[Senate Report 114-239]
[From the U.S. Government Publishing Office]
Calendar No. 432
114th Congress } { Report
SENATE
2d Session } { 114-239
======================================================================
DEPARTMENTS OF COMMERCE AND JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2017
_______
April 21, 2016.--Ordered to be printed
_______
Mr. Shelby, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 2837]
The Committee on Appropriations, to which was referred the
bill (H.R. 0000) making appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the
fiscal year ending September 30, 2017, and for other purposes,
reports the same to the Senate with an amendment, and
recommends that the bill as amended do pass. deg.
The Committee on Appropriations reports the bill (S. 2837)
making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2017, and for other purposes, reports
favorably thereon and recommends that the bill do pass.
Total obligational authority, fiscal year 2017
Total of bill as reported to the Senate\1\.............. $65,469,000,000
Amount of 2016 appropriations........................... 65,121,000,000
Amount of 2017 budget estimate.......................... 65,652,349,000
Bill as recommended to Senate compared to--
2016 appropriations................................. +348,000,000
2017 budget estimate................................ -183,349,000
\1\This level does not include -$8,864,000,000 in adjustments that the
Congressional Budget Office [CBO] scores to the bill. With these
scorekeeping adjustments, the bill totals $56,285,000,000 in
discretionary budget authority.
CONTENTS
----------
Page
Purpose of the Bill.............................................. 3
Summary of the Bill.............................................. 3
Fighting Waste, Fraud, and Abuse................................. 4
Reprogrammings, Reorganizations, and Relocations................. 6
Congressional Budget Justifications.............................. 7
Reporting Requirements........................................... 8
Reductions-in-Force.............................................. 8
Appropriations Liaisons.......................................... 8
Title I: Department of Commerce.................................. 9
Title II: Department of Justice.................................. 53
Title III: Science............................................... 98
Office of Science and Technology Policy...................... 98
National Aeronautics and Space Administration................ 99
National Science Foundation.................................. 112
Title IV: Related Agencies....................................... 121
Commission on Civil Rights................................... 121
Equal Employment Opportunity Commission...................... 121
International Trade Commission............................... 122
Legal Services Corporation................................... 123
Marine Mammal Commission..................................... 124
Office of the United States Trade Representative............. 124
State Justice Institute...................................... 125
Title V: General Provisions...................................... 126
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 129
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of
the Senate..................................................... 132
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 133
Budgetary Impact of Bill...................................133
Disclosure of Congressionally Designated Projects...............00 deg.
Comparative Statement of Budget Authority........................ 133
Purpose of the Bill
The bill provides funding for: (1) the Department of
Commerce [DOC]; (2) the Department of Justice [DOJ]; (3)
several independent science agencies: the Office of Science and
Technology Policy [OSTP], the National Aeronautics and Space
Administration [NASA], and the National Science Foundation
[NSF]; and (4) several related commissions and agencies: the
Commission on Civil Rights, the Equal Employment Opportunity
Commission [EEOC], the International Trade Commission [ITC],
the Legal Services Corporation [LSC], the Marine Mammal
Commission, the Office of the United States Trade
Representative, and the State Justice Institute [SJI].
Summary of the Bill
The total amount of discretionary budget authority
recommended by the Committee for fiscal year 2017 is
$56,285,000,000, which is $563,000,000 above the fiscal year
2016 enacted level.
The Committee's recommendation is consistent with the
allocation for the Commerce, Justice, Science, and Related
Agencies appropriations bill. Within these boundaries, the
Committee has achieved a careful balance between the competing
priorities of law enforcement, national security, economic
development, scientific research, and space exploration. As a
result, this bill represents responsible spending that adheres
to congressional budget agreements and provisions.
The Committee notes that the administration's budget
requests for large programmatic increases, coupled with large
amounts of unsubstantiated non-discretionary funding, continue
to add financial pressure on existing core programs and
operations throughout the bill. This remains true for the
Department of Commerce, which is responsible for a variety of
activities critical to our Nation's economic and scientific
well-being, and also manages expensive, high-risk activities,
including the build-up to the 2020 Decennial Census and efforts
to launch the next generation of weather satellites. Strict
oversight and fiscal responsibility are essential for the
Department's success in fiscal year 2017.
This Committee remains supportive of science and
innovation, and has maintained a healthy funding level for NSF
while preserving a balanced and productive space program within
the NASA. Ignoring the proposed funding cuts, this bill makes
it possible for NASA to achieve efficient and cost-effective
operations for the agency's science and exploration missions,
many of which will reach critical stages of development during
fiscal year 2017.
The constantly changing landscape of criminal activity at
home and abroad tests the Department of Justice's ability to
deal with emerging threats. The Committee believes that our
Federal law enforcement agencies must work together--
particularly in tough budget environments--to focus limited
resources in a manner that safeguards taxpayer dollars while
preserving public safety. This bill provides either the full
budget request or at least 1.5 percent increases to our Federal
law enforcement agencies and United States Attorneys, and
maintains strong funding for our State and local justice
grants.
The bill provides $2,957,000,000 to victims and victim
services through the Crime Victims Fund [CVF], which is
$85,000,000 below the fiscal year 2016 enacted level and
$957,000,000 above the request. The Committee notes that the
current estimates of the fund's annual collections are expected
to decrease in fiscal year 2017. Even so, in order to maintain
a comparable level of services for victims from fiscal year
2016 to 2017, the Committee has ensured that the amount
disbursed to States is $2,578,000,000, which matches the 3-year
average of deposits into the CVF, a metric for CVF spending
that has been called for by the Senate Budget Committee.
Balancing the Committee's consistent support for increased
CVF spending with the Committee's concerns for fiscal
oversight, this bill offsets $379,000,000 from the CVF for
victim-related discretionary grants in the DOJ's State and
local accounts, which is the same as the fiscal year 2016 level
and direction. The stagnant fiscal climate, coupled with high
spending out of the CVF and increased demand to provide higher
funding for grant programs, makes supporting important victim-
related programs with discretionary funding unsustainable. As a
result of this offset, overall funding for all of these DOJ
grant programs, which are widely supported by many members of
the Committee, remains close to the fiscal year 2016 enacted
levels in this bill.
Fighting Waste, Fraud, and Abuse
The departments, agencies, boards, and commissions funded
in this bill can and should continue to reduce operating
expenses by placing greater scrutiny on overhead costs. Savings
can and should be achieved by reducing non-essential travel,
office supply, rent, and utility costs. The Committee also
calls on departments, agencies, boards, and commissions funded
in this bill to continue to achieve savings by lowering travel
contractor costs related to air fares. The Committee continues
longstanding restrictions on first class travel.
The Committee is extremely concerned about the persistent
pattern of cost overruns and schedule slippages on major
projects and missions carried out by the agencies within this
bill. In addition, reports have exposed a culture within many
agencies that exhibits a lack of accountability and oversight
of grant funding. Therefore, the Committee has continued bill-
wide provisions to ensure greater oversight and fiscal
responsibility of taxpayer dollars.
First, the bill requires each agency to notify the
Committee immediately upon identification of program cost
overruns greater than 10 percent.
Second, the bill requires the Inspectors General of the
Departments of Commerce and Justice, NASA, NSF, and the Legal
Services Corporation to conduct reviews of grant and contract
funds to ensure funds are being spent appropriately. This bill
increases funding above the fiscal year 2016 level for each of
these offices so that the Inspectors General may conduct
further investigations and audits. For projects with persistent
accountability issues, such as the decennial census and weather
satellites, special funding is provided for additional
Inspector General scrutiny.
Third, the bill requires all departments and agencies to
link all contracts that provide award fees to successful
acquisition outcomes, and prohibits funds to pay for award or
incentive fees for contractors with below satisfactory
performance.
Fourth, the bill requires all departments and agencies
funded in this act to provide full access to documents and data
for their respective Inspectors General to conduct
investigations and audits.
The Committee also supports long-standing provisions that
were once solely included in this bill but have since become
government-wide provisions. These include: requiring each
department, agency, board, and commission funded in this act to
report spending on large conferences with costs in excess of
$100,000 to the Inspectors General for audit; and prohibiting
funds from being used for contracts, memoranda of
understanding, cooperative agreements, grants, or loan
activities if the proposed recipient has unpaid Federal tax
liabilities or was convicted of a felony criminal violation.
Finally, the Committee intends to continue to work with the
Government Accountability Office [GAO] to expand the review of
selected large-scale acquisition and construction projects.
Specifically, the Committee directs ongoing GAO reviews of
large NASA projects and separate reviews of the James Webb
Space Telescope, with reports to the Committee on a biannual
basis. In this report, the Committee also directs GAO to review
major research equipment and facilities construction at the
National Science Foundation.
Agencies shall provide access to all necessary data, as
determined by the GAO, in order for these reviews to be
completed and provided in a timely manner to the Committee. The
Committee believes that these project status reports are
valuable in identifying cost overrun and schedule slippage
problems early so they can be addressed immediately and has
used information in the reviews to develop this recommendation.
Representation Funds.--The Committee has reduced official
reception and representation funds by 25 percent since fiscal
year 2011, and has denied all fiscal year 2017 budget requests
to establish new reception funds for accounts in this bill.
Modest representation funds are included for agency executives
to provide necessary courtesies to our diplomatic partners and
hold events to honor fallen officers, or to mark historic
occasions such as space exploration missions or significant
discoveries. However, savings can and should be achieved by
reducing the costs of executive meetings, receptions,
ceremonies, and conferences, and by purchasing fewer
promotional items such as T-shirts, hats, mugs, key chains, and
other similar items.
Federal Vehicle Fleet Management.--The General Services
Administration [GSA] issues guidance on Federal fleet
management, but the Federal vehicle fleet is decentralized,
with each agency maintaining flexibility to manage vehicle
utilization as appropriate. A January 2016, GAO report that
audited five Federal agencies, including NASA, found
discrepancies related to poor vehicle utilization rates and a
lack of documentation justifying the agency's need for several
vehicles. In order to provide better transparency and
accountability of funding for Federal vehicles, the Committee
directs agencies funded in this bill to conduct an annual
review of fleet utilization during the third quarter of each
fiscal year and provide their corresponding Offices of
Inspectors General [OIGs] with supporting documentation on the
method used for determining optimal fleet inventories and
justification for any deviation from GSA's Federal Property
Management Regulations. OIGs shall be responsible for
conducting annual audits of fleet management practices and make
the subsequent results for non-law enforcement sensitive
agencies publicly available.
Reducing Duplication and Improving Efficiencies.--Over the
last 6 years, the Government Accountability Office [GAO] has
published duplication reports that have exposed 200 areas of
potential duplication and overlap, revealing more than 1,100
potentially duplicative Federal programs that cost taxpayers
tens of billions of dollars every year. GAO has noted that the
Nation has achieved roughly $10,000,000,000 in savings based on
these reports, but many more efficiencies may be realized. The
Committee directs each agency funded in this bill to report to
the Committee, within 1 year of enactment of this act, on all
efforts made to address the duplication identified by the
annual GAO reports along with identifying substantive
challenges and legal barriers to implementing GAO's
recommendations, along with suggested legislative
recommendations that could help the agency to further reduce
duplication.
Reprogrammings, Reorganizations, and Relocations
Section 505 contained in the ``General Provisions'' of
title V provides procedures for the reprogramming of funds. To
reprogram is to change the use of funds from the specific
purposes provided for in the act and the accompanying report
or, in the absence of direction from the Committee, from the
specific purposes provided for in the administration's budget
request. Each title of the bill has also traditionally included
separate provisions that define permissible transfers of
resources between appropriation accounts. These transfer
authority provisions are also pursuant to section 505 and were
initiated in the early 1990s to provide additional flexibility
to the agencies under the subcommittee's jurisdiction.
The Committee expects each department and agency to closely
follow the reprogramming procedures listed in section 505.
These procedures apply to funds provided under this act,
provided under previous appropriations acts that remain
available for obligation or expenditure in fiscal year 2017, or
provided from any accounts in the Treasury available to the
agencies funded by this act. Section 505 requires that the
Committee on Appropriations be notified by letter, at least 15
days prior to reprogramming of funds, whether permanent or
temporary, in excess of $500,000 or 10 percent, whichever is
less, between programs, projects, or activities. Section 505 of
this act is also applicable in cases where funding for an
activity is reduced by 10 percent. In addition, the Committee
is to be notified of reprogramming actions which are less than
these amounts if such actions would have the effect of:
committing the agency to significant funding requirements in
future years; increasing funds or personnel by any means for
any program, project, or activity for which funds have been
previously denied or restricted by Congress; creating new
programs, offices, agencies, or commissions or substantially
augmenting existing programs, offices, agencies, or
commissions; relocating offices or employees; or reorganizing
offices, programs, or activities.
The Committee also expects that any items that are subject
to interpretation will be reported. The Committee is concerned
that, in some instances, the departments or agencies funded
within this appropriations act are not adhering to the
Committee's reprogramming guidelines that are clearly set forth
in this report and in section 505 of the accompanying bill. The
Committee expects that each department and agency funded in the
bill will follow these notification policies precisely and will
not reallocate resources or reorganize activities prior to
submitting the required notifications to the Committee.
The reprogramming process is based on comity between the
Appropriations Committee and the administration. The Commerce,
Justice, Science, and Related Agencies appropriations bill
provides specific program guidance throughout this report and
tables accompanying the bill. The process is intended to
provide flexibility to meet changing circumstances and
emergency requirements of agencies, if there is agreement
between the executive branch and the Congress that such a
change is warranted. Reprogramming procedures provide a means
to agree on adjustments, if necessary, during a fiscal year,
and to ensure that the Committee is kept apprised of instances
where nonappropriated resources are used to meet program
requirements, such as fee collections and unobligated balances
that were not considered in the development of the
appropriations legislation.
In the absence of comity and respect for the prerogatives
of the Appropriations Committees and Congress in general, the
Committee will have no choice but to prescribe specific program
limitations and details legislatively. Under these
circumstances, programs, projects, and activities become
absolutes and the executive branch would lose the ability to
propose changes in the use of appropriated funds through the
reprogramming process between programs, projects, and
activities without seeking some form of legislative action.
The Committee expects each executive branch department and
agency to manage its programs, projects, and activities within
the levels appropriated. Reprogramming or transfer requests
shall be submitted only in the case of an unforeseen emergency
or situation that could not have been anticipated when
formulating the budget request for the current fiscal year.
Congressional Budget Justifications
The Committee directs that all departments and agencies
funded within this bill shall submit all of their fiscal year
2018 budget justifications concurrently with the official
submission of the administration's budget to Congress. Further,
all departments and agencies with classified programs funded
within this act are directed to submit their classified budget
justification documents to the Committee, through appropriate
means, at the same time the unclassified budget justifications
are transmitted.
These justifications shall include a sufficient level of
detailed data, exhibits, and explanatory statements to support
the appropriations requests, including tables that outline each
agency's programs, projects, and activities for fiscal years
2017 and 2018. For example, when requesting an enhancement of
resources, the justification should detail the existing program
and what the new resources would buy. The Committee directs the
chief financial officer of each department or agency funded in
this act's jurisdiction to ensure that adequate justification
is given to each increase, decrease, and staffing and function
change proposed in the fiscal year 2018 budget, particularly
within the departmental operations and management accounts.
The Committee expects that the fiscal year 2018 submissions
will include sufficient detail to justify all programs,
projects, and activities contained in each department, agency,
or commission budget request. Budget justifications are
prepared not for the use of the agencies but are the primary
tool of the Committee to evaluate the resource requirements and
proposals requested by the administration.
Reporting Requirements
The Committee directs the departments and agencies funded
in this bill to submit reports by the deadlines detailed herein
or to provide advance notification if there is sufficient
reason why deadlines cannot be met, along with the expected
date of submission.
The Committee also recognizes that some enduring reporting
requirements from previous Appropriations laws may no longer be
necessary for Congressional oversight purposes. In the interest
of reducing government waste and expediting responses to
current report mandates, each department or agency is invited
to submit a list of reporting requirements that it considers
outdated or no longer relevant for the review of the Committees
on Appropriations. Any list submitted for review shall cite the
original authority as well as a justification for eliminating
each reporting requirement.
Reductions-in-Force
The Committee directs departments or agencies funded in the
accompanying bill that are planning to conduct a reduction-in-
force [RIF] to notify the Committee in writing 30 days in
advance of the date of the proposed personnel action.
Appropriations Liaisons
The Committee prefers to channel the majority of its
inquiries and requests for information and assistance through
the budget offices or comptroller offices of the departments
and agencies which it oversees but reserves the right to call
upon any individual or organization in any agency under its
jurisdiction.
TITLE I
DEPARTMENT OF COMMERCE
The Committee recommends a total of $9,316,456,000 for the
Department of Commerce [DOC]. The recommendation is $70,815,000
above the fiscal year 2016 enacted level and $411,723,000 below
the budget request.
The Department of Commerce is responsible for a variety of
activities critical to our Nation's well-being, including
economic development, intellectual property protection,
standards and measurements, trade enforcement, weather
forecasting, and fisheries management. Our Nation relies on the
Department to maintain America's competitiveness within today's
foreign markets while promoting and expanding international
trade opportunities. The Department brings together a diverse
set of bureaus, specialized experts, research laboratories, and
applied technology programs to support and expand opportunities
for growth in the private sector. Few departments have such
potential to directly impact the strength and sustainability of
our communities and local businesses.
International Trade Administration
OPERATIONS AND ADMINISTRATION
Appropriations, 2016.................................... $493,000,000
Budget estimate, 2017................................... 533,421,000
Committee recommendation................................ 495,000,000
The Committee's recommendation provides $495,000,000 for
the International Trade Administration [ITA]. The
recommendation is $2,000,000 above the fiscal year 2016 enacted
level and $38,421,000 below the budget request. The
appropriation is offset by $12,000,000 in fee collections.
Offsetting Fee Collections.--ITA shall continue to identify
and include an accurate assessment of expected fee collections
and corresponding expenditures in its fiscal year 2017 spending
plan and in its fiscal year 2018 budget request.
Trade Enforcement.--The Committee provides the requested
funding level for the Office of Enforcement and Compliance. ITA
should make enforcement of antidumping and countervailing
duties a priority, including thoroughly investigating dumping
and subsidies causing injury to domestic businesses and
expeditiously reducing trade remedy case backlogs.
Additionally, the Committee notes that funding formerly
requested for the Interagency Trade Enforcement Center has been
moved from ITA to the Office of the United States Trade
Representative following passage of the Trade Facilitation and
Trade Enforcement Act of 2015 (Public Law 114-125). As such, no
funds are provided for these activities in ITA, but ITA shall
continue to collaborate with all other Federal trade agencies
to ensure U.S. trade laws and agreements are enforced fairly.
U.S. and Foreign Commercial Service.--The U.S. and Foreign
Commercial Service [US&FCS] provides significant value to U.S.
businesses looking to expand overseas export opportunities.
Given the export potential of emerging and developing economies
in Asia and other foreign markets, expanding market access and
export opportunities is critical for economic growth in the
United States. Therefore, the Committee directs ITA to fund
US&FCS, and its core mission of export promotion, at the
highest possible level in fiscal year 2017, and at no less than
the amount provided in fiscal year 2016.
Sub-Saharan Africa.--In addition to offering unique export
opportunities for U.S. businesses, increased trade activities
in developing markets can help promote stability, security, and
economic growth overseas that benefit U.S. security interests.
While the Committee supports trade promotion activities in
emerging markets, these activities should not be prioritized
over trade promotion in developing markets, particularly those
in Sub-Saharan Africa. The Committee encourages ITA to
maintain, and when feasible, expand the number of Foreign
Commercial Service officers and support staff in developing
markets overseas.
SelectUSA.--Up to $10,000,000 is provided for SelectUSA,
except that none of the funds provided may be used to
facilitate foreign direct investment in the United States
unless an updated protocol to ensure that SelectUSA activities
do not encourage such investments in the United States by
State-owned entities is delivered to the Committee within 30
days of enactment of this act.
China Antidumping and Countervailing Duty Activities [AD/
CVD].--The Committee provides no less than $16,400,000 for
China AD/CVD enforcement and compliance activities.
Survey of International Air Travelers.--Within funds
provided, ITA is encouraged to increase the sample size for the
Survey for International Air Travelers.
World Expositions and Fairs.--The Committee encourages the
Department of Commerce to coordinate with the Department of
State in planning future U.S. participation in world expos and
fairs, including collaborating with private sector
organizations, business leaders, and State and local government
officials seeking to host an expo or fair in the United States.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
Appropriations, 2016.................................... $112,500,000
Budget estimate, 2017................................... 126,945,000
Committee recommendation................................ 112,500,000
The Committee's recommendation provides $112,500,000 for
the Bureau of Industry and Security [BIS]. The recommendation
is equal to the fiscal year 2016 enacted level and $14,445,000
below the budget request.
BIS is the principal agency involved in the development,
implementation, and enforcement of export controls for
commercial technologies and for many military technologies as a
result of the President's export control reform initiative. The
Export Enforcement Division detects, prevents, investigates,
and assists in the sanctioning of illegal exports of such
items.
Export Control Reform.--The Committee directs BIS to
continue its exporter outreach program to educate companies of
all sizes on the new regulatory requirements resulting from
export control reform. In this effort, BIS should continue
targeting small- and medium-sized businesses and working with
State and local trade and export associations, in addition to
working with national industry groups.
Economic Development Administration
Appropriations, 2016.................................... $261,000,000
Budget estimate, 2017................................... 258,454,000
Committee recommendation................................ 254,000,000
The Committee's recommendation provides $254,000,000 for
the Economic Development Administration [EDA]. The
recommendation is $7,000,000 below the fiscal year 2016 enacted
level and $4,454,000 below the budget request.
EDA provides grants to local governments and nonprofit
agencies for public works, planning, and other projects
designed to facilitate economic development. Funding amounts
for the two appropriations accounts under this heading are
displayed below.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
Appropriations, 2016.................................... $222,000,000
Budget estimate, 2017................................... 215,000,000
Committee recommendation................................ 215,000,000
The Committee's recommendation provides $215,000,000 for
Economic Development Assistance Programs. The recommendation is
$7,000,000 below the fiscal year 2016 enacted level and equal
to the budget request. EDA is directed to focus on its core
programs and mission to aid the most distressed communities
across the country. The Committee expects EDA to use all
available carryover and prior year recoveries to the maximum
extent possible. EDA shall consider geographic equity in making
all award decisions and shall ensure that rural projects are
adequately represented among those selected for funding. Of the
amounts provided, funds are to be distributed as follows, and
any deviation of funds shall be subject to the procedures set
forth in section 505 of this act:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Public Works............................................ 100,000
Economic Adjustment Assistance.......................... 36,500
Trade Adjustment Assistance for Firms................... 13,000
Regional Innovation Program............................. 20,000
Partnership Planning.................................... 33,000
Technical Assistance.................................... 11,000
Research and Evaluation................................. 1,500
---------------
Total............................................. 215,000
------------------------------------------------------------------------
Economic Adjustment Assistance [EAA].--EAA is EDA's most
flexible economic development program, which provides access to
appropriate funding for everything from disaster recovery to
business accelerators and incubators. Within funding for EAA,
the Committee provides no less than the fiscal year 2016
enacted level to support EDA's collaborations with the Delta
Regional Authority and Appalachian Regional Commission to
assist distressed communities. The Committee encourages EDA to
work with communities researching and developing new
construction technologies such as engineered wood products.
Furthermore, the Committee provides up to $2,000,000 for
innovative energy efficiency grants under EAA.
Regional Innovation Program.--The Committee provides
$20,000,000 to EDA for grants under the Regional Innovation
Program [RIP] as authorized under the Revitalize American
Manufacturing and Innovation Act of 2014 (Public Law 113-235).
RIP awards competitive grants to regional entities in support
of innovation and entrepreneurship. EDA shall continue to
ensure that RIP awards go to multiple grantees in multiple and
diverse geographic areas.
In addition, the Committee directs EDA to invest in
university-based, high-tech business incubators to encourage
entrepreneurship and promote technology commercialization
through business startups. EDA should prioritize funds for
incubator projects where a State has made significant financial
commitment to establishing an incubator program.
Furthermore, within funds provided for RIP, $3,000,000
shall be for cluster grants to support nonprofit, job-creating,
revolving, equity-based seed capital funds.
Job Losses From Nuclear Power Plant Closures.--The
Committee notes that recent closures of nuclear power plants
throughout the United States have had a negative impact on the
economic foundations of surrounding communities, and there is
potential for additional plant closures in the coming years.
The Committee encourages EDA to help identify and develop best
practices to assist communities affected by nuclear power plant
closures, including the coordination of economic development
efforts across multiple States or Economic Development
Districts. Additionally, the Committee reiterates that
communities facing significant job losses are eligible for all
EDA programs.
Revolving Loan Fund.--The Committee recognizes the
importance of EDA's Revolving Loan Fund program investments to
spur economic prosperity in distressed communities, but is
concerned about the reporting burden on grantees that persists
even after Federal capitalization funds are lent and repaid.
EDA is encouraged to review its reporting requirements with the
aim of reducing the reporting burden without affecting EDA's
ability to oversee execution of Revolving Loan Fund grants. EDA
is directed to submit a report to the Committee not later than
120 days after enactment of this act on the potential to reduce
this burden, including whether any regulatory or legislative
changes may be required.
Investing in Manufacturing Communities Partnership Program
[IMCP].--The Committee notes that no funding has been requested
and no funding is provided for the Investing in Manufacturing
Communities Partnership Program [IMCP] for fiscal year 2017.
The Committee remains concerned with the underlying premise of
IMCP and the potential for negative impacts on communities not
designated under the IMCP program. Instead, the Department is
directed to better utilize existing programs to assist various
types of distressed communities across the country using a
bottom-up, demand-driven approach to manufacturing investment.
SALARIES AND EXPENSES
Appropriations, 2016.................................... $39,000,000
Budget estimate, 2017................................... 43,454,000
Committee recommendation................................ 39,000,000
The Committee's recommendation provides $39,000,000 for
salaries and expenses. The recommendation is the same as the
fiscal year 2016 enacted level and $4,454,000 below the budget
request.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
Appropriations, 2016.................................... $32,000,000
Budget estimate, 2017................................... 35,613,000
Committee recommendation................................ 32,000,000
The Committee's recommendation provides $32,000,000 for the
Minority Business Development Agency [MBDA]. The recommendation
is equal to the fiscal year 2016 enacted level and is
$3,613,000 below the budget request. MBDA is the only Federal
agency dedicated to promoting the growth of minority-owned
firms and assists small, medium, and large minority business
enterprises to increase revenues and create jobs.
Economic and Statistical Analysis
SALARIES AND EXPENSES
Appropriations, 2016.................................... $109,000,000
Budget estimate, 2017................................... 114,643,000
Committee recommendation................................ 109,000,000
The Committee's recommendation provides $109,000,000 for
Economic and Statistical Analysis [ESA]. The recommendation is
the same as the fiscal year 2016 enacted level and $5,643,000
below the budget request. ESA conducts research to provide a
better understanding of the U.S. economy, which helps
Government make more informed policy decisions.
Within funds provided, ESA is encouraged to move forward
with the development of the proposed Regional Economic
Dashboard, including improved local area statistics and
providing gross domestic product data by county and to work
with the Census Bureau on efforts to accelerate and improve the
quality of economic indicators. Additionally, the Committee
supports the Bureau of Economic Analysis's ongoing
collaboration with the Federal Recreation Council and other
Federal agencies to quantify the outdoor recreation sector's
contributions to the U.S. economy.
Bureau of the Census
Appropriations, 2016.................................... $1,370,000,000
Budget estimate, 2017................................... 1,633,606,000
Committee recommendation................................ 1,518,319,000
The Committee's recommendation provides $1,518,319,000 for
the Census Bureau. The recommendation is $148,319,000 above the
fiscal year 2016 enacted level and $115,287,000 below the
budget request.
CURRENT SURVEYS AND PROGRAMS
Appropriations, 2016.................................... $270,000,000
Budget estimate, 2017................................... 285,287,000
Committee recommendation................................ 270,000,000
The Committee's recommendation provides $270,000,000 for
current surveys and programs. The recommendation is the same as
the fiscal year 2016 enacted level and $15,287,000 below the
budget request. This account provides for the salaries and
expenses associated with the statistical programs of the Bureau
of the Census, including measurement of the Nation's economy
and the demographic characteristics of the population.
PERIODIC CENSUSES AND PROGRAMS
Appropriations, 2016.................................... $1,100,000,000
Budget estimate, 2017................................... 1,348,319,000
Committee recommendation................................ 1,248,319,000
The Committee's recommendation provides $1,248,319,000 for
periodic censuses and programs. The recommendation is
$148,319,000 above the fiscal year 2016 enacted level and
$100,000,000 below the budget request.
This account provides for the constitutionally mandated
Decennial Census as well as other cyclical programs.
Additionally, individual surveys are conducted for other
Federal agencies on a reimbursable basis.
Oversight of Periodic Census Programs.--The Committee's
recommendation provides $2,580,000 for the Office of Inspector
General [OIG] to continue oversight and audits of periodic
censuses and to provide the Bureau and Congress with
independent recommendations for improving operations, which
will be useful for oversight of the 2020 Decennial Census. The
Committee directs the Bureau to incorporate the OIG's
recommendations.
Quarterly Status Reports.--The Census Bureau is directed to
continue its quarterly status reports to the Committee as it
prepares for the 2020 Decennial Census.
2020 Decennial Census.--The Census Bureau is directed to
prioritize spending for activities that have the greatest
potential to reduce cost and risk for the 2020 Census.
Controlling costs for the 2020 Decennial Census remains a top
oversight concern for the Committee. The Bureau shall continue
to work to bring down the cost of the 2020 Decennial Census to
a level less than the 2010 Census, not adjusting for inflation.
The Committee is mindful of the Bureau's efforts and expects
that the increased testing early in this decennial cycle will
result in significant cost savings over the course of the
entire 2020 Census.
Administrative Records.--The Census Bureau plans to save
money during the 2020 Decennial Census cycle by using existing
records and data to reduce unnecessary and costly duplication
and to conduct more efficient non-response follow up. The
Bureau is directed to work with Federal, State, tribal, local,
and other partners to obtain the necessary records.
Census Enterprise Data Collection and Processing.--The
Committee supports the Bureau's development of more cost
efficient and secure data processing in advance of the 2020
Census through the Census Enterprise Data Collection and
Processing [CEDCaP] initiative. This initiative is
consolidating IT programs and reducing costs by retiring
multiple redundant and survey-specific systems and by bringing
many of the Census Bureau's total IT expenditures into a single
integrated and scalable system. Plans in fiscal year 2017
include use of the CEDCaP in supporting the Economic Census and
2017 Census Test.
The Committee directs the Bureau to ensure that cost
estimates and implementation timelines are maintained and that
the CEDCaP system is fully secured against cyber attacks and
intrusions before any part of the system becomes operational.
The Bureau is directed to cooperate with the OIG on all
oversight activities for this system.
American Community Survey [ACS].--The Committee supports
the ACS and directs the Bureau to continue using the ACS as a
testbed for innovative survey and data processing techniques
that will help to save money and reduce risk during the 2020
Census cycle. The Committee also notes that ACS is often the
primary or only source of data available to States, localities,
and Federal agencies that need adequate information on a wide
range of topics, including the needs of veterans, retirees, and
families with school-age children, in order to reliably serve
those communities. The ACS is especially important to Americans
who live in small towns and rural areas, as this survey often
provides the only reliable and consistent source of information
about these communities. The Committee directs the Bureau to
again provide an update to the Committee on efforts to evaluate
and, where possible, to reduce the number of questions included
in the ACS, and the steps being taken to ensure that the ACS is
conducted as efficiently and unobtrusively as possible.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
Appropriations, 2016.................................... $39,500,000
Budget estimate, 2017................................... 50,841,000
Committee recommendation................................ 39,500,000
The Committee's recommendation provides $39,500,000 for
National Telecommunications and Information Administration
[NTIA] salaries and expenses. The recommendation is the same as
the fiscal year 2016 enacted level and $11,341,000 below the
budget request.
The Committee retains language from previous years allowing
the Secretary of Commerce to collect reimbursements from other
Federal agencies for a portion of the cost resulting from the
coordination of spectrum management, analysis, and operations.
NTIA shall submit a report to the Committee no later than June
1, 2017, detailing the collection of reimbursements from other
agencies.
Broadband.--The Committee's recommendation does not include
any funding to make new broadband grant awards. However, the
Committee supports the continued monitoring of existing
broadband grants for financial oversight and accountability
purposes, and directs NTIA to ensure that funds are used
appropriately by recipients.
Federal Spectrum Management.--The Committee directs NTIA to
continue to evaluate options for repurposing spectrum for
broadband in support of the President's goal of making 500
megahertz [MHz] of spectrum available for wireless broadband
use. NTIA shall also provide the Committee with quarterly
updates on making 500 MHz of spectrum available for commercial
mobile use, including the strategy for freeing up additional
spectrum from Federal agencies.
Spectrum Relocation Fund Report.--No less than 180 days
after enactment of this act, NTIA shall consult with the Office
of Management and Budget and produce a report to the Committee
with recommendations on options to reform the Spectrum
Relocation Fund addressing how the Fund could cover costs
incurred by Federal entities related to sharing radio frequency
bands with radio technologies conducting unlicensed operations.
Internet Corporation for Assigned Names and Numbers
[ICANN].--The Committee remains concerned that the Department
of Commerce, through NTIA, has not been a strong advocate for
American companies and consumers and urges greater
participation and advocacy within the Governmental Advisory
Committee [GAC] and any other mechanisms within ICANN in which
NTIA is a participant. The Committee strongly encourages NTIA
to be an active supporter of the interests of the Nation within
ICANN and to ensure that the principles of accountability,
transparency, security, and stability of the Internet are
maintained for consumers, businesses, and Government.
Internet Governance.--The Committee understands that NTIA
plans to transition the agency's technical stewardship of the
Internet Assigned Numbers Authority [IANA] and that NTIA is
currently evaluating a transition plan submitted by ICANN. The
current IANA contract expires at the end of September 2016, and
at this time, NTIA is preparing to evaluate its existing option
to extend that contract while reviewing the transition plan.
The Committee continues to be concerned about this process and
the security of the .gov and .mil domains. The Committee
directs NTIA to continue quarterly reports to the Committee on
all aspects of the transition process, and further directs NTIA
to inform the Committee and the Senate Committee on Commerce,
Science and Transportation not less than 45 days in advance of
any decision with respect to a successor contract.
Internet of Things.--The Committee supports NTIA's April 6,
2016, Request for Comment in the Federal Register soliciting
input on the potential benefits and challenges of technology
related to the ``Internet of Things'' and what role, if any,
the U.S. Government should play in this area. The Committee
encourages NTIA to continue its consideration of how to
appropriately plan for and encourage the proliferation of
network connected devices, including soliciting input from:
industry stakeholders; subject matter experts; businesses,
including small- and medium-sized businesses; consumer groups;
and relevant Federal agencies.
