the multi-year availability of funds.
Furthermore, under Agency Operations and Award Management,
language is included regarding contracts for maintenance and
operation of facilities and other services. Language is also
included limiting representation expenses, and providing for
no-year availability of some funds.
Under Office of the National Science Board, language is
included limiting funds for official reception and
representation.
Under Office of Inspector General, language is included
providing for the multi-year availability of some funds.
Under Administrative Provision, language is included
regarding transfers of funds.
In title IV, Related Agencies, under Commission on Civil
Rights, Salaries and Expenses, language is included prohibiting
expenses to employ in excess of a specific level of full-time
individuals or to reimburse Commissioners for certain billable
days. Language is also included prohibiting certain
unauthorized activities.
Under Equal Employment Opportunity Commission, Salaries and
Expenses, language is included designating an amount for
payments to State and local enforcement agencies. Language is
also included limiting funds for official reception and
representation expenses. Finally, language is included
authorizing the Chair to accept donations or gifts to carry out
the work of the Commission.
Under International Trade Commission, Salaries and
Expenses, language is included limiting funds for official
reception and representation expenses. Language is also
included providing for no-year availability of funds.
Under Legal Services Corporation, Payment to the Legal
Services Corporation, language is included regarding pay for
officers and employees. Language is also included delineating
amounts for specific programs and regarding authorities to
transfer funds. In addition, language is included designating
the Legal Services Corporation as an agency of the Federal
Government for the purposes of reprogramming.
Under Administrative Provision, Legal Services Corporation,
language is included that prohibits the use of funds for
certain activities.
Under Office of the United States Trade Representative,
Salaries and Expenses, language is included providing for the
no-year availability of some funds. Language is also included
limiting funds for official reception and representation
expenses.
Under State Justice Institute, Salaries and Expenses,
language is included limiting funds for reception and
representation expenses. Language is also included providing
for multi-year availability of some funds. In addition,
language is included designating the State Justice Institute as
an agency of the Federal Government for the purposes of
reprogramming.
In title V, General Provisions, the following general
provisions that fall within the rule are recommended:
Section 501 prohibits the use of funds for publicity
or propaganda purposes unless expressly authorized by
law, or for contracts to provide training for agency
employees to engage in such activities.
Section 502 prohibits any appropriation contained in
this Act from remaining available for obligation beyond
the current fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting
service through procurement contracts shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection,
except where otherwise provided under existing law or
under existing Executive order issued pursuant to
existing law.
Section 504 provides that if any provision of this
Act or the application of such provision to any person
or circumstance shall be held invalid, the remainder of
the Act and the application of other provisions shall
not be affected.
Section 505 specifies requirements for reprogramming
funds.
Section 506 provides that if it is determined that
any person intentionally affixes a ``Made in America''
label to any product that was not made in America that
person shall not be eligible to receive any contract or
subcontract made with funds made available in this Act.
The section further provides that to the extent
practicable, with respect to purchases of promotional
items, funds made available under this Act shall be
used to purchase items manufactured, produced or
assembled in the United States or its territories or
possessions.
Section 507 requires quarterly reporting to Congress
on the status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting
from, or to prevent, personnel actions taken in
response to funding reductions in the Act 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.
Language is included making this section also apply to
actions taken by the Department of Commerce for the
care and protection of loan collateral or grant
property.
Section 509 prohibits funds made available in this
Act from being used to promote the sale or export of
tobacco or tobacco products or to seek the reduction or
removal of foreign restrictions on the marketing of
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of
the same type.
Section 510 limits the obligation of certain funds.
Section 511 prohibits the use of Department of
Justice funds for programs that discriminate against or
denigrate the religious or moral beliefs of students
participating in such programs.
Section 512 prohibits the transfer of funds provided
in this Act to any department, agency or
instrumentality of the United States Government, except
for transfers made by, or pursuant to authorities
provided in, this Act or any other appropriations Act.
Section 513 provides that funds provided for E-
Government Initiatives shall be subject to the
procedures set forth in section 505 of this Act.
Section 514 requires certain timetables and
procedures for specified audits performed by Inspectors
General of the departments and agencies funded in this
Act and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts
appropriated by this Act.
Section 515 prohibits funds for acquisition of
certain information systems unless the acquiring
department or agency has reviewed and assessed certain
risks. Language is also included requiring the
development of risk mitigation strategies and certain
determinations.
Section 516 prohibits the use of funds in this Act to
support or justify the use of torture by any official
or contract employee of the United States Government.
Section 517 permanently prohibits the use of funds to
require certain export licenses.
Section 518 permanently prohibits the use of funds to
deny certain import applications regarding ``curios or
relics'' firearms, parts, or ammunition.
Section 519 prohibits the use of funds to include
certain language in trade agreements.
Section 520 prohibits the use of funds in this Act to
authorize or issue a national security letter (NSL) in
contravention of certain laws authorizing the Federal
Bureau of Investigation to issue NSLs.