FirstNet.--The Committee is supportive of FirstNet
continuing a funding agreement with the Department of
Commerce's Inspector General for the purposes of oversight and
accountability of FirstNet through the end of fiscal year 2017.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION
The Committee provides bill language allowing the NTIA to
continue oversight and administration of previously awarded
grants. NTIA shall not use unobligated balances to award new
grants.
United States Patent and Trademark Office
(INCLUDING TRANSFER OF FUNDS)
SALARIES AND EXPENSES
Appropriations, 2016.................................... $3,272,000,000
Budget estimate, 2017................................... 3,230,000,000
Committee recommendation................................ 3,230,000,000
The Committee's recommendation provides $3,230,000,000 for
the United States Patent and Trademark Office [USPTO], which is
$42,000,000 below the fiscal year 2016 enacted level and equal
to the budget request, to be derived from offsetting fee
collections. Since fiscal year 2005, the Committee has refused
to divert patent fees to other purposes. This decrease is due
to a decrease in patent fee collections.
USPTO examines patent applications, grants patent
protection for qualified inventions, and disseminates
technological information disclosed in patents. USPTO also
examines trademark applications and provides Federal
registration to owners of qualified trademarks.
Budget Execution.--The Committee continues to allow USPTO
full access to patent and trademark fees and provides bill
language allowing USPTO to retain any revenue in excess of
appropriated levels.
Transfer to Office of Inspector General.--The Committee
provides $2,000,000 for the Office of Inspector General [OIG]
to continue oversight and audits of USPTO operations and budget
transparency, and USPTO is directed to work with the Department
of Commerce to implement all OIG recommendations.
Reprogramming and Spend Plan.--USPTO shall follow the
reprogramming procedures outlined in section 505 of this act
before using excess fee collections to forward fund expenses
beyond fiscal year 2017. Any deviations from the funding
distribution provided for, including carryover balances, are
subject to the standard reprogramming procedures set forth in
section 505 of this act. USPTO is directed to provide, as part
of the spending plan required in section 533 of this act, all
carryover balances from previous fiscal years, and a
description of any changes to the patent or trademark fee
structure. Any changes from the spending plan shall also be
subject to section 505 of this act. USPTO is directed to submit
all reprogramming requests, spending plans, and budget
justifications to the Committee through the Department of
Commerce.
National Institute of Standards and Technology
Appropriations, 2016.................................... $964,000,000
Budget estimate, 2017................................... 1,014,519,000
Committee recommendation................................ 974,000,000
The Committee's recommendation provides $974,000,000 for
the National Institute of Standards and Technology [NIST]. The
recommendation is $10,000,000 above the fiscal year 2016
enacted level and $40,519,000 below the budget request. Up to
$9,000,000 may be transferred from the Scientific and Technical
Research and Services account to the Working Capital Fund.
NIST's mission is to promote U.S. innovation and industrial
competitiveness by advancing measurement science, standards,
and technology in ways that enhance economic security and
improve our quality of life.
A description of each NIST account and the corresponding
Committee recommendation follows in the subsequent three
headings.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $690,000,000
Budget estimate, 2017................................... 730,533,000
Committee recommendation................................ 700,000,000
The Committee's recommendation provides $700,000,000 for
NIST research and services. The recommendation is $10,000,000
above the fiscal year 2016 enacted level and $30,533,000 below
the budget request. The Committee requests a detailed spending
plan for NIST's highest priority laboratory programs describing
resources used for each program, project, or activity.
The Committee provides $75,700,000 for cybersecurity
activities within NIST, an increase of $1,500,000 above the
fiscal year 2016 level. This includes $33,000,000 for the
National Cybersecurity Center of Excellence [NCCoE], $4,000,000
for the National Initiative for Cybersecurity Education to
address the need for a well-trained cybersecurity workforce,
and $38,700,000 for cybersecurity research and development.
National Cybersecurity Center of Excellence.--The Committee
is encouraged by the work conducted to date by the NCCoE and
the growing partnerships it is developing with private
industry. The NCCoE is a model of collaboration through which
the Federal Government, industry, and academia work together to
solve daunting cybersecurity challenges. The Committee
recommends that NIST continue to work in concert with its
public, State, and county partners to encourage co-location of
companies involved in NCCoE activities, which will encourage
further innovation by leveraging the development of new
applications, business use cases, and technology transfer among
all stakeholders.
In fiscal year 2016, the Committee directed the NCCoE to
absorb the activities and mission of the National Strategy for
Trusted Identities in Cyberspace. Not later than 90 days after
enactment of this act, the NCCoE shall submit a report to the
Committee on how the expanded Center will continue to leverage
expertise from both programs to contribute to the greater
mission of improving cybersecurity in the public and private
sectors.
Cybersecurity Research and Grants.--The Committee
encourages DOC to fund multidisciplinary programs of study and
research that focus on tackling cybersecurity issues on a
global scale. When establishing criteria for external grant
funding, consideration should only be given to institutions of
higher education, including community colleges, designated by
the National Security Agency as Centers of Academic Excellence
for Information Assurance Education and Centers for Academic
Excellence for Information Assurance Research.
Forensic Science.--The Committee provides no less than the
fiscal year 2016 enacted level for the Forensic Science Center
of Excellence. The Committee recommends that NIST continue to
work in concert with statisticians and researchers in related
scientific fields to bring additional scientific resources and
expertise to the practice and application of forensic science.
Additionally, within funds provided, NIST is encouraged to work
with the forensic science community to establish developmental
validation standards for forensic science test methodologies.
Disaster Resilient Buildings.--The Committee recognizes the
importance of industry and municipal standards to better
mitigate the impact of natural disasters and extreme weather
events, which can save lives, reduce destruction to property,
and enable faster economic recovery. Current building codes
often do not provide the necessary protection against natural
hazards, particularly with regard to enabling immediate
occupancy after a significant earthquake, hurricane, tornado,
flood, or other natural disaster. The Committee supports
efforts to promote the use of resilient engineering design and
construction techniques to improve the resiliency of buildings,
homes, and infrastructure, and encourages NIST to partner with
academic research institutions and industry stakeholders that
have expertise in mitigating the effects of natural disasters
to study and recommend best practices for resilient planning
and construction.
Of the amounts provided for Disaster Resilient Buildings
and Infrastructure, not less than $5,000,000 shall be
distributed through competitive external awards to academic
institutions to support the evaluation of potential
technologies and architectural design criteria to aid the
overall effort for science-based building codes to improve
disaster resilience. Additionally, not later than 1 year after
the enactment of this act, NIST, in coordination with other
relevant agencies and standards development organizations,
shall provide to the Committee a plan detailing the basic
research, applied research, and implementation activities
necessary to develop a new ``immediate occupancy'' safety
building performance objective for commercial and residential
properties, as well as the engineering design principles needed
to fulfill this objective.
Helmet Safety.--The Committee is aware of scientific data
that demonstrates a correlation between football-related
collisions and concussions, as well as other traumatic brain
injuries that can lead to debilitating neural diseases such as
dementia and chronic traumatic encephalopathy. The Committee
encourages NIST to investigate an effective national testing
standard to better scientifically understand the inadequacies
of football helmets while exploring future product designs that
can safely reduce the neural risk of playing football. A number
of academic institutions have substantial capabilities and
knowledge of these issues and NIST should work cooperatively
with the academic community by funding research for advanced
helmets and equipment and in developing new testing standards
to ensure player safety.
Metals-Based Additive Manufacturing.--The Committee
provides up to $5,000,000 for competitive external grants for
academic institutions to support research, development, and
workforce training to overcome barriers to high-volume additive
manufacturing of metals. While the Committee is aware of recent
breakthroughs in metals-based additive manufacturing, major
technical barriers still exist to dramatically improving build
rates that would enable commercial markets to benefit from
high-volume, metals-based additive manufacturing. In addition,
NIST is directed to support partnerships and research
opportunities with academic institutions in the advanced
manufacturing of plastics and polymers and to explore ways to
further reduce inefficiencies in the polymer manufacturing and
extrusion process.
Biomanufacturing.--The Committee provides NIST's full
requested level for biomanufacturing activities.
Regenerative Medicine Standards.--The Committee recognizes
the important role of standards in spurring the discovery and
development of new and innovative therapies in regenerative
medicine, cell therapy, and gene therapy, and commends NIST's
ongoing work with its Federal partners and the stakeholder
community to coordinate development of technical process
standards. The Committee directs NIST to continue its work with
regenerative medicine, cell therapy, and gene therapy product
developers, contract manufacturers, private standard setting
bodies, the FDA, and other stakeholders to establish a
strategic plan for the successful establishment and launch of a
standards coordinating body for regenerative medicine to help
develop and disseminate such standards, including a plan for
its governance and activities.
Spectrum Challenge Prize.--The Committee encourages NIST,
subject to the availability of funds, to conduct prize
competitions to dramatically accelerate the development and
commercialization of technology that improves spectrum
efficiency and is capable of cost-effective deployment. NIST is
encouraged to work with the Defense Advanced Research Projects
Agency, the Federal Communications Commission, and other
relevant Federal agencies to assist in the design of the prize
competitions.
Urban Dome Program.--The Committee notes the value of
NIST's Urban Dome program and the importance of accurate
measurement science for environmental monitoring and human
health, as more than half the world's population is living in
urban areas, and this concentration is expected to intensify
over the coming decades. The Committee provides no less than
the fiscal year 2016 amount for the Office of Special Programs
to maintain and expand the number of urban dome locations in
fiscal year 2017.
INDUSTRIAL TECHNOLOGY SERVICES
Appropriations, 2016.................................... $155,000,000
Budget estimate, 2017................................... 188,991,000
Committee recommendation................................ 155,000,000
The Committee provides $155,000,000 for Industrial
Technology Services. The recommendation is equal to the fiscal
year 2016 enacted level and $33,991,000 below the budget
request. Supporting the Nation's manufacturers, especially
small businesses, is critical to keeping America innovative in
a global marketplace.
Hollings Manufacturing Extension Partnership Program
[MEP].--The Committee provides $130,000,000 for MEP. The
Committee supports MEP's focus on strengthening the existing
network of MEP centers and providing additional support to
centers based on the documented performance of the center's
activities and the manufacturing capacity of the area served by
the center.
MEP Cost Share.--The Committee is aware of concerns
regarding the MEP's current cost-share structure. This matter
is still being considered by the Committee on Commerce,
Science, and Transportation. NIST is directed to expeditiously
submit the report mandated by the Committee in fiscal year
2016.
National Network for Manufacturing Innovation.--The
Committee provides $25,000,000 for NIST's activities in the
National Network for Manufacturing Innovation [NNMI], to
include funding for center establishment and up to $5,000,000
for coordination activities. NIST shall follow the direction of
the Revitalize American Manufacturing and Innovation Act of
2014 (Public Law 113-235), which requires open competition to
select the technological focus areas of these industry-driven
institutes.
CONSTRUCTION OF RESEARCH FACILITIES
Appropriations, 2016.................................... $119,000,000
Budget estimate, 2017................................... 94,995,000
Committee recommendation................................ 119,000,000
The Committee provides $119,000,000 for construction of
research facilities. The recommendation is equal to the fiscal
year 2016 enacted level and $24,005,000 above the budget
request.
Building 245.--The Committee provides $60,000,000 for the
continued renovation of NIST's radiation physics laboratories.
NIST is directed to proceed with an aggressive construction and
funding schedule in future budget requests, targeting a
completion and occupancy date not later than fiscal year 2023.
National Oceanic and Atmospheric Administration
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $5,765,579,000
Budget estimate, 2017................................... 5,848,243,000
Committee recommendation................................ 5,691,169,000
The Committee's recommendation provides $5,691,169,000 for
the National Oceanic and Atmospheric Administration [NOAA]. The
recommendation is $74,410,000 below the fiscal year 2016
enacted level and $157,074,000 below the budget request. The
Committee commends the Department for its work to bring down
the costs of NOAA's Procurement, Acquisition, and Construction
[PAC] accounts, which have continuously consumed nearly half of
NOAA's budget. These costs were driven primarily by budget
overruns and schedule slips in NOAA's flagship weather
satellite programs, which limited the resources available for
NOAA's other mission areas. The decrease in PAC resource needs
in fiscal year 2017 reflects the Department's and the
Committee's concerted efforts to rein in costs of NOAA's
satellite programs and put them on a sustainable path. While
overall funding for NOAA is below the fiscal year 2016 level,
the reduction in PAC resource needs alleviates the strain on
other operations and research areas critical to NOAA's core
mission. This allowed for an increase above the fiscal year
2016 enacted level in NOAA's Operations, Research, and
Facilities accounts.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2016.................................... $3,305,813,000
Budget estimate, 2017................................... 3,494,180,000
Committee recommendation................................ 3,339,376,000
The Committee's recommendation provides $3,339,376,000 for
NOAA's operations, research, and facilities. The recommendation
is $33,563,000 above the fiscal year 2016 enacted level and
$154,804,000 below the budget request.
NOAA NATIONAL OCEAN SERVICE
The Committee's recommendation provides $522,071,000 for
the National Ocean Service [NOS]. NOS programs provide
scientific, technical, and management expertise to promote safe
navigation; assess the health of coastal and marine resources;
respond to natural and human-induced threats; and preserve
coastal and ocean environments.
The Committee's recommendations are displayed in the
following table:
NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Navigation, Observations and Positioning:
Navigation, Observations and Positioning........... 149,094
Hydrographic Survey Priorities/Contracts........... 27,000
Integrated Ocean Observing System--Regional 31,500
Observations......................................
----------------
Total, Navigation, Observations and Positioning.. 207,594
================
Coastal Science and Assessment:
Coastal Science, Assessment, Response and 74,177
Restoration.......................................
Competitive External Research...................... 13,000
----------------
Total, Coastal Science and Assessment............ 87,177
================
Ocean and Coastal Management and Services:
Coastal Zone Management and Services............... 42,500
Coastal Management Grants.......................... 85,000
Coral Reef Program................................. 26,100
National Estuarine Research Reserve System......... 23,900
National Marine Sanctuaries........................ 49,800
----------------
Total, Ocean and Coastal Management and Services. 227,300
================
GRAND TOTAL NOS.................................. 522,071
------------------------------------------------------------------------
Navigation, Observations and Positioning.--The Committee
strongly supports activities under Navigation, Observations and
Positioning, including the full operational funding for NOAA's
Navigation Response Teams. In addition, not more than 5 percent
of the funds available for the Hydrographic Surveys and
Contracts program may be used for administrative expenses
within NOAA.
Hydrographic Survey Backlog.--The Committee continues to be
concerned with NOAA's slow progress to reduce the backlog of
hydrographic survey work for navigationally significant areas
in the U.S. Arctic. Within the amount provided for Hydrographic
Survey Priorities/Contracts, NOAA is directed to accelerate the
acquisition of survey data and the preparation of navigation
charts necessary to minimize the risks associated with
increased maritime traffic in the Arctic region.
Geospatial Modeling Grants.--The Committee provides no less
than the fiscal year 2016 enacted level, within Navigation,
Observations and Positioning to continue the competitive
Geospatial Modeling Grants Program for which all funding shall
be distributed externally.
Physical Oceanographic Real-Time System [PORTS].--The
Committee provides no less than the fiscal year 2016 enacted
level for PORTS. The Committee believes these operations, which
exist as a partnership between NOAA and local port authorities,
provide valuable information for safe vessel navigation and
data for weather and coastal monitoring. The Committee
encourages NOAA to request funding that reflects the program's
full costs, including operations and maintenance as authorized
by Hydrographic Services Improvement Act (Public Law 110-386)
in future budget submissions.
Hydrographic Research and Technology Development.--The
Committee supports the requested level and intended use of
funds for Hydrographic Research and Technology Development. The
Committee provides $2,000,000 above the request for NOAA to
designate joint ocean and coastal mapping centers in other
areas of the country to be co-located with an institution of
higher education as authorized by the Omnibus Public Land
Management Act of 2009 (Public Law 111-11). The Committee
emphasizes that additional funding is provided for the
designation of other joint ocean and coastal mapping centers
and therefore should not affect current operations of any
existing center.
Marine Sensor Development.--The Committee supports NOAA's
Alliance for Coastal Technologies [ACT] and notes the program's
valuable expertise in marine sensor technology development, and
provides no less than $1,500,000 for ACT within NOS for fiscal
year 2017.
Coastal Science, Assessment, Response and Restoration.--
Within the funds provided for Coastal Science, Assessment,
Response and Restoration, $2,000,000 shall be for operations
and staffing of the Gulf of Mexico Disaster Response Center
[DRC]. The DRC shall continue to serve as the Gulf Coast hub
for NOAA's emergency preparedness, response, and recovery
operations.
Marine Debris.--The Committee provides $7,034,000 for
NOAA's Marine Debris Program. The Committee strongly supports
ongoing efforts to address marine debris around the country.
NOS is encouraged to prioritize marine debris projects in rural
and remote communities, as well as projects in urban
communities that include removal of abandoned vessels and
pilings that harm the ecosystem and hinder recreational
fishing. Additionally, due to the pervasive impact marine
debris has on coastal waters of the Northern Gulf of Mexico,
NOS is encouraged to work with communities in the Northern Gulf
to help coordinate marine debris removal from waterways and the
ecosystem. Activities under the Marine Debris program should
help lead to the development of cost-effective programmatic
solutions to address land-generated marine debris in all
regions of the country.
Integrated Water Prediction.--Within funding provided for
Coastal Zone Management and Services, the Committee provides
the full requested increase for NOS to help develop and operate
an Integrated Water Prediction program with NOAA's National
Weather Service.
Coastal Management Grants.--The Committee provides
$85,000,000 for Coastal Management Grants. This includes
$70,000,000 for Coastal Zone Management Grants and $15,000,000
for Regional Coastal Resilience Grants [RCRG], which is
$10,000,000 above the fiscal year 2016 level. NOAA is
encouraged to continue developing the RCRG program in
coordination with other ocean and coastal funding opportunities
to ensure that the broadest array of projects, geographic
regions, and research needs for oceans, coasts, and Great Lakes
are met. NOAA is also encouraged to prioritize projects that
are coordinated between State, Federal, and tribal partners;
non-governmental organizations; and academia. However, NOAA may
only award these funds to coastal State projects that have
written support from the State's Governor.
As NOAA explores ways to make coastal areas more resilient,
NOAA should consider depositing up to $10,000,000 from the RCRG
into the National Oceans and Coastal Security Fund for grants
as authorized in the Consolidated Appropriations Act, 2016
(Public Law 114-113), subject to the reprogramming procedures
set forth in section 505 of this act.
Marine National Monuments.--The Committee notes the
possibility of an expansion of existing marine national
monuments in the Pacific. Should such an expansion occur in
calendar year 2016, the Committee directs NOAA to update the
report on marine national monuments required in Senate Report
114-66, and provide revised requirements for enforcement,
research, management needs, and estimated costs within 120 days
of such expansion or enactment of this act, whichever occurs
later. In the event of such an expansion, up to $500,000 of
funds provided for National Marine Sanctuaries may be made
available for competitive research and management grants for
existing marine national monuments administered by NOS,
provided such grants are subject to a 100 percent non-Federal
match.
National Estuarine Research Reserve System.--The Committee
provides $23,900,000 for the National Estuarine Research
Reserve System [NERRS], which is $900,000 above the President's
request and the fiscal year 2016 enacted level. NERRS sites
provide mixed-use areas that are protected for long-term
research, monitoring, education, and coastal stewardship. The
program is a positive example of State and Federal partnership.
NERRS Blue Ribbon Panel and Strategic Plan.--The Committee
applauds the work of the NERRS Blue Ribbon Panel and directs
NOAA to act on its recommendations and complete the strategic
plan for the NERRS system short- and long-term buildout.
Additionally, NOAA is encouraged to increase its monitoring and
research activities with partners through its NERRS, Integrated
Ocean Observing System [IOOS], and National Centers for Coastal
Ocean Science offices to improve and expand a collective state
of the art environmental observing system.
NOAA is further encouraged to work with its NERRS and
National Marine Sanctuary partners on efforts for early
detection, rapid response, and control of invasive species,
especially those that jeopardize endangered or threatened
native species.
NOAA NATIONAL MARINE FISHERIES SERVICE
The Committee's recommendation provides $854,831,000 for
the National Marine Fisheries Service [NMFS]. NMFS programs
provide for the management and conservation of the Nation's
living marine resources and their environment, including fish
stocks, marine mammals, and endangered species.
Committee recommendations are displayed in the following
table:
NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Protected Resources Science and Management:
Marine Mammals, Sea Turtles, and Other Species.... 115,293
Species Recovery Grants........................... 6,500
Atlantic Salmon................................... 6,224
Pacific Salmon.................................... 61,000
-----------------
Total, Protected Resources Science and 189,017
Management.....................................
=================
Fisheries Science and Management:
Fisheries and Ecosystem Science Programs and 139,489
Services.........................................
Fisheries Data Collections, Surveys and 163,876
Assessments......................................
Observers and Training............................ 43,655
Fisheries Management Programs and Services........ 118,850
Aquaculture....................................... 9,300
Salmon Management Activities...................... 31,531
Regional Councils and Fisheries Commissions....... 34,254
Interjurisdictional Fisheries Grants.............. 3,004
-----------------
Total, Fisheries Science and Management......... 543,959
=================
Enforcement........................................... 69,331
=================
Habitat Conservation and Restoration.................. 52,524
=================
GRAND TOTAL NMFS................................ 854,831
------------------------------------------------------------------------
Marine Mammal Protection.--The Committee supports NMFS's
mission under this activity to monitor, protect, and recover
at-risk marine mammal species listed under the Endangered
Species Act [ESA] in 2005, but whose populations continue to
decline. The Committee encourages NMFS to utilize funding for
the protection and recovery of marine mammal species at risk
due to factors such as limited prey species, water-borne toxin
accumulation, and vessel and sound impacts.
Puget Sound Federal Caucus.--The Committee commends NOAA
for signing the Puget Sound Federal Caucus Memorandum of
Understanding [MOU] on May 21, 2014. The recovery and cleanup
of Puget Sound is essential to our Nation's economy, and
continued coordination and sharing of expertise among Federal
partners is critical to furthering current efforts. The
Committee encourages NMFS to work with its counterparts in the
Puget Sound Federal Caucus to renew and strengthen the MOU
prior to its expiration on March 27, 2017.
Hawaiian Monk Seals and Sea Turtles.--Within funding for
Marine Mammals, Sea Turtles, and Other Species, the Committee
provides NOAA's full request for Hawaiian Monk Seals and
Hawaiian Sea Turtles.
Species Recovery Grants.--The Committee provides $6,500,000
for species recovery grants. NOAA is encouraged to seek
efficiencies by aligning the program with the applicable Take
Reduction Plans, as it currently does with the Community Based
Restoration Program and Pacific Coast Salmon Recovery Fund.
Prescott Grants.--Within Marine Mammals, Sea Turtles, and
Other Species, $4,000,000 is provided for the John H. Prescott
Marine Mammal Rescue Assistance grant program.
Marine Mammal Stranding Network Reimbursements.--The
Committee notes that the United States recently reached a
settlement with BP and other parties involved in the 2010 Gulf
oil spill, and directs NOAA to use a portion of the funding
provided under this settlement to reimburse eligible members of
NOAA's Marine Mammal Standing Network for legitimate costs
associated with stranding activities, including the use of
services, personnel, equipment, and facilities provided in
response to the 2010 Deepwater Horizon oil spill.
Atlantic Salmon.--NOAA has identified major threats to
Atlantic salmon, including interrelated effects of freshwater
salmon habitat loss, lost prey buffering, and marine derived
nutrients from declines of co-evolved diadromous species.
Within funds provided, the Committee directs NOAA to enable a
broader use of funds for restoration of diadromous species and
habitats that support salmon recovery by providing ecological
functions critical to the Atlantic salmon life cycle. The
Committee further directs NOAA to ensure that adequate
resources continue to be provided for State agencies to
implement the recovery strategy effectively.
Pacific Salmon.--Within funding provided for Pacific
salmon, NOAA shall consider expanding salmonid monitoring
activities, including through the use of tags and acoustic
tracking to utilize real-time monitoring to avoid impacts to
protected species. NOAA is also encouraged to work with
partners to address the backlog of hatchery genetic management
plans.
Genetic Stock Identification.--The Committee supports
continued research and testing of genetic stock identification
[GSI] management techniques in the Pacific salmon fishery to
meet the dual purpose of protecting weak and ESA listed stocks,
while allowing for sustainable commercial and recreational
access to healthy stocks in the wild. NMFS shall continue to
support GSI research, including the collection, analysis, and
testing of methods that rely on genetics-based data to identify
and track the location of federally protected stocks in the
wild.
Promote and Develop Fisheries Products and Research Funding
Transfer.--The bill maintains the provision restricting the use
of the Promote and Develop Fisheries Products and Research
funds transferred from the Department of Agriculture to NOAA in
a way that better meets the intended purpose of the transfer
mandated by the Saltonstall-Kennedy Act. None of the funds may
be used for internal NOAA or DOC management, but rather funds
may only be used for activities that directly benefit U.S.
fisheries and fishery communities. Specifically, these funds
may only be used for: cooperative research; annual stock
assessments; efforts to improve data collection, including
catch monitoring and reporting for commercial, charter, and
recreational fisheries; interjurisdictional fisheries grants;
and Fisheries Information Networks.
As part of the fiscal year 2017 spending plan, NOAA shall
include a clear accounting of how the Promote and Develop
transfer funds will be allocated based on the funding criteria
described in this bill.
The Committee further directs that not less than 15 percent
of the total amount of the transferred funds shall be provided
for the competitive Saltonstall-Kennedy Grant program. NOAA
shall consult with each Regional Fishery Management Council and
the Marine Fisheries Commissions to identify regional funding
priorities. Prior to the expenditure of any of these funds,
NOAA shall provide the Committee with a detailed spending plan
describing which fisheries activities will be funded in each of
the regions and how the plan incorporates regional priorities.
Red Snapper Stock Assessments.--Within the amount provided
for Fisheries Data Collections, Surveys, and Assessments, the
Committee provides $5,000,000 for the continued development and
implementation of agency-independent and alternative approaches
to research and stock assessments of reef fish in the Gulf of
Mexico. NOAA shall incorporate this independent fishery data
collected on artificial reefs, offshore oil platforms, and any
other offshore fixed energy exploration infrastructure directly
into the agency's stock assessments for reef fish in the Gulf
of Mexico. Furthermore, within funding provided, NOAA shall
develop and support a fishery management pilot program that
allows States to lead reef fish management activities in
designated zones over artificial reefs in the Gulf of Mexico.
Not later than 60 days after enactment of this act, NOAA shall
report to the Committee on how the pilot program will be
implemented.
In addition, if an increase is made to the acceptable
biological catch for red snapper in the Gulf of Mexico as a
result of the direction provided in this report for stock
assessments, the Committee urges NOAA to consider allocating
not less than 80 percent of any total above 10 million pounds
of quota to the recreational sector. While all sectors have
faced challenges in the gulf red snapper fishery, the private
boat recreational sector has been especially impacted.
Ecosystem Imbalance.--NOAA shall take into consideration
any imbalance in the ecosystem that may be occurring between
larger red snapper and other fish species before accepting
amendments to existing regulations or implementing new
regulations that directly affect red snapper quotas in the Gulf
of Mexico.
Epipelagic Apex Predators.--The Committee acknowledges
growing evidence that yellowfin tuna and other epipelagic apex
predators are aggregating at offshore oil platforms in a
similar manner to their more traditional aggregation points.
These offshore platforms may alter yellowfin or other
epipelagic apex predator movements, diet, diseases, growth, age
at maturity, and spawning. However, NOAA lacks fundamental data
on how this new association may impact these important species.
Within funding provided, NOAA shall continue to examine the
impact of offshore oil platforms on the biology of highly
migratory species such as yellowfin tuna.
Fisheries Information Networks.--Within funding provided
for Fisheries Data Collections, Surveys, and Assessments,
$22,500,000 is provided for Fisheries Information Networks.
Marine Recreational Information Program [MRIP].--The
Committee remains concerned about the accuracy of NOAA's stock
assessments and estimates due to a lack of data regarding fish
abundance on reefs and human-made structures. While the
Committee supports NMFS transitioning to an improved method of
estimating total recreational catch, such transition must be
coupled with improved methods of estimating fish populations.
Therefore, no funding is provided to implement the May 5, 2015,
MRIP report titled ``Transition Plan for the Fishing Effort
Survey'' until NMFS stock assessments are sufficiently
advanced, including fully accounting for reef fish inhabiting
areas of artificial reefs and fixed offshore energy
infrastructure. However, funding is provided for NMFS to
continue the development process and public outreach regarding
MRIP's transition plan.
Alaska Region Fisheries Personnel Costs.--Not later than
180 days after the date of the enactment of this act, NOAA
shall report to the Committee on the costs associated with
travel of NMFS personnel to and from research areas in Alaska.
The report shall include an analysis of the costs of NOAA
employees traveling to and from Alaska to conduct fisheries,
marine mammal, and habitat research. The report shall also
include a comparison of those costs to the estimated travel
costs that would be incurred if the same NMFS personnel were
located at the nearest practicable site to their research in
Alaska.
Salmon Management Activities.--Within the amount provided
for Salmon Management activities, the Committee recommends
$12,000,000 to enable States and tribal communities to
implement necessary Pacific Salmon Treaty agreements. The
Committee fully supports all other aspects of the budget
request for Salmon Management activities that are essential to
meeting these treaty obligations. NOAA shall report to the
Committee within 45 days of enactment of this act on all fees
charged by NOAA from the funding provided for Pacific Salmon
Treaty activities. The Committee also provides additional
funding above the request to be used for the operation and
maintenance of Mitchell Act hatcheries. The Committee
encourages NOAA to consider funding for activities to modernize
and expand salmonid research, testing, and monitoring through
use of genetic stock identification management techniques to
improve the protection of federally protected salmonids, while
also improving water supply, commercial fishing, and
recreational fishing. These activities should include the use
of near real-time data to minimize closures of commercial
fisheries.
In addition, the Committee notes the number of California
Sea Lions in the Columbia River Estuary and their impact on
endangered wild salmon survival. NMFS has authorization for the
lethal removal of sea lions in accordance with provisions of
the Marine Mammal Protection Act, meant to reduce the impacts
of sea lion predation on salmon stocks. The Committee
encourages NMFS to review the current lethal removal program in
order to monitor and assess the impacts of removal efforts on
adult spring salmon migration survival within the Columbia
River Estuary and to report its findings to Congress.
Fishery Councils and Commissions.--No less than $34,254,000
is provided to support the Regional Fishery Management
Councils, Interstate Marine Fisheries Commissions, and
International Fisheries Commissions. All amounts provided by
this act for NMFS Regional Councils and Fisheries Commissions,
which are above amounts provided in fiscal year 2016, shall be
distributed in equal proportion between the Councils and the
Interstate Fish Commissions.
Baseline Data for Gulf of Mexico.--The Committee directs
NOAA to continue supporting baseline research for fisheries
health in the Gulf of Mexico, including studies of pelagic
species. NOAA is encouraged to increase and continue
collaborations in the Gulf to establish an integrated and
comprehensive ecosystem-level fisheries monitoring enterprise
and sentinel species program.
Withheld Data from 2010 Gulf Oil Spill.--The Committee is
concerned that NMFS's continued withholding of marine mammal
data and samples, which has persisted in spite of the
resolution of Federal and State claims against BP for the
Deepwater Horizon oil spill in 2010, is preventing the
scientific community from conducting vital research in the Gulf
of Mexico. The Committee encourages NMFS to quickly and
efficiently return marine mammal samples that were taken from
Gulf investigators in the aftermath of the spill, lift
restrictions on marine mammal carcass sample analyses, and make
the restricted data public for independent analyses by experts
in the field so that the free exchange of scientific
information may resume.
Charter Vessels.--To help improve the quality and abundance
of fishery data used for stock assessments, the Committee
continues to encourage NOAA to expand the agency's activities
in chartering commercial fishing vessels to serve as research
and fishery survey vessels. Increasing these charter
opportunities will enlarge the geographically diverse data
collection for broad fish populations and enhance numerous
ocean research programs. Other parts of NOAA, including the
National Ocean Service and the Office of Oceanic and
Atmospheric Research line offices, are also encouraged to
charter commercial fishing vessels, when appropriate, to
augment ongoing survey and research activities.
Bycatch Reduction.--The development and implementation of
practical bycatch solutions is a priority for U.S. and
international fisheries management and protected species
conservation. The Committee supports the requested amount for
Reducing Bycatch, of which NMFS is directed to make $2,500,000
available for competitive grants to non-Federal researchers
working with U.S. fishermen on the development of improved
fishing practices and innovative gear technologies.
At-Sea Monitoring.--The Committee recognizes NMFS's
responsibility to satisfy the observer coverage standards of
the Standardized Bycatch Reporting Methodology [SBRM], but is
very concerned by the impacts of NMFS's decision to fund such
activities by decreasing funding for at-sea monitoring in
fiscal year 2016. NMFS's decision came as a surprise to
fishermen and communities and negatively disrupted the
Northeast groundfish fishery in the middle of the season.
Therefore, NMFS shall work with the New England Fishery
Management Council to find a resolution to the disruption and
hardship caused by this funding decision. The Committee reminds
NMFS that future direction from this Committee and Congress
should be treated as a priority and followed accordingly.
Observers and Training.--Since fiscal year 2012, the
Committee has directed NMFS to provide adequate funding for at-
sea and dockside monitoring for all fisheries with approved
catch share management plans, including those catch share
management plans that impose observer coverage for new or
expanded fishing opportunities. The Committee is aware that
implementation of some management programs continues to present
substantial financial challenges to the participants as well as
to the economic sustainability of those fisheries and fishing
communities. Given these ongoing problems, the Committee
encourages NMFS to continue working with regional fishery
programs to identify adequate support for at-sea and dockside
monitoring for fisheries with approved catch share management
plans. Recognizing the financial challenges facing
participants, including those in the Northeast Multispecies
fishery sector management program, the Committee also directs
NMFS to work with the regional fishery programs on a transition
plan to an at-sea and dockside monitoring program that is more
cost effective, accurate, and commensurate with the ex-vessel
value.
Electronic Monitoring and Reporting.--Within Fisheries
Ecosystem Science Programs and Services, the Committee provides
NMFS's full request for Electronic Monitoring and Electronic
Reporting [EM/ER] to support the development, testing, and
installation of EM/ER technologies across the country. The
Committee recognizes that advancements in EM/ER have the
potential to cut costs and improve data collection for most
U.S. fisheries. NMFS is directed to prioritize EM/ER
implementation in fiscal year 2017, and expedite to the fullest
extent practicable the transition to full EM/ER. Within the
funds provided for these activities, not less than $3,000,000
shall be available, in accordance with 16 U.S.C. 3701, for
collaborative partnerships that include non-Federal matching
funds to implement cost-shared EM/ER programs that support
fisheries conservation and management. During the development
and implementation of electronic reporting and monitoring
programs, NOAA shall consult directly with industry and work
through the Fishery Management Councils (established under
sections 1851 and 1852 of title 16) to develop appropriate
cost-sharing arrangements that are commensurate with the ex-
vessel value of the fishery.
Furthermore, NMFS shall continue to work in fiscal year
2017 with the charter for-hire recreational fishery fleet in
the Gulf of Mexico; the Northeast Multispecies/groundfish
fishery fleet, including small vessels within that fleet; and
any regional fishery fleet interested in implementing EM/ER
technologies to better track information that is currently
collected through the use of human observers. The Committee is
aware that the New England Fishery Management Council has been
working with NMFS to begin the transition to electronic
monitoring systems. NMFS is directed to expedite this effort
and to explore innovative ways to make such systems cost-
effective for the fishery. NOAA shall report to the Committee
within 90 days of the enactment of this act on the progress of
this implementation in New England and work that remains to be
done to provide an affordable monitoring system in the fishery.
EM/ER Central Repository and Cost Estimations.--NOAA shall
consider developing a central repository for EM/ER
documentation and information sharing to facilitate regional
access to complete, organized, and accurate information. NOAA
shall also consider developing an EM/ER cost estimation
template, to include all necessary cost components, which shall
be shared with regions and Fishery Management Councils and used
to determine further deployment of EM/ER technologies.
Small Fixed-Gear Boats.--The Committee recognizes the
importance of utilizing currently available technologies on
small fixed-gear boats to improve fisheries management. Within
funding provided for EM/ER, NMFS shall provide an adequate
amount for the installation of currently available electronic
monitoring systems to continue the development of workable
alternatives to address catch or discard data needs.
Illegal, Unreported, and Unregulated [IUU] Fishing.--The
Committee provides the requested increase of $1,556,000 under
Fisheries Management Programs and Services to combat IUU
fishing. NOAA is encouraged to continue strengthening its
efforts to detect and deter illegally harvested and improperly-
documented seafood, including working with other U.S.,
international, and foreign agencies to ensure fair competition
for our country's domestic fishermen and safety for American
consumers.
Regional Pilots in Sustainable Aquaculture.--The Committee
notes that more than ninety percent of seafood consumed in the
United States is imported, that more than half of imported
seafood is from overseas aquaculture, and that, while
possessing the largest exclusive economic zone in the world,
the United States ranks only fifteenth in aquaculture
production. To address this major lost opportunity for job
creation in coastal communities and to encourage the
development of a domestic seafood supply, the NMFS Aquaculture
Office is directed to conduct regional pilot programs for
partnerships between the seafood industry and community
partners that can develop, validate, and deploy economically
and environmentally sustainable aquatic farming techniques and
regional business practices to grow U.S. domestic seafood
production. To maximize the impact of these pilot grants, NMFS
is encouraged to give priority consideration to promising but
less commercially developed technologies, such as those
targeting shellfish, seaweed, and other relative newcomers to
the domestic aquaculture industry. $2,000,000 is included in
NMFS Aquaculture budget for this purpose. This funding is in
addition to the laboratory funding for NOAA's fisheries science
centers engaged in aquaculture research, which shall be funded
at no less than the fiscal year 2016 enacted level.
Aquaculture Activities at Fisheries Science Centers.--The
Committee is concerned by reports that NMFS fisheries science
centers are cutting resources and staff positions dedicated to
aquaculture research. NOAA is expected to maintain viable
financial and personnel resources at the Northeast and
Northwest Fisheries Science Centers, including refraining from
cutting aquaculture funding or staff resources and
expeditiously filling open positions. Not later than 90 days
after enactment of this act, NOAA shall provide a report to the
Committee outlining how it plans to prioritize and leverage
aquaculture research at the Northeast and Northwest Fisheries
Science Centers.
Oyster Aquaculture, Research, and Restoration.--Within the
increased funds provided for NMFS Aquaculture, the Committee
provides not less than $1,000,000 to support ongoing research
in off-bottom oyster production in coastal areas, particularly
those new to this method of production, including the Gulf of
Mexico, and encourages NMFS to dedicate resources for further
research in oyster genetics, disease, and economic modeling.
In addition, the Committee recognizes that the shellfish
farming industry is composed of thousands of small farmers who
are unable to fund critical research in the fields of shellfish
disease, food safety, warming waters, and ocean acidification.
To improve coordination and consistency, the Committee directs
NMFS Aquaculture to engage and partner with industry, academic
institutions, and States to conduct collaborative research to
address the challenges facing this growing industry.
Furthermore, the Committee continues to encourage NOAA to
work with its State and non-Federal partners to consider
supporting oyster shell recycling programs as part of the
agency's competitive external funding opportunities for habitat
restoration projects.
Cooperative Research.--Depleted fish stocks result in
significant economic losses to our Nation. At a time when
fishing opportunities are constrained by uncertainty in stock
assessments, and increased access to healthy stocks depends on
better data, the Committee believes that maintenance of ongoing
monitoring programs and surveys is critical. The Committee
encourages the National Marine Fisheries Service to continue to
prioritize long-time series surveys that are conducted
cooperatively with industry and States. In addition, the
Northeast Fisheries Science Center is directed to work
collaboratively with the fishing industry to update and publish
the Northeast Cooperative Research Strategic Plan, including:
the identification of science priorities; a process for greater
involvement of fishermen in data collection; and better
communication of how the results of cooperative fisheries
research are used.
Horseshoe Crab Survey.--The Committee remains concerned
about the inability to estimate the abundance of the mid-
Atlantic horseshoe crab population. Adequate data is required
to ensure state and interstate managers can effectively manage
the stock, which is important to the biomedical and commercial
fishing industries, as well as to the ecology of the mid-
Atlantic region. The Committee encourages NMFS to continue this
important survey to generate the data necessary to ensure the
mid-Atlantic horseshoe crab stock remains on a sustainable
path.
Seafood Reporting.--The United States leads the world in
responsibly managed fisheries and aquaculture, and the
Committee supports NOAA's activities to inform consumers about
our Nation's sustainable fisheries through the agency's
FishWatch program. However, the Committee is concerned that the
exclusive use or recognition of third-party certifications for
seafood sustainability by the Department could have unintended
consequences for various domestic fisheries. The Committee
acknowledges that some U.S. fisheries voluntarily utilize
third-party seafood sustainability certification schemes, but
believes it is not the Department's role to adopt such
certification schemes when doing so could result in the
Department arbitrarily influencing the U.S. domestic seafood
market. The Committee believes support for third-party
certifications is best presented in non-governmental forums.
Therefore, the Committee directs the Department not to adopt,
use, or promote any third-party certification scheme for
seafood sustainability but to instead continue providing
consumers with independent and accountable information
generated from within the Department.
Habitat Conservation and Restoration.--The Committee
provides $52,524,000 for Habitat Conservation and Restoration
activities. The Committee adopts the proposal to move Coastal
Ecosystem Resiliency Grants, funded at $10,000,000 in fiscal
year 2016, into the National Ocean Service's Regional Coastal
Resilience Grant program. Therefore, the fiscal year 2017
funding level for Habitat Conservation and Restoration is
effectively an increase of $1,116,000 for these programs.
Within the amount provided, NOAA is encouraged to include
funding for the multi-year Habitat Blueprint Focus Area
partnership agreements developed under the Habitat Blueprint
initiative. The Committee encourages NOAA to include a broader
ecosystem-based management philosophy; expand criteria to
include recreational species, managed commercial species, and
forage species; and prioritize proposals that engage local
communities. NOAA should continue to emphasize the value of
partnerships when evaluating grant applications.
NOAA OCEANIC AND ATMOSPHERIC RESEARCH
The Committee's recommendation provides $451,878,000 for
Oceanic and Atmospheric Research [OAR]. OAR programs provide
environmental research and technology needed to improve NOAA
weather forecasts, climate predictions, and marine services. To
accomplish these goals, OAR supports a network of scientists in
its Federal research laboratories, universities, and joint
institutes and partnership programs.
Committee recommendations are displayed in the following
table:
OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Climate Research:
Laboratories and Cooperative Institutes.......... 60,000
Regional Climate Data and Information............ 38,000
Climate Competitive Research..................... 60,000
------------------
Total, Climate Research........................ 158,000
==================
Weather and Air Chemistry Research Programs:
Laboratories and Cooperative Institutes.......... 72,653
U.S. Weather Research Program.................... 12,600
Tornado Severe Storm Research/Phased Array Radar. 13,158
------------------
Total, Weather and Air Chemistry Research...... 98,411
==================
Ocean, Coastal and Great Lakes Research:
Laboratories and Cooperative Institutes.......... 32,000
National Sea Grant College Program............... 64,000
Marine Aquaculture Research...................... 10,000
Sustained Ocean Observations and Monitoring...... 41,823
Integrated Ocean Acidification................... 13,500
Ocean Exploration................................ 20,000
------------------
Total, Ocean, Coastal and Great Lakes Research. 181,323
==================
High Performance Computing Initiatives............... 12,144
==================
Research Transition Acceleration Program............. 2,000
==================
GRAND TOTAL OAR................................ 451,878
------------------------------------------------------------------------
Laboratories and Cooperative Institutes.--The Committee
recognizes the significant roles Laboratories and Cooperative
Institutes play in fulfilling the mission requirements of NOAA.
In order to strengthen the state of science within NOAA's
mission scope and create advantages in new scientific
knowledge, NOAA must continue to support new technologies and
improved services for coastal communities and the Nation.
Therefore, the Committee provides $4,611,000 above the budget
request for Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes and expects the
administration to fully fund cooperative institutes at
appropriate levels in future years, including those currently
supporting NOAA's coastal resilience mission. The Committee
strongly supports well-established institutes, including those
focused on watershed effects on marine ecosystems, remote
sensing, and long-term monitoring of oil spill impacts on
marine ecosystem health. Additionally, as part of its
``Cooperative Institutes in the 21st Century'' [CI21]
initiative, the Committee directs NOAA to consider how
additional ocean and coastal Cooperative Institutes could
support NOAA's mission objectives, including those related to
coastal resilience and other key research priorities, and shall
update its CI21 report with guidance explaining how new
research institutions can partner with NOAA scientists to
expand the Cooperative Institute network in future years.
Additionally, the Committee supports the budget request for ice
cover activities within OAR's cooperative institutes, which are
important to various Great Lakes stakeholders, including the
fishing industry, the commercial shipping industry, and the
U.S. Coast Guard, which has a statutory icebreaking mission in
the Great Lakes.
Autonomous Glider Demonstration.--The Committee rejects
OAR's proposed decrease to reduce support for an Autonomous
Underwater Vehicle demonstration. Instead, OAR is directed to
demonstrate how an autonomous ocean glider could address
critical gaps in NOAA's physical, chemical, biological, and
other observational needs, particularly those observational
needs of NOAA's IOOS program.
Climate Research.--The Committee provides the requested
level for supporting and expanding the National Integrated
Drought Information System, including the Regional Drought
Early Warning Information System.
Multi-Function Phased Array Radar [MPAR] Program.--The
Committee recognizes the importance of the MPAR program in the
development and implementation of the next generation weather
and aircraft radar surveillance network. The Committee directs
NOAA to maintain its leadership in the MPAR research and
development effort and encourages continued work on a
Memorandum of Understanding between NOAA, the Federal Aviation
Administration, the Department of Defense, and the Department
of Homeland Security that delineates each agency's or
Department's needs regarding the function and timeline of a
joint MPAR system.
Vortex-Southeast [Vortex-SE].--The southeast United States
commonly experiences devastating tornadoes under variables and
conditions that differ considerably from the Midwest, where
tornado research has historically been focused. Within funds
provided for Weather and Air Chemistry Research Programs, up to
$5,000,000 is provided for OAR to continue collaborating with
the National Science Foundation's Vortex-SE initiative to
better understand how environmental factors that are
characteristic of the southeast United States affect the
formation, intensity, and storm path of tornadoes for this
region.
Airborne Phased Array Radar [APAR].--Within funding for
NOAA's U.S. Weather Research Program, an increase of $4,642,000
is provided to research and develop aircraft-based hazardous
weather observing systems, such as APAR. NOAA shall coordinate
these research and development activities with the National
Science Foundation.
Infrasonic Weather Monitoring Research.--Within funding
provided for the U.S. Weather Research Program, the Committee
provides up to $500,000 to support external research
opportunities with academic institutions in infrasonic
monitoring methods of violent weather. The Committee believes
that advanced infrasound signal processing methodologies and
studies, deployed through a network of infrasound arrays to
detect tornadoes and hurricanes, have the potential to improve
forecast accuracy.
National Sea Grant College Program.--The Committee rejects
NOAA's requested decrease to the National Sea Grant Program.
Within funds provided, NOAA is encouraged to leverage resources
and pursue partnerships with Sea Grant universities and other
Federal agencies to carry out aquatic animal health monitoring
and research. This effort contributes to Sea Grant's and NOAA's
broader mission of providing services to enhance coastal
community resilience. Further, NOAA is directed to continue its
partnership with academic programs that provide legal expertise
related to the missions of the program and NOAA.
Sea Grant funding should support key focus areas in the
program's strategic plan, including healthy coastal ecosystems,
sustainable fisheries and aquaculture, resilient communities
and economies, environmental literacy, and workforce
development. The Committee directs NOAA to continue funding all
Sea Grant STEM education and fellowship programs.
Fisheries-Related Research.--The Committee remains
concerned about the negative impacts of the short recreational
fishing season for red snapper in the Gulf of Mexico.
Additional data sources and assessment approaches would be
beneficial and should be pursued by entities other than NOAA's
regulating line office, NMFS. Therefore, the Committee provides
up to the fiscal year 2016 level within Sea Grant to research
and develop alternative approaches to data collection and
analysis.
Aquaculture Research.--The Committee provides $10,000,000
for marine aquaculture research. NOAA is directed to support
marine aquaculture research and development in partnership with
universities. Similar research efforts have led to beneficial
outcomes such as the development and commercialization of new
technologies to meet the domestic demand for warm water marine
seafood, including finfish, shrimp, and oysters.
Ocean Exploration.--The Committee directs NOAA to use a
portion of the funding provided for Ocean Exploration to make
competitive external awards to institutions that have partnered
with OAR's Ocean Exploration program in the past. This includes
those institutions with ocean-going assets, such as Autonomous
Underwater Vehicles, to support new exploration missions,
expeditions, and deep-sea research in the Gulf of Mexico.
Furthermore, NOAA is encouraged to continue fundamental ocean
exploration in which open source data are collected for the
oceanographic community and private industries in real-time
through telepresence technology.
Furthermore, NOAA's ocean exploration program should
continue fundamental exploration and surveys with primary focus
on America's Exclusive Economic Zones of the Continental United
States, Alaska, Puerto Rico, Hawaii, the U.S. Virgin Islands
and the Pacific Territories. The Committee encourages NOAA to
emphasize areas for exploration that may be of interest to NOAA
laboratories including unique deep water regions, and to
consider collaborating with international partners when
practicable.
Research Transition Acceleration Program [RTAP].--The
Committee provides $2,000,000 for NOAA to establish RTAP within
OAR, to identify, prioritize, and fund the transition of the
most promising research into operations, applications, and
commercialization. However, no funding within RTAP shall be
used to support transitioning research that is not directly
related to NOAA's core mission areas. Furthermore, NOAA shall
look for ways to leverage funding in existing research lines to
accelerate any research-to-operations transition under RTAP.
NOAA NATIONAL WEATHER SERVICE
The Committee's recommendation provides $991,264,000 for
the National Weather Service [NWS]. NWS programs provide timely
and accurate meteorologic, hydrologic, and oceanographic
warnings and forecasts to ensure the safety of the population,
mitigate property losses, and improve the economic productivity
of the Nation. NWS is also responsible for issuing operational
climate forecasts for the United States. The Committee has made
saving lives and livelihoods through accurate weather
forecasting a priority.
The Committee's recommendations are displayed in the
following table:
NATIONAL WEATHER SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Observations.......................................... 217,363
Central Processing.................................... 92,790
Analyze, Forecast, and Support........................ 497,810
Dissemination......................................... 46,743
Science and Technology Integration.................... 136,558
-----------------
GRAND TOTAL NWS................................. 991,264
------------------------------------------------------------------------
Information Technology Officers.--The Committee continues
to support cost savings and steps to improve efficiency at NWS.
However, NWS's proposal to consolidate Information Technology
Officer [ITO] positions at the agency's regional weather
forecast offices, including the plan laid out in the March 2016
report titled ``Evolving Information Technology Service
Delivery at NWS Field Offices,'' comes before a comprehensive
review of NWS operations has been completed. While the March
plan is helpful in clarifying both the intent and proposed
execution of the ITO consolidation, any move to consolidate
these positions at this time would be premature. However, the
Committee is pleased that NWS is engaged in a comprehensive,
third-party review of its long-term operations and workforce
needs, and looks forward to the results of this full, NWS-wide
workforce assessment.
Although the proposal to consolidate 122 field ITO
positions is not approved, NWS is invited to submit a proposal
in its 2017 spending plan for a single pilot Regional
Enterprise Application Development and Integration [READI] team
comprised of volunteer ITOs. The successes and challenges of
the pilot READI team project will assist the Committee in
evaluating the larger consolidation proposal if resubmitted in
future fiscal years.
National Data Buoy Center [NDBC].--The Committee provides
sufficient funding to maintain, at a minimum, NDBC operations
at 80 percent data availability. The Committee encourages NOAA
to provide adequate funding to support maintenance and service
of the Tropical Atmosphere/Ocean Array [TAO] and Deep Ocean
Assessment and Reporting of Tsunamis [DART] array across the
equatorial Pacific. In addition, not later than 180 days after
enactment of this act, NOAA shall provide a report to the
Committee detailing the resources necessary to properly
maintain and operate the coastal weather buoy system in areas
off the coast of Alaska and in the Arctic Ocean. The report
shall include the identification of gaps in Arctic weather and
sea ice observing networks in U.S. territories of the Arctic
Ocean. The Committee directs NOAA to include a schedule to
restore existing data buoy operability and its strategy to
minimize outages in the future as part of the agency's spending
plan.
National Water Center.--The Committee provides no less than
$14,750,000, which is equal to NOAA's requested amount, for
operations and staffing of the National Water Center [NWC] to
develop and operate the Integrated Water Prediction [IWP]
program. NWS shall leverage this funding with resources
provided to NOS for IWP. The NWC will serve as the first ever
clearinghouse for research and operational forecasting of all
water-related issues facing our Nation, including: severe
floods, storm surge, droughts, and water quality, among others.
Given the importance of the NWC to better protect lives and
property of our Nation's citizens, NOAA is directed to expedite
staffing and operations at the Center to achieve full operating
capability as soon as possible. The Committee directs NOAA to
provide a report no less than 45 days after enactment of this
act with an updated staffing plan that includes an update on
commitments from partner agencies and a timeline for
accomplishing operational readiness in the first quarter of
fiscal year 2017.
National Tsunami Hazard Mitigation Program [NTHMP].--The
Committee rejects NOAA's proposal to terminate funding for
tsunami preparedness within the NTHMP, and instead instructs
the Agency to maintain funding at the fiscal year 2016 level
and to strengthen the NTHMP in accordance with the 2011
evaluation by the National Academy of Sciences.
Consumer Option for an Alternative System To Allocate
Losses [COASTAL] Act Implementation.--Within funding provided
for Science and Technology Integration, the Committee provides
not less than $5,000,000 for the continued development and
implementation of the COASTAL Act, which was included in the
Flood Insurance Reform and Modernization Act of 2012 (Public
Law 112-141). The Committee supports NOAA's work to assist
homeowners impacted by destructive winds and storm surges
associated with hurricanes and super-storms. The Committee
directs NOAA to continue to leverage existing Federal assets,
expertise, and partnerships in carrying out COASTAL Act
activities. Furthermore, NOAA is directed to provide the
Committee with updates every 6 months on progress made and
challenges related to implementation, as well as any proposed
solutions.
National Mesonet Program.--The Committee provides
$19,000,000 for the continuation and expansion of the National
Mesonet Program. Funds should be made available through a
competitive weather data procurement that sustains coverage of
areas currently included within the national mesonet, as well
as an expansion of coverage in high risk areas. NOAA is also
encouraged to add new observations such as total lightning
data, regional aircraft observations, and vertical column
measurements in tornado-prone areas. Additionally, within funds
provided, NOAA is encouraged to incorporate state mesonet data
into the national mesonet network. NOAA should require that
awardees provide mesonet data in formats that can be integrated
by NWS for use in forecasts and severe weather alerts. Of the
funds provided, up to $500,000 may be used for Meterological
Assimilation Data Ingest System [MADIS] activities, and up to
$500,000 may be used for costs associated with the National
Mesonet Program Office. The Committee views the national
mesonet as an important component of any effort to effectively
develop a ``Weather-Ready Nation'' and expects that future NOAA
budget requests will continue to reflect it as a priority.
NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
The Committee's recommendation provides $198,884,000 for
National Environmental Satellite, Data and Information Service
[NESDIS] operations. NESDIS programs operate environmental
polar-orbiting and geostationary satellites and collect and
archive global environmental data and information for
distribution to users in commerce, industry, agriculture,
science and engineering, the general public, and Federal,
State, and local agencies.
The Committee's recommendations are displayed in the
following table:
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Office of Satellite and Product Operations........ 107,008
Product Development, Readiness & Application...... 27,014
Commercial Remote Sensing Licensing & Enforcement. 2,065
Office of Space Commercialization................. 2,000
Group on Earth Observations [GEO]................. 500
-----------------
Total, Environmental Satellite Observing Systems 138,587
=================
National Environmental Information Office............. 60,297
-----------------
GRAND TOTAL NESDIS.............................. 198,884
------------------------------------------------------------------------
National Environmental Information Office.--The Committee
recommends $60,297,000 for the National Environmental
Information Office [NEIO], which is a new office that
consolidates several programs previously funded separately.
While the Committee supports the updated budget structure for
NESDIS, it is essential to ensure that key programs continue to
receive adequate funding. Specifically, the Committee provides
not less than the fiscal year 2016 enacted levels of $6,000,000
for Regional Climate Services, $3,650,000 for Regional Climate
Centers, and $4,567,000 for Coastal Data Development. Within
NEIO, the Committee encourages NOAA to fully support critical
international partnerships, including the Global Climate
Observing System.
NOAA MISSION SUPPORT
The Committee's recommendation provides $256,981,000 for
NOAA's mission support activities. These programs provide for
overall NOAA management, including staffing of the Under
Secretary's office and services to NOAA and DOC field offices
through the regional Administrative Support Centers. These
programs also support NOAA's Education Office consistent with
the recommendations of the Joint Ocean Commission. The
facilities subactivity provides for repair and maintenance to
existing facilities, planning and design, and environmental
compliance.
Committee recommendations are displayed in the following
table:
PROGRAM SUPPORT OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Corporate Services:
Executive Leadership.............................. 27,000
Mission Services Management....................... 150,000
IT Security....................................... 10,050
Payment to DOC Working Capital Fund............... 43,000
-----------------
Total, Corporate Services....................... 230,050
=================
NOAA Education Program................................ 26,931
=================
GRAND TOTAL, MISSION SUPPORT.................... 256,981
------------------------------------------------------------------------
Corporate Services.--Within the increased funds provided
for Corporate Services, NOAA is directed to focus on restoring
the functionality of its Workforce Management Office and
Acquisition and Grant Services.
Education.--Within the funds provided for NOAA's Education
Program, $5,000,000 is for competitive educational grants,
which includes continued support for Environmental Literacy
Grants and for improving geographic literacy; $14,431,000 is
for the Educational Partnership Program with minority-serving
institutions; and $7,500,000 is for Bay-Watershed Education and
Training regional programs.
NOAA Leases.--While the Committee is supportive of
increasing funding for the NOAA Weather Radio network in this
bill to assist with the cost of its tower agreements, the
Committee has previously raised concerns about the agency's
large amount of real property commercial leases. Without a
clear understanding of the extent of its holdover leases, NOAA
may be unable to budget for liabilities created by the
termination of these holdover leases, which, in turn, could
cause Antideficiency Act violations. To fully account for the
potential budgetary impact of its holdover leases, NOAA shall:
ensure that it understands the extent of its lease holdover
issues; that it maintains complete and accurate records on
owned and leased property; and that it provides these records
to the Committee and the OIG upon request.
Responsiveness to Congress.--The Committee notes that NOAA
often fails to respond in a timely manner to inquiries from
Congress. Letters from members have gone unanswered and
repeated requests for drafting assistance have been ignored.
Congress plays an important role in the oversight of NOAA, and
the Committee directs the agency to be responsive to
congressional inquiries.
Outstanding Loan Balances.--The Committee encourages NOAA
and its respective line offices to work with communities and
businesses, on a case-by-case basis, to resolve outstanding
balances in a manner that considers the borrower's current
financial ability but remains fair to American taxpayers.
NOAA OFFICE OF MARINE AND AVIATION OPERATIONS
The Committee's recommendation provides $211,131,000 for
NOAA's marine and aviation operations. The Office of Marine and
Aviation Operations provides aircraft and marine data
acquisition, repair, and maintenance of the existing fleet;
planning of future modernization; and technical and management
support for NOAA-wide activities through the NOAA Commissioned
Officer Corps.
OFFICE OF MARINE AND AVIATION OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Marine Operations and Maintenance..................... 178,838
Aviation Operations................................... 32,293
-----------------
GRAND TOTAL, OMAO............................... 211,131
------------------------------------------------------------------------
Capital Assets.--Any decisions related to laying up any
vessels, grounding any aircraft, or decommissioning any capital
asset are subject to the standard reprogramming procedures set
forth in section 505 of this act. Any changes from the spending
plan shall also be subject to section 505 of this act. NOAA
shall continue to provide the Committee with a monthly
operational status of the fleet and aircraft. NOAA is further
directed to provide the Committee with updated long-term
management and acquisition plans for the fleet and aircraft
within 60 days of enactment of this act.
Aviation Operations.--In February 2016, MacDill Air Force
Base formally notified NOAA that the Aircraft Operations Center
[AOC] must vacate their hanger facilities by July 2017. AOC's
aircraft play a critical role in the Nation's hurricane
forecasting capabilities. The Committee is aware that NOAA is
seeking a short term lease at another airport within a 50 mile
radius of its current location so as to help mitigate any
impacts a sudden move could have on operations during the 2017
hurricane season and to provide more reliable accommodations
for the next few years. While the Committee fully supports
NOAA's near term plans, the Committee views such arrangements
as temporary. Soon after NOAA settles into the new short-term
lease agreement, the Committee directs the agency to embark on
a comprehensive plan to find a permanent, cost-effective home
for AOC in the Gulf Coast region, potentially co-located with a
Federal partner that can meet NOAA's operational needs.
NOAA PROCUREMENT, ACQUISITION, AND CONSTRUCTION
Appropriations, 2016.................................... $2,400,416,000
Budget estimate, 2017................................... 2,270,123,000
Committee recommendation................................ 2,286,853,000
The Committee's recommendation provides $2,286,853,000 for
NOAA's procurement, acquisition, and construction. The
recommendation is $113,563,000 below the fiscal year 2016
enacted level and $16,730,000 above the budget request.
Committee recommendations are displayed in the following
table:
PROCUREMENT, ACQUISITION AND CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
National Ocean Service:
National Estuarine Research Reserve Construction.. 1,700
Marine Sanctuaries Construction/Acquisition....... 2,000
-----------------
Total National Ocean Service--PAC............... 3,700
=================
Ocean and Atmospheric Research:
Research Super Computing.......................... 28,379
=================
National Weather Service:
Observations...................................... 32,755
Central Processing................................ 67,761
Dissemination..................................... 34,619
WFO Construction.................................. 8,650
-----------------
Total, National Weather Service--PAC............ 143,785
=================
National Environmental Satellite, Data and Information
Services:
Geostationary Systems [GOES-R].................... 752,784
Joint Polar Satellite System [JPSS]............... 787,246
Polar Follow-on................................... 383,000
CDARS............................................. 500
DSCOVR............................................ 3,745
Space Weather Follow-on........................... 7,500
COSMIC-2.......................................... 8,100
Satellite Ground Services......................... 54,000
System Architecture and Advanced Planning......... 3,929
Projects, Planning, and Analysis.................. 25,200
Satellite CDA Facility............................ 2,228
Commercial Weather Data Pilot..................... 3,000
-----------------
Total, NESDIS--PAC.............................. 2,031,232
=================
Mission Support:
NOAA Construction................................. 6,057
-----------------
Total, Mission Support--PAC..................... 6,057
=================
Office of Marine and Aviation Operations:
Vessel Equip. and Tech Refresh.................... 11,700
New Vessel Construction........................... 75,000
-----------------
Total, OMAO--PAC................................ 86,700
=================
Unobligated balances from prior years................. -13,000
-----------------
GRAND TOTAL, PAC................................ 2,286,853
------------------------------------------------------------------------
National Estuarine Research Reserve Construction.--The
Committee remains concerned about the increased costs and lack
of transparency associated with certain third-party green
building rating systems. The use of certain green building
standards can arbitrarily discriminate against domestic
building materials such as wood that could be locally sourced,
thereby increasing costs to taxpayers without significant
benefits in energy and water savings. The Committee again
directs NOAA to use funding provided for NERR Construction
subject only to green building rating systems or standards that
are voluntary consensus standards; have achieved American
National Standard Institute [ANSI] Designation; or were
developed by an ANSI Audited Designator, and take into
consideration the environmental and economic benefits of
building materials through lifecycle analysis. Not later than
90 days after enactment of this act, NOAA shall notify the
Committee on any new, existing, or planned construction
projects at NERRS sites that receive accreditation for energy
savings from a third-party green building rating system.
High Performance Computing.--The Committee recognizes
NOAA's high performance computing needs and its current
limitations on providing high fidelity results in near real-
time. Within funding provided for OAR Research Supercomputing,
up to $8,000,000 shall be used to develop a dedicated high
performance computing facility in collaboration with partners
with existing high performance computing expertise and
scientific synergies. This facility shall be used in part to
research improved weather modeling capabilities.
NWS Observations.--The Committee provides NOAA's full
request for Observations under NWS PAC, which includes the full
requested increase for the Automated Surface Observing System
and Next Generation Weather Radar Service Life Extension
Programs.
Integrated Water Prediction [IWP].--The Committee provides
NOAA's full request for Central Processing under NWS PAC, which
includes not less than the requested amount of $4,500,000 to
procure operational high performance computing resources to
enable modeling improvements associated with the IWP
initiative.
Weather Satellites.--The Committee provides full funding
for the continued procurement and acquisition of the Joint
Polar Satellite System [JPSS] and the Geostationary Operational
Environmental Satellite R-series [GOES-R], NOAA's flagship
weather satellite programs. NOAA is directed to prioritize
satellite programs directly related to weather forecasting and
that result in the greatest reduction of risk to lives and
property. Keeping JPSS and GOES-R programs on budget and on
schedule is critical, as is maintaining their respective cost
controls, particularly when NOAA's satellite missions continue
to dominate the agency's annual budget requirements. The
Committee reiterates its previous direction to NOAA to find
savings from operating expenses and to reduce duplicative
Government overhead shared with the National Aeronautics and
Space Administration.
Polar Follow-On.--The Committee provides $383,000,000 for
the Polar Follow-On mission. Ensuring a risk-averse and robust
continuation of polar orbiting weather satellites is essential
to avoid gaps in the data that is required for accurate weather
forecasting. The Committee is still awaiting an Independent
Cost Estimate [ICE] directed for the Polar Follow-on program in
fiscal year 2016. Not later than 45 days following enactment of
this act, NOAA shall provide detailed results from the ICE
analysis to the Committee, including a comparison to the
agency's internal estimate of the program's life-cycle cost.
Jason-3.--The Committee strongly supports the Jason-3
mission, which after months of delay successfully launched in
January 2016. The Jason-3 mission will support national and
international users of sea surface height measurements, and
allow the NWS to more accurately forecast the strength of
tropical cyclones that threaten U.S. coastal communities. Now
that Jason-3 has launched, the Committee expects any associated
analysis and processing to be accounted for within NESDIS ORF.
Space Weather Follow-on.--The Committee provides
$7,500,000, an increase of $6,300,000 above the fiscal year
2016 level, for space weather follow-on activities. Funds
should be used to accelerate the development of advanced
technologies and an architecture study for a series of space
weather follow-on flight missions that implement the National
Space Weather Strategy and Space Weather Action Plan. A
detailed account of how this funding will be spent and
accompanying deliverables shall be submitted to the Committee
with the fiscal year 2017 spend plan.
The Committee recognizes that expanding data collection
through enhanced space weather observations and models can
significantly improve warning times for severe space weather
events. Therefore, NOAA shall maintain the multi-year funding
profile and schedule that was presented with the 2017 budget
request in its fiscal year 2018 budget submission.
COSMIC-2.--The Committee provides $8,100,000 for the
Constellation Observing System for Meteorology, Ionosphere, and
Climate 2 [COSMIC-2] program, to support the ground reception
and processing of Global Navigation Satellite System Radio
Occultation satellite data. These data will augment current
models used for global weather forecasts and studies. However,
no funding is provided for the procurement of a second set of
radio occultation [RO] sensors that NOAA proposes to launch
into polar orbit in 2019. The Committee notes that the U.S. Air
Force--NOAA's partner on COSMIC-2--has not committed to
providing launch services for a polar constellation of RO
sensors. Furthermore, NOAA has not yet identified any other
launch provider for this proposed polar constellation. The
Committee encourages NOAA to utilize funding provided for
NESDIS's Commercial Weather Data Pilot program to potentially
meet identified needs in polar orbiting RO data.
Commercial Weather Data Pilot.--The Committee provides
$3,000,000 to support NOAA's newly launched assessment and
potential use of commercial data in NOAA's weather modeling and
forecasting through pilot purchases of commercial data.
NOAA Satellite Reporting.--The Committee directs NOAA to
provide quarterly programmatic and procurement status reports
of all satellites actively flying, in space but in standby
mode, and under development unless any reprogramming, system
failure, construction delay, or other extraordinary
circumstance warrants an immediate update. As part of the
agency's quarterly satellite briefing, NOAA shall include
updates on preparations and enhancements necessary to
accommodate an increased volume of satellite data and shall
compare initial cost estimates to actual expenditures.
New Vessel Construction.--Recapitalizing NOAA's aging fleet
and building new ships is a long-term endeavor, requiring a
foundation of financial stability. The Committee recognizes
that the fits-and-starts method of periodically appropriating a
large tranche of funding to construct one vessel at a time is
untenable in the foreseeable fiscal climate, especially for a
fleet that requires several new vessels.