Section 521 requires congressional notification
regarding any project within the Departments of
Commerce or Justice, or the National Science Foundation
and the National Aeronautics and Space Administration
totaling more than $75,000,000 that has cost increases
of at least 10 percent.
Section 522 deems funds for intelligence or
intelligence related activities as authorized by
Congress during fiscal year 2015 until the enactment of
the Intelligence Authorization Act for fiscal year
2015.
Section 523 prohibits contracts or grant awards in
excess of $5,000,000 unless the prospective contractor
or grantee certifies that the organization has filed
all Federal tax returns, has not been convicted of a
criminal offense under the Internal Revenue Code of
1986, and has no unpaid Federal tax assessment.
Section 524 provides for rescissions of unobligated
balances in the Departments of Commerce and Justice.
Section 525 prohibits the use of funds in this Act
for the purchase of first class or premium air travel
in contravention of certain Federal travel regulations.
Section 526 prohibits the use of funds to pay for the
attendance of more than 50 department or agency
employees at any single conference outside the United
States, unless the conference is a law enforcement
training or operational event where the majority of
Federal attendees are law enforcement personnel
stationed outside the United States.
Section 527 prohibits the use of funds in this Act in
a manner that is inconsistent with the principal
negotiating objective of the United States with respect
to trade remedy laws.
Section 528 prohibits the use of funds in this or any
other Act for the transfer or release of certain
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to or within the United States,
its territories or possessions.
Section 529 prohibits the use of funds in this or any
other Act to construct, acquire or modify any facility
in the United States, its territories, or possessions
to house certain individuals who, as of June 24, 2009,
were located at United States Naval Station, Guantanamo
Bay, Cuba, for the purposes of detention or
imprisonment in the custody or control of the
Department of Defense.
Section 530 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 531 requires tracking and reporting of
undisbursed balances in expired grant accounts.
Section 532 prohibits the use of funds by the
National Aeronautics and Space Administration (NASA) or
the Office of Science and Technology Policy (OSTP) to
engage in bilateral activities with China or a Chinese-
owned company unless the activities are authorized by
subsequent legislation or NASA or OSTP have made a
certification pursuant to subsections (c) and (d) of
this section.
Section 533 prohibits funds made available by this
Act from being used to deny the importation of shotgun
models if no application for the importation of such
models, in the same configuration, had been denied
prior to January 1, 2011, on the basis that the shotgun
was not particularly suitable for or readily adaptable
to sporting purposes.
Section 534 prohibits the use of funds to establish
or maintain a computer network that does not block
pornography, except for law enforcement purposes.
Section 535 requires the Departments of Commerce and
Justice, the National Aeronautics and Space
Administration and the National Science Foundation to
submit spending plans.
Section 536 prohibits funds made available by this
Act from being used to enter into a contract,
memorandum of understanding, or cooperative agreement
with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a
felony criminal violation under any Federal law within
the preceding 24 months.
Section 537 prohibits funds made available by this
Act from being used to enter into a contract,
memorandum of understanding, or cooperative agreement
with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability.
Section 538 prohibits funds made available by this
Act to implement the Arms Trade Treaty until the Senate
approves a resolution of ratification.
Section 539 prohibits funds from being used to
require a person licensed under section 923 of title
18, United States Code, to report information to the
Department of Justice regarding the sale of multiple
rifles or shotguns to the same person.
Section 540 establishes a Spending Reduction Account,
as required by section 3(d) of H. Res. 5 (113th
Congress).
Appropriations Not Authorized by Law
The Committee, in a number of instances, has found it
necessary to recommend funding for ongoing activities and
programs for which authorizations have not been enacted to
date. Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules
of the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
UNAUTHORIZED APPROPRIATIONS
Fiscal Year 2015
(dollars in thousands)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorization level in Appropriations in
Program Last year of last year of last year of Appropriations in
authorization authorization authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Commerce:
International Trade Administration
Operations and Administration
Export Promotion Activities............................... 1996 such sums 264,885 316,000
Bureau of Industry and Security
Operations and Administration............................... 1994 such sums 34,747 103,500
Economic Development Administration
Salaries and Expenses....................................... 2008 such sums 30,832 37,000
Economic Development Assistance Programs.................... 2008 500,000 349,100 210,500
Repatriation grants....................................... n/a n/a n/a (5,000)
Sec. 26 loan guarantees................................... 2013 20,000 (5,000) (5,000)
Minority Business Development Agency
Minority Business Development............................... n/a n/a n/a 30,000
Economic and Statistical Analysis
Salaries and Expenses....................................... n/a n/a n/a 99,000
National Telecommunications and Information Administration
Salaries and Expenses....................................... 1993 17,900 18,493 36,700
National Institute of Standards and Technology
Scientific and Technical Research and Services.............. 2013 676,700 609,514 670,500
Industrial technology services.............................. 2013 241,709 140,316 130,000
Manufacturing extension partnerships...................... 2013 (165,100) (126,088) (130,000)
Construction of research facilities......................... 2013 121,300 58,874 55,300
National Oceanic and Atmospheric Administration
Operations, Research and Facilities
Oceanic and Atmospheric Research.......................... 1993 1,589,081 202,172 348,500
Climate and air quality research activities............. 1993 (103,877) * *
Atmospheric research activities......................... 1993 (44,781) * *
National Ocean Service.................................... 1993 121,183 150,864 473,446
Coral Reef Conservation................................. 2004 (16,000) (16,000) (26,000)
Coastal Zone Management................................. 1999 (55,300) (52,700) (108,146)
Marine Protection, Research, Preservation & Sanctuaries. 2005 (40,000) (57,958) (47,000)
National Marine Fisheries Services........................ various 763,900
Endangered Species Act Activities....................... 1992 6,750
Marine Mammal Protection Act Activities................. 1999 34,768
NOAA Marine Fisheries Program Activities................ 2000 110,470
National Weather Service
Operations and research activities...................... 1993 395,822 * *
Public warning and forecast systems..................... 1993 132,034 *, *,
NESDIS
Satellite observing systems activities (NESDIS)......... 1993 336,000 *, *,
Data and information services activities................ 1993 39,596 10,300 *,
Program Support
Executive Direction and Administrative Activities....... 1993 75,750 25,000 215,654
Marine Services......................................... 1993 68,518 61,200 175,000
Aircraft Services....................................... 1993 10,336 9,500 31,600
Procurement, Acquisition and Construction
Office of Marine and Aviation Operations
Fleet modernization and replacement..................... 1997 such sums 8,000 7,200
Pacific Coastal Salmon Recovery............................. 2009 90,000 80,000 65,000
Departmental Management
Salaries and Expenses....................................... n/a n/a n/a 54,000
Renovation and Modernization................................ n/a n/a n/a 4,000
Department of Justice:
General Administration
Salaries and Expenses....................................... 2009 181,561 105,805 103,851
Justice Information Sharing Technology...................... 2009 204,152 80,000 25,842
Administrative review and appeals........................... 2009 243,291 270,000 335,000
Office of Inspector General................................. 2009 81,922 80,681 88,000
United States Parole Commission
Salaries and Expenses....................................... 2009 12,711 12,570 13,308
Legal Activities
Salaries and Expenses, General Legal Activities............. 2009 764,526 805,655 893,000
Salaries and Expenses, Antitrust Division................... 2009 162,488 157,788 162,246
Salaries and Expenses, United States Attorneys.............. 2009 1,829,194 1,851,336 1,970,000
Salaries and Expenses, Foreign Claims Settlement Commission. 2009 1,429 1,823 2,326
Fees and Expenses of Witnesses.............................. 2009 203,755 168,300 270,000
Salaries and Expenses, Community Relations Service.......... 2009 10,977 9,873 12,000
Assets Forfeiture Fund...................................... 2009 22,000 20,990 20,514
United States Marshals Service................................ 2009 900,178 954,000 2,804,107
Salaries and Expenses....................................... (960,000) (1,199,000)
Construction................................................ (4,000) (9,800)
Federal Prison Detention ................................... 2009 1,858,509 1,355,319 (1,595,307)
National Security Division
Salaries and Expenses....................................... n/a n/a n/a 94,800
Interagency Law Enforcement
Interagency Crime and Drug Enforcement...................... 2009 744,593 515,000 515,000
Federal Bureau of Investigation............................... 2009 6,480,608 7,301,191 8,467,291
Salaries and Expenses....................................... (7,182,700) (8,356,857)
Construction................................................ (153,491) (110,982)
Drug Enforcement Administration
Salaries and Expenses....................................... 2009 1,930,462 1,959,084 2,053,320
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and Expenses....................................... 2009 1,038,939 1,078,215 1,200,000
Federal Prison System......................................... 2009 5,698,292 6,171,561 6,982,700
Salaries and Expenses....................................... (5,600,792) (6,865,000)
Buildings and Facilities.................................... (575,807) (115,000)
Office on Violence Against Women
Violence Against Women Prevention and Prosecution Programs
Research and Evaluation on Violence against Women......... n/a n/a n/a 3,000
Family Civil Justice...................................... various 16,000
Court Training and Improvements Program................. 2011 5,000 ?
Safe Havens Program..................................... 2011 20,000 ?
Consolidated Youth-oriented Program....................... various 10,000
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 #
Indian Country--Sexual Assault Clearinghouse.............. n/a n/a n/a 500
Office of Justice Programs
Research, Evaluation and Statistics
Bureau of Justice Statistics.............................. 1995 33,000 32,335 47,250
National Institute of Justice............................. 1995 33,000 58,879 42,000
Regional information sharing activities................... 2003 100,000 29,000 35,000
State and Local Law Enforcement Assistance
Byrne Memorial Justice Assistance Grants.................. 2012 1,095,000 470,000 376,000
Juvenile Indigent Defense............................... n/a n/a n/a (2,500)
Domestic Radicalization Research........................ n/a n/a n/a (4,000)
VALOR Initiative........................................ n/a n/a n/a (15,000)
Competitive grants for firearms safety materials and gun n/a n/a n/a (3,000)
locks..................................................