With a baseline ocean class design in hand and a near-term
path to restart work with the U.S. Navy, and after repeated
reassurances that the requested ocean class vessel construction
was a top priority for the Department, the Committee responded
to both the immediate- and long-term fleet need by providing
$80,050,000 for vessel construction in fiscal year 2016, and
anticipating no less than $75,000,0000 provided for new vessel
construction each year thereafter. The Committee's expectation
was that, provided annually, this funding would put NOAA on a
steadier financial path and allow the agency to construct a new
vessel every 2 years.
As such, the Committee was stunned and disappointed to see
the administration's change of tack in the fiscal year 2017
request, as well as a reprogramming request for the fiscal year
2016 funding, in support of a smaller vessel that had no
initial design, no supporting operational requirements, no
immediate path for construction, and which cut the vessel
construction account by 71 percent. The request eroded the
financial foothold that the Committee worked hard to establish
in fiscal year 2016 and jeopardizes the fleet's long term
stability.
Additionally, the proposal in fiscal year 2017 to use
$100,000,000 of unsubstantiated non-discretionary funding not
in the jurisdiction of this Committee for a second yet-to-be-
conceived regional class vessel suggests that the
administration does not take fleet recapitalization seriously.
Proposing disingenuous budget gimmicks to spend money outside
the current budget agreement does not solve real Federal
infrastructure problems, regardless of the agency or the
account.
Subsequent to the fiscal year 2017 budget submission, the
Committee appreciated receiving the administration's ``Federal
Fleet Status Report'' in March 2016, which provided a
comprehensive snapshot of various U.S. Federal oceanographic
vessels, including those operated by NOAA. This report is a
tool for the Committee that not only examines NOAA's
operational status, but that of the University-National
Oceanographic Laboratory System ships and the U.S. Coast Guard
icebreakers, which are used by the National Science Foundation.
The interagency working group's plan clearly shows that NOAA
needs to build both regional class and ocean-going ships in the
coming years, though the plan did not sufficiently address the
relative needs or prioritization among regional, ocean, and
global class vessels, and instead focused on justifying the new
regional class request. The Committee notes that not all of
NOAA's marine operations can be conducted using regional class
vessels, and to presume as such would suggest a drastic change
in NOAA's ability to carry out its responsibilities, which is a
much larger discussion than can be presented in a near-term
fleet report card.
The Committee does not intend to determine which vessel
classes are of the highest priority at any given time, which
vessels to replace at which homeports, or which of NOAA's at-
sea operations to favor. However, the Committee does expect the
administration to provide the Congress with a clear and
realistic plan for recapitalizing NOAA's fleet that remains
consistent from one fiscal year to the next, and to
consistently follow that plan in the future. A short-term
snapshot report of the entire Federal oceanographic fleet is an
important tool to gain an interagency perspective, but the
``Federal Fleet Status Report'' is not the agency-specific
fleet recapitalization plan that the Committee requested or
expected in the fiscal year 2016 bill. The Committee
understands that an independent review team is currently
analyzing NOAA's short-term and long-term fleet needs, which
has a greater potential to yield a more in depth NOAA-centric
fleet recapitalization plan when that report is delivered in
the first quarter of fiscal year 2017.
In the meantime, the Committee is willing to stay on its
original course, for now, by providing no less than $75,000,000
for NOAA's on-going fleet recapitalization efforts with a
continued focus on an ocean class vessel and to retain a
pathway for financial stability for future fiscal years. The
Committee intends to work with all levels of the administration
now and throughout fiscal year 2017 to create a stable and
successful plan for NOAA to continue the agency's at-sea
operations should the administration continue to see value in
supporting such operations in future fiscal years.
Mission Support Construction.--The Committee supports
NOAA's decision to designate Newport, Rhode Island, as the
homeport for the NOAA Ship Henry B. Bigelow, a Fisheries Survey
Vessel [FSV] which has been temporarily based in Rhode Island
since its commissioning in 2005. The Committee provides
$1,500,000 under Mission Support PAC to continue the necessary
environmental assessments, permitting activities, and
additional design work for new berthing facilities that will
permanently accommodate this FSV and possibly other vessels in
future fiscal years.
Mission Support, Facilities Initiative.--The Committee
provides NOAA's full request for major renovation and repair
activities at the Northwest Fisheries Science Center facility
under Construction PAC.
Fishing Community Presence.--NOAA shall consider all viable
ports when undertaking capital planning reviews, including
those that do not currently have a significant NOAA presence.
PACIFIC COASTAL SALMON RECOVERY FUND
Appropriations, 2016.................................... $65,000,000
Budget estimate, 2017................................... 65,000,000
Committee recommendation................................ 65,000,000
The Committee's recommendation provides $65,000,000 for the
Pacific Coastal Salmon Recovery Fund. The recommendation is the
same as the fiscal year 2016 enacted level and the budget
estimate. Funds are for conservation and restoration of Pacific
salmon populations. State and local recipients of this funding
will provide matching contributions of at least 33 percent of
Federal funds. In addition, funds will be available to tribes
without a matching requirement.
FISHERMEN'S CONTINGENCY FUND
Appropriations, 2016.................................... $350,000
Budget estimate, 2017................................... 350,000
Committee recommendation................................ 350,000
The Committee's recommendation provides $350,000 for the
Fishermen's Contingency Fund. The recommendation is the same as
the fiscal year 2016 enacted level and the President's request.
FISHERIES FINANCE PROGRAM ACCOUNT
Appropriations, 2016.................................... -$6,000,000
Budget estimate, 2017................................... -410,000
Committee recommendation................................ -410,000
The Committee recommends that direct loans administered
through this account for individual fishing quotas may not
exceed $24,000,000. Traditional direct loans may not exceed
$100,000,000, which is the same as the fiscal year 2016 enacted
level and budget request.
Permit Banks and Trusts.--The Committee notes that there is
some confusion in the fishing community regarding whether
fishing permit banks or trusts are eligible applicants for the
Fisheries Finance Program. Permit banks and trusts have proven
to be effective tools in retaining and anchoring fish
harvesting rights within coastal communities, and have been
uniquely effective in helping young fishermen engage in our
fisheries by leasing quota and permits to them. The Committee
directs NOAA to work with the fishing community and to provide
a report within 180 days of enactment of this act clarifying
whether fishing permit banks and trusts are eligible for the
program. Additionally, if applicable, the report shall detail
whether legislative or regulatory changes are necessary to
establish eligibility or to clarify the application
requirements for fishing permit banks and trusts.
OTHER
Departmental Management
SALARIES AND EXPENSES
Appropriations, 2016.................................... $58,000,000
Budget estimate, 2017................................... 74,503,000
Committee recommendation................................ 58,000,000
The Committee's recommendation provides $58,000,000 for
Departmental Management Salaries and Expenses. The
recommendation is equal to the fiscal year 2016 enacted level
and $16,503,000 below the budget request.
Within Departmental Management, the Salaries and Expenses
account provides funding for the Secretary, Deputy Secretary,
and support staff. Responsibilities involve policy development
and implementation affecting U.S. and international activities,
as well as establishing internal goals for operations of the
Department.
Not less than 90 days after enactment of this act, the
Department shall submit to the Committee a report detailing
actions taken to cut costs and a detailed account of funds
saved by such actions across the Department's bureaus.
Working Capital Funds.--For each of the three working
capital funds within DOC, the following are to be provided to
the Committee and the Office of Inspector General by November
30 of each fiscal year: (1) A comparison of the final budget or
spending plan at the project or activity level to the actual
year-end data as of September 30 of the prior fiscal year,
including detailed narratives for variances greater than 5
percent at the project or activity; (2) the initial budget or
spending plan by project or activity for the current fiscal
year; and (3) a detailed schedule of fiscal year-end
unobligated and carryover balances by source funding category
and by expiring budget fiscal year, to include: direct
authority, Federal and intragovernmental reimbursable authority
by trading partner, non-Federal reimbursable authority, amounts
held for future asset replacement, and other categories.
BusinessUSA.--The Committee provides funding up to the
amount provided in fiscal year 2016 for BusinessUSA.
BusinessUSA is an online tool and shared inter-agency call
center designed to facilitate information sharing, improve
services to the public, and reduce interagency redundancies.
Funds provided shall not be used to expand staffing or open any
offices.
Small Business Innovation Research.--The Committee
recognizes the importance of the Small Business Innovation
Research [SBIR] program and its previous accomplishments in
facilitating commercial successes from federally funded
research and development projects. The SBIR program encourages
small domestic businesses to engage in Federal research and
development and creates jobs in the smallest firms. The
Committee therefore directs the DOC to place an increased focus
on awarding SBIR grants to firms with fewer than 50 people.
Unobligated Balances.--The Committee remains concerned
about the amount of unobligated funding within DOC. The
Department is directed to report all unobligated balances to
the Committee on a quarterly basis following enactment of this
act.
Spending Plans.--Under section 533 of this act, the
Department is required to submit a spending plan within 45 days
of the enactment of this act. That plan should describe the
programs, projects, and activities of the Department so that
the Committee receives detailed descriptions of how the
Department intends to operationalize the funding provided in
annual appropriations bills. The Committee expects a detailed
accounting of each bureau's spending, including reimbursable,
fee-funded, or Working Capital Fund spending, particularly with
regard to specific programs, projects, and activities described
in the bill and accompanying report. The Department shall
continue to work with the Committee to ensure that its spending
plans provide adequate information for continued oversight of
the Department.
RENOVATION AND MODERNIZATION
Appropriations, 2016.................................... $19,062,000
Budget estimate, 2017................................... 12,224,000
Committee recommendation................................ 12,224,000
The Committee recommendation provides $12,224,000, which is
$6,838,000 below the fiscal year 2016 enacted level and equal
to the budget request, for building renovation at the
Department of Commerce. Furthermore, unobligated balances of
discretionary funds appropriated for the Department of Commerce
may be transferred to and merged with this account subject to
certain limitations and the procedures set forth in section 505
of this act.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2016.................................... $32,000,000
Budget estimate, 2017................................... 37,167,000
Committee recommendation................................ 32,744,000
The Committee's recommendation provides $32,744,000 for the
Office of Inspector General [OIG]. The recommendation is
$744,000 above the fiscal year 2016 enacted level and
$4,423,000 below the budget request.
In addition to funds provided under this heading, the
Committee has recommended transfers to the OIG: $2,000,000 from
the U.S. Patent and Trademark Office; $1,302,000 from the
National Oceanic and Atmospheric Administration; and $2,580,000
from the Census Bureau for oversight and audits of those
activities. The Committee directs the OIG to continue strict
oversight activities for satellite procurements, cybersecurity,
and the decennial census.
Working Capital Fund Audits.--The Committee continues to
direct the OIG to audit all of the working capital funds within
the Department to evaluate the Department's budgetary controls
over all funds. The OIG shall assess: the controls in place to
develop reimbursement formulas; the relationship of
reimbursements to client services; the appropriateness of the
level of fund balances; and compliance with appropriations law
and direction. As part of this assessment, the Inspector
General shall pay particular attention to the increasing
amounts of funding needed to support the Department's Office of
General Counsel, including the justification and metrics for
how such funding is being levied against each agency and,
reciprocally, how the agencies account for the services they
receive from the Office of General Counsel. If at any point
during these audits the OIG encounters problems with accessing
any necessary information or data from the Department, the OIG
is directed to notify the Committee immediately.
Audits and Investigations.--The OIG serves a critical
oversight role at the Department. The Committee believes that
robust investigations and audits are essential to rooting out
waste, fraud, and abuse, but that limiting inquiries only to
individuals in the Department does not necessarily lead to
comprehensive findings and recommendations. The Committee
directs the OIG to modify its policies and procedures to ensure
that investigations or reports include interviews with all
parties to the project or program in question, including, but
not limited to, contractors responsible for projects under
review. The Committee cautions the OIG against issuing
preliminary findings prior to interviewing a majority of the
entities involved with the program or project under
investigation, unless the OIG believes the findings are time
sensitive or additional interviews are immaterial.
General Provisions--Department of Commerce
Section 101 makes Commerce Department funds available for
advanced payments only upon certification of officials
designated by the Secretary that such payments are considered
to be in the public interest.
Section 102 makes appropriations for salaries and expenses
available for the hire of passenger motor vehicles, and for
services, uniforms, and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce accounts. The provision makes
transfers subject to the Committee's standard reprogramming
procedures.
Section 104 extends congressional notification requirements
for the NOAA satellite programs.
Section 105 provides authority for the Secretary of
Commerce to furnish certain services within the Herbert C.
Hoover Building.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides NOAA the authority to share resources
with entities outside the agency.
Section 108 requires that, before charging for
congressional reports, the National Technical Information
Service [NTIS] advise the public of free ways to receive or
access these reports. For those reports that cannot be found
free of charge or when a customer requires a mailed, hard copy,
NTIS may only charge a de minimus copying and mailing fee. The
Committee is concerned about outrageous fees the National
Technical Information Service charges the public for hard
copies of congressional reports and documents available for
free online.
Section 109 allows the Secretary of Commerce to waive the
bond requirement for research vessel repair and construction
contracts that would align Commerce's authorities with those of
other Federal agencies and address difficulties NOAA has
experienced in obtaining competitive bids for ship repairs.
Prior to exercising waiver authority under section 109 of
this act, the Secretary of Commerce shall promulgate
regulations specifying criteria under which waiver authority
may be used, including the types of contracts eligible for
consideration, surety alternatives, and acceptable risk
profiles in order to protect the taxpayer and ensure that NOAA
maximizes cost-savings. The Department is directed to notify
the Committee not less than 15 days prior to any waiver issued
under this section. In addition, the Department shall, not
later than 120 days after the date of enactment of this act,
prepare a report including the actual costs of repairing,
rehabilitating, and replacing vessels in fiscal years 2013,
2014, 2015, 2016, 2017, and annually thereafter, including an
indication of those vessels for which NOAA waived the Miller
Act.
Section 110 prohibits funds for certain fishery management
policies in the Gulf of Mexico.
Section 111 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
The Committee remains concerned that agreements for
offsetting collections provided for under this section could
result in a conflict of interest, or the appearance of a
conflict of interest, for the Department. The Department is
directed to exercise caution and consider any unintended
consequences that could result from such agreements, including,
but not limited to, augmentation of appropriations, initiation
of new programs not authorized by this act or any other act of
Congress, and liabilities extending beyond the period of any
such agreement. The Department shall provide to the Committee
monthly updates on all offsetting fee collections, including
each entity participating in the agreement, as well as the
terms of and specific activities funded by the agreement.
Additionally, estimates of anticipated fee collections shall be
included in the Department's annual spend plans. To further
ensure the Committee maintains sufficient oversight for
activities carried out under this section, language is included
specifying that any offsetting collection would require the
consent of each party subject to the agreement and all
offsetting collections shall be subject to procedures set forth
by section 505 of this act.
Section 112 provides authority for the programs of the
Bureau of Economic Analysis and the U.S. Census to enter into
cooperative agreements in order to assist in improving
statistical methodology and research.
Section 113 ensures full access to departmental and agency
information and data for the Office of Inspector General [OIG].
Since fiscal year 2015, the Committee has directed the
Department to ensure that the OIG has access to all documents
needed to conduct its audit and oversight function. In order to
correct the erroneous interpretation by the Department of
Justice of the Committee's bill language, the Committee
clarified the provision in question in section 540 of the
Commerce, Justice, Science and Related Agencies Act, 2016
(division B of Public Law 114-113). Yet the Committee continues
to receive notices from the OIG that components within the
Department are withholding documents based on a
misinterpretation of the 2015 language and on concerns about
OIG protection of confidential documents. Providing documents
to the OIG does not change the protected status of the
documents. Classified information remains classified, and
business proprietary information remains confidential. Should
the Committee receive a notice under section 536 of this act
from the Inspector General regarding the Department's
deliberate withholding of information, no funds shall be
provided for the Department's Office of General Counsel until
such time that the Committee receives a follow-up notice from
the OIG that the Department has resolved the matter.
TITLE II
DEPARTMENT OF JUSTICE
The Committee recommends a total of $29,246,199,000 for the
Department of Justice [DOJ]. The recommendation is $156,391,000
above the fiscal year 2016 funding level and $581,936,000 below
the budget request. The Committee's recommendation emphasizes
key priorities regarding funding for the Department's critical
ongoing missions and activities to protect the safety,
security, and rights of our citizens.
Fighting Heroin and Opioids.--The Committee remains
committed to helping States and local communities in the fight
against heroin and illegal use of opioids. Resources totaling
$132,000,000 are provided in fiscal year 2017 to support
enforcement efforts as well as prevention and treatment
programs.
To assist with law enforcement efforts, the Committee
provides $10,000,000 for the COPS Office's Anti-Heroin Task
Force grant program to help Statewide task forces take heroin
off of our streets through the investigation and location of
the distribution of heroin or the unlawful distribution of
prescription opioids. As the Department administers this
program, the Committee encourages adoption of a more
comprehensive set of criteria for evaluating high per capita
rates of heroin and opioid abuse, particularly one that
includes overdose deaths and drug seizures. The Drug
Enforcement Administration [DEA] is provided $12,500,000 to
create four new enforcement groups focused on counteracting
heroin trafficking and eradicating its availability in the
United States. While DEA currently works to investigate and
interdict drug trafficking, the explosion of heroin use and
abuse of opioids requires a more concentrated enforcement
effort.
Communities cannot just enforce their way out of this
epidemic. Therefore, the Committee supports comprehensive
prevention and treatment programs to discourage experimentation
with heroin or abusing prescription medication in the first
place and to help those who are addicted to find affordable and
accessible options to aid recovery. The Committee provides
$14,000,000 for Residential Substance Abuse Treatment grants to
assist State, local, and tribal governments in the development
and implementation of substance abuse treatment programs in
correctional and detention facilities, as well as in the
creation and maintenance of community-based aftercare services;
$14,000,000 for the Prescription Drug Monitoring Program which
plans, implements, and enhances prescription drug monitoring
programs to prevent and reduce misuse and abuse of prescription
drugs and aids in investigations of pharmaceutical crime; and
$43,000,000 for drug courts to help non-violent offenders get
intensive treatment and support. Within the Second Chance Act,
$37,500,000 is provided for prevention of drug use and drug
treatment for those who were formerly incarcerated returning to
our communities. The Committee also provides $1,000,000 to the
Bureau of Prisons to continue to increase their medication-
assisted treatment pilot program for approximately 200 inmates
with heroin and opioid addiction. The science supporting the
use of medication as a critical component of treating opioid
addiction, including heroin, is clear in that this type of
treatment saves lives.
Trafficking in Persons.--The fight against human and sex
trafficking, including the apprehension of perpetrators who use
online classified Web sites to facilitate the sexual
exploitation of children, crosses many jurisdictions within the
Department. The Department shall dedicate no less than the
fiscal year 2016 level for the Human Trafficking Prosecution
Unit [HTPU] and encourage HTPU and the Anti-Trafficking
Coordination Teams to continue working with victim service
providers and non-governmental organizations to ensure victim
needs are prioritized as part of the overall strategy to combat
human trafficking and forced labor in the United States.
Furthermore, the Committee directs the HTPU to report to the
Committees on Appropriations no later than 120 days following
enactment of this act on: (1) the total number of human
trafficking cases it prosecuted or assisted in prosecuting
within the last 3 years disaggregated by type of trafficking,
and including instances in which an online classified Web site
is determined to be the conduit for exploiting trafficked
persons, especially minors, and the actions being taken to shut
down these sites; (2) the number of (a) Assistant U.S.
Attorneys, (b) Federal law enforcement, and (c) State and local
law enforcement who received training on human trafficking
within the last 3 years that included sex and labor
trafficking, disaggregated from those who receive training just
on sex trafficking; and (3) the number of Assistant U.S.
Attorneys who received training on restitution for human
trafficking victims within the last 3 years.
The Federal Bureau of Investigation [FBI] is directed to
provide no less than the fiscal year 2016 level to investigate
severe forms of trafficking in persons. As the lead Federal law
enforcement agency, the FBI's ability to combat trafficking and
forced labor requires resources devoted specifically to the
growing problem of trafficking and forced labor. Funding shall
be used for investigations into human trafficking and forced
labor and providing victim witness coordinators when needed on
an emergency basis through the Office of Victim Assistance via
the Office of Victims of Crime.
In addition, the Committee directs the FBI to submit a
report for Innocence Lost Operations encompassing the previous
5 years that details the: (1) number of traffickers arrested,
(2) the number of adults arrested on charges of prostitution,
(3) the number of minor victims identified, (4) the number of
minor victims criminally charged, and (5) the placement and
social service support secured for each child in each State
operation within 180 days of enactment of this act.
The Executive Office of U.S. Attorneys [EOUSA] and the FBI
shall continue to follow direction as outlined by the Committee
in Senate Report 114-66 regarding designated points of contact
and improved processes for T-visas for EOUSA and support for
victims of trafficking through Continued Presence for the FBI.
Intellectual Property Rights [IPR] Enforcement.--The
Committee expects the Department to continue to make IPR
enforcement an investigative and prosecutorial priority.
Sophisticated, transnational, criminal enterprises engage in a
range of illegal activity, including identity theft, connected
to the theft of copyrighted content. Given the strong links to
other illegal activity, the Department's IP-dedicated personnel
should investigate U.S.-based sites and apps that are engaged
in such criminal activity. The Committee directs the Criminal
Division and FBI to maintain dedicated positions to combat
intellectual property crimes and fund IPR efforts at no less
than fiscal year 2016 enacted levels. In addition, the FBI
shall provide quarterly updates to the Committee detailing the
activities of its dedicated agents investigating IPR cases.
Sole Sourcing of Equipment and Scientific Instruments.--The
direction provided to the Department on this issue in Senate
Report 114-66 remains in effect for fiscal year 2017.
Cybersecurity.--The Department has several offices with
cybersecurity responsibilities, including those within the FBI,
the National Security Division, the Criminal Division, and U.S.
Attorneys Offices [USAO]. At a minimum, the Committee directs
the Department to maintain its cybersecurity posture at no less
than the fiscal year 2016 level to defend and respond to
current and emerging attacks that threaten its own
infrastructure and activities. In other cases, such as with the
USAO, DEA, and the FBI, the Committee has specific direction
detailed later in this report to increase cyber-related
investigations and to prosecute additional cybercrimes.
Throughout this title, the Committee's recommendation for
cybersecurity-related activities for the Department totals
$896,325,000 for fiscal year 2017, which is an increase of
$82,679,000, or 10 percent, above the fiscal year 2016 level.
Strengthening Police-Community Relations.--The Committee
continues to recognize and support the important need for
lasting collaborative relationships between local police and
the public. To assist with strengthening this relationship, the
Committee has dedicated resources totaling $121,254,370 across
a variety of program areas. Strong partnerships between the
police and the communities they protect reduce crime, ensure
that citizens' civil rights are protected, and improve officer
safety.
The Community Trust Initiative is again funded at
$70,000,000 for fiscal year 2017. Funding is included for law
enforcement to purchase body cameras, the Justice Reinvestment
Initiative, the Byrne Criminal Justice Innovation program and
the National Crime Statistics Exchange. More details on these
programs are found in the Office of Justice Programs section of
this report. The Committee also provides a total of $15,000,000
for specific programs within the Byrne-JAG program: $5,000,000
for improved training for police responses to people with
mental illness and $10,000,000 to support evidence-based
approaches in responding to crime, called the Smart Policing
program.
Within the COPS Office, the Committee sets aside
$10,000,000 for the continuation of the Collaborative Reform
Model, which assists local law enforcement agencies to identify
problems and develop solutions to some of the most critical
issues facing law enforcement today, such as use of force, fair
and impartial policing, and improved accountability. Another
$10,000,000 is set aside for Community Policing Development
[CPD] within the COPS Office. CPD funds are used to advance
community policing in law enforcement agencies through training
and technical assistance, demonstration projects, development
of innovative policing strategies, and best practices that are
national in scope.
The Committee is providing funding for departmental
agencies that assist with training State and local law
enforcement officers and help with mediating conflicts in
communities. The Community Relations Service is funded by the
Committee at $14,446,000, which will allow for continued
efforts to mediate, train, and facilitate discussion between
police departments and communities where tensions exist. The
Committee fully funds the FBI's request of $1,808,370 for the
National Academy, a professional development course for State,
local and international law enforcement leaders that serves to
improve the administration of justice and raise law enforcement
standards, knowledge, and cooperation worldwide. This funding
will allow approximately 900 police officers to attend the
National Academy to receive world class training on leadership
and specific law enforcement issues like use of force.
Federal Water Usage Violations.--The Committee is aware
that the Department of Justice should receive notifications
from the U.S. Army Corps of Engineers [USACE] regarding
violations of Federal water contracts involving multi-State
river basins. For example, the Department has been involved in
litigation in the past regarding the USACE's administration of
its dams and reservoirs in both the Alabama-Coosa-Tallapoosa
[ACT] and the Apalachicola-Chattahoochee-Flint [ACF] river
basins. The Committee directs the Department to provide a
report within 60 days of enactment of this act that includes:
an audit of all Federal water contract violations in multi-
State water basins since 2005; an audit of any contract
violation notifications DOJ has received from USACE regarding
all multi-State river basins since 2005; a record of how DOJ
has handled these violations and notifications; and a
comprehensive plan for how DOJ intends to enforce the law and
respond to these contract violations now and in the future.
The Committee also directs the Department to enter into an
agreement with USACE whereby the Department contemporaneously
receives all water contract violation notifications produced or
issued by the USACE, in whatever form.
Gang Violence.--The Committee recognizes the challenges
posed by the increasing number of gang members and the violent
crimes they commit in urban, suburban, and rural communities.
The Committee understands that combating these gangs requires
continued and increased cooperation between Federal, State, and
local law enforcement as well as support, coordination, and
expertise from the Federal level. The Committee acknowledges
the work currently being undertaken to fight gangs by the FBI
Violent Safe Streets Task Forces, the DEA, the National Gang
Targeting, Enforcement and Coordination Center [GangTECC], the
Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF], the
U.S. Marshals Service [USMS], the Bureau of Prisons [BOP], the
USAO, and other Federal agencies. The Committee urges these
agencies to intensify current efforts, including supporting and
prosecuting cases under the Racketeer Influenced and Corrupt
Organizations Act [RICO], while enhancing coordination across
the Federal Government and with State and local law enforcement
in order to maximize the impact of limited personnel resources.
The Committee's recommendation includes $5,000,000 for the USMS
for gang enforcement efforts within the Regional Fugitive Task
Forces and $6,500,000 for the Violent Gang and Gun Crime
Reduction Program within the Office of Justice Programs [OJP]
aimed at reducing gang violence.
Elder Justice Initiative.--In July 2013, the Government
Accountability Office [GAO] published its review of elder
justice program issues, including a recommendation that the
Department of Health and Human Services [HHS] in cooperation
with the Department of Justice develop a national elder justice
public awareness campaign. The Committee understands that more
than 2 years later, GAO considers this recommendation open and
unimplemented. The Committee is aware of the work being carried
out by the Elder Justice Coordinating Council [EJCC], of which
the Department is a permanent member, and remains supportive of
efforts to help protect older adults from all forms of abuse,
including through increasing public awareness to occurrences of
elder abuse, including fraud, and the dissemination of
information about how members of the public may obtain
services. Through the work of the EJCC, the Committee urges the
Department to work with the Secretary of HHS, and other
relevant agencies, to develop a national elder justice
awareness campaign.
Emmett Till Unsolved Civil Rights Crime Act.--The Committee
fully supports the goals of the Emmett Till Unsolved Civil
Rights Crime Act of 2007 (Public Law 110-344) to investigate
and prosecute previously unresolved civil rights era ``cold
case'' murders suspected of having been racially motivated,
through a partnership among the Civil Rights Division [CRT],
the FBI, and the Community Relations Service [CRS], as well as
with State and local grant resources. To continue supporting
Emmett Till activities, the Committee urges the Department to:
use such sums as may be necessary from within the budget base
for the CRT's Cold Case Initiative; for the FBI to pursue
Emmett Till Act cold cases; and for the CRS to partner with law
enforcement agencies and communities to help resolve conflicts
resulting from the investigation of unsolved civil rights era
cases. Additionally, the Committee directs the National
Institute of Justice, the Bureau of Justice Assistance, and the
Office for Victims of Crime to continue providing grants for
cold case DNA investigations to aid State and local law
enforcement agencies in their investigation and prosecution of
unsolved civil rights cold cases.
Working Capital Fund [WCF].--The Committee expects the
Department to execute funding to the fullest extent possible
without any carryover balances. The Committee directs DOJ to
continue to use the WCF only as a repository for reimbursable
funds from components and to obligate and execute that funding
expeditiously. The DOJ shall provide a report to the Committee
within 45 days of enactment of this act regarding balances in
the WCF including carryover funds, the intended uses of those
funds, and a spending plan. The spending plan shall include:
the amount each component contributes to the WCF; a detailed
accounting of collections into the WCF from appropriations,
reimbursable funds, and alternative sources of funding
including the Three Percent Fund; a list of settlements and
collections from the Three Percent Fund in excess of
$3,000,000; and a categorical accounting of obligations out of
the WCF including a breakdown of services provided from the
Department to each component. The Department is further
directed to provide quarterly updates on the WCF to the
Committee.
DOJ Settlements.--The Committee is aware of the
Department's ability to enter into civil settlement agreements
in which a defendant is required to make a donation to a third-
party organization. On a quarterly basis, the Department shall
provide the Committee with a list of settlements in which the
Department required defendants to donate money to third-party
groups that includes the amount of funding and the intended use
of the funds.
Cell-Site Simulator [CSS] Technology.--Funds provided in
this act shall be used only to deploy or facilitate the use of
CSS technology for criminal investigations if such use complies
fully with DOJ guidance issued on September 3, 2015. The
Department shall ensure its guidance is followed strictly by
Federal, State, and local entities that receive funds under
this act, to include compliance with requirements of the Fourth
Amendment and the Pen Register Act. As directed in the
guidance, CSS technology must be configured only as pen
registers and may not be used to collect content of any
communication or subscriber account information. In addition,
Departmental guidance to be implemented includes conducting
comprehensive and consistent training on the appropriate use of
CSS technology; adopting rigorous practices for handling and
retaining data acquired through the use of this technology; and
scrupulously auditing the use of such technology.
Spending Plan.--In compliance with section 533 of this act,
the Committee directs the Department of Justice to submit a
spending plan, signed by the Attorney General, within 45 days
of enactment of this act.
General Administration
SALARIES AND EXPENSES
Appropriations, 2016.................................... $111,500,000
Budget estimate, 2017................................... 125,896,000
Committee recommendation................................ 114,124,000
The Committee's recommendation provides $114,124,000 for
General Administration salaries and expenses. The
recommendation is $2,624,000 above the fiscal year 2016 enacted
level and $11,772,000 below the budget request.
The General Administration account provides funding for
senior policy officials responsible for departmental management
and policy development. The specific offices funded by this
account include: the immediate Office of the Attorney General;
the immediate Office of the Deputy Attorney General; the
immediate Office of the Associate Attorney General; Office of
Legal Policy; Office of Public Affairs; Office of Legislative
Affairs; Office of Professional Responsibility; Office of
Intergovernmental and Public Liaison; and the Justice
Management Division.
The Committee directs that any increased funding provided
above the fiscal year 2016 level for this account shall only be
allocated to operations within the Justice Management Division.
Wildlife Trafficking.--The Committee notes the sharp
increase of criminal activity involving wildlife that includes
the illegal trade in rhinoceros horns and elephant ivory,
poaching of wild animals for their parts, illegal capture and
transport of endangered animals, and illegally harvested
timber, as well as money laundering that comes with these
products' sale on the black market. There are indisputable
linkages between these activities and the financing of armed
insurgencies and transnational organized crime that threaten
the stability and development of African countries and pose a
serious threat to U.S. security interests.
The Committee directs the Attorney General to continue to
report on the specific steps the Department is taking to
further address wildlife trafficking and the illegal natural
resources trade, as specifically outlined in Senate Report 114-
66. The report should also include the investigative efforts of
INTERPOL programs like Operation Worthy II and Operation Paws,
as well as the issuance of Red Notices for criminals engaging
in these activities.
Office of Legislative Affairs.--While the Committee
primarily communicates with the Department through the Justice
Management Division, it reserves the right to call upon any
individual or organization within its jurisdiction for requests
for information, including the Department's Office of
Legislative Affairs [OLA]. The Committee notes that recent
responses from OLA have been neither helpful nor timely, with
some answers left completely void of any meaningful information
whatsoever. The Committee has received similar feedback from
other Senate offices about OLA's performance, leading the
Committee to question the efficacy of fully funding OLA's
budget. The Committee reminds DOJ that requests from the
Congress to OLA should be treated as a priority for the
Department and responded to both courteously and expeditiously.
Guidance to Communities.--The Committee recognizes that it
can be difficult for States and local communities recovering
from terrorist attacks or State declarations of emergency to
navigate varying Department of Justice program rules,
requirements, and timelines. The Committee directs the Attorney
General to ensure that the Office of Legislative Affairs
maintains a comprehensive list of all grants made available by
Departmental components, along with application periods and
deadlines, and serves as a one-stop shop for communities
recovering from a terrorist attack or State-declared emergency
situation. In addition, not later than 180 days after enactment
of this act, the Attorney General shall provide to Congress and
make publically available a single guidance document for local
communities that describes currently available DOJ programs,
assistance, and points of contact for which local communities
recovering from a terrorist attack or State declaration of
emergency would be eligible.
Internet Gambling.--Since 1961, the Wire Act has prohibited
nearly all forms of gambling over interstate wires, including
the Internet. However, beginning in 2011, certain States began
to permit Internet gambling. The Committee notes that the Wire
Act did not change in 2011. The Committee also notes that the
Supreme Court of the United States has stated that ``criminal
laws are for courts, not for the Government, to construe.''
Abramski v. U.S., 134 S.Ct. 2259, 2274 (2014) (internal
citation omitted).
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $31,000,000
Budget estimate, 2017................................... 57,561,000
Committee recommendation................................ 50,000,000
The Committee's recommendation provides $50,000,000 for
Justice Information Sharing Technology [JIST]. The
recommendation is $19,000,000 above the fiscal year 2016
enacted level and $7,561,000 below the budget request.
Cybersecurity.--The Committee's recommendation supports the
requested programmatic changes for Information Security
Continuous Monitoring and the Insider Threat Prevention and
Detection Program for a total increase of $10,600,000. This
level of funding will allow DOJ to continue to proactively
defend against and respond to current and emerging
cybersecurity threats and attacks against DOJ's network
infrastructure.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $426,791,000
Budget estimate, 2017................................... 437,444,000
Committee recommendation................................ 426,791,000
The Committee's recommendation provides $426,791,000 for
Administrative Review and Appeals, of which $4,000,000 is a
transfer from the U.S. Citizenship and Immigration Services
[USCIS] Immigration Examiners Fee Account. The recommendation
is equal to the fiscal year 2016 enacted level and $10,653,000
below the budget request.