State Criminal Alien Assistance Program................... 2011 950,000 # 210,000
Byrne Competitive Grants.................................. n/a n/a n/a 8,000
Drug Courts............................................... 2008 70,000 15,200 41,000
Mentally Ill Offender Act................................. 2014 50,000 9,000 9,000
Residential Substance Abuse Treatment..................... 2000 72,000 61,677 12,000
Capital Litigation and Wrongful Conviction Review......... 2009 75,000 5,500 2,000
Economic, High-tech, Cybercrime Prevention................ n/a n/a n/a 10,000
Adam Walsh Act Implementation............................. 2009 such sums 18,000 21,000
National Sex Offender Public Website.................... n/a n/a n/a (1,000)
Bulletproof Vests Partnerships............................ 2012 50,000 24,000 22,250
NICS Initiative........................................... various 58,500
NICS Act Record Improvement Program..................... 2013 125,000 12,000
National Criminal History Improvement Program........... 2013 62,500 6,000
DNA Initiative
Debbie Smith DNA Backlog Grants......................... 2014 151,000 117,000 117,000
Post-Conviction DNA Testing Grants...................... 2009 5,000 5,000 4,000
Sexual Assault Forensic Exam Program Grants............. 2014 30,000 4,000 4,000
Community Teams to Reduce the Sexual Assault Kit (SAK) n/a n/a n/a 36,000
Backlog..................................................
Tribal Assistance......................................... various 35,000
Tribal Courts........................................... 2004 such sums (8,000) **
Alcohol and Substance Abuse............................. n/a n/a n/a **
Indian Prison Grants.................................... 2000 (2,753) (5,000) **
Training/TA Civil and Criminal Legal Assistance......... n/a n/a n/a **
Second Chance Act/Offender Reentry........................ 2010 55,000 100,000 62,500
Veterans Treatment Courts................................. n/a n/a n/a 5,000
Missing Alzheimer's Patients Grants....................... 1999 900 898 1,000
Prescription Drug Monitoring.............................. n/a n/a n/a 8,000
Prison Rape Prevention and Prosecution.................... 2010 40,000 15,000 15,000
Campus Public Safety...................................... n/a n/a n/a 2,000
Justice Reinvestment Initiative........................... n/a n/a n/a 30,000
Comprehensive School Safety Initiative.................... n/a n/a n/a 75,000
Consolidated Evidence-based Activities Initiative......... n/a n/a n/a 20,000
Juvenile Justice Programs
Part B--State Formula Grants.............................. 2007 such sums # 45,000
Youth Mentoring Grants.................................... 2007 such sums # 90,000
Victims of Child Abuse Programs........................... 2005 8,481 11,000 19,000
Missing and Exploited Children Programs................... various 68,000
AMBER Alert grants...................................... 2004
Community Oriented Policing Services
Community Oriented Policing Services Programs............. 2009 1,047,119 1,550,500 96,500
Transfer to DEA for Methamphetamine Lab Cleanups........ (--) (10,000)
Tribal Resources Grant Program.......................... (20,000) (16,500)
COPS Hiring Grants...................................... (1,000,000) (70,000)
Transfer to Tribal Resources Grant Program............ ((--)) ((16,500))
Regional gang task forces............................. ((n/a)) ((10,000))
Science:
National Aeronautics and Space Administration
Science..................................................... 2013 5,509,600 5,047,447 5,193,000
Aeronautics................................................. 2013 590,000 559,301 666,000
Space Technology............................................ 2013 515,000 629,950 620,000
Exploration................................................. 2013 5,264,000 3,814,041 4,167,000
Space Operations............................................ 2013 4,253,300 3,878,802 3,885,000
Education................................................... 2013 145,700 122,654 106,000
Safety, Security and Mission Services....................... 2013 3,276,800 2,770,012 2,779,000
Construction and Environmental Compliance and Remediation... 2013 366,900 667,236 446,000
Office of Inspector General................................. 2013 38,700 37,287 34,000
National Science Foundation
Research and Related Activities............................. 2013 6,637,849 5,870,974 5,973,645
Major Research Equipment and Facilities Construction........ 2013 236,764 192,488 200,760
Education and Human Resources............................... 2013 1,041,762 878,799 876,000
Agency Operations and Award Management...................... 2013 363,670 293,780 335,000
Office of the National Science Board........................ 2013 4,906 4,357 4,370
Office of Inspector General................................. 2013 15,049 13,933 14,430
Related Agencies:
Commission on Civil Rights
Salaries and Expenses....................................... 1995 9,500 8,904 9,000
International Trade Commission
Salaries and Expenses....................................... 2004 57,240 58,295 84,500
Legal Services Corporation
Payment to the Legal Services Corporation................... 1980 205,000 300,000 350,000
Marine Mammal Commission
Salaries and Expenses....................................... 1999 1,750 1,240 3,250
Office of the U.S. Trade Representative
Salaries and Expenses....................................... 2004 33,108 41,552 53,500
State Justice Institute
Salaries and Expenses....................................... 2008 7,000 3,760 5,121
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The National Oceanic and Atmospheric Administration Authorization Act of 1992 (P.L. 102-567) provides authorizations for general categories of
activities, rather than specific programs. Since a program may cut across several authorizations, it is impossible to determine the exact amount of
unauthorized appropriations.
Authorization covers multiple lines in the NOAA control table.
This authorization provides for both procurement and operations activities, but does not provide a breakdown for each.
Authorization does not provide amounts for specific accounts within this agency.
This was formerly the ``General Administration, Detention Trustee'' account.
? The authorization for this program expired in FY2011. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
# These programs have been combined into the Consolidated Youth-oriented Program.
** The recommendation includes an overall amount for tribal assistance but does not specify amounts for each particular program.
The authorization for this program expired in FY2007. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
The recommendation does not provide a specific amount for this program.
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority and outlays provided in the
bill with the appropriate allocations made under section 302(b)
of the Budget Act:
BUDGETARY IMPACT PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET
OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS AMENDED
------------------------------------------------------------------------
302(b) Allocation This Bill\1\
-------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
------------------------------------------------------------------------
Comparison of amounts in the
bill with Committee
allocations to its
subcommittees
Subcommittee on
Commerce, Justice,
Science
General purpose 51,202 61,641 51,202 61,631
discretionary........
Mandatory............. 317 308 317 308
------------------------------------------------------------------------
\1\Includes outlays from prior year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year outlay projections
associated with the budget authority provided in the
accompanying bill, as provided to the Committee by the
Congressional Budget Office:
------------------------------------------------------------------------
------------------------------------------------------------------------
Projection of outlays associated with the recommendation
2015................................................... \1\39,184
2016................................................... 13,520
2017................................................... 3,069
2018................................................... 1,433
2019 and future years.................................. 4,805
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.
Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority........................................... -7,744
Outlays.................................................... \1\44
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.
Program Duplication
Pursuant to section 3(j)(2) of H. Res. 5 (113th Congress),
no provision of this bill establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Directed Rule Making
Pursuant to section 3(k) of H. Res. 5 (113th Congress), the
bill does not direct any rule making.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
department and agency, comparing the amounts recommended in the
bill with fiscal year 2014 enacted amounts and budget estimates
presented for fiscal year 2015:
MINORITY VIEWS OF REP. NITA LOWEY AND REP. CHAKA FATTAH
We commend Chairman Rogers and Chairman Wolf for their
efforts to assemble the Fiscal Year (FY) 2015 Commerce,
Justice, Science (CJS) bill in an inclusive manner. While the
CJS bill contains several significant shortcomings, overall it
is not as egregious as many of the other upcoming
appropriations bills we are likely to see, given several
problematic subcommittee 302(b) allocations that have just been
approved by the Appropriations Committee.
On the positive side, in working with Chairman Wolf, we
have been able to fund many important priorities in the CJS
bill. Several examples are as follows:
Neuroscience: Building on the work of the
Interagency Working Group on Neuroscience, an increase of
$21,150,000 above FY 2014 is provided in the bill for
neuroscience activities at the National Science Foundation
(NSF). This will allow NSF to continue its interdisciplinary
approach to transforming our understanding of the mechanisms of
the brain. In addition to the funding increase, the report
directs NSF to organize an international conference on
neuroscience, convening government representatives,
neuroscience researchers, private entities, non-profit
institutions and others to share research and foster
collaboration around neuroscience research. The White House
Office of Science and Technology Policy (OSTP), which plays a
critical oversight and coordination role in Federal
neuroscience activities, is also funded at the Administration's
requested level of $5,555,000.
Manufacturing: $5 million is provided to the
Economic Development Administration (EDA) for continued funding
of the loan guarantee program for small and medium-sized
businesses to help develop innovative new products and new
technologies. In addition, funds are provided within NSF to
support advanced manufacturing research, to help develop new
products based on advanced technologies. The bill also provides
$130 million for the Manufacturing Extension Partnership
program.
Youth Mentoring: The bill provides $90 million
for Youth Mentoring. At a time when the number of people in
Federal prison continues to rise, these programs are of vital
importance in cutting the costs associated with crime and
delinquency. We need to focus our resources on programs like
these that provide early intervention to help positively
influence the lives of our young people.
Weather Forecasting: As noted below, strong
funding levels are provided both for National Weather Service
operating expenses and for procurement for the two largest
future weather satellite programs.
The FY 2015 bill approved by the Committee provides net
budget authority of $51.2 billion, a cut of nearly $400 million
below FY 2014 though more than $200 million above the request.
However, after accounting for rescissions and scorekeeping
adjustments, the bill is approximately $1 billion above FY
2014. Across the bill, most programs are funded at decent
levels. However, there are a number of critical public
investments that fall short of the amounts needed, specifically
in state and local law enforcement, legal aid to the poor,
climate research, and other areas. As the process moves
forward, we look forward to working in a bipartisan manner to
preserve the positive aspects of the bill while improving upon
the areas that will need higher funding levels to effectively
achieve their missions. Given the wide array of public needs
that must be funded in this bill, our careful attention to
these efforts is critical.