This account funds the Executive Office for Immigration
Review [EOIR], including the Board of Immigration Appeals
[BIA], immigration judges, and administrative law judges who
decide through administrative hearings whether to admit or
exclude aliens seeking to enter the country, and whether to
deport or adjust the status of aliens whose status has been
challenged. This account also funds the Office of the Pardon
Attorney, which receives, investigates, and considers petitions
for all forms of executive clemency.
EOIR Backlog of Cases and Immigration Judge Hiring.--EOIR
represents the Department's frontline presence with respect to
the application of immigration law. EOIR receives cases
directly from Department of Homeland Security [DHS] enforcement
personnel, in which the Federal Government is seeking the
removal of immigrants who are in the United States without
lawful status or who have committed some act, typically a
criminal offense, that renders them removable.
The Committee directs EOIR to continue submitting monthly
performance and operating reports, which have provided the
Committee with clear statistics on the dire situation at EOIR
with regard to the backlog of cases and the hiring of new
Immigration Judge Teams to process them. EOIR's immigration
court caseload continues to escalate as a result of heightened
border enforcement efforts. At the end of fiscal year 2015
there were over 457,000 cases pending in immigration courts
around the country, and by the end of February 2016 the number
of cases pending adjudication had risen to over 480,000.
For fiscal year 2016, the Committee provided funding to
hire 55 new Immigration Judge Teams and to equip them with the
necessary technology and support to do their jobs efficiently.
The Committee is extremely disappointed to learn that despite
the provision of these needed resources, the funds cannot be
fully utilized in fiscal year 2016. The immigration judge
hiring process remains severely backlogged due to a cumbersome
process that is further delayed by the lethargy of the
Department's review procedures. Compounding the ongoing problem
of the hiring backlog is the Administration's failure to
include a funding request for any new Immigration Judge Teams
in fiscal year 2017. The Committee directs the Department to
prioritize hiring new immigration judges, which is the only way
to reverse the alarming growth in the caseload backlog.
Training for Immigration Judges on Children's Cases.--The
Committee was deeply troubled to hear the recent comments of
EOIR headquarters personnel that children as young as age 3 or
4 can understand immigration law and court procedures. The
Committee continues to direct that EOIR's training for
immigration judges should address how to properly adjudicate
children's cases, including forms of relief for children, how
to elicit information from children, the impact of trauma on
children, and other relevant child development issues.
Legal Orientation Program [LOP].--The Committee's
recommendation maintains the fiscal year 2016 base funding for
LOP, pursuant to the Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457), for
custodians of unaccompanied, undocumented children to address
the custodian's responsibility for the child's appearance at
all immigration proceedings, and to protect the child from
mistreatment, exploitation, and trafficking.
Pardons and Sentence Commutations.--Regarding funding for
the Office of the Pardon Attorney, the Committee prohibits the
use of funding related to the review, consideration, or
approval of clemency or pardon petitions as part of the
Department's April 23, 2014, announcement on executive clemency
requesting relief from convictions for gun crimes or crimes
involving violence. The Committee reminds the Administration of
the limitations contained in the Department's April 2014
criteria for considering Federal inmates for the President's
initiative for executive clemency that limited consideration to
non-violent individuals who would not pose a threat to public
safety if released; low-level offenders without significant
ties to large-scale criminal organizations, gangs, or cartels;
inmates who do not have a significant criminal history; and
those who have no history of violence prior to, or during,
their current term of imprisonment.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2016.................................... $93,709,000
Budget estimate, 2017................................... 97,814,000
Committee recommendation................................ 95,583,000
The Committee's recommendation provides $95,583,000 for the
Office of Inspector General [OIG]. The recommendation is
$1,874,000 above the fiscal year 2016 enacted level and
$2,231,000 below the budget request.
This account finances the activities of the OIG, including
audits, inspections, investigations, and other reviews of
programs and operations of the Department of Justice to promote
efficiency and effectiveness, and to prevent and detect fraud,
waste, and abuse, as well as violations of ethical standards
arising from the conduct of Department employees in their
numerous and diverse activities.
Oversight of Crime Victims Fund Grants.--Section 510 of
this act maintains $10,000,000 for the OIG to continue its
expanded audits of the Crime Victims Fund [CVF]. The Committee
remains concerned that the Department is not doing enough to
proportionately adjust its grant monitoring activities to
reflect significant changes in CVF spending in order to avoid
waste, fraud and abuse. The Committee directs the OIG to
continue to increase its audit of CVF awards and assist the
Department to ensure these important funds are used
appropriately and effectively.
United States Parole Commission
salaries and expenses
Appropriations, 2016.................................... $13,308,000
Budget estimate, 2017................................... 14,000,000
Committee recommendation................................ 13,308,000
The Committee's recommendation provides $13,308,000 for the
United States Parole Commission. The recommendation is equal to
the fiscal year 2016 enacted level and $692,000 below the
budget request.
Commissioner Continuity.--The Committee directs the
Department to follow its fiscal year 2017 request allowing a
Commissioner to continue to serve until a successor has been
appointed, even if that Commissioner's term of office has
expired. The request matches language contained in division B
of the Consolidated Appropriations Act of 2016 (Public Law 114-
113).
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
Appropriations, 2016.................................... $893,000,000
Budget estimate, 2017................................... 957,423,000
Committee recommendation................................ 893,000,000
The Committee's recommendation provides $893,000,000 for
General Legal Activities salaries and expenses. The
recommendation is equal to the fiscal year 2016 enacted level
and $64,423,000 below the budget request.
This appropriation funds the establishment of litigation
policy, conduct of litigation, and various other legal
responsibilities through the Office of the Solicitor General,
the Tax Division, the Criminal Division [CRM], the Civil
Division [CIV], the Environmental and Natural Resources
Division, the Civil Rights Division [CRT], the Office of Legal
Counsel, and INTERPOL Washington.
INTERPOL Washington.--From within funds provided for
General Legal Activities, the Committee directs the Department
to provide no less than the fiscal year 2016 level for INTERPOL
Washington. The Committee has provided no-year authority in the
amount of $685,000 to ensure sufficient resources are available
for INTERPOL Washington's dues payments and help the Department
better manage fluctuations in currency exchange rates. INTERPOL
Washington's command center [IOCC] operates 24 hours a day, 7
days a week, 365 days a year, responding to requests for
international criminal investigative and humanitarian
assistance from more than 18,000 U.S. law enforcement agencies
and their counterparts in 189 other INTERPOL-member countries.
INTERPOL Washington's responsibility to respond to increasing
foreign and domestic requests places additional operational
demands on the resources of this organization.
Civil Rights.--The Committee provides no less than the
fiscal year 2016 enacted level to continue its efforts to
enforce civil rights laws; expand its capacity to prosecute and
provide litigation support for human trafficking, hate crimes,
and unsolved civil rights era crimes; carry out its
responsibilities associated with the civil rights of
institutionalized persons and the access rights of the
disabled; investigate and prosecute police misconduct; and
enhance the enforcement of fair housing and fair lending laws.
Civil Rights Violations in State and Local Prisons and
Jails.--The Committee continues to be concerned by reports of
civil rights violations in State and local prisons and jails,
and directs the CRT to increase efforts to investigate and
address violations of the Civil Rights of Institutionalized
Persons Act in State and local prisons and jails. The Committee
directs the CRT to use such sums as necessary from amounts
appropriated in fiscal year 2017 to address such issues in
State and local prisons and jails.
Human Rights Crimes.--The Committee remains concerned by
the large number of suspected human rights violators from
foreign countries who have found safe haven in the United
States and directs the CRM to continue its efforts to
investigate and prosecute serious human rights crimes,
including genocide, torture, use or recruitment of child
soldiers, and war crimes. For this purpose, the Committee's
recommendation supports continued funding for the CRM to
investigate and prosecute individuals who violate Federal laws
regarding serious human rights abuses.
International Training.--The Committee remains concerned
about the instability of budget and staffing challenges faced
by the Office of Overseas Prosecutorial Development, Assistance
and Training [OPDAT] and International Criminal Investigative
Training Assistance Program [ICITAP] programs under the current
funding structure provided via the Department of State. While
the Committee encourages the Departments of Justice and State
to maintain open communications regarding programmatic and
resource needs to truly execute their missions, OPDAT and
ICITAP should ideally receive a transfer of funds from State
within 90 days of enactment of this act. Should an immediate
source of funding be needed ahead of a completed transfer of
funds, the Committee suggests that the Department of Justice
notify the Committee immediately.
Protecting the Rights of Servicemembers and Veterans.--The
Committee recognizes the importance of ensuring that
servicemembers and veterans have access to essential legal
resources that educate them and their families on their rights
and defend them during times of need. The Committee supports
funding this program at no less than the fiscal year 2016 level
to continue to enforce existing law, such as the Uniformed
Services Employment and Reemployment Rights Act, and to provide
outreach and training efforts on behalf of servicemembers,
veterans, and their families.
Enforcing Federal Animal Welfare Laws.--Animal cruelty
violations were listed as separate violent crime offenses under
the FBI's Uniform Crime Reporting System in January 2016. Given
the disturbing increase in this type of criminal behavior, the
Committee supports the request to deter and enforce violations
of Federal animal welfare laws.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
Appropriations, 2016.................................... $9,358,000
Budget estimate, 2017................................... 11,970,000
Committee recommendation................................ 9,358,000
The Committee's recommendation provides a reimbursement of
$9,358,000 for legal costs. The recommendation is equal to the
fiscal year 2016 enacted level and is $2,612,000 below the
budget request.
This account covers the Department's expenses associated
with litigating cases under the National Childhood Vaccine
Injury Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
Appropriations, 2016.................................... $164,977,000
Budget estimate, 2017................................... 180,506,000
Committee recommendation................................ 164,977,000
The Committee's recommendation provides $164,977,000 for
the Antitrust Division. The recommendation is equal to the
fiscal year 2016 enacted level and $15,529,000 below the budget
request. This appropriation is offset by $125,000,000 in pre-
merger filing fee collections, resulting in a direct
appropriation of $39,977,000.
UNITED STATES ATTORNEYS
SALARIES AND EXPENSES
Appropriations, 2016.................................... $2,000,000,000
Budget estimate, 2017................................... 2,074,402,000
Committee recommendation................................ 2,030,000,000
The Committee's recommendation provides $2,030,000,000 for
the Executive Office for United States Attorneys [EOUSA] and
the 94 U.S. Attorneys [USAs] offices. The recommendation is
$30,000,000 above the fiscal year 2016 enacted level and
$44,402,000 below the budget request.
As in past years, the Committee directs the USAs to focus
their efforts on those crimes where the unique resources,
expertise, or jurisdiction of the Federal Government can be
most effective.
Adam Walsh Act Implementation.--The Committee expects the
EOUSA to continue to focus on investigations and prosecutions
related to the sexual exploitation of children, as authorized
by the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248), and as part of Project Safe Childhood.
The recommendation fully funds the budget request of
$46,378,000 for this purpose in fiscal year 2017.
Combating Financial and Mortgage Fraud.--The Committee
directs the EOUSA to provide no less than the fiscal year 2016
level to conduct criminal investigations and prosecutions of
mortgage and financial fraud, predatory lending, financial
fraud, and market manipulation matters.
Civil Rights Prosecutions.--The Committee's recommendation
provides no less than the fiscal year 2016 level for continued
civil rights enforcement that will advance both criminal and
civil litigations, including the prosecution of sex and labor
trafficking.
Cybercrime.--As national and international cyber threats
become increasingly sophisticated, our Federal prosecutors must
become better versed in digital forensic evidence. The
Committee's recommendation provides no less than $58,331,000,
which is $2,666,000 above the budget request, for cybercrime
activities. The USAO will be able to increase the number of
investigations and prosecutions of cyber attacks and cyber
intrusions, and provide the high-caliber level of training on
cybercrime and digital evidence needed for Assistant U.S.
Attorneys to be able to analyze and present digital evidence
across all types of criminal cases.
The Committee does not support proposed funding cuts for
Intellectual Property and Child Pornography activities, and
instead directs USAO to provide no less than the fiscal year
2016 funding level for prosecution of these cyber-related
crimes.
National Advocacy Center.--While the Committee remains
disappointed that a change in circumstances resulted in Project
Palmetto not becoming a reality as envisioned, it commends the
two parties for coming to a mutually amicable resolution. The
Committee is also aware of the need to address outstanding
administrative adjustment issues related to Palmetto and
encourages the parties to quickly conclude those discussions.
UNITED STATES TRUSTEE SYSTEM FUND
Appropriations, 2016.................................... $225,908,000
Budget estimate, 2017................................... 229,717,000
Committee recommendation................................ 225,908,000
The Committee's recommendation provides $225,908,000 for
the U.S. Trustee System Fund. The recommendation is equal to
the fiscal year 2016 enacted level and $3,809,000 below the
budget request. The appropriation is offset by $163,000,000 in
fee collections.
The U.S. Trustee Program, authorized by 28 U.S.C. 581 et
seq., is the component of the Department with responsibility
for protecting the integrity of the bankruptcy system by
overseeing case administration and litigation to enforce the
bankruptcy laws. In fiscal year 2017, the U.S. Trustee Program
will participate in an estimated 685,000 business and consumer
bankruptcy case filings.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
Appropriations, 2016.................................... $2,374,000
Budget estimate, 2017................................... 2,409,000
Committee recommendation................................ 2,374,000
The Committee's recommendation provides $2,374,000 for the
Foreign Claims Settlement Commission. The recommendation is
equal to the fiscal year 2016 enacted level and $35,000 below
the budget request.
The Foreign Claims Settlement Commission settles claims of
American citizens arising from nationalization, expropriation,
or other takings of their properties and interests by foreign
governments.
FEES AND EXPENSES OF WITNESSES
Appropriations, 2016.................................... $270,000,000
Budget estimate, 2017................................... 270,000,000
Committee recommendation................................ 270,000,000
The Committee's recommendation provides $270,000,000 for
fees and expenses of witnesses. The recommendation is equal to
the fiscal year 2016 enacted level and the budget request.
This appropriation, which is considered mandatory for
scorekeeping purposes, provides for fees and expenses of
witnesses who appear on behalf of the Government in cases in
which the United States is a party, including fact and expert
witnesses. These funds are also used for mental competency
examinations, and witness and informant protection. The
Committee includes bill language prohibiting the Department
from transferring funds out of this account.
The Committee expects that no funds will be expended for
expert witness services, including the payment of fees and
expenses of expert witnesses, from any other DOJ accounts but
Fees and Expenses of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $14,446,000
Budget estimate, 2017................................... 18,990,000
Committee recommendation................................ 14,446,000
The Committee's recommendation provides $14,446,000 for the
Community Relations Service [CRS]. The recommendation is equal
to the fiscal year 2016 enacted level and $4,544,000 below the
budget request.
The Community Relations Service, established by title X of
the Civil Rights Act of 1964, provides assistance to
communities and persons in the prevention and resolution of
disagreements arising from discriminatory practices.
Hate Crimes Prevention.--Within the funds provided, the
Committee provides no less than the fiscal year 2016 level to
handle the workload and responsibilities stemming from passage
of the Matthew Shepard and James Byrd, Jr., Hate Crimes
Prevention Act [HCPA] (Public Law 111-84). The HCPA expanded
the CRS's mandate, requiring that it help communities prevent
and respond to violent hate crimes committed on the basis of
gender, gender identity, sexual orientation, religion, and
disability, in addition to race, color, and national origin.
This funding will maximize the CRS crisis response nationwide
and enable CRS to fulfill both its original mandate and
expanded mandate under the HCPA.
ASSETS FORFEITURE FUND
Appropriations, 2016.................................... $20,514,000
Budget estimate, 2017................................... 20,514,000
Committee recommendation................................ 20,514,000
The Committee's recommendation provides $20,514,000 for the
Assets Forfeiture Fund [AFF]. The recommendation is equal to
the fiscal year 2016 enacted level and equal to the budget
request.
Equitable Sharing.--The Department's AFF provides for
qualifying expenses of Federal law enforcement agencies and
their State and local partners based on assets seized,
including as part of criminal and counternarcotic
investigations. The Committee was concerned by the unexpected
suspension of reimbursements to States and localities through
the AFF in December 2015. This abrupt suspension of
reimbursements through AFF, coupled with the increased demands
on law enforcement including those of the heroin and opioid
crisis, put some State and local law enforcement agencies in a
difficult financial position. The Department is directed to
provide to the Committee advanced notice of at least 10
business days regarding any future changes to the Equitable
Sharing Program.
United States Marshals Service
Appropriations, 2016.................................... $2,699,995,000
Budget estimate, 2017................................... 2,789,165,000
Committee recommendation................................ 2,713,454,000
The Committee's recommendation provides a total of
$2,713,454,000 for the United States Marshals Service [USMS].
The recommendation is $13,459,000 above the fiscal year 2016
enacted level and is $75,711,000 below the budget request.
salaries and expenses
Appropriations, 2016.................................... $1,230,581,000
Budget estimate, 2017................................... 1,275,156,000
Committee recommendation................................ 1,249,040,000
The Committee's recommendation provides $1,249,040,000 for
USMS salaries and expenses. The recommendation is $18,459,000
above the fiscal year 2016 enacted level and $26,116,000 below
the budget request. The core missions of the USMS include the
apprehension of fugitives; protection of the Federal judiciary
and witnesses; execution of warrants and court orders; and the
custody and transportation of unsentenced prisoners.
In addition to receiving direct appropriations, the
Committee is aware that USMS also receives funding from the
Department's Assets Forfeiture Fund [AFF] to augment salaries
and expenses that are intended to directly administer AFF-
related activities like the management and sale of forfeited
assets. In an effort to increase transparency to USMS's use of
AFF funding, the Department is directed to provide the
Committee with quarterly reports that include: a detailed list
of USMS's AFF expenditures; the number of Federal employees and
contractor staff, including the assigned division for each, for
any personnel expenses using AFF funds; and justifications for
each expenditure, including connections with AFF-related
operations.
Implementation of International Megan's Law.--In 2009, to
fulfill the mission assigned it by the Adam Walsh and Child
Protection Safety Act of 2006, the USMS established the
National Sex Offender Targeting Center [NSOTC]. The mission of
the NSOTC is to serve as an interagency intelligence and
operations center supporting the identification, investigation,
location, apprehension, and prosecution of non-compliant,
unregistered fugitive sex offenders. In February 2016, Congress
passed, and the President signed, International Megan's Law
(Public Law 114-119), which granted new authorities to the USMS
regarding registered sex offenders. This new law, among other
things, directs the USMS to alert foreign governments when
registered sex offenders plan to travel abroad in an effort to
prevent further victimization of children.
Within the amount provided, the USMS shall dedicate not
less than $5,000,000 to fulfill the critical role of vetting
and providing notification of sex offenders traveling abroad,
including dedicating Deputy U.S. Marshals to this new mission.
The Committee expects that the funds provided herein will be
used to enhance the USMS's NSOTC role as detailed in the
International Megan's Law including, providing advanced notice
of travel by registered sex offenders to destination countries
using the INTERPOL notification system; coordinating
communication and enforcement between the newly established
Angel Watch Center within the Department of Homeland Security
and the NSOTC to carry out the required checks of State sex
offender registries, advanced notices of international travel
by registered offenders, the Angel Watch Center notifications
of covered sex offenders, and flight manifests; and
streamlining the international notification system to ensure
that no registered sex offenders go ``un-noticed'' when leaving
the United States.
Regional Fugitive Task Forces [RFTFs].--The oldest Federal
law enforcement agency, the USMS, is also the Federal
Government's primary agency for apprehending fugitives and
providing assistance and expertise to other Federal, State, and
local law enforcement agencies in support of fugitive
investigations. One key way to accomplish this dangerous task
is through the USMS's network of 60 district-led Violent
Offender Task Forces and seven RFTFs.
The Committee supports the USMS's request of $7,650,000 to
establish an additional RFTF in the location proposed in the
fiscal year 2017 budget request, including the hiring of Deputy
U.S. Marshals and other personnel to fully staff the RFTF. With
this new RFTF, the USMS expects it will be able to locate and
arrest the most egregious offenders, and help reduce violent
crime within our communities, including an anticipated
increased arrest rate of at least 840 violent fugitives. Should
the Department need additional resources to fully fund this
effort, funding from unobligated balances should be used.
Gang Enforcement.--The Committee recognizes the need to
reduce gang crime by apprehending violent fugitives. Within the
amount provided in the budget request, the USMS shall dedicate
no less than $5,000,000 to operate anti-gang investigative
units within the RFTFs, including supporting the supervisory,
operational, equipment, and training needs of these units, in
order to target gangs of national significance.
Sex Offender Apprehension.--The Adam Walsh Child Protection
and Safety Act of 2006 [AWA] (Public Law 109-248) gives the
USMS the authority to apprehend convicted sex offenders who
fail to register as fugitives. The act also directs the USMS to
assist jurisdictions in locating and apprehending these
individuals.
The Committee's recommendation provides not less than the
requested amount of $61,305,000 to continue AWA enforcement.
While the USMS is a leading DOJ agency conducting AWA-related
activities, the Committee notes that the administration
requests $188,116,000 throughout the Department to support the
entire suite of AWA enforcement, prosecutions, and nationwide
grants, which the Committee supports.
CONSTRUCTION
Appropriations, 2016.................................... $15,000,000
Budget estimate, 2017................................... 10,000,000
Committee recommendation................................ 10,000,000
The Committee's recommendation provides $10,000,000 for
construction in space controlled, occupied, or utilized by the
USMS in Federal courthouses and buildings, including but not
limited to the creation, renovation, and expansion of prisoner
movement areas, elevators, and other law enforcement and court
security support space. The recommendation is $5,000,000 below
the fiscal year 2016 enacted level and equal to the budget
request.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $1,454,414,000
Budget estimate, 2017................................... 1,504,009,000
Committee recommendation................................ 1,454,414,000
The Committee's recommendation provides $1,454,414,000 for
Federal Prisoner Detention [FPD]. The recommendation is equal
to the fiscal year 2016 enacted level including offsetting
funds from other accounts and is $49,595,000 below the budget
request.
The Committee expects the USMS to anticipate the true
funding needs for this account in order to avoid funding
shortfalls and the need for emergency reprogrammings to avert
deficiencies. The Committee directs the USMS to report to the
Committee on a quarterly basis the current number of
individuals in the detention system, the projected number of
individuals, and the associated annualized costs.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $95,000,000
Budget estimate, 2017................................... 97,337,000
Committee recommendation................................ 95,000,000
The Committee's recommendation provides $95,000,000 for the
National Security Division [NSD]. The recommendation is equal
to the fiscal year 2016 enacted level and $2,337,000 below the
budget request.
The NSD coordinates the Department's national security and
counterterrorism missions through law enforcement
investigations and prosecutions, and handles counterespionage
cases. The NSD works in coordination with the FBI, the
Intelligence Community, and the U.S. Attorneys. Its primary
function is to prevent acts of terrorism and espionage from
being perpetrated in the United States by foreign powers.
Combating Cyber Threats to National Security.--The
Committee's recommendation provides not less than the fiscal
year 2016 level for cybersecurity activities within the NSD for
investigative, prosecutorial, intelligence collection, and
oversight abilities that support the Intelligence Community in
identifying and disrupting cyber threats to national security.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
Appropriations, 2016.................................... $512,000,000
Budget estimate, 2017................................... 522,135,000
Committee recommendation................................ 512,000,000
The Committee's recommendation provides $512,000,000 for
Interagency Crime and Drug Enforcement. The recommendation is
equal to the fiscal year 2016 enacted level and $10,135,000
below the budget request.
The Interagency Crime and Drug Enforcement account funds
the Organized Crime and Drug Enforcement Task Forces [OCDETF],
which is the centerpiece of the Department's drug enforcement
and counternarcotics efforts. The mission of the OCDETF is to
ensure a coordinated, multi-agency, intelligence-based, and
prosecutor-led approach to identifying, disrupting, and
dismantling those drug trafficking and money laundering
organizations primarily responsible for the Nation's illicit
drug supply and drug-related violence.
Federal Bureau of Investigation
SALARIES AND EXPENSES
Appropriations, 2016.................................... $8,489,786,000
Budget estimate, 2017................................... 8,718,884,000
Committee recommendation................................ 8,617,133,000
The Committee's recommendation provides $8,617,133,000 for
the Federal Bureau of Investigation [FBI] salaries and
expenses. The recommendation is $127,347,000 above the fiscal
year 2016 enacted level and $101,751,000 below the budget
request.
Criminal Justice Information Services [CJIS].--The
Committee recommends the full funding request for CJIS
including fee collections. The recommendation provides up to
$121,081,000, the same as the requested level, for the FBI to
continue improvements to the National Instant Criminal
Background Check System [NICS] to increase the capacity and
efficiency of the existing NICS system to perform background
checks on prospective firearms buyers.
Cybersecurity.--The FBI remains the only agency with the
statutory authority, expertise, and ability to combine
counterterrorism, counterintelligence, and criminal
investigatory resources to neutralize, mitigate, and disrupt
illegal computer-supported operations domestically. The
Committee supports the requested $17,950,000 adjustments-to-
base increase for cybersecurity activities throughout the FBI.
In addition, the Committee supports the programmatic increases
of $43,075,000 at the Cyber Division as part of the Bureau's
ongoing efforts to strengthen its cyber capabilities and
investigations including those into ransomware attacks against
institutions such as hospitals.
Terrorist Explosive Device Analytical Center [TEDAC].--The
Committee continues to view TEDAC as a critical resource in
combating the global threat posed by terrorist use of
explosives and in sharing Improvised Explosive Devices [IED]
threat information and intelligence. As such, the Committee's
recommendation provides $61,700,000 of full operational funding
to TEDAC in fiscal year 2017, which the administration proposed
to partially cut in the budget request. This funding will
continue to strengthen the role of TEDAC as the U.S.
Government's strategic-level improvised explosive device
exploitation center and provide the resources necessary to
staff the new facility as it comes online.
Associated with TEDAC, the Committee provides $1,700,000
for additional operational support associated with the counter-
IED campus encompassing TEDAC, Hazardous Devices School Weapons
of Mass Destruction Directorate, and other FBI operations co-
located together. Funding will be used for the operations of an
in-processing center for FBI employees, official visitors, and
students attending training, as well as support for the project
management office.
Hazardous Devices School [HDS].--HDS is the sole U.S.
Government entity for accrediting and certifying U.S. public
safety bomb squads and bomb technicians. The Committee notes
that the FBI and the Department of the Army have completed a
staffing transition at HDS that maintains the instruction and
increases operational efficiencies and effectiveness at the
school. The Committee does not support the budget request to
cut HDS and instead reinstates full funding for operations
provided in fiscal year 2016.
Ballistic Research Facility.--The Committee supports the
relocation of the Ballistic Research Facility, which had to
move due to facility limitations at the FBI Academy grounds.
The recommendation provides $1,000,000 above the fiscal year
2016 level for additional staff and equipment for the new
facility's operations.
Human Rights Violations.--The Committee directs the FBI to
continue its efforts to investigate and support the DOJ's
criminal prosecution of serious human rights crimes committed
by foreign nationals, including genocide, torture, use or
recruitment of child soldiers, and war crimes. The Committee's
recommendation continues funding this effort at the fiscal year
2016 enacted level.
Innocent Images National Initiative.--The Committee's
recommendation provides $79,114,000 for the Innocent Images
National Initiative, which is $886,000 above the requested
level, allowing the FBI to target and investigate sexual
predators on the Internet. This funding will address the
critical requirements for Federal law enforcement in targeting
child sexual exploitation and child victimization. The
Committee is concerned that the proposed reductions to the base
program are insufficient to cover the current Innocent Images
caseload.
FBI Specialized Fleet Issues.--As the FBI has diverse
investigatory missions, the Committee understands there are
subsequent unique needs for vehicle purchases to appropriately
assist with investigations. The FBI is directed to report to
the Committee on any policy or legislative barriers to
obtaining the necessary vehicles, including recommended changes
to policy or law.
CONSTRUCTION
Appropriations, 2016.................................... $308,982,000
Budget estimate, 2017................................... 783,482,000
Committee recommendation................................ 833,982,000
The Committee's recommendation provides $833,982,000 for
FBI construction. The recommendation is $525,000,000 above the
fiscal year 2016 enacted level and $50,500,000 above the budget
request.
FBI Headquarters Consolidation.--The Committee expects the
FBI and the General Services Administration [GSA] to continue
to coordinate closely on moving forward in a timely and
transparent way with the full consolidation of FBI
Headquarters. Consolidation is critical to an FBI workforce
that is currently dispersed between the J. Edgar Hoover
building and approximately 13 leased offices in the National
Capital region. The Committee supports the administration's
request of $646,000,000 within the FBI's Construction account
to build a new FBI Headquarters facility that will provide the
operational work environment necessary for the FBI to be
successful in performing its national security, intelligence,
and criminal investigative missions.
21st Century Facilities.--The Committee is aware that as
the FBI prepares to transition to a new headquarters, the
Bureau is developing a strategic plan for its facilities that
establishes a long-term vision to improve its operations,
taking into consideration its changing footprint at Quantico.
In drafting the plan, the FBI has sought to identify missions,
workforce, and land requirements to secure space for supporting
a variety of functions. The Committee supports the FBI's vision
for the strategic plan, and encourages the Bureau to formalize
its concepts into a multi-year phased proposal.
In the meantime, the Committee supports the FBI's near-term
facility plans to better leverage current agency investments in
the co-location of TEDAC, HDS, and Weapons of Mass Destruction
Directorate [WMDD] explosives-related training operations. The
Committee provides $75,500,000 to complete the FBI's project
development currently underway in this field so as to continue
transforming the campus into a key government research and
development center. Such facilities should include: phase 4 of
TEDAC's Explosives Technical Laboratory, mobile deployment
trailers pad, warehouse for response vehicles, and forensic
explosives test range; further HDS range modernizations; base
infrastructure improvements and in-processing entry control;
interim Regional Computer Forensic Laboratory and Training
Facility; and defense systems unit facility.
Drug Enforcement Administration
SALARIES AND EXPENSES
Appropriations, 2016.................................... $2,451,514,000
Budget estimate, 2017................................... 2,485,638,000
Committee recommendation................................ 2,485,638,000
The Committee's recommendation provides total resources of
$2,485,638,000 for the Drug Enforcement Administration [DEA],
of which $382,662,000 is derived from the DEA's Drug Diversion
Control Fee Account. The recommendation is $34,124,000 above
the fiscal year 2016 enacted level and the same as the budget
request.
The DEA's mission is to enforce the controlled substances
laws and regulations of the United States and bring to the
criminal and civil justice system of the United States--or any
other competent jurisdiction--those organizations and principal
members of organizations involved in the growing,
manufacturing, or distribution of controlled substances
appearing in or destined for illicit traffic in the United
States; and to support non-enforcement programs aimed at
reducing the availability of illicit controlled substances on
the domestic and international markets.
Heroin Enforcement Groups.--As the DEA's 2015 National Drug
Threat Assessment notes, heroin and the illegal use of
prescription drugs are now the most significant drug threats in
the United States. To combat this growing threat, the Committee
provides $12,500,000 to the DEA for the creation of four new
enforcement groups concentrated on targeting, disrupting, and
dismantling heroin trafficking.
Diversion Control Program.--Full funding of $382,662,000 is
provided for the Diversion Control Program, which is an
increase of $11,148,000 from the fiscal year 2016 enacted level
for expanded forensic support of diversion cases and is fully
offset with fee collections.
Drug Diversion at Veterans Health Administration
Facilities.--The Committee remains alarmed by the rates of
prescription drug opioid abuse and related overdoses among
veterans, as well as allegations of diversion of prescription
opioids from Veterans Health Administration [VHA] facilities
into the illicit drug market. The notion that VHA facilities
are a source for the illicit distribution and use of opioids is
extremely concerning, and the Committee directs the DEA to
ensure that investigations of drug diversion in VHA facilities
remain a priority and that sufficient resources are allocated
for these efforts from the funds appropriated for its
operations. The Committee anticipates reviewing the reports
regarding drug diversion investigations involving the VHA, as
requested in Senate Report 114-66.
Cooperation with State and Local Forensic Crime Laboratory
Community.--The Committee encourages the DEA to collaborate and
share any available resources with State and local forensic
crime laboratories in their important efforts to combat the
growing use of synthetic, or designer, drugs.
Medical Registration Coordination.--The Committee directs
the Attorney General to coordinate with the Secretary of Health
and Human Services to take additional steps to limit the over-
prescribing of opioids by medical practitioners and clearly
identify how the DEA can help to regulate registrations for the
dispensing of controlled substances based on this criterion.
Not later than 90 days after enactment of this act, both the
Departments of Justice and Health and Human Services shall
submit to the Committee a plan for moving forward on this
effort, including ways for medical professionals to
demonstrate, via certification to the DEA, that they have
obtained training in proper prescribing of schedule II
controlled substances, including pain management, and the
prevention and treatment of addiction.
Implementation and Compliance with Recent Law.--The
Committee urges the DEA to promptly implement Public Law 114-
89, the Improving Regulatory Transparency for New Medical
Therapies Act, which streamlines DEA 's approval process for
drugs that fall under the Controlled Substances Act by creating
a specific timeline for the DEA to schedule certain controlled
substances. The Committee directs that the DEA report to the
Committee within 180 days of the enactment of this act on its
efforts to implement Public Law 114-89, including logistical or
resource constraints. The DEA is urged to continue efforts to
improve communication and transparency with stakeholders
regarding its prescription drug diversion efforts.
The Committee also directs the DEA to report to the
Committee within 180 days of the enactment of this act on its
efforts to implement Public Law 113-260, the Designer Anabolic
Steroid Control Act of 2014, which was enacted on December 14,
2014.
Cybersecurity.--Within the funding provided, the Committee
supports the budget request to increase cybersecurity
activities at DEA by $7,763,000, for a total of $30,602,000,
which includes improving DEA's internal network defenses and
investigating and monitoring online pharmacies.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
Appropriations, 2016.................................... $1,240,000,000
Budget estimate, 2017................................... 1,306,063,000
Committee recommendation................................ 1,258,600,000
The Committee's recommendation provides $1,258,600,000 for
the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF].
The recommendation is $18,600,000 above the fiscal year 2016
enacted level and $47,463,000 below the budget request. ATF has
diverse law enforcement responsibilities, and the funding
increase is provided to allow ATF to carry out these duties and
to fill vacant existing positions.
The ATF reduces the criminal use of firearms and illegal
firearms trafficking, and assists other Federal, State, and
local law enforcement agencies in reducing crime and violence.
The ATF investigates bombing and arson incidents and assists
with improving public safety by reducing the criminal misuse of
and trafficking in explosives, combating acts of arson and
arson-for-profit schemes, and removing safety hazards caused by
improper and unsafe storage of explosive materials.