DEPARTMENT OF COMMERCE
For the Department of Commerce, the Committee provides $8.4
billion, an increase of $175.1 million above FY 2014, though
$390.8 million below the Administration's request.
We reiterate that we are pleased the Committee has once
again recognized the importance of weather forecasting and the
role that weather satellites play in ensuring reliable
forecasts. The Committee provides an increase above the request
for the operating budget of the National Weather Service, as
well as full funding for the National Oceanic and Atmospheric
Administration (NOAA)'s two largest weather satellite
procurement efforts--the Geostationary Operational
Environmental Satellite, R Series (GOES-R), and the Joint Polar
Satellite System (JPSS). The nation has seen far too many
examples in recent years of the danger to human life and the
damage to property and public infrastructure caused by extreme
weather events. It is essential for us to continue to provide
ample resources for both the personnel and technology of the
National Weather Service, to minimize gaps in weather data and
to provide sufficient advance warning of dangerous weather
events.
At the same time, however, we are disappointed that the
Committee has once again cut funding for important climate
science efforts of NOAA and its external partners. The
Committee provides $119 million for NOAA climate research, a
cut of $37.5 million (24%) below FY 2014 and $69.3 million
(37%) below the Administration's request. In addition, the bill
fails to provide the full Administration request for climate-
related satellite procurement. According to the third National
Climate Assessment, released on May 6, 2014, the average
temperature in the U.S. increased by between 1.3 and 1.9
degrees Fahrenheit since recordkeeping began in 1895, with 80
percent of this increase occurring since 1970. The assessment
noted that impacts related to climate change are already
evident in many sectors and are expected to become increasingly
disruptive across the nation throughout this century. For
example, storm surge on top of the rise in sea level
exacerbates coastal flooding during hurricanes. Climate change
is also increasing the risks of respiratory stress from poor
air quality, heat stress, and the spread of foodbome,
insectbome, and waterborne diseases. These are just some
examples of what we face as a result of climate change. We need
to fully fund NOAA's research in this area, which will improve
our nation's ability to understand and predict climate change
and thus enhance our ability to plan and respond.
Additional overall funding will also be needed for the
ocean and coastal stewardship programs of NOAA. There are many
strong funding levels provided in this area; examples include
the full requested amounts for Integrated Ocean Observing
System Regional Observations and the National Estuarine
Research Reserve System, and a strong funding level for fish
stock assessments. At the same time, a few other areas will
need additional funding, most especially Habitat Conservation
and Restoration, which the bill cuts by $16.7 million, or 40
percent below FY 2014. This program plays an important role in
helping to rebuild fisheries, recover protected species, and
improve the resilience of coastal resources and communities.
The Census Bureau is funded at $1.1 billion, an increase of
$161.5 million above FY 2014 but $104.9 million below the
Administration's request. The reduction below the request
threatens the Bureau's ability to conduct many of its research
and planning activities in preparation for the 2020 Decennial
Census. These activities must be performed early in order to
provide time for the Bureau to make preliminary census design
decisions, which will determine the ultimate cost of the 2020
Census.
We are pleased, however, that $5 million is provided for
continued funding of EDA's loan guarantee program for
innovative technologies in manufacturing. The bill also
provides $5 million to continue a grant program to help
relocate jobs back to the United States that have previously
been placed outside the United States.
We are further encouraged that the bill provides increases
(though less than requested by the Administration) for overall
research activities of the National Institutes of Standards and
Technology and the Manufacturing Extension Partnership program.
These investments are necessary to ensure that the nation will
remain globally competitive in the areas of manufacturing and
technological innovation. However, zero funding is provided for
the Advanced Manufacturing Technology Consortia program, which
helps industry identify longterm manufacturing needs. A modest
increase, though again less than requested, is provided for the
International Trade Administration in support of its efforts to
create jobs through expansion of U.S. exports. The bill also
provides the full request for the Patent and Trademark Office
(PTO), which will allow PTO to continue reducing its backlog of
patent applications and improve its information technology
systems.
In addition, we are pleased that the bill provides $30
million for the Minority Business Development Agency (MBDA), an
increase above both FY 2014 and the Administration's request.
The bill also provides an overall slight increase above the
request for the programmatic account of the Economic
Development Administration (EDA). The programs of MBDA and EDA,
among other Commerce Department efforts, have a proven track
record of helping to preserve and create jobs, particularly in
economically distressed areas.
DEPARTMENT OF JUSTICE
For the Department of Justice (D0J), the bill provides a
total of $27.8 billion, an increase of $383.8 million above the
FY 2014 level and $136.8 million above the budget request.
Increases above the FY 2014 level (and in most cases, above
the FY 2015 request) for the Federal law enforcement and
litigation components at DOJ will allow for additional Federal
agents, attorneys, and support staff to conduct investigations,
protect national security, and litigate civil and criminal
cases.
There is no doubt that we are in need of reforms in our
prison system. We are pleased that the Committee continues to
fund the task force on prison reform and look forward to
reviewing its findings and recommendations.
We are pleased that many important grant programs are
protected through level funding or increases, including the
State Criminal Alien Assistance Program, Office on Violence
Against Women grant programs, Crime Victims Fund programs, the
Byrne-JAG formula grant program, the Victims of Trafficking
program, the Justice Reinvestment Initiative, and the Youth
Mentoring program.
We strongly support the important resources provided by the
bill to combat gun violence. For grants to improve the
submission of records to the National Instant Criminal
Background Check System (NICS), the bill provides $58.5
million, an increase of $3.5 million above the request and the
same as the FY 2014 level. In addition to these resources,
report language was adopted in Committee markup requiring the
FBI to publish detailed data on record submissions to NICS.
Furthermore, the bill provides $75 million for the
Comprehensive School Safety Initiative, the same level of
finding as proposed in the President's budget and provided last
year. This funding will continue to provide resources for
research and for schools to implement evidence-based approaches
to improving school safety.
However, state and local grant programs at DOJ overall are
cut by $81.6 million below FY 2014, even as state and local
governments continue to experience budget problems.
Several important grant programs are eliminated entirely,
including Byrne Incentive Grants, the Byrne Criminal Justice
Innovation Program, the Children Exposed to Violence
Initiative, and the State and Local Help Desk and Diagnostic
Center. Juvenile Justice programs overall are hit particularly
hard, including the elimination of the Community-Based Violence
Initiative, the National Forum on Youth Violence, and the Local
Delinquency Prevention Incentive Grant program.
The most egregious of these cuts is the reduction for the
Community Oriented Policing Services (COPS) program This
important public safety program is cut by $117.5 million below
FY 2014 and $177.5 million below the request. Had it been
funded at the request, this program would have provided for the
hiring of approximately 1,300 new police officers across the
country.
We are disappointed that none of the Administration's
proposed Access to Justice grant programs were funded in the
bill. These initiatives seek to provide fair and equal access
to justice for everyone regardless of circumstances. Moving
forward, funding for these important programs should be
included in the final FY 2015 CJS Appropriations Act.
SCIENCE
As noted above, the bill provides $5,555,000 for OSTP, the
same as both FY 2014 and the Administration's FY 2015 request.
OSTP plays a critical oversight and coordination function for
science and technology activities across the executive branch,
including an initiative begun at the request of this
subcommittee to better coordinate and strengthen neuroscience
research. We are on the cusp of significant breakthroughs
related to the treatment of brain injuries, cognitive
developmental disorders such as autism, and neurodegenerative
diseases like Parkinson's and Alzheimer's that will have
tremendous implications for the mental health of the American
people and the cost of health care.
The Committee is to be commended for making scientific
research funding a priority in the bill. The bill provides $7.4
billion overall for NSF, $232.3 million above the FY 2014 level
and $149.2 million above the request. For NSF's Research and
Related Activities account, the bill provides $5.97 billion,
$164.7 million above the FY 2014 and $166.2 million above the
request. This increase comes at a time when maintaining the
United States' competitive edge in science and technology is
more important than ever.
The bill provides a healthy overall total of $17.9 billion
for the National Aeronautics and Space Administration (NASA),
$249.5 million above FY 2014 and $435.4 million above the
Administration's request. Within this amount, several valuable
efforts are funded at decent levels, with an especially strong
increase for aeronautics research. In addition, we appreciate
the strong increase above the President's request for NASA's
Planetary Science efforts, particularly for Mars Science and
for a future probe of the Jupiter moon Europa. This funding
will help ensure the United States maintains its international
leadership in solar system exploration. Full funding is
provided for the James Webb Space Telescope, which will greatly
enhance our scientific understanding of planets in other solar
systems and of the origins of the universe.
Furthermore, a strong increase above FY 2014 is provided
for the Commercial Crew program, aimed at ensuring U.S. access
to low Earth orbit on American-made spacecraft. We believe that
this program, which will end U.S. reliance on Russia for
flights to the International Space Station, will also benefit
greatly from competition among multiple U.S. commercial
spaceflight companies. An increase is provided for Space
Technology, though less than the President requested. Finally,
a solid funding level of $32 million is provided for the
Minority University Research and Education program (MUREP), $2
million above FY 2014, although both the Space Grant and
Experimental Program to Stimulate Competitive Research (EPSCOR)
programs are cut below FY 2014.
RELATED AGENCIES
The Legal Services Corporation (LSC) is cut by $15 million
below the FY 2014 level of $365 million, when it should have
received an increase. Misguided cuts to the LSC in FY 2011 and
2012 resulted in the termination of 1,031 full-time staff,
including 406 attorney positions. In addition, grantees have
been forced to close 30 offices, complete 122,000 fewer cases,
and serve 334,000 fewer people. The FY 2013 post-sequestration
level continued this trend even further.
The final FY 2014 CJS Act did provide a $24.1 million
increase above FY 2013 post-sequester. The President recognized
the need for additional funding by recommending $430 million in
FY 2015 for the LSC. We are hopeful that we can reach an
agreement at the end of this process that allows for this level
of funding.