Combating Gun Violence and Enforcing Existing Gun Laws.--
The Committee's recommendation maintains ATF's ability to
enforce existing firearms laws and perform regulatory oversight
and training, including the National Integrated Ballistics
Information Network [NIBIN]. This will enable the ATF to
continue to collect, report, and share ballistic intelligence
with Federal, State, local and tribal law enforcement partners
to identify, target, and disrupt violent criminals, including
serial shooters. Funds will support work with State and local
law enforcement agencies and laboratories to collect ballistic
hit information to provide leads to Firearms Intelligence
Groups for investigations and document successful prosecutions
as a result of NIBIN.
United States Bomb Data Center.--The Committee is
encouraged by ATF's recent announcement that it is permanently
moving the U.S. Bomb Data Center [USBDC] to the National Center
for Explosives Training and Research, which will effectively
combine the three components of explosives research, training,
and information sharing in one location. DOJ has designated the
Bomb Arson Tracking System [BATS] repository maintained at the
USBDC as the sole repository for explosives incidents, and has
directed all DOJ components to use this system to document
explosives-related incidents. The Committee believes that the
USBDC will be more productive with regular input and analysis
from multiple agencies. The Committee encourages ATF to work
with the FBI and the Department of Homeland Security's Office
of Bombing Prevention to make space available for any analysts
or agents from those agencies who may be assigned to the USBDC
to increase Federal collaboration on bomb information.
United States-Mexico Firearms Trafficking.--The Committee
continues to support the ATF's efforts to combat weapon
trafficking on the border. The ATF shall continue to provide
the Committee with annual data on the total number of firearms
recovered by the Government of Mexico, and of those, the number
for which an ATF trace is attempted, the number successfully
traced, and the number determined to have originated in the
United States prior to being recovered in Mexico.
National Center for Explosives Training and Research
[NCETR].--The Committee supports the enhancements at NCETR,
including additional advanced explosives disposal techniques
courses for public safety bomb technicians. Given that NCETR
serves as the Bureau's Center of Excellence for arson and
explosives training, the Committee supports co-locating the
Bureau's canine training operations for explosives and
accelerant detection at NCETR in fiscal year 2017 and directs
ATF to provide details on the merger as part of the
Department's spending plan. The Committee also supports NCETR's
research expertise and encourages further investigations into
the functions and effects of explosive devices in order to
better exploit design weaknesses. Within the increased funds
provided for ATF in fiscal year 2017, up to $2,500,000 may be
made available for an advanced counter explosive device
research program focusing on hypervelocity impact and
hypervelocity flight dynamics.
Federal Prison System
The Committee's recommendation provides a total of
$7,094,222,000 for the Federal Prison System, or the Bureau of
Prisons [BOP]. The recommendation is $386,978,000 below the
fiscal year 2016 enacted level and $207,725,000 below the
budget request.
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $6,948,500,000
Budget estimate, 2017................................... 7,186,225,000
Committee recommendation................................ 6,978,500,000
The Committee's recommendation provides $6,978,500,000 for
BOP salaries and expenses. The recommendation is $30,000,000
above the fiscal year 2016 enacted level and $207,725,000 below
the budget request. The Committee supports the Department's
request to increase funding for BOP's cybersecurity, including
improving network defenses and mitigating insider threats.
Augmentation.--Although the overall Federal inmate
population has declined from fiscal year 2015 to fiscal year
2016, overcrowding remains a serious threat to officer safety,
particularly at high and medium security facilities which are
overcrowded at rates of 45 percent and 28 percent,
respectively. To meet staffing needs, the BOP routinely uses a
process called ``augmentation'', whereby a non-custody employee
is assigned custody responsibilities. The Committee directs the
BOP to curtail its overreliance on augmentation and instead
hire additional full-time correctional staff before continuing
to augment existing staff. BOP is further directed to submit
quarterly reports to the Committee on the inmate-to-
correctional officer ratios at each facility.
Unit Officer Staff at High Security Institutions.--The
Committee supports the continued efforts to sustain the
addition of correctional officers for each housing unit at high
security institutions to ensure that no officer has to work
alone. This will allow all BOP high security institutions to
have at least two correctional officers on duty in each housing
unit for all three shifts. BOP is directed to submit quarterly
reports to the Committee showing compliance and provide a
strategic plan for implementation for any high security
institution that has not activated the second officer within 90
days of enactment of this act.
Alleviating Overcrowding at High Security Facilities.--The
overcrowding rate at high-security prisons continues to remain
high at 45 percent. The Committee supports BOP's efforts to
alleviate overcrowding at high security facilities through the
process of opening additional prisons. The Committee expects
the BOP to adhere to the activation schedule included in the
BOP's budget submission regarding these prison facilities,
including the new U.S. Penitentiary in Thomson, Illinois. The
BOP shall notify the Committee of any deviations from this
schedule.
Medication-Assisted Treatment Pilot Expansion.--The
Committee supports the request of $1,000,000 for the BOP to
continue the medication-assisted treatment pilot program for
inmates with heroin and opioid addiction. This voluntary pilot
program will treat approximately 200 inmates.
Federal Detainers.--In an effort to ensure that criminal
aliens are not improperly released into our communities, the
Committee directs the BOP to offer Immigration and Customs
Enforcement [ICE] the first opportunity to take into custody
and remove an individual with a Federal detainer instead of BOP
and ICE automatically deferring to States and municipalities
who are seeking custody of the same individual. ICE's decision
to exercise this right of first refusal with BOP will be
informed, in part, by the State or municipality's willingness
to cooperate with Federal authorities on ICE detainers.
International Prisoner Transfer Program.--The Committee is
interested in the Department's effective use and administration
of the International Prisoner Transfer Program, which permits
certain foreign national inmates from treaty nations to serve
the remainder of their sentences in their home countries. While
the BOP has made efforts to improve its utilization of this
program after a 2011 review by the DOJ Office of the Inspector
General, the Committee is disappointed that the program remains
significantly underused. Increasing the number of foreign
national inmates transferred out of BOP facilities to their
home countries could result in considerable cost savings.
The BOP, in coordination with the Criminal Division, is
directed to submit a report to the Committee not later than 90
days after enactment of this act detailing how the
International Prisoner Transfer Program is currently being
administered, including: methods for educating eligible foreign
national inmates about the program, the estimated number of
currently eligible foreign national inmates compared to the
number of applicants, the process for approving transfers, the
number of prisoner transfers in the previous 5 fiscal years,
the corresponding countries to which prisoners were
transferred, and the long-term cost savings this program has
achieved for BOP along with projected cost savings if the
program were operating at full capacity.
The Committee continues to await the overdue submission of
this report as directed by Senate Report 114-66 and requests
its immediate submission.
BUILDINGS AND FACILITIES
Appropriations, 2016.................................... $530,000,000
Budget estimate, 2017................................... 113,022,000
Committee recommendation................................ 113,022,000
The Committee's recommendation provides $113,022,000 for
the construction, modernization, maintenance, and repair of
prison and detention facilities housing Federal prisoners. The
recommendation is $416,978,000 below the fiscal year 2016
enacted level and equal to the budget request.
The Committee includes bill language in Title V--General
Provisions stipulating that no BOP resources may be used for
facilities to house detainees from the United States Naval
Station, Guantanamo Bay, Cuba.
Reporting.--The Committee believes that the consideration
of any new facility or facility expansion should be based upon
a long-term strategic plan which incorporates a robust capital
planning process including leading capital planning practices
as outlined in OMB and GAO guidance. The Committee directs the
BOP to continue providing quarterly reports to the Committee on
the progress of its efforts, including funding for new prison
construction if merited in future requests.
The Committee also directs the BOP to continue providing
the Committee with the most recent monthly status of
construction report, and to notify the Committee of any
deviations from the construction and activation schedule
identified in that report, including detailed explanations of
the causes of delays and actions proposed to address them.
FEDERAL PRISON INDUSTRIES, INCORPORATED
(LIMITATION ON ADMINISTRATIVE EXPENSES)
Appropriations, 2016.................................... $2,700,000
Budget estimate, 2017................................... 2,700,000
Committee recommendation................................ 2,700,000
The Committee's recommendation provides a limitation on the
administrative expenses of $2,700,000 for the Federal Prison
Industries, Inc. The recommendation is equal to the fiscal year
2016 enacted level and the budget request.
State and Local Law Enforcement Activities
In total, the Committee recommends $4,937,449,000 for State
and local law enforcement and crime prevention grant programs,
including: $1,980,449,000 in discretionary appropriations and
in mandatory appropriations, and $2,957,000,000 from funds
provided under section 510 of this act. The total is
$300,511,000 below the fiscal year 2016 enacted level and
$812,949,000 above the budget estimate.
Management and Administration Expenses.--The Department
shall, in preparing its fiscal year 2017 spending plan, assess
management and administration [M&A] expenses compared to
program funding. The Committee directs the Department to ensure
that its assessment methodology is equitable and, for programs
funded through the Crime Victims Fund, that the assessment
reflects a fair representation of the share of each program
devoted to common M&A costs. The Committee also directs grant
offices to minimize administrative spending in order to
maximize the amount of funding that can be used for grants or
training and technical assistance. The Committee reiterates the
direction provided in Public Law 113-76 that the Department
shall detail, as part of its budget submission for fiscal year
2018 and future years, the actual costs for each grant office
with respect to training, technical assistance, research and
statistics, and peer review for the prior fiscal year, along
with estimates of planned expenditures by each grant office in
each of these categories for the current year and the budget
year.
Compliance with Federal Laws.--The Committee directs the
Department to ensure that all applicants for Edward Byrne
Memorial Justice Assistance Grants [Byrne JAG], Community
Oriented Policing Services [COPS] grants, and State Criminal
Alien Assistance Program [SCAAP] funds are required to attest
and certify that the potential grant recipients are in
compliance with all applicable Federal laws, and shall be
required to continue to remain compliant throughout the
duration of their grant award period as the Attorney General
has testified before this Committee.
Prudence in Budget Proposals for Grant Programs.--Many of
the initiatives proposed by the Department come at the expense
of effective existing grant programs which currently serve our
communities, including State and local law enforcement, well.
Such proposals put the Committee in an untenable position in a
fiscal environment of limited funding resources. As virtually
all of the new programs proposed for funding have never been
authorized or previously vetted by Congress, the Committee is
left to choose between well-established grant programs and new
ideas which are untested. The Committee reminds the Department
to work more closely with the appropriate congressional
committees to seriously consider the modification or omission
of existing outdated programs before new proposals and
initiatives are unveiled.
Duplication of DOJ Grant Programs.--The Committee believes
that, as the Federal budget continues to experience fiscal
constraints, there is an ever-increasing need to ensure that
governmental resources, including those awarded through grants
and subgrants, are appropriately targeted and that unnecessary
duplication is mitigated. Recent GAO reports have found that,
as established in statute, some of the grant programs
administered by the Office of Justice Programs [OJP], Office on
Violence Against Women [OVW], and the COPS Office are similar
in scope and grant applicants can apply for and receive grant
awards from more than one program. Moreover, grant recipients
may choose to award a portion of their grant to subgrantees.
These subgrantees may also apply directly to Justice for
funding through other grant programs for the same or similar
purposes.
Yet, the Department's ability to characterize the landscape
of potential duplicative programs and overlapping award
opportunities remains unsatisfactory. This was evident during
the Committee's February 25, 2016, hearing on DOJ's fiscal year
2017 budget request, when a Committee member noted that the
Department's recent efforts to follow Committee direction from
the fiscal year 2016 act to report duplications in Justice
grants resulted in a paltry three page document of very general
statements with no real detail. A more comprehensive report on
duplication is clearly needed. Therefore, the Attorney General
shall submit a report to the Committee within 120 days of
enactment of this act that includes the following:
--An assessment to better understand the extent to which
DOJ grant programs overlap with one another along with a
determination as to whether grant programs should be
consolidated to mitigate the risk of unnecessary duplication.
To the extent that DOJ identifies any statutory obstacles to
consolidating its grant programs, it should work with Congress
to address them, as needed; and
--Direction given to granting agencies to coordinate with
one another on a consistent basis to review potential or recent
grant awards, including subgrant awards reported by DOJ prime
grant awardees, to the extent possible, before awarding grants.
This could help ensure an accurate understanding of DOJ
resources already provided to applicants and the communities
they serve, as well as knowledge of those applicants proposing
to carry out the same or similar activities with funds from one
or more of the granting agencies' programs. The Department
should also take steps to establish written policies and
procedures to govern this coordination and help ensure that it
occurs.
Grant Funding Set-Asides.--The Committee notes the
significant number of reductions in grant funding allowable for
various purposes, including training, technical assistance,
research, evaluation and statistics activities with set-asides
ranging anywhere from 2 percent to 10 percent of total grant
funding provided. To that end, the Committee directs the
Department to continue providing a comprehensive report
concurrently with the spending plan that details the total
amount provided for each grant program in this act, the
specific reductions taken, the purpose for those reductions and
the final use of those resources, including any transfers that
may occur within OJP, OVW, and COPS. The Committee expects that
the report will provide a complete analysis of the final
amounts externally awarded and the amounts retained internally
for other purposes.
Grant Funds for Rural, High Poverty Areas.--The Committee
is concerned about the needs of rural, high poverty areas,
especially those communities with high crime rates. The
Committee wants to ensure that the challenges encountered by
the residents of these areas are being addressed through the
equitable use of grant funding. The Committee reminds the
Department to keep the unique needs of rural, high poverty
communities in mind when making grant awards through the
numerous programs funded under this act.
Performance Partnership Pilots.--The bill includes language
permitting OJP to participate, with other Federal agencies, in
the Performance Partnership Pilot program authorized in
division H of Public Law 113-76 and division G of Public Law
113-235. Performance Partnership Pilots take an evidence-based
approach to better serve disconnected youth in our communities.
The Committee supports innovative efforts to coordinate
programs across the Federal Government that serve these young
people. Nonetheless, the Department must remain accountable for
the proper use and effectiveness of its grant funds. The
proposal for these pilots states that outcome-focused criteria
will be used as part of the evaluation process. In addition,
jurisdictions receiving funding will be held accountable to a
set of cross-agency, data-driven outcomes and interventions
will be measured and rigorously evaluated using real-time
performance and outcome data.
The Department's Office of Inspector General should
continue to coordinate with the Inspectors General of other
participating departments and agencies to ensure timely audits
and oversight of these funds.
Trauma-Informed Training.--The Committee encourages the
Department's grant making agencies to focus on efforts to
provide specialized trauma-informed training in responding to,
and investigating, sexual assault, including forensic
interviewing and evidence-gathering techniques and trauma-
informed investigative skills. The goal is to increase the
capacity of law enforcement agencies whose officers may come
into contact with survivors of sexual assault, including
survivors of sexual assault on college campuses, and to help
ensure law enforcement resources are made available in an
appropriate and timely manner.
Submission of Officer Training Information.--The Committee
directs the Department to continue following direction provided
in fiscal year 2016 regarding the submission of officer
training data as part of the Byrne-JAG and COPS hiring grant
process.
Office for Victims of Crime Final Rulemaking.--While the
deadline for public comment to the Office for Victims of
Crime's proposed rulemaking on changes to Victim Assistance
formula grants was October 28, 2013 [28 CFR Part 94], no final
regulations have been announced nearly 3 years later. The
Committee requests an expeditious closure to this review and
publication of a final rulemaking. Unserved and underserved
victim service areas such as tribal communities; human, sex,
and labor trafficking victims; and exonerees should be given
consideration for covered purpose areas of victim assistance.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
Appropriations, 2016.................................... $480,000,000
Budget estimate, 2017................................... \1\489,000,000
Committee recommendation................................ \2\481,500,000
\1\Of the $489,000,000 provided in this heading, $326,000,000 is
requested to be derived from funding available under section 510 of this
act.
\2\Of the $481,500,000 provided in this heading, $102,500,000 is
provided in direct appropriations and $379,000,000 is derived by
transfer from amounts available for obligation in this Act from the Fund
established by section 1402 of chapter XIV of title II of Public Law 98-
473 (42 U.S.C. 10601), notwithstanding section 1402(d) of such act of
1984.
The Committee's recommendation provides $481,500,000 for
OVW grants. The recommendation is $1,500,000 above the fiscal
year 2016 enacted level, and $7,500,000 below the budget
request. Resources are provided to the OVW to respond to the
needs of all victims of domestic violence, sexual assault,
dating violence, and stalking, including, but not limited to,
Native women, immigrants, LGBT victims, college students,
youths, and public housing residents.
The table below displays the Committee's recommendations
for the programs under this office.
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
STOP Grants............................................ 215,000
Transitional Housing Assistance........................ 30,000
National Institute of Justice Research and Evaluation 3,000
on Violence Against Women.............................
Consolidated Youth Oriented Program.................... 11,000
Grants to Encourage Arrest Policies.................... 53,000
Homicide Reduction Initiative...................... [4,000]
Domestic Violence Firearm Lethality Reduction [4,000]
Initiative........................................
Sexual Assault Victims Services........................ 35,000
Rural Domestic Violence Assistance Grants.............. 35,000
Violence on College Campuses........................... 20,000
Civil Legal Assistance................................. 45,000
Elder Abuse Grant Program.............................. 5,000
Family Civil Justice................................... 16,000
Education and Training for Disabled Female Victims..... 6,000
National Center on Workplace Responses................. 500
Research--Violence Against Indian Women................ 1,000
Sex Assault in Indian Country Clearinghouse............ 500
Tribal Special Domestic Violence Criminal Jurisdiction. 4,000
Rape Survivor Child Custody Act........................ 1,500
Total............................................ 481,500
------------------------------------------------------------------------
STOP Grants.--Within the discretionary budget authority
appropriated, $215,000,000 is for formula grants to the States.
This is $15,000,000 above the budget request and equal to the
fiscal year 2016 enacted level. The recommendation supports
increasing access to comprehensive legal services for victims,
providing short-term housing assistance and support services
for domestic violence victims, and education and training to
end violence against and abuse of women with disabilities.
The Committee has included bill language providing a 1-year
exemption from the penalties required under the Prison Rape
Elimination Act for the OVW's STOP Grants.
Sexual Assault Services Act [SASA].--The Committee's
recommendation provides $35,000,000, which is equal to the
budget request and the fiscal year 2016 enacted level, to
directly fund the needs of sexual assault victims.
As part of VAWA 2005 and reauthorized by VAWA 2013, the
Sexual Assault Services Program addresses considerable gaps in
services to sexual assault victims. The Committee supports a
dedicated stream of funding to provide a broad range of
services to male, female, and child sexual assault victims and
their families through the well-established and well-regarded
system of community-based rape crisis centers throughout the
United States, and maintains its strong commitment to ensuring
that these rape crisis centers have access to technical
assistance, training, and support.
Office of Justice Programs
The Office of Justice Programs [OJP] is responsible for
providing leadership, coordination, and assistance to its
Federal, State, local, and tribal partners to enhance the
effectiveness and efficiency of the U.S. justice system in
preventing, controlling, and responding to crime. As most of
the responsibility for crime control and prevention falls to
law enforcement officers in States, cities, and other
localities, the Federal Government is effective in these areas
only to the extent that it can enter into successful
partnerships with these jurisdictions. Therefore, the OJP is
tasked with administering grants; collecting statistical data
and conducting analyses; identifying emerging criminal justice
issues; developing and testing promising and innovative
approaches to address these issues; evaluating program results;
and disseminating these findings and other information to
State, local, and tribal governments. The Committee directs the
OJP to submit a quarterly report on grant programs that have
not received a sufficient number of qualified applicants.
Gang Prevention Grants and Crime Rates.--The Committee
remains concerned about gang activity and violent crime
throughout the country, noting that Federal partnership with
law enforcement is essential not only in our largest cities,
but also in suburban and rural jurisdictions, where gang
activity and violent crime rates can exceed national averages.
To strengthen Federal partnership across all jurisdictions, the
Committee directs the OJP to review the criteria by which the
OJP awards discretionary grants relating to gang violence and
prevention under the State and Local Law Enforcement Assistance
and Juvenile Justice Programs on a per capita basis of
applicant cities and jurisdictions where gang activity and
violent crime rates exceed national averages. The Committee
encourages the OJP to report on the relative success rate of
awards granted to applicant cities and jurisdictions with
disproportionately high gang and violent crime activity,
including the murder rates of those cities and jurisdictions.
The report should also consider the relative success rate of
applicant cities and jurisdictions that have an established
gang commission or community planning body, have completed the
Office of Juvenile Justice Delinquency Prevention [OJJDP] gang
assessment, and have consulted with or received technical
assistance from the OJJDP National Gang Center regarding gang
initiatives in the community.
Legal Training.--Training of State and local prosecutors
and defense attorneys is essential to the functioning of the
criminal justice system and ensuring justice is served. The
Committee encourages OJP to explore funding options, including
Byrne-JAG, that support training for prosecutors and defense
attorneys that provide a hands-on approach to topics such as
criminal process, trial advocacy, ethics, and evidence.
Combating Online Crime, Hate, and Terror Groups.--The
Committee encourages OJP to provide funding within existing
grant opportunities targeted at expanding the ability of
academic forensic technology programs to assist in identifying
and profiling online crime, hate, and terror groups.
RESEARCH, EVALUATION AND STATISTICS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $116,000,000
Budget estimate, 2017................................... 154,000,000
Committee recommendation................................ 118,000,000
The Committee's recommendation provides $118,000,000 for
the Research, Evaluation and Statistics account. The
recommendation is $2,000,000 above the fiscal year 2016 enacted
level and $36,000,000 below the budget request.
Funding in this account provides assistance in the areas of
research, evaluation, statistics, hate crimes, DNA and
forensics, criminal background checks, and gun safety
technology, among others.
The Committee's recommendations are displayed in the
following table:
RESEARCH, EVALUATION AND STATISTICS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
Bureau of Justice Statistics......................... 41,000
National Institute of Justice........................ 36,000
Regional Info Sharing Activities..................... 36,000
Forensic Initiative.................................. 5,000
Transfer to NIST................................. [4,000]
------------------
Total.......................................... 118,000
------------------------------------------------------------------------
Spending Plans.--The Department shall submit to the
Committee as part of its spending plan for State and Local Law
Enforcement Activities a plan for the use of all funding
administered by the National Institute of Justice and the
Bureau of Justice Statistics, respectively, for approval by the
Committee prior to the obligation of any such funds.
National Institute of Justice [NIJ].--The Committee's
recommendation provides $36,000,000 for the NIJ, in addition to
$4,000,000 transferred from the OVW for research and evaluation
on violence against women and Indian women. The NIJ's mission
is to advance scientific research, development, and evaluation
to advance the administration of justice and public safety.
Forensic Initiative.--The Committee provides $5,000,000 for
a forensic initiative, of which $4,000,000 is provided by
transfer to the National Institute of Standards and Technology
[NIST] to support Scientific Working Groups. The Department of
Justice shall coordinate its forensic initiative activities
with NIST.
Regional Information Sharing Activities.--The Committee
recommends $36,000,000, an increase of $11,000,000 above the
budget request and $1,000,000 above the fiscal year 2016
enacted level, to support activities that enable the sharing of
nationwide criminal intelligence and other resources with
State, local, and other law enforcement agencies and
organizations. Such activities should address critical and
chronic criminal threats, including gangs, terrorism,
narcotics, weapons and officer safety or ``event
deconfliction,'' and should reflect regional as well as
national threat priorities. In addition, funds shall be
available to support local-to-local law enforcement data and
information sharing efforts focused on solving routine crimes
by sharing law enforcement information not categorized as
criminal intelligence. All activities shall be consistent with
national information-sharing standards and requirements as
determined by the Bureau of Justice Assistance.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $1,408,500,000
Budget estimate, 2017................................... 1,097,800,000
Committee recommendation................................ 1,183,649,000
The Committee's recommendation provides $1,183,649,000 for
State and local law enforcement assistance. The recommendation
is $227,500,000 below the fiscal year 2016 enacted level, and
$83,200,000 above the budget request.
The Committee's recommendations are displayed in the
following table:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants............. 384,000
VALOR Initiative................................. [15,000]
Smart Policing................................... [10,000]
Smart Prosecution................................ [2,500]
Firearm Safety and Gun Locks..................... [1,000]
NamUS............................................ [2,400]
Improved Police Responses to the Mentally Ill.... [5,000]
State Criminal Alien Assistance Program.............. 100,000
Victims of Trafficking Grants........................ 47,649
Drug Courts.......................................... 43,000
Mentally Ill Offender Courts......................... 11,000
Residential Substance Abuse Treatment................ 14,000
Capital Litigation/Wrongful Prosecution Review....... 2,500
Economic, High-Tech, and Cybercrime Prevention....... 14,000
IP Enforcement................................... [2,500]
Cybercrime Prosecutor Pilot Program.............. [1,000]
John R. Justice Grant Program........................ 2,000
Adam Walsh Act Implementation........................ 20,000
Children Exposed to Violence Initiative.............. 8,000
Bulletproof Vests Partnership........................ 22,500
Transfer to NIST/OLES............................ [1,500]
National Sex Offender Public Web site................ 1,000
Violent Gang and Gun Crime Reduction................. 6,500
National Instant Criminal Background Check System 75,000
[NICS] Initiative...................................
NICS Improvements................................ [25,000]
Paul Coverdell Forensic Science...................... 13,500
DNA Initiative....................................... 125,000
Debbie Smith DNA Backlog Grants.................. [117,000]
Kirk Bloodsworth Post-Conviction DNA Testing [4,000]
Grants..........................................
Sex Assault Exam Kits............................ [4,000]
Community-Based Sexual Assault Response Reform....... 45,000
Court-Appointed Special Advocates [CASA]............. 9,000
Second Chance Act.................................... 75,000
Smart Probation.................................. [6,000]
Children of Incarcerated Parents Demo Grants..... [5,000]
Project HOPE Opportunity Probation with [4,000]
Enforcement.....................................
Pay for Success.................................. [7,500]
Veterans Treatment Courts............................ 6,000
Prescription Drug Monitoring......................... 14,000
Comprehensive School Safety Program.................. 75,000
Community Trust Initiative........................... 70,000
Body-Worn Camera Partnership Program............. [22,500]
Justice Reinvestment Initiative.................. [25,000]
Byrne Criminal Justice Innovation Program........ [17,500]
National Crime Statistics Exchange (NCS-X)....... [5,000]
------------------
Total.......................................... 1,183,649
------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grant Program.--
The Committee recommends $384,000,000 for Edward Byrne Memorial
Justice Assistance Grants [Byrne-JAG]. Funding is not available
for luxury items, real estate, or construction projects. The
Department should expect State, local, and tribal governments
to target funding to programs and activities that conform with
evidence-based strategic plans developed through broad
stakeholder involvement. The Committee directs the Department
to make technical assistance available to State, local, and
tribal governments for the development or update of such plans.
Funding is authorized for law enforcement programs including
those that promote data interoperability between disparate law
enforcement entities; prosecution and court programs;
prevention and education programs; corrections programs; drug
treatment and enforcement programs; planning, evaluation, and
technology improvement programs; and crime victim and witness
programs, other than compensation.
Training for Forensic Services.--The Committee is
interested in solution-based approaches to train local law
enforcement officers and utilize available technology to reduce
court backlogs and prosecutions. To the extent appropriate, OJP
should explore ways to provide resources for multi-
jurisdictional forensic service providers, in collaboration
with universities, to provide access to forensic expertise,
assistance, and continuing education to law enforcement
agencies. The Committee encourages OJP to remind awardees that
these objectives could be met through the Byrne-JAG program.
VALOR Initiative.--The Committee's recommendation fully
funds the budget request of $15,000,000 within Byrne-JAG for
the Officer Robert Wilson III Preventing Violence Against Law
Enforcement Officer Resilience and Survivability Initiative
[VALOR]. This is a national training initiative that promotes a
culture of safety within Federal, State, local, and tribal law
enforcement agencies by training officers to respond to and
react better in deadly situations, such as ambush attacks,
while on duty. The Committee expects Federal law enforcement
agencies to continue and expand on efforts to provide local
police with information as to whether or not a suspect has a
violent history, to the extent that transfer of such
information is allowable and available via Federal law
enforcement databases, in an effort to prevent officer deaths.
National Instant Criminal Background Check System [NICS]
Initiative Grants.--The Committee recommends funding the
program at $75,000,000, which is $20,000,000 above the budget
request, to continue to improve the submission of State
criminal and mental health records to NICS. This investment
will strengthen the national background check system by
assisting States in finding ways to make more records available
in the NICS system, especially mental health records, thereby
addressing gaps in Federal and State records currently
available in NICS. Those gaps significantly hinder the ability
of NICS to quickly confirm whether a prospective purchaser is
prohibited from acquiring a firearm.
Grants to Combat Human Trafficking.--Trafficking victims
are subjected to physical, mental, and sexual abuse and need
various types of assistance to begin healing and recovery,
including counseling, housing, medical care, support groups,
and legal assistance. The Committee's recommendation provides
$47,649,000 for services and task force activities for U.S.
citizens, permanent residents, and foreign nationals who are
victims of trafficking. The OJP shall consult with stakeholder
groups in determining the overall allocation of Victims of
Trafficking funding and shall provide to the Committee a plan
for the use of these funds as part of the Department's fiscal
year 2017 spending plan.
The Committee notes that funding provided in this program
may be used for victims of sex and labor trafficking who are
minors, as authorized under VAWA 2013. Child trafficking
victims require specialized care, and these resources can be
used for items like residential care, emergency social
services, mental health counseling, and legal services.
Funding to assist State and local law enforcement in
strengthening and expanding the investigation and prosecution
of human trafficking and training law enforcement personnel on
the identification of trafficking victims was authorized under
VAWA 2013. The Committee recommends that funds be made
available for human trafficking task forces, particularly those
that combat the sex trafficking of minors in High Intensity
Child Prostitution areas identified by the FBI. Trafficking
task forces can also use funding for innovative technological
instruments to assist in the rescue of trafficking victims.
Violent Gang and Gun Crime Reduction.--Violent crime and
homicide continue to exact a heavy toll on victims, families,
and neighborhoods. The Committee's recommendation provides
$6,500,000, which is equal to the fiscal year 2016 enacted
level and $1,500,000 above the budget request, for competitive
grants aimed at reducing homicides and gun-related violent
crime in communities overwhelmed by gangs of national
significance and illegally purchased and trafficked guns.
Popularly known as the Project Safe Neighborhoods model, this
funding shall be used to hire new Federal and State
prosecutors, support investigators, provide investigative and
litigation training, deter juvenile gun crime, and develop and
promote community outreach efforts, as well as to support other
gun and gang violence reduction strategies.
Veterans Treatment Courts.--The Committee urges the
Department to work in conjunction with the Department of
Veterans Affairs to provide grant support for collaborative,
rehabilitative approaches for continuing judicial supervision
of offenders who are veterans. The Committee recommends not
less than $6,000,000 for Veterans Treatment Courts and urges
the Department to strengthen funding for existing Veterans
Treatment Courts with successful track records to promote best
practices.
Bulletproof Vests.--Within the $22,500,000 provided for
bulletproof vests, $1,500,000 is to be transferred directly to
the NIST Office of Law Enforcement Standards [OLES] to continue
supporting ballistic- and stab-resistant material compliance
testing programs. The Committee expects the BJA to continue
strengthening internal controls to manage the Bulletproof Vest
Partnership program. Improving grantee accountability in the
timely use of Federal funds to purchase body armor will help
every police officer who needs a vest to get one, thus saving
officers' lives.
Second Chance Act Grants and Drug Treatment.--The
recommendation provides $75,000,000 for Second Chance Act [SCA]
grants. The Committee expects that SCA funding will support
grants that foster the implementation of strategies that have
been proven to reduce recidivism and ensure safe and successful
reentry back to their communities of adults released from
prisons and jails. The SCA supports activities such as
employment assistance, substance abuse treatment, housing,
local transportation, mentoring, family programming, and victim
support. SCA grants will also support demonstration projects
designed to test the impact of new strategies and frameworks.
The Committee agrees with the White House's scoring
mechanism for SCA grant funding as part of the President's
February 2, 2016, announcement addressing the national opioid
abuse and heroin epidemic. Under this method, 50 percent of SCA
grant funding is deemed as drug treatment, and the Committee
expects OJP to follow this strategy in awarding grant funds for
fiscal year 2017.
In addition, when awarding SCA grants, OJP shall consider
the impact of reentry of prisoners on communities in which a
disproportionate number of individuals are already residing
after release from incarceration. This includes assessing the
reentry burdens borne by local communities and local law
enforcement agencies; reviewing the resources available in such
communities to support successful reentry; and making
recommendations to strengthen the resources in such communities
available to support successful reentry and to lessen the
burden placed on such communities by the need to support
reentry.
DNA Backlog and Crime Lab Improvements.--The Committee is
once again extremely disappointed that the Department's budget
request slashes funding by $20,000,000 for critical grant
programs to help State and local agencies address their
backlogs and test forensic evidence. The Committee continues
its strong support for DNA backlog and crime lab improvements
by recommending $125,000,000 to strengthen and improve Federal
and State DNA collection and analysis systems that can be used
to accelerate the prosecution of the guilty while
simultaneously protecting the innocent from wrongful
prosecution. Within funds provided, $117,000,000 is for Debbie
Smith DNA Backlog Reduction grants, $4,000,000 is for Kirk
Bloodsworth Post-Conviction DNA Testing grants, and $4,000,000
is for Sexual Assault Nurse Examiners grants.
From within the funding provided for Debbie Smith DNA
Backlog Reduction grants, the Committee expects the Department
to prioritize reducing rape kit backlogs, given that it is the
primary reason why the Committee continues to provide robust
funding for these grants. The Committee directs the Department
to provide not less than 75 percent of the total grant amounts
for direct testing activities to reduce the backlog. The
Committee further directs DOJ to provide at least 5 percent of
funds to law enforcement agencies to conduct audits of their
backlogged rape kits and to prioritize testing in those cases
in which the statute of limitations will soon expire, as
authorized by the Sexual Assault Forensic Evidence Reporting
Act of 2013 (Public Law 113-4).
The Committee expects that the OJP will make funding for
DNA analysis and capacity enhancement a priority in order to
meet the purposes of the Debbie Smith DNA Backlog Grant
Program. The Committee directs the Department to submit to the
Committee as part of its spending plan for State and Local Law
Enforcement Activities a plan with respect to funds
appropriated for DNA-related and forensic programs, including
the alignment of appropriated funds with the authorized
purposes of the Debbie Smith DNA Backlog Grant Program.
Reducing the Rape Kit Backlog.--The Committee's
recommendation includes $45,000,000 to continue a competitive
grant program started in fiscal year 2015 as part of the
initiative to reduce the backlog of rape kits at law
enforcement agencies. The NIJ shall provide competitively
awarded grants with a comprehensive community-based approach to
addressing the resolution of cases in the backlog. The
Committee directs the NIJ to provide a report not later than 90
days after enactment of this act on its progress in developing
a strategy and model to serve as best practices for discovering
and testing kits, training law enforcement, and supporting
victims throughout the process as required by Public Law 113-
235.
Comprehensive School Safety.--The Committee's
recommendation includes $75,000,000 to continue a competitive
grant program as part of the comprehensive school safety
initiative started in fiscal year 2014. The NIJ shall provide
competitively awarded grants with strong research and
evaluation components to local school districts and State
educational agencies to support the implementation of school
safety interventions under the existing construct. The
Committee directs the NIJ to provide a report not later than 90
days after enactment of this act, on the continued development
of a strategy and model for comprehensive school safety.
Economic, High-Tech, and Cybercrime Prevention.--The
Committee recommends $14,000,000 to assist State and local law
enforcement agencies in the prevention, investigation, and
prosecution of economic, high-tech, and Internet crimes. Given
the importance of protecting our Nation's new technologies,
ideas, and products, the Committee includes the request of
$2,500,000 for competitive grants that help State and local law
enforcement tackle intellectual property [IP] thefts, such as
counterfeiting and piracy.
With the growing prevalence of cybercrimes and the
ubiquitous nature of the existence of digital evidence in
nearly every crime committed, the Committee is concerned that
insufficient training and support of law enforcement,
prosecutors, and judges could hinder the investigation and
prosecution of cyber and traditional crimes. Within the funds
provided, $1,000,000 is for the creation of a Cybercrime and
Digital Evidence Resource Prosecutor Pilot Program to provide
State and local prosecutors with training and trial experience
in cybercrimes and digital evidence.
John R. Justice Program.--The Committee notes that the
Department of Justice plans to implement administrative changes
to the long-running John R. Justice program, and is concerned
that changes may be inconsistent with the intent of Congress in
enacting section 952 of Public Law 110-315, which created the
program. The Committee directs the Department to present
details of the plan to the Committee within 30 days of
enactment of this act, including the rationale and benefits for
implementing proposed changes to this established program.
Flexible Tribal Assistance.--The Committee recommends
funding tribal grant programs by permitting 7 percent of
discretionary grant and reimbursement program funds made
available to the OJP to be used for tribal criminal justice
assistance, and continues to strongly support efforts to help
tribes improve the capacity of their criminal justice systems.
The OJP is expected to consult closely with tribal stakeholders
in determining how tribal assistance funds will be awarded for
detention facilities, courts, alcohol and substance abuse
programs, civil and criminal legal assistance, and other
priorities. The Committee directs the OJP to submit, as part of
the Department's spending plan for fiscal year 2017, a plan for
the use of these funds that has been informed by such
consultation. The Committee notes that the bill includes
additional grant funding for tribal law enforcement programs
through COPS and OVW.
Prescription Drug Monitoring Program.--The Committee
directs the Bureau of Justice Assistance to assess the impact
of establishing threshold enrollment and utilization rates for
the Prescription Drug Monitoring Program and, where enrollment
and utilization rates are below 100 percent, assess the
feasibility of requiring benchmarks for improvements in
enrollment and utilization as grant eligibility criteria. The
Committee directs the Department to report, not later than 180
days after enactment of this act, on this assessment, including
the potential of prioritizing funding based on the goal of
optimizing prescriber and dispenser enrollment and utilization
rates for Prescription Drug Monitoring Programs by prescribers
and dispensers as a ratio compared to the potential universe of
prescribers and dispensers and controlled substance prescribing
rates, respectively.
Community Trust Initiative.--The Committee's recommendation
provides $70,000,000 for the Community Trust Initiative to
continue funding for the program established in fiscal year
2016. The Community Trust Initiative aims to improve police-
community relations and build cooperation and trust between law
enforcement agencies and the people they serve. The Committee
has included funding for four component programs within the
Community Trust Initiative, with $22,500,000 provided for the
Body-Worn Camera Partnership Program, $25,000,000 provided for
the Justice Reinvestment Initiative, $17,500,000 provided for
the Byrne Criminal Justice Innovation [BCJI] Program, and
$5,000,000 provided for the National Crime Statistics Exchange
[NCS-X].
The Body-Worn Camera Partnership Program funding is to be
used for matching grants for ongoing efforts to equip law
enforcement officers with body-worn cameras. In order to
qualify for grants, jurisdictions must provide training in the
proper use of body-worn cameras and have privacy and data
retention policies already in place.
The Justice Reinvestment Initiative is a data-driven
approach to improving public safety in communities. The funding
for this program supports State and local efforts to reduce
corrections expenditures while at the same time making
communities safer and stronger.
The BCJI Program provides demonstration grants in
communities to support innovative, evidence-based approaches to
fighting crime and improving public safety, as well as
addressing underlying problems. This program builds upon the
approach of supporting communities with strategies that combine
law enforcement, community policing, prevention, intervention,
treatment, and neighborhood restoration. Due to the award of
numerous promising BCJI planning grants in recent years, the
Committee directs OJP to award no less than $15,000,000 in
implementation grants for fiscal year 2017 to allow these
planning projects to flourish.
NCS-X will improve the collection and reporting into the
National Incident-Based Reporting System [NIBRS], which
provides more detailed criminal data like officer related
shooting incidents. Approximately 6,300 out of the Nation's
18,000 law enforcement agencies currently participate in NIBRS.
The funding provided for NCS-X will add 300 additional law
enforcement agencies into NIBRS and allow the Bureau of Justice
Statistics to produce nationally representative estimates of
crimes known to the police that can be disaggregated by victim-
offender characteristics, the circumstances of the crime,
victim-offender relationship, and other important elements of
criminal events.
JUVENILE JUSTICE PROGRAMS
Appropriations, 2016.................................... $270,160,000
Budget estimate, 2017................................... 334,400,000
Committee recommendation................................ 272,000,000
The Committee's recommendation provides $272,000,000 for
juvenile justice programs. The recommendation is $1,840,000
above the fiscal year 2016 enacted level and $62,400,000 below
the budget request.
The Committee strongly supports a comprehensive approach of
substantial funding for a robust portfolio of programs that
work to improve the lives of the youth in our communities.
Title II State Formula and title V juvenile delinquency
prevention grants are the backbone of programs assisting State
and local agencies to prevent juvenile delinquency and ensure
that youth who are in contact with the juvenile justice system
are treated fairly. Combined with other critical programs like
youth mentoring, the Committee believes that a balanced level
of programming is the way to best help at-risk and vulnerable
youth and their families.
The Committee's recommendations are displayed in the
following table:
JUVENILE JUSTICE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Part B--State Formula.................................. 63,000
Emergency Planning--Juvenile Detention Facilities.. [500]
Youth Mentoring Grants................................. 75,000
Title V--Delinquency Prevention........................ 27,500
Tribal Youth....................................... [10,000]
Gang and Youth Violence Education and Prevention... [5,000]
Children of Incarcerated Parents Web Portal........ [500]
Girls in the Justice System........................ [2,000]
Victims of Child Abuse (VOCA).......................... 21,000
Community-Based Violence Prevention.................... 8,000
Missing & Exploited Children Programs.................. 73,000
Child Abuse Training for Judicial Personnel............ 2,000
Juvenile Indigent Defense.............................. 2,500
----------------
Total............................................ 272,000
------------------------------------------------------------------------
Any deviation from the above plan is subject to the
reprogramming requirements of section 505 of this act.
Part B: State Formula Grants.--The Committee provides
$63,000,000 for grants to implement comprehensive State
juvenile justice plans, including community-based prevention
and intervention programs and activities for juvenile
offenders. This amount is $5,000,000 above the fiscal year 2016
enacted level and $12,000,000 below the budget request.
Within the amount provided, the Committee recommends
$500,000 for competitive demonstration grants for State, local,
and tribal juvenile justice detention facilities and systems to
meet the needs of children and adolescents housed in detention
facilities in preparation for, during, and after a disaster, as
detailed in the 2011 emergency planning guidance issued by the
OJJDP.
The Committee directs the OJP to submit as part of its
spending plan for State and Local Law Enforcement Activities a
plan for the administration of Part B State Formula Grants. The
Committee expects this plan to include details pertaining to
the formulas utilized in awarding grants under this heading.
The Committee urges DOJ to encourage title II grant
recipients to coordinate with their State education agencies to
support continuity of education opportunities for adjudicated
youth.
Youth Mentoring Grants.--To support the critical work of
national, regional, and local organizations in nurturing and
mentoring at-risk children and youths, the Committee recommends
$75,000,000 for competitive, peer-reviewed youth mentoring
grants. Within 45 days of enactment of this act, the OJP is
directed to provide a report and spend plan to the Committee
detailing the criteria and methodology that will be used to
award these grants, as well as an explanation of any deviations
from the criteria and Committee directions used in fiscal year
2016. The Committee expects that the OJJDP will take all steps
necessary to ensure fairness and objectivity in the award of
these and future competitive grants.
Victims of Child Abuse Act.--The Committee's recommendation
provides $21,000,000 for the various programs authorized under
the Victims of Child Abuse Act [VOCA] (Public Law 101-647) and
directs the OJJDP to ensure that not less than 90 percent of
the grants awarded are for the purposes of developing and
maintaining child advocacy centers, including training and
accreditation. Within the funds provided, $5,000,000 shall be
for Regional Children's Advocacy Centers [RCACs] Programs. The
RCACs were established to provide information, consultation,
training, and technical assistance to communities, and to help
establish child-focused programs that facilitate and support
coordination among agencies responding to child abuse.
The Committee recognizes the excellent work of Children's
Advocacy Centers [CAC] in coordinating State and local
agencies' intervention in cases of child abuse, and the
valuable collaboration that has arisen between CACs and
military installations through memoranda of understanding. The
Committee encourages CACs to continue to explore ways in which
their unique model and expertise can be leveraged to help
military installations address cases of child abuse, and
provides an additional $1,000,000 to support a pilot project to
identify, develop, and operationalize best practices.
Missing and Exploited Children Programs.--The OJP works
with law enforcement agencies to find missing children and to
target and prosecute predatory child molesters and those who
traffic in child pornography. The Committee recommends
$73,000,000 for Missing and Exploited Children Programs and
expects the Department to allocate no less than the current
funding level for task force grants, training and technical
assistance, research and statistics, and administrative costs
for the Internet Crimes Against Children [ICAC] program. The
Committee directs the OJP to provide a spending plan for the
use of these funds as part of the Department's spending plan
for fiscal year 2017, which shall include only investments in
authorized national programs that serve as a resource center
and clearinghouse on missing and exploited children. The
Committee will not entertain spending on new activities, such
as unauthorized demonstration programs.
The Committee supports efforts across the country to train
child protection professionals, beginning with undergraduate
and graduate curricula and following up with ongoing training
for professionals in the field, including the development of
State forensic interviewing courses. The Committee directs the
OJJDP to provide training and technical assistance to improve
forensic interview training for investigation and prosecution
professionals, evidence-based community prevention programs for
child protection professionals, and undergraduate and graduate
curricula on the maltreatment and exploitation of children.
PUBLIC SAFETY OFFICERS BENEFITS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2016.................................... $88,300,000
Budget estimate, 2017................................... 89,300,000
Committee recommendation................................ 89,300,000
The Committee's recommendation provides $89,300,000 for
public safety officers benefits. The recommendation is
$1,000,000 above the fiscal year 2016 enacted level and equal
to the budget estimate. This program provides a one-time death
benefit payment to eligible survivors of Federal, State, and
local public safety officers whose death was the direct and
proximate result of a traumatic injury sustained in the line of
duty or certain eligible heart attacks or strokes. Within funds
provided, $73,000,000 is for death benefits for survivors, an
amount estimated by the Congressional Budget Office and
considered mandatory for scorekeeping purposes.
The Committee also recommends $16,300,000, as requested,
for disability benefits for injured officers and education
benefits for the families of officers who have been permanently
disabled or killed in the line of duty.
Claims Process Improvements.--The Committee encourages the
Public Safety Officers Benefits [PSOB] Office to streamline the
documentation requirements for a claim to reduce the burden on
injured officers or surviving families, improve communication
with claimants and agencies regarding these documentation
requirements, provide regular updates to claimants on the
status of their claim, improve PSOB claim decision-making
documentation to facilitate timely and efficient legal review,
improve the collection and management of PSOB claims data, and
establish metrics and regularly report on program performance.
Not later than 90 days after enactment of this act, the PSOB
Office shall report to the Committee regarding the steps it
will take to implement these priorities.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
Appropriations, 2016.................................... $212,000,000
Budget estimate, 2017................................... 286,000,000
Committee recommendation................................ 215,000,000
The Committee's recommendation provides $215,000,000 for
community oriented policing services. The recommendation is
$3,000,000 above the fiscal year 2016 enacted level and
$71,000,000 below the budget request.
Local law enforcement is not only essential to ensuring the
safety of the public, but also plays a critical role in
preventing and responding to terrorist threats. Since its
creation, the Community Oriented Policing Services [COPS]
Office has assisted State and local law enforcement agencies by
providing grants, training, and technical assistance that not
only ensure public safety from traditional crime, but also
better enable law enforcement officers to address the growing
threat from terrorist organizations.
The Committee's recommendations are displayed in the
following table:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
Methamphetamine Lab Cleanup (Transfer to DEA).......... 11,000
COPS Hiring Grants..................................... 187,000
Transfer to Tribal Resources Grant Program......... [30,000]
Community Policing Development/Training and [10,000]
Technical Assistance..............................
Collaborative Reform Model......................... [10,000]
Anti-Meth Task Forces.................................. 7,000
Anti-Heroin Task Forces................................ 10,000
----------------
Total............................................ 215,000
------------------------------------------------------------------------
Any deviations from the above plan are subject to the
reprogramming requirements of section 505.
COPS Hiring Program.--The Committee recommends $187,000,000
for COPS Hiring grants to help State, local, or tribal law
enforcement agencies to create and preserve police officer
positions and to increase community policing capacity and crime
prevention efforts. As in the request, the grants will have an
award cap of $125,000 and require grantees to provide a 25
percent local match.
Methamphetamine Hot Spots.--The Committee's recommendation
includes a $11,000,000 transfer to reimburse the DEA for
assistance to State and local law enforcement for proper
removal and disposal of hazardous materials at clandestine
methamphetamine labs, and to initiate container programs. This
is the level the DEA estimates will be sufficient in fiscal
year 2017 to operate the full cleanup program for States to
transition to container program cleanups, and to cover the
costs of smaller methamphetamine cleanups in States where the
problem is intermittent.
Anti-Methamphetamine Task Forces.--The Committee's
recommendation provides $7,000,000 for the COPS Office to make
competitive grants to law enforcement agencies in States with
high seizures of precursor chemicals, finished methamphetamine,
laboratories, and laboratory dump seizures. These funds shall
be utilized for investigative purposes to locate or investigate
illicit activities such as precursor diversion, laboratories,
or methamphetamine traffickers.
Anti-Heroin Task Forces.--The Committee has repeatedly
expressed its concern over the dramatic rise of heroin abuse
and related crime in the United States. The need for additional
resources and training to address these challenges is apparent,
and the Committee created the anti-heroin program within the
COPS Office in fiscal year 2015. Despite the plea for
additional resources from law enforcement as well as the
interest of the Committee, the Department eliminated this
program as part of the fiscal year 2017 budget request. The
Committee provides $10,000,000 for the COPS Office to make
competitive grants to law enforcement agencies in States with
high per capita levels of primary treatment admissions for both
heroin and other opioids. These funds shall be utilized for
drug enforcement, including investigations and activities
related to the distribution of heroin or unlawful diversion and
distribution of prescription opioids. Priority shall be given
to those drug task forces, managed and operated by the State,
serving a majority of counties in the State.
Policing Practices and Accountability Initiative.--In
December 2015, a Policing Practices and Accountability
Initiative was created within the COPS Office to oversee the
Collaborative Reform and Critical Response technical assistance
programs and assist law enforcement in developing strategies to
implement recommendations of the President's Task Force on 21st
Century Policing. The Committee supports the COPS Office's
efforts to integrate the Task Force recommendations and urges
the Policing Practices and Accountability Initiative to work
across Department of Justice programs and agencies to provide
support and best practices for law enforcement agencies working
to address issues of public trust.
General Provisions--Department of Justice
The Committee recommends the following general provisions:
Section 201 limits the amount of funding the Attorney
General can use for official reception and representation.
Section 202 prohibits the use of funds in this title to pay
for an abortion except where the life of the mother would be in
danger.
Section 203 prohibits the use of funds in this title to
require a person to perform or facilitate an abortion.
Section 204 requires female prisoners to be escorted when
off prison grounds.
Section 205 allows the Department of Justice, subject to
the Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation.
Section 206 limits the placement of maximum or high
security prisoners to appropriately secure facilities.
Section 207 restricts Federal prisoner access to certain
amenities.
Section 208 requires review by the Deputy Attorney General
and the Department's Investigative Review Board prior to the
obligation or expenditure of funds for major technology
projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for OMB Circular A-
76 competitions for work performed by employees of the Bureau
of Prisons or of the Federal Prison Industries, Incorporated.
Section 211 prohibits U.S. Attorneys from simultaneously
holding multiple jobs outside of the scope of a U.S. Attorney's
professional duties.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
assistance, permits up to 2 percent of grant and reimbursement
program funds made available to that office to be transferred
to the National Institute of Justice or the Bureau of Justice
Statistics for criminal justice research and statistics, and
permits up to 7 percent of discretionary grant and
reimbursement program funds made available to OJP to be used
for tribal criminal justice assistance. The Committee continues
to strongly support efforts to help tribes improve the capacity
of their criminal justice systems.
Section 213 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, tribal and
local reentry courts; and drug treatment programs.
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 permits the Department of Justice to
participate in Performance Partnership Pilot collaboration
programs.
Section 217 allows the Department of Justice to transfer
funds from the Working Capital Fund to the Federal Bureau of
Investigation.
TITLE III
SCIENCE
Office of Science and Technology Policy
Appropriations, 2016.................................... $5,555,000
Budget estimate, 2017................................... 5,566,000
Committee recommendation................................ 5,555,000
The Committee's recommendation provides $5,555,000 for the
Office of Science and Technology Policy. The recommendation is
the same as the fiscal year 2016 enacted level and $11,000
below the budget request.
The Office of Science and Technology Policy [OSTP] was
created by the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (Public Law 94-282)
and coordinates science and technology policy for the White
House. OSTP provides scientific and technological information,
analyses, and advice for the President and the executive
branch; participates in the formulation, coordination, and
implementation of national and international policies and
programs that involve science and technology; maintains and
promotes the health and vitality of the U.S. science and
technology infrastructure; reviews and analyzes, with the
Office of Management and Budget, the research and development
budgets for all Federal agencies; and coordinates research and
development efforts of the Federal Government to maximize the
return on the public's investment in science and technology and
to ensure Federal resources are used efficiently and
appropriately.
Open Access to Federal Research.--The Committee has
received reports by OSTP on the progress of all Federal
agencies in developing and implementing policies to increase
public access to federally funded scientific research. The
Committee is pleased by the progress, but previously instructed
OSTP to have all relevant departments' and agencies' plans
approved by the end of calendar year 2014 with implementation
occurring by early calendar year 2016. OSTP is directed to
continue providing quarterly reports to the Committee in order
to keep Congress apprised of the remaining progress needed to
make federally funded research accessible to the public as
expeditiously as possible.
Science, Technology, Engineering, and Mathematics
Education.--The Committee continues to support effective
mission-oriented science, technology, engineering, and
mathematics [STEM] education programs at NASA, NOAA, and NIST
within this bill, and encourages OSTP to work with non-Federal
education and outreach communities. OSTP and its partners
should be mindful of ensuring that scientists supported by the
Federal Government are not absolved of responsibility to
educate and train the next generation. OSTP should also take
care to preserve effective training and education programs
designed to directly fulfill the unique STEM-related mission
needs of the agencies administering them.
National Science and Technology Council Subcommittee.--The
Committee understands the importance of engaging and recruiting
a diverse talent pool to work in STEM fields. The Committee
also believes that limited Federal budgets require innovative
approaches that are collaborative and build upon existing
training to promote a diverse Federal workforce and make the
most efficient use of limited resources. The Committee directs
the Office of Science and Technology Policy to work with the
Office of Personnel Management, the National Science
Foundation, and the National Institute of Standards and
Technology to create a National Science and Technology Council
Subcommittee to build on existing efforts and develop and
implement STEM Inclusion training for use in both the Federal
Government and academe. The training should address advancement
barriers for underrepresented groups in STEM careers, including
implicit bias, stereotype threat, and work-life balance and
caregiving issues so as to foster more inclusive workplace
environments. Related legal requirements, including those under
title IX, should also be addressed.
Interagency Working Group on Medical Imaging.--The
Committee is pleased that OSTP has convened the Interagency
Working Group on Medical Imaging as directed in this
Committee's fiscal year 2015 report, Senate Report 113-181.
Basic, use-inspired discoveries in core technologies like
medical imaging can spur the type of technology-driven jobs and
start up activity that will result in sustainable economic
growth and drive the Nation's economy in the coming century.
OSTP is directed to provide a report with an update on the
Working Group's activities and recommendations not later than
180 days after the enactment of this act.
National Aeronautics and Space Administration
Appropriations, 2016.................................... $19,285,000,000
Budget estimate, 2017................................... 18,262,100,000
Committee recommendation................................ 19,306,000,000
The Committee's recommendation provides $19,306,000,000 for
the National Aeronautics and Space Administration [NASA]. The
recommendation is $21,000,000 above the fiscal year 2016
enacted level and $1,043,900,000 above the budget request.
NASA was established by the National Aeronautics and Space
Act of 1958 (Public Law 85-568) to conduct space and
aeronautical research and development and to conduct flight
activities for peaceful purposes. NASA's unique mission of
exploration, discovery, and innovation is intended to preserve
the United States' role as both a leader in world aviation and
as the pre-eminent space-faring nation. It is NASA's mission
to: advance human and robotic exploration, use, and development
of space; advance and communicate scientific knowledge and
understanding of the Earth, the solar system, and the universe;
and research, develop, verify, and transfer advanced
aeronautics and space technologies.
NASA's budget is a diverse blend of human and robotic
missions, education, and research and technology development
with the overarching goal to discover and explore. It is the
responsibility of NASA to request appropriate funding to
accomplish its mission. It is also incumbent upon NASA to
properly manage budget and schedule in order to maintain a high
probability of mission success which will enhance the value of
its missions, scientific discoveries, and further provide the
inspiration that will encourage the Nation's next generation of
scientists and engineers.
The proposed budget request by NASA is significantly flawed
compared to the solid fiscal foundation that was provided by
the Congress in fiscal year 2016. NASA irresponsibly chose to
present a budget that conflated mandatory funding and
discretionary funding to reach a misleading budget total that
still falls $259,900,000 short of the fiscal year 2016 enacted
level. Only the discretionary portion of the request is within
this Committee's jurisdiction, and therefore the Committee must
make all comparisons to the request of $18,262,100,000, over
which the Committee has jurisdiction.
Unfortunately, the proposed discretionary budget fails to
meet even basic funding needs for priorities agreed upon by
NASA and Congress. Human exploration missions would miss launch
dates that NASA has formally committed to meet, science
missions would be terminated early, and the agency would
struggle to fully fund its own civil servants working on next
generation technologies. Following the discretionary fiscal
year 2017 budget proposed for NASA would only create
unnecessary mission cost growth and inefficient resource
allocation throughout the agency. The Committee has chosen to
meet NASA's needs solely through discretionary funds.
For Science, the Committee's recommendation strives to keep
NASA's near-term launches on track to continue progress in
exploring our solar system and the universe, understanding the
sun, and observing our planet. The Committee expects NASA to
continue making progress on the recommendations of the National
Academies' decadal surveys, now and in the future.
The Committee believes this bill represents a solid path
forward for human spaceflight that reaches beyond low-Earth
orbit with affordable crew and launch vehicles; invests in the
burgeoning domestic launch industry that is bringing cargo, and
eventually crew, to the International Space Station; and
supports NASA's science and technology programs. These elements
should be viewed as complementary pieces of a balanced whole.
NASA utilizes a broad variety of launch vehicles, from
suborbital to heavy configurations, in order to successfully
execute its missions. The Committee encourages NASA to choose
those launch vehicles that prioritize their manifests such that
NASA has a high confidence level that missions can be reliably
launched on schedule. NASA is directed to continue providing
the Committee with a quarterly launch schedule, by mission,
that describes risks associated with launch delays due to
problems with the launch vehicle; impacts of launch delays to
other missions in the launch queue, and a budget estimate of
the anticipated carrying costs for missed launch windows.
The Committee is supportive of NASA's STEM education
efforts that provide hands-on learning experiences at NASA
centers for middle, high school, and college students,
including space launch activities. These types of programs
allow students to experience the full range of STEM-related
skills involved in designing, testing, and launching vehicles
and payloads to deepen their interest in science and
engineering fields.
The Committee is counting on NASA to maintain focus on
improving oversight and accountability throughout the agency.
NASA's acquisition management continues to be on the Government
Accountability Office's [GAO] ``high risk'' list. The Committee
notes that NASA is making progress in strengthening its
financial management. GAO's most recent assessment of NASA's
large-scale projects found the agency's cost and schedule
performance on major projects has improved since GAO's first
assessment in 2009, with the average cost overrun down from 4
percent to 1.3 percent. NASA is directed to cooperate fully and
to provide timely program analysis, evaluation data, and
relevant information to the GAO so that GAO can report to
Congress shortly after the annual budget submission of the
President and semiannually thereafter on the status of large-
scale NASA programs, projects, and activities based on its
review of this information.
In addition, NASA is directed to provide the Committee,
with its budget justification, the reserves assumed by NASA to
be necessary within the amount proposed for each directorate,
theme, program, project, and activity, or, if the proposed
funding level for a directorate, theme, program, project, or
activity is based on confidence level budgeting, the confidence
level and reserves assumed in the proposed funding level.
The Committee was informed by the priorities of the Senate
as well as the administration. However, the Committee does not
always agree with the administration. The Committee grants NASA
flexibility to craft spending plans that manage funds
appropriately and, where necessary, address funding shortfalls
that were not foreseen by the Congress or the agency prior to
passage of annual appropriations. However, that latitude should
not be viewed as a license to disregard the Congressional
direction about where limited resources should be spent. The
Federal funding priorities for NASA set forth in this bill
should not be interpreted as a suggestion from the Committee.
Rather they should be interpreted like any other statutory
requirement levied upon NASA. The Committee objects to NASA's
efforts in recent fiscal years to redirect funding away from
priorities clearly set by the Congress in law. NASA's continued
use of section 505 of this bill in this manner will result in
limited funding flexibility in the future.
The Committee has chosen to articulate the funding levels
of programs, where appropriate, in the form of tables and, if
necessary, supplemented with explanatory report language.
SCIENCE
Appropriations, 2016.................................... $5,589,400,000
Budget estimate, 2017................................... 5,302,500,000
Committee recommendation................................ 5,395,000,000
The Committee provides $5,395,000,000 for Science, which is
$194,400,000 below the fiscal year 2016 enacted level and
$92,500,000 above the budget request. The Science account
encompasses: Earth Science, Planetary Science, Astrophysics,
the James Webb Space Telescope, Heliophysics, and Education.
This funding supports NASA programs that seek to answer
fundamental questions concerning the ways in which Earth is
changing; the comparison of Earth with other planets in the
solar system and around other stars; the connections between
the Sun and Earth; and the origin and evolution of planetary
systems, the galaxy, and the universe, including the origin and
distribution of life in the universe. These objectives are
assisted by input from the scientific community through decadal
surveys and are achieved through robotic flight missions,
ground-based scientific research and data analysis, and the
development of new technologies for future missions. NASA shall
continue its progress toward implementing decadal surveys in
Earth Science, Heliophysics, Planetary Science, and
Astrophysics, including recommendations for large, flagship
projects and small- and medium-sized missions.
SCIENCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Earth Science......................................... 1,984,000
Planetary Science..................................... 1,355,900
Astrophysics.......................................... 807,000
Education......................................... [42,000]
James Webb Space Telescope............................ 569,400
Heliophysics.......................................... 678,700
-----------------
Total, Science.................................. 5,395,000
------------------------------------------------------------------------
Earth Science.--The recommendation includes $1,984,000,000
for Earth Science, including $130,900,000 to continue
formulation and development of Landsat-9 with a target launch
date for Landsat-9 during calendar year 2020. The Committee
expects to receive a plan, along with the spending plan
required under section 533, which details the technical and
schedule progress needed to achieve the 2020 target launch
date, by each major subsystem needed for the mission. The
recommendation also includes $90,000,000 for the Pre-Aerosol,
Clouds, and Ocean Ecosystem [PACE] mission to continue
formulation and development of the mission. In apportioning
work for PACE, including development of primary mission
components, NASA shall make every effort to preserve key
intermural capabilities.
Planetary Science.--The Committee supports Planetary
Science at $1,355,900,000, including $387,700,000 for the Mars
2020 Rover which is $10,000,000 above the request level,
$60,000,000 for Near Earth Object Observations within Planetary
Science Research, $44,000,000 for the Origins Spectral
Interpretation Resource Identification and Security-Regolith
Explorer, and $14,000,000 for New Horizons to continue to
analyze and interpret data from the Pluto fly-by and
exploration of the Kuiper Belt. Within funding for Near Earth
Objects, $16,100,000 is for Asteroid Impact and Deflection
Assessment [AIDA] Double Asteroid Redirection Test [DART]. In
future requests, NASA shall identify total resources for AIDA-
DART as a separate activity.
Europa.--The Committee remains supportive of a scientific
mission to Europa, as called for in the Planetary Science
Decadal Survey, and continues its directive to use the Space
Launch System as the baseline launch vehicle for mission
planning purposes. The Committee believes that any ongoing
mission planning should seek to maximize the scientific return
for exploring Europa with an expeditious launch and reduced
travel time. To assist the Committee in evaluating potential
mission configurations, NASA shall provide the Committee with a
report, no later than 90 days from enactment, that compares
options of flying the Europa Clipper mission with an orbiter
and lander launched together, or separately. As part of this
report, NASA shall consider mission cost, schedule, potential
scientific return, and technical complexity.
Astrophysics.--Within funds provided to Astrophysics in
order to advance scientific knowledge of the origins of the
universe, the Committee provides $98,300,000 for the Hubble
Space Telescope, $83,800,000 for the Stratospheric Observatory
for Infrared Astronomy [SOFIA], and $120,000,000 for the Wide-
Field Infrared Survey Telescope [WFIRST].
Hubble Space Telescope.--The Committee supports continued
operations of Hubble at the fiscal year 2016 level. The 2020
Vision Study confirms that constant funding will allow Hubble
to continue to deliver outstanding science by ensuring
attention is paid to addressing operational anomalies and other
risks to Hubble's scientific output. The Committee is concerned
that NASA has increased the risks to Hubble science by
requiring the program absorb costs for the well-regarded Hubble
Fellowship program that were previously funded within
Astrophysics. NASA shall detail to the Committee how it will
maintain operational capability and science productivity
through at least 2 years of overlap with JWST while also
continuing support for the Hubble Fellowship Program.
WFIRST Science Mission.--The Committee has provided
$120,000,000 for the WFIRST mission using the Astrophysics
Focused Telescope Assets, with the goal of launching the
telescope no later than 2024. The Committee is concerned about
the cost of the prime mission, especially because inadequate
early investment, schedule delay, and creeping mission
requirements have contributed to high cost growth in previous
NASA missions. The Committee directs NASA to cap WFIRST life
cycle costs at no more than $3,500,000,000 through the end of
its prime mission. NASA should persue the most efficient
development program for WFIRST and its instruments, and take
advantage of scientific and operational and synergies with
Hubble and JWST, as directed in fiscal year 2016. To reduce
mission costs and ensure that overlap with JWST is maximized,
NASA should consolidate management of the telescope, including
its optical assets, and its instruments.
Science Mission Directorate, Education.--Within
Astrophysics, the request includes $25,000,000 for education
funding within the Science Mission Directorate [SMD], which is
$12,000,000 below the fiscal year 2016 level. For fiscal year
2017, the Committee provides no less than $42,000,000 for
education as reflected in a more transparent single line within
the SMD funding chart. This includes the $25,000,000 education
funding included in the budget submission within the
Astrophysics program. However, the Committee supports the
recommendation that the Astrophysics program administer this
SMD-wide education funding. The Committee encourages SMD-funded
investigators to be directly involved in outreach and education
efforts. NASA should continue to prioritize funding for on-
going education efforts linked directly to its science missions
and conclude its on-going formal education assessment so the
moratorium on formal education activities can be lifted.
James Webb Space Telescope.--The Committee maintains its
strong support for the completion of the James Webb Space
Telescope [JWST], and provides $569,400,000, the same as the
budget request. The bill maintains an overall development cost
ceiling for JWST at $8,000,000,000, and the Committee intends
to hold NASA and its contractors to that commitment. The
Committee expects to be kept fully informed on issues relating
to program and risk management, achievement of cost and
schedule goals, and the program's technical status. The
Committee appreciates GAO's continuing work to monitor JWST
progress, costs, and schedule.
Astrophysics/Search for Life Technology Development.--
According to GAO's most recent assessment of NASA's major
projects, ``As of 2015, 9 of the 11 major projects that passed
preliminary design review matured all technologies to the level
recommended by GAO best practices.'' While GAO characterizes
this as a positive trend for cost and schedule performance,
NASA needs new technologies to make new discoveries. NASA's
goal should be to invest in technologies early to mitigate risk
and continue to mature technologies to position the U.S.
scientific community to advance its world class science. The
Committee encourages NASA to strengthen industry involvement in
leveraging and scaling new technologies developed for the JWST
to larger segmented-aperture telescopes that will be required
to achieve the goals of the next decadal survey such as
detecting biomarkers in faint signals of light from distant
Earth-sized planets. The recommendation includes $5,000,000 for
such technology development.
Heliophysics.--The Committee provides $678,700,000 for
Heliophysics including the budget request of $232,500,000 for
the Solar Probe Plus mission to launch in 2018 and $17,400,000
for the Magnetospheric Multiscale Mission. The Committee
recognizes that a greater understanding of our Sun will help to
mitigate the hazards that solar activity poses to the ground-
and space-based platforms that strengthen our national
security, economic security, and scientific prowess. Therefore,
the Committee expects NASA to request adequate discretionary
funding in future years to continue progress toward Decadal
Survey priorities, including the release of Explorer
Announcements of Opportunity every 18 months, alternating
between small and mid-sized opportunities. Within the amount
for Heliophysics, the recommendation includes $61,200,000 for
Heliophysics Research, Other Missions and Data Analysis, an
increase of $5,000,000 above the President's request, to
continue implementation of the Diversify, Realize, Integrate,
Venture, Educate [DRIVE] Initiative.
AERONAUTICS
Appropriations, 2016.................................... $640,000,000
Budget estimate, 2017................................... 634,500,000
Committee recommendation................................ 601,000,000
The Committee provides $601,000,000 for Aeronautics, which
is $39,000,000 below the fiscal year 2016 enacted level and
$33,500,000 below the budget request. The Aeronautics account
funds research in key areas related to the development of
advanced aircraft technologies and systems, including those
related to aircraft safety, ultra-efficient vehicles and fuel
efficiency, and research that supports the Next Generation Air
Transportation System in partnership with the Joint Planning
and Development Office.
Unmanned Aerial Systems [UAS] Research.--NASA provides
research to reduce technical barriers associated with
integrating UAS into the National Airspace System [NAS]. This
research remains a national priority with the potential to
increase public safety and bring economic benefits to a wide
range of industries. The Committee provides $5,000,000 for NASA
to conduct further research at the Federal Aviation
Administration's six test sites in collaboration with the FAA's
Unmanned Aircraft Systems Center of Excellence on UAS use in a
broad range of public safety applications over land and
maritime environments.
SPACE TECHNOLOGY
Appropriations, 2016.................................... $686,500,000
Budget estimate, 2017................................... 690,600,000
Committee recommendation................................ 686,500,000
The Committee provides $686,500,000 for Space Technology,
which is the same as the fiscal year 2016 enacted level and
$4,100,000 below the budget request. The Space Technology
Program funds basic research that can advance multi-purpose
technologies to enable new approaches to NASA's current
missions. It includes NASA's Small Business Innovative Research
[SBIR] and Small Business Technology Transfer [STTR] programs.
The Committee is supportive of many of the technologies
being developed within Space Technology, which will have wide
ranging benefits for NASA missions and throughout the agency.
Of particular note are the enabling technologies of Solar
Electric Propulsion, the laser communications relay
demonstration, and composite tanks and structural materials.
These key supporting technologies will provide enabling
capabilities for multiple robotic and human exploration
missions.
Satellite Servicing/RESTORE-L.--The Committee recommends
$130,000,000 for continued formulation activities and
acquisition of the mission's bus module to maintain a schedule
that targets a launch in calendar year 2019 allowing Landsat-7
to be refueled before its original fuel supply is depleted.
Nuclear Propulsion.--NASA is continuing its work to develop
the foundational technologies and advance low enriched uranium
nuclear thermal propulsion systems that can provide
significantly faster trip times for crewed missions than non-
nuclear options. The Committee provides $28,900,000 above the
request for ongoing nuclear thermal propulsion technologies for
space transportation and exploration. NASA shall update its
report to the Committee within 180 days of enactment of this
act on ongoing nuclear thermal propulsion research and how the
research into this technology supports NASA's exploration
programs.
Small Launch Technology.--The Committee provides
$30,000,000 for the advancement, and sub-orbital and orbital
technology demonstrations, of a small launch technology
platform able to carry a 200-300 kilogram small satellite into
low Earth orbit. The small launch technology demonstration
platform shall leverage existing government derived small
launch technologies, such as the Operationally Responsive Space
developed Super Strypi, to the maximum extent possible. The
results and data from the demonstrations shall be owned by the
U.S. Government and made available for future launch services
and competitions.
Small Business Innovation Research [SBIR].--The Committee
recognizes the importance of the SBIR program and its previous
success in commercialization of results from federally funded
research and development projects. The SBIR program encourages
domestic small businesses to engage in Federal research and
development, and creates jobs. The Committee therefore directs
NASA to place an increased focus on awarding SBIR awards to
firms with fewer than 50 employees.
EXPLORATION
Appropriations, 2016.................................... $4,030,000,000
Budget estimate, 2017................................... 3,163,900,000
Committee recommendation................................ 4,330,000,000
The Committee provides $4,330,000,000 for Exploration,
which is $300,000,000 above the fiscal year 2016 enacted level
and $1,166,100,000 above the budget request. The Exploration
account funds the capabilities required to develop,
demonstrate, and deploy the transportation, life support, and
surface systems that will enable sustained human presence
beyond low-Earth orbit and throughout the solar system. The
Committee believes the Nation deserves a safe and robust human
spaceflight program to explore beyond low-Earth orbit.
EXPLORATION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Space Launch System.................................... 2,150,000
Orion Multi-Purpose Crew Vehicle....................... 1,300,000
Exploration Ground Systems............................. 484,000
Exploration Research and Development................... 396,000
----------------
TOTAL............................................ 4,330,000
------------------------------------------------------------------------
The Space Launch System [SLS], Orion multi-purpose crew
vehicle [Orion], and Exploration ground systems are all
critical infrastructure for the development and sustainment of
the Nation's human exploration goals. These investments will
enable for the human exploration of space beyond low Earth
orbit, and provide flexibility for a variety of mission
destinations.
The Committee is strongly supportive of NASA's efforts to
develop the elements of a launch system that will enable the
human exploration of space beyond low Earth Orbit. Since NASA
began developing the vehicles and infrastructure that will
enable future exploration efforts, the agency has focused its
budget on funding the individual systems necessary to meet
either the Exploration Mission 1 [EM-1] or the crewed
Exploration Mission 2 [EM-2] launch dates. Currently, SLS has a
commitment to meet a launch date for EM-1, while Orion has a
commitment that extends to EM-2. Yet Orion cannot fly the EM-2
mission without SLS. Mismatched goals and schedules do not
ensure a coordinated effort for human exploration mission
success.
The Committee believes that the funds for each element are
critical. Therefore, NASA should provide an integrated
budgetary plan that will address the goal of these elements
becoming an ongoing exploration system instead of discrete
projects with separate management and commitment goals. For
fiscal year 2017, bill language is included that calls for NASA
to provide a 5-year integrated budget plan to execute EM-2 in
2021. Within that same timeframe, elements of future
exploration missions, along with potential science missions,
will require funding provided within in their discrete
programs, projects, and activities. Having a sustained systems
approach instead of a mission-by-mission mindset for the launch
vehicles and infrastructure will provide for better budget
planning in the future fiscal years.
The Committee continues to be disappointed that funding
requested by NASA for SLS and Orion once again bears little
relation to necessary funding levels or to amounts provided in
previous years. The lack of budgetary support for these
programs indicates that NASA is allowing an artificially low
development funding profile and inefficient decision processes
to create unnecessary risks to launch schedules. The Committee
has repeatedly been compelled to provide appropriate funding to
keep the human exploration program from incurring costly
setbacks and to maintain development schedules. NASA is
directed to provide the Committee more realistic funding
profiles for the SLS, Orion, and ground system elements, so
that future proposed funding will match NASA's own
expectations. The Committee's challenge to appropriately fund
exploration systems is made significantly more difficult
because NASA chose to include mandatory funding not under the
jurisdiction of the Committee in its request. This mandatory
funding was proposed without any existing authority or specific
offsets, as part of NASA's overall request. Within the
discretionary levels proposed in NASA's request, NASA cannot
meet its baseline commitments for any of these components.
Space Launch System.--The Committee reiterates its
unwavering support of SLS and the ability for SLS to open the
human exploration of space to a wide range of missions and to
enable unprecedented scientific discovery.
The Committee finds that the budgetary resources proposed
for SLS in the fiscal year 2017 budget request are insufficient
and would prevent SLS from meeting NASA's baseline commitment
to a November 2018 launch. The Committee is further concerned
that NASA did not request any funding for the Exploration Upper
Stage [EUS]. In doing so, NASA is ensuring that EM-2 will not
occur in 2021 and places in doubt NASA's support for meeting
the baseline commitment of a launch in 2023.
To ensure funding that enables NASA to adequately meet
management agreement goals for EM-1 and EM-2, the Committee
provides $2,150,000,000 in fiscal year 2017 for SLS, with no
less than $300,000,000 provided for the direct development of
the EUS. The funding provided sets SLS on a path from
development to sustained production.
Orion Multi-Purpose Crew Vehicle [Orion].--Orion is an
essential component of NASA's human exploration goals that
extend beyond low-Earth orbit and represents the Nation's next
human exploration vehicle designed to carry astronauts to deep
space destinations and provide a safe return to Earth.
Consistent with NASA's direction that Orion be managed in order
to fly a crewed mission as early as 2021, the Committee has
provided $1,300,000,000 for Orion to continue its progress
toward a successful EM-1 test flight and continue preparations
for a crewed flight in 2021.
Testing Infrastructure.--The Committee encourages NASA to
develop plans to fully utilize NASA-owned rocket testing
infrastructure for commercially developed launch vehicles to
ensure that these vehicles are not only tested in the same
manner as Government-developed launch vehicles but at the same
facilities to ensure consistency in testing across all
potential vehicles.
Advanced Exploration Systems.--The amount provided for
Advanced Exploration Systems enables NASA to continue current
activities within NASA and with industry related to VASIMR
propulsion technology and In Situ Resource Utilization from
surface or asteroid-derived resources, in cooperation with
Space Technology.
Space Suit Plan.--The Committee is concerned that NASA
lacks plans for testing and deploying a next generation
exploration space suit that can serve the safety needs of the
astronaut corps. Recent failures of the existing suit system
during spacewalks conducted aboard the ISS highlight the
importance of delivering a more functional exploration suit and
life support system for more complex future endeavors, in a
manner that can respond expeditiously to urgent needs. Not less
than 90 days after the date of enactment of this act, NASA is
directed to submit to the Committee a detailed plan for
achieving an advanced space suit capability that aligns with
the crew needs for exploration enabled by SLS and Orion, and
evaluates the merit of delivering the planned suit system for
use on ISS. Consideration should be given to leveraging NASA's
existing investments and technologies as the plan is developed.
SPACE OPERATIONS
Appropriations, 2016.................................... $5,029,200,000
Budget estimate, 2017................................... 5,075,800,000
Committee recommendation................................ 4,950,700,000
The Committee provides $4,950,700,000 for Space Operations,
which is $78,500,000 below the fiscal year 2016 enacted level
and $125,100,000 below the budget request. The Space Operations
account funds the International Space Station [ISS], and the
supporting functions required to conduct operations in space.
The ISS is a complex of research laboratories in low-Earth
orbit in which American, Russian, and international partner
astronauts are conducting unique scientific and technological
investigations in a microgravity environment.
Commercial Cargo.--The Committee is encouraged with the
ability of both domestic cargo suppliers to respond to launch
mishaps and find solutions that keep the ISS supplied and
operating as a scientific platform in space. NASA has
reaffirmed its confidence in the current suppliers and added a
third in its next round of contracted supply flights, providing
further redundancy and additional capabilities for delivering
cargo to, and from, the ISS. Within the funds provided for
Space Operations, $1,028,000,000, equal to the budget request,
is for fully funding the continuing support of cargo flights by
domestic companies under the first and second rounds of
commercial resupply contracts.
Commercial Crew.--The Committee provides up to
$1,184,800,000, for the Commercial Crew program. The Committee
remains concerned about the tight schedule for delivering crew
to the ISS by commercial crew participants by 2017. Both
companies now anticipate completing contracted milestones on a
delayed schedule, closer to the anticipated launch dates,
compressing already aggressive and optimistic schedules. This
leaves little margin for either provider to maintain schedule
as unanticipated challenges emerge during vehicle production
and testing.
The Government Accountability Office, in its most recent
report on NASA's large scale projects, has indicated that
commercial crew contractors have asked for variances to design
standards, that if they are not granted, could have significant
impacts to cost and schedule. The report found that NASA, in
the face of such impacts, has accommodated variances that might
lead to design changes. Unfortunately, in doing so, neither
commercial crew contractor is meeting the requirement that the
chance of a loss of crew be less than 1 in 200. The Committee
considers astronaut safety its highest priority, and NASA must
ensure that safety standards for transportation are not
compromised as NASA begins to replace its reliance on existing
Russian capabilities with services from domestic crew
transportation providers.
It is the intent of the Committee to closely monitor and
review the progress of each commercial crew participant through
the quarterly reports that are provided by NASA and to continue
to assess the need for this funding as milestone schedules and
timelines are reevaluated by NASA.
Rocket Propulsion Test Program.--The Committee recommends
the fiscal year 2017 funding request and up to an additional
$10,000,000 for the NASA Rocket Propulsion Test program to
ensure test infrastructure remains adequate to support the
Space Launch System and other propulsion development programs.
21st Century Launch Complex Program.--The Committee
provides $20,000,000 for the 21st Century Space Launch Complex,
which is $8,000,000 above the request. The Committee notes that
maintaining multiple launch sites contributes to assured access
to the ISS in case of natural disaster, national security
event, or launch accident. The program's authorized purposes
include projects at all NASA-owned launch facilities. As such,
the Committee directs no less than half of the total funding
provided be directed toward filling critical maintenance,
capacity, and range safety gaps at the Wallops Flight Facility
launch complex, and further directs NASA to take into
consideration the full potential of all NASA-owned launch
complexes. Should NASA phase out this program, as currently
planned, the agency should give high priority to range safety
projects when developing its future Construction of Facilities
requests.
Shuttle Close Out.--The Committee recognizes that NASA is
working expeditiously to finalize the required audits and close
out activities associated with the end of the Space Shuttle
program. Within the funds provided for Space Operations, up to
$7,600,000 is for close out activities of the Shuttle program.
No funds have been provided in the Exploration Account for this
purpose.
EDUCATION
Appropriations, 2016.................................... $115,000,000
Budget estimate, 2017................................... 100,100,000
Committee recommendation................................ 108,000,000
The Committee provides $108,000,000 for Education, which is
$7,000,000 below the fiscal year 2016 enacted level and
$7,900,000 above the budget request. The Education account
funds science, technology, engineering, and mathematics [STEM]
education activities to educate and inspire our next generation
of explorers and innovators.
EDUCATION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
NASA Space Grant........................................ 40,000
Experimental Program to Stimulate Competitive Research.. 18,000
Minority University Research and Education Program...... 32,000
STEM Education and Accountability Projects.............. 18,000
---------------
TOTAL............................................... 108,000
------------------------------------------------------------------------
Space Grant.--The Committee provides $40,000,000 for Space
Grant, and directs NASA to support an extension of the current
Space Grant program, and to allocate the entire funding amount
for consortia-led institutions in all 52 participating
jurisdictions according to the percentage allocation provided
to States in the current 5-year grant award.
Competitive Program.--The Committee provides up to
$10,000,000 for the Competitive Program for Science, Museums,
Planetariums and NASA Visitors Centers within the STEM
Education and Accountability Projects. This competitive grant
program creates interactive exhibits, professional development
activities, and community-based programs to engage students,
teachers, and the public in science, technology, engineering,
and mathematics.
Space Law.--As the civilian space market continues to grow
and national policies are developed for remote sensing and
commercial space launches for cargo and crew, there is an
increasing need for education on the legal aspects of human use
of aerospace technologies. To encourage legal research in this
area, the Committee provides up to $1,000,000 for space law
education and outreach. NASA shall provide a spending plan to
the Committee within 60 days of enactment on how NASA will
implement this direction.
SAFETY, SECURITY, AND MISSION SERVICES
Appropriations, 2016.................................... $2,768,600,000
Budget estimate, 2017................................... 2,836,800,000
Committee recommendation................................ 2,796,700,000
The Committee provides $2,796,700,000 for Safety, Security,
and Mission Services, which is $28,100,000 above the fiscal
year 2016 enacted level and $40,100,000 below the budget
request. The Safety, Security, and Mission Services account
funds agency management, including headquarters and each of the
nine NASA field centers, as well as the design and execution of
non-programmatic Construction of Facilities and Environmental
Compliance and Restoration activities.
Independent Verification and Validation [IV&V] Program.--
Within the amounts provided for cross-agency support, the
Committee recommends $39,100,000 for NASA's IV&V Program.
Cybersecurity.--The Committee's recommendation includes the
full request for the Agency Information Technology [IT]
Services to support shifting NASA's IT model to one that
enhances cybersecurity with strong governance and strong
information security practices.
Technical Capabilities Assessment Team/Business
Applications.--The Committee remains interested in the progress
of the Technical Capabilities Assessment Team [TCAT] process
and implementation. The potential for cross-Center technical
teams to allow each Center to be best at what they are best at
and also to be the best at what they are needed for is
encouraging. However, organizational efficiency is not always
the same as organizational effectiveness. The Committee is
concerned that divorcing business decisions from local control
could result in unnecessary delays to mission execution.
The Committee directs NASA to provide an independently-
assessed business case for any further consolidations of
procurement or human resources services. The Committee
acknowledges NASA's efforts to inform interested parties of
planned implementation actions and further directs that NASA
shall ensure all impacted parties, including both local and
national unions, are formally consulted before implementing any
TCAT-related action, no matter the size. The Committee
understands that NASA has assured impacted Centers that recent
actions related to small procurements will not result in
reduced head count and expects NASA to follow that promise.
National Center for Critical Information Processing and
Storage.--The National Center for Critical Information
Processing and Storage [NCCIPS], managed by NASA, was
established to consolidate efforts across Federal agencies to
store and secure data. NCCIPS is designed to be a shared
service, multi-tenant Federal data facility and is currently
utilized by NASA, the Department of Homeland Security, and the
U.S. Navy. The Committee encourages NASA to make agencies aware
of NCCIPS capabilities in order to help the Federal Government
reduce IT costs and more rapidly achieve IT modernization. The
Committee urges NASA to offer NCCIPS to other agencies in order
to take full financial advantage of this secure data facility,
to help the Federal Government reduce IT costs, and to more
rapidly achieve IT modernization.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2016.................................... $388,900,000
Budget estimate, 2017................................... 419,800,000
Committee recommendation................................ 400,000,000
The Committee provides $400,000,000 for Construction and
Environmental Compliance and Restoration, which is $11,100,000
above the fiscal year 2016 enacted level and $19,800,000 below
the budget request. The Construction and Environmental
Compliance and Restoration account provides for design and
execution of programmatic, discrete and minor revitalization,
construction of facilities projects, facility demolition
projects, and environmental compliance and restoration
activities.
In order to maintain continuity within the projects for
major construction, NASA shall prioritize available funding
towards repairs, minor revitalization, and activities that have
initiated demolition, site preparation, or construction
activities during previous fiscal years, followed by projects
that were deferred in previous budget requests and have since
been requested again for funding in the fiscal year 2017
request.
Preservation of Tribal Artifacts at Santa Susana Field
Laboratory.--As NASA works to meet the requirements of the 2010
Administrative Order on Consent for Remedial Action, along with
preceding agreements and court orders, the agency is encouraged
to protect the unique and historically significant Native
American sites on the property, including but not limited to
the Burro Flats Painted Cave. To the maximum extent
practicable, NASA shall include all Traditional Cultural
Properties and Traditional Cultural Landscapes (as defined by
30 CFR 60.4 and National Park Service Bulletin 38) as ``Native
American artifacts that are formally recognized as Cultural
Resources,'' for the purposes of the Administrative
Order.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Construction of Facilities (CoF)...................... ................
Institutional CoF................................. ................
Exploration CoF................................... ................
Space Operations CoF.............................. ................
Environmental Compliance and Restoration.............. ................
-----------------
Total, Construction and Environmental Compliance ................
and Restoration................................
------------------------------------------------------------------------
deg.OFFICE OF INSPECTOR GENERAL
Appropriations, 2016.................................... $37,400,000
Budget estimate, 2017................................... 38,100,000
Committee recommendation................................ 38,100,000
The Committee's recommendation provides $38,100,000 for the
Office of Inspector General [OIG], which is $700,000 above the
fiscal year 2016 enacted level and the same as the budget
request. The Office is responsible for promoting efficiency and
preventing and detecting crime, fraud, waste, and
mismanagement.
ADMINISTRATIVE PROVISIONS
The Committee includes bill language regarding the
availability of funds for certain prizes.
The Committee also includes bill language regarding
transfers of funds between accounts and the NASA spending plan
for fiscal year 2017.
National Science Foundation
Appropriations, 2016.................................... $7,463,485,000
Budget estimate, 2017................................... 7,564,020,000
Committee recommendation................................ 7,509,788,000
The Committee's recommendation provides $7,509,788,000 for
the National Science Foundation [NSF]. The recommendation is
$46,303,000 above the fiscal year 2016 enacted level and
$54,232,000 below the budget request.
The National Science Foundation was established as an
independent agency by the National Science Foundation Act of
1950 (Public Law 81-507) and is authorized to support research
and education programs that promote the progress of science and
engineering in the United States. The Foundation supports
research and education in all major scientific and engineering
disciplines through grants, cooperative agreements, contracts,
and other forms of assistance in all parts of the United
States. The Foundation also supports unique domestic and
international large-scale research facilities.
RESEARCH AND RELATED ACTIVITIES
Appropriations, 2016.................................... $6,033,645,000
Budget estimate, 2017................................... 6,079,430,000
Committee recommendation................................ 6,033,645,000
The Committee's recommendation provides $6,033,645,000. The
recommendation is the same as the fiscal year 2016 enacted
level and $45,785,000 below the budget request.
The Research and Related Activities [R&RA] appropriation
funds scientific discovery, trains a dynamic workforce, and
supports broadly accessible state-of-the-art tools and
facilities. Research activities will contribute to the
achievement of these outcomes through expansion of the
knowledge base; integration of research and education;
stimulation of knowledge transfer between academia and the
public and private sectors; and international activities, and
will bring the perspectives of many disciplines to bear on
complex problems important to the Nation. The Foundation's
discipline-oriented R&RA account includes: Biological Sciences;
Computer and Information Science and Engineering; Engineering;
Geosciences; Mathematical and Physical Sciences; Social,
Behavioral and Economic Sciences; Office of
Cyberinfrastructure; Office of International Science and
Engineering; Office of Polar Programs; Integrative Activities;
and the U.S. Arctic Research Commission.
The Committee's fiscal year 2017 recommendation supports
Federal long-term basic research that has the potential to
transform our economy and our way of life in the context of a
flat Federal budget.
Scientific Facilities and Instrumentation.--A critical
component of the Nation's scientific enterprise is the
infrastructure that supports researchers in discovery science.
Investments to advance the frontiers of research and education
in science and engineering are critical to the Nation's
innovation enterprise. The Committee encourages the National
Science Foundation to fully fund its U.S. scientific research
facilities and instruments to adequately support scientists and
students engaged in sustained, cutting-edge research.
Astronomy.--U.S.-based astronomy facilities continue to
make groundbreaking discoveries and maintain excellent world-
class scientific research even as operating budgets have been
continually constrained. This area of research is particularly
important because NSF's network of observatories and its
individual investigators are significant resources to all
astronomers, including those from U.S. colleges and
universities that do not have dedicated observatories. The
Committee encourages NSF to sustain support for the programs
and scientific facilities funded by the Astronomical Sciences
division, including the National Radio Astronomy Observatory.
Solar Astronomy.--The Committee believes that a robust U.S.
solar research community is an important asset to the country's
competitive scientific edge. As NSF begins its long-planned
transition to full-scale operations of the Daniel K. Inouye
Solar Telescope, the Committee directs NSF to continue working
with the National Solar Observatory and the academic community
to transition the management and operational responsibilities
of other solar telescopes to university consortia or other non-
Federal entities.
Super Computing Planning.--The Committee commends NSF on
its continuing commitment to its high-performance computing and
data analysis capabilities and urges NSF to make timely and
significant investments in high-performance computing. NSF
should remain committed to enabling tremendous leaps in
computational simulation and data analyses for the broad range
of research the Nation requires. The Committee understands that
the National Research Council [NRC] is in the process of
finalizing its report on advanced computing infrastructure.
This report should be instructive in identifying priorities and
approaches that NSF can take to modernize its high performance
computing infrastructure and associated software and
applications in order to support scientific research and
education. Within 180 days of receipt of the finalized report,
NSF shall provide the Committee with a response to the report
and its plans to incorporate, to the extent practicable, the
NRC's recommendations into the Foundation's approach for
maintaining and modernizing its supercomputing capabilities at
existing or future facilities.
Mathematical Sciences Institutes.--The Committee recognizes
the importance of the NSF Mathematical Sciences Institutes
across the country, which provide important basic research in
multiple fields.
Vortex-SE.--The southeastern United States commonly
experiences devastating tornadoes under variables and
conditions that differ considerably from the Midwest, where
tornado research has historically been focused. NSF has been
working in conjunction with the National Oceanic and
Atmospheric Administration [NOAA] to build up to a full
research campaign to study the unique characteristics of
tornadoes in the southeast. The Committee understands that NSF
and NOAA are conducting an initial field operation associated
with the Vortex-SE effort in the spring of 2016 and fully
supports the planned workshop in the fall of 2016 that will
help inform the larger scale research effort planned for fiscal
year 2017. These activities will allow for researchers to build
a framework for a focused experimental design and science
campaign centered on tornadoes in the southeast. NSF shall
continue its coordinated efforts with NOAA to ensure that NSF-
funded research complements work funded through NOAA. The
Committee expects that future budget requests for Vortex-SE
will include adequate resources for the anticipated research
campaign and directs NSF to include a coordinated funding plan
and timeline for conducting Vortex-SE as part of future budget
requests.
As part of Vortex-SE, the Committee directs NSF to look
beyond the traditional research disciplines and programs
utilized in previous Vortex programs and to include and utilize
the collaborative opportunities of the Prediction of and
Resilience against Extreme Events [PREEVENTS] program for co-
funding grants that enhance understanding of the fundamental
natural processes and hazards of tornadoes in the southeast and
to improve models of these seasonal extreme events.
Cybersecurity.--The Committee's recommendation includes no
less than the fiscal year 2016 enacted level for cybersecurity
research, including support for core computer science research
at academic institutions. The discovery and innovation in
cybersecurity supported by NSF will form the intellectual
foundations for practical applications that make our
information networks safer, more secure, and better able to
predict, resist, repel, and recover from cyber attacks.
Innovation Corps.--The Committee supports the NSF's request
for the Innovation Corps [I-Corps] program to build on the
successes of its innovative public-private partnership model.
Technology transfer is the backbone of American innovation, and
NSF plays a critical role in enabling our Nation's brightest
academic minds to bring their ideas and ingenuity to the
marketplace. Scientists are trained in discovery but need help
turning their research into real-world products and profits.
Programs like I-Corps create jobs in our laboratories today and
jobs in American industries tomorrow. NSF is encouraged to
collaborate with the National Institute for Standards and
Technology's Lab-to-Market program and with other science
mission agencies' technology transfer programs to leverage
Federal expertise in maximizing the success of I-Corps projects
and participants.
HBCUs Excellence in Research.--The Committee continues to
believe in the importance of additional Federal research
opportunities at Historically Black Colleges and Universities
[HBCUs]. Because NSF's primary research directorates continue
to have a troubling track record of funding HBCUs, the
Committee provides $10,000,000 for the HBCUs Excellence in
Research program with the goal of providing strategic programs
and opportunities for HBCUs that stimulate sustainable
improvement in their research and development capacity and
competitiveness. NSF is also encouraged to use research
infrastructure improvement grants, co-funding programs, and
other innovative mechanisms to achieve these goals. NSF shall
provide a detailed outline of the proposed execution for the
HBCUs Excellence in Research program in its fiscal year 2017
spending plan.
Sustainable Chemistry, Engineering, and Materials
[SusChEM].--The Committee recognizes that the Sustainable
Chemistry, Engineering, and Materials [SusChEM] program is
scheduled to sunset in fiscal year 2017, but encourages NSF to
continue research in these fields within existing program
areas. The Committee encourages NSF to pursue a long-term
vision for sustainable chemistry, including support for
sustainable chemistry research and development, education and
training, commercialization, and public-private partnerships.
Advancement of Women in Academic Science and Engineering
Careers [ADVANCE].--The Committee is supportive of the ADVANCE
program, which funds efforts to address the systemic barriers
to women's science, technology, engineering, and mathematics
[STEM] careers. To further these efforts, the Committee
provides $18,000,000, an increase of $3,100,000 above the
fiscal year 2016 funding level, with the additional funds being
provided to broaden the reach of the proven strategies
developed through ADVANCE to increase the representation and
advancement of women and minorities in STEM fields.
Experimental Program To Stimulate Competitive Research
[EPSCoR].--Within funds provided, the Committee provides not
less than the fiscal year 2016 enacted level for EPSCoR.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
Appropriations, 2016.................................... $200,310,000
Budget estimate, 2017................................... 193,120,000
Committee recommendation................................ 246,573,000
The Committee's recommendation provides $246,573,000 for
Major Research Equipment and Facilities Construction. The
recommendation is $46,263,000 above the fiscal year 2016
enacted level and $53,453,000 above the budget request.
The Major Research Equipment and Facilities Construction
appropriation supports the acquisition, procurement,
construction, and commissioning of unique national research
platforms and facilities as well as major research equipment.
Projects supported by this appropriation will push the
boundaries of technology and offer significant expansion of
opportunities for the science and engineering community.
Preliminary design and development activities, on-going
operations, and maintenance costs of the facilities are
provided through the Research and Related Activities
appropriation account.
The Committee's recommendation includes funding at the
requested level for the Daniel K. Inouye Solar Telescope and
the Large Synoptic Survey Telescope.
Regional Class Research Vessels.--The Committee notes that
the fiscal year 2017 request includes a new start for two
regional class research vessels [RCRV]. In a 2012 report to the
Committee on the status of the planned acquisition of the RCRV,
NSF indicated that the agency was coordinating with the
Interagency Working Group on Facilities and Infrastructure to
design and potentially construct three RCRVs in order to right
size the fleet. The timeline included milestones, pending
funding approval, for three RCRVs beginning in 2017, 2019, and
2020. In March of 2014, NSF reiterated its recommendation for
three vessels, after analyzing multiple scenarios through its
division of Ocean Sciences. The analysis showed RCRVs are
needed to meet regional coastal requirements and could be
supported within projected budgets. The Committee supports
NSF's plan for acquiring three RCRVs and appreciates the
benefits of having dedicated regional vessels for the Pacific,
Atlantic, and Gulf coasts rather than inefficiently forcing two
ships to allocate time among the three regions. Therefore, the
Committee recommendation provides $159,453,000 to facilitate
planning and construction of three RCRVs.
Independent Review.--The Committee requests the Government
Accountability Office [GAO] to review programs funded within
MREFC in a timescale and quality that is similar to the
analysis GAO already provides the Committee regarding NASA's
large-scale acquisition and construction projects. The
Committee believes that the additional independent perspective
will help to identify potential technical risks and cost
overruns over the construction life of projects so that these
important scientific missions keep on schedule and on budget.
NSF is directed to cooperate fully and to provide timely
program analysis, evaluation data, and other relevant
information to GAO so that GAO can report to Congress shortly
after the annual budget submission of the President and
semiannually thereafter on the status of large-scale NSF
programs, projects, and activities based on its review of this
information. The Committee notes that NSF MREFC has a no cost
overrun policy and expects GAO's analysis to explain any trade
offs NSF intends to execute to meet its policy.
EDUCATION AND HUMAN RESOURCES
Appropriations, 2016.................................... $880,000,000
Budget estimate, 2017................................... 898,870,000
Committee recommendation................................ 880,000,000
The Committee's recommendation provides $880,000,000 for
this account. The recommendation is equal to the fiscal year
2016 enacted level and $18,870,000 below the budget request.
The Education and Human Resources appropriation supports a
comprehensive set of programs across all levels of education in
science, technology, engineering, and mathematics [STEM]. The
appropriation supports activities that unite school districts
with institutions of higher learning to improve precollege
education. Other precollege activities include the development
of the next generation of STEM education leaders, instructional
materials, and the STEM instructional workforce. Undergraduate
activities support curriculum, laboratory, and instructional
improvement; expand the STEM talent pool; attract STEM
participants to teaching; augment advanced technological
education at 2-year colleges; and develop dissemination tools.
Graduate support is directed to research and teaching
fellowships, internships, and instructional workforce
improvement by linking precollege education systems with higher
education. Programs also seek to broaden the participation of
groups underrepresented in the STEM enterprise and promote
informal science education.
Advanced Technological Education.--The Committee provides
funding for Advanced Technological Education at not less than
the fiscal year 2016 enacted level.
Robert Noyce Scholarship Program.--The Committee provides
the budget request level of $60,890,000 for the Robert Noyce
Scholarship program to help fill the critical need for STEM
teachers in elementary and secondary schools.
CyberCorps: Scholarships for Service.--The CyberCorps:
Scholarships for Service program helps the Federal Government
respond to threats to our information technology infrastructure
by providing scholarships to train cybersecurity professionals.
In return, scholarship recipients agree to serve in a Federal
Government agency building the Government's capacity to
understand, respond to, and prevent cyber threats. More than
2,656 students have completed the program, which was initiated
in fiscal year 2001, and more than 93 percent of students have
been placed, serving more than 140 Federal agencies. The
Committee provides no less than $55,000,000 for the Federal
Cyber Service: Scholarships for Service program, of which not
less than $7,500,000 should be used to continue work with
community colleges that have been designated as a Center of
Academic Excellence in Information Assurance 2-Year Education
[CAE2Y] by the National Security Agency and the Department of
Homeland Security. Additionally, the Committee urges NSF to
collaborate with the National Initiative for Cybersecurity
Education at NIST on their efforts to develop cybersecurity
skills in the workforce, especially in support of non-
traditional or technical degree qualifications.
Informal Science Education.--The Committee maintains its
strong support for NSF's informal science education program and
supports the requested levels of $62,500,000 for Advancing
Informal STEM Learning and $51,880,000 for STEM+C Partnerships.
The Committee encourages the NSF to coordinate and provide
necessary support for investments in both in- and out-of-school
time STEM education programs across Federal agencies, including
support for extracurricular STEM programs.
Division of Research on Learning [DRL] in Formal and
Informal Settings.--As part of the research funded through the
DRL, the Committee recognizes the importance of out-of-school
time STEM mentor-led engagement programs, including STEM
networks, festivals, and competitions. Such programs are highly
effective in filling the higher education STEM pipeline. The
Committee urges NSF to focus on populations underrepresented in
the STEM fields and encourages NSF to fund out-of-school time
STEM engagement program activities.
Dyslexia.--The Committee encourages NSF to continue funding
meritorious research on dyslexia and other learning
disabilities through the Research on Disabilities Education
program under the Education and Human Resources Directorate.
Dyslexia related research grants are expected to fully meet
NSF's merit review standards and should have a goal of
practical application.
Division on Human Resource Development.--The Committee
continues its longstanding support for existing initiatives to
broaden participation in STEM fields and recognizes these
programs have various purposes and engage students in a
different manner. The Committee notes that support for these
programs has stagnated within NSF in spite of increases to the
overall NSF budget. The Committee recommends $35,000,000 for
the Historically Black Colleges and Universities [HBCUs]
Undergraduate Program, $8,000,000 for the Alliance for Graduate
Education and the Professoriate, $46,000,000 for the Louis
Stokes Alliances for Minority Participation, $14,000,000 for
the Tribal Colleges and Universities Program, and $24,000,000
for Centers for Research Excellence in Science and Technology.
In proposal selection, the Committee encourages NSF to give
priority to grant proposals that have demonstrated maturity,
including previous partnerships with other Federal agencies.
Hispanic-Serving Institutions