The bill provides $364 million for the Equal Employment
Opportunity Commission, the same as FY 2014 though a decrease
of $1.5 million below the amount requested.
COMMITTEE AMENDMENTS
We are pleased that report language was adopted requiring
the FBI to provide detailed data on record submissions to NICS
by Federal and state agencies. NICS is a vital tool for keeping
firearms out of the hands of dangerous individuals. Without
timely and complete record submissions, however, the NICS
system could be failing to prevent the transfers of guns to
such individuals in many instances. This report language is an
important step toward addressing this problem.
At the same time, however, we are troubled by the inclusion
of gun-related riders, including one that was added to the bill
during Committee markup as a result of an amendment. This
amendment has been included in the House CJS bill before but
has never been enacted into law. It would prevent the
enforcement of an existing requirement that Federal firearms
licensees (FFLs) in four southwest border states report to the
National Tracing Center on the sale of certain kinds of semi-
automatic rifles favored by the Mexican drug cartels. This
reporting requirement is narrow and targeted, applying only to
the four border states (Texas, Arizona, New Mexico and
California), and only when a dealer sells two or more
qualifying long guns to a single individual within five
business days. Qualifying guns are rifles that (1) are semi-
automatic; (2) are greater than .22 caliber; and (3) can hold a
detachable magazine. It does not apply to shotguns or the vast
majority of rifles regularly used for hunting or sporting
purposes.
This reporting requirement is identical to one that has
existed for decades for handguns, and in no way does it hinder
the ability of any law-abiding person to purchase as many
rifles as he desires. It is not an undue burden on FFLs, with
the time to complete a multiple sales form estimated at 12
minutes and an estimated annual cost in employee time of only
$16.
This very limited reporting requirement has proven to be an
important tool for Federal law enforcement in the effort to
uncover illegal trafficking operations intended to supply semi-
automatic weapons to the violent drug gangs across the border.
According to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF), these multiple sales reports have thus far
led to more than 200 defendants recommended for prosecution,
including both alleged straw purchasers and others further up
the firearms trafficking chain. Also according to ATF, the
reporting requirement is forcing firearms traffickers to change
tactics, making straw purchases more difficult and serving as a
deterrent for many people who might have engaged in straw
purchasing in the past.
This is not about gun control or compiling a registry of
long gun owners. Information that does not become part of a
trafficking investigation is purged from ATF records within two
years. This is a law enforcement response to the evidence from
successful tracings of weapons recovered in Mexico. These
tracings show that a large number of these weapons were
initially sold by licensed gun dealers in California, Arizona,
New Mexico, or Texas.
Last year, a unanimous panel of the U.S. Court of Appeals
for the Fifth Circuit affirmed an earlier court finding that
Federal law ``unambiguously authorizes'' this reporting
requirement. This Committee simply has no business in tying the
hands of law enforcement agencies as they attempt to carry out
Federal law.
We are further disappointed that the Committee did not
adopt the Quigley amendment to repeal the permanent restriction
on funding to require FFLs to conduct physical inventories of
their businesses. In its FY 2015 budget request, the
Administration requested language that would have effectively
repealed this restriction, which prevents ATF from implementing
a requirement that would allow law enforcement to be made aware
of lost or stolen firearms in a timely manner. While it is true
that FFLs are already required to keep records of all
individual firearms received and sold, there have been numerous
instances of FFLs losing control of significant portions of
their firearms inventories, often with tragic consequences. For
example, in 2002, John Allen Muhammad, the ``Beltway sniper,''
terrorized the Washington, DC metropolitan area when he and his
teenage accomplice gunned down 10 people over the course of
several weeks. The Bushmaster XM-15 assault rifle used in the
attacks was one of 238 guns that disappeared from the inventory
of Bull's Eye Shooter Supply in Washington state over a three-
year period.
By implementing a requirement that FFLs conduct annual
physical inventories of their firearms businesses, such losses
could be prevented. If FFL acquisition and disposition records
are accurate, then comparing those records to a physical
inventory of the firearms maintained on the FFL's premises
would reveal the extent to which firearms have been lost or
stolen. However, ATF is currently prohibited from requiring
such an inventory, and we are disappointed that the Committee
majority voted against the Quigley amendment.
We are also disappointed that the Committee did not adopt
the Moran amendment to require that gun store employees undergo
background checks. Federal law currently prohibits several
categories of persons from purchasing guns at FFLs, including,
for example, felons and domestic violence misdemeanants.
Likewise, FFL dealers may not themselves be persons already
prohibited from possessing a firearm. However, there is
currently no requirement that FFLs perform criminal background
checks on gun store employees or prospective job applicants.
The Moran amendment is a common sense measure that should be
adopted, and it is nearly identical to a bipartisan bill that
has previously been introduced.
CONCLUSION
We commend Chairman Wolf's efforts and reiterate our strong
support for the many positive aspects of this bill. At the same
time, we reiterate our commitment to continuing to work in a
constructive, bipartisan manner on making the necessary
improvements to this bill.
Nita M. Lowey.
Chaka Fattah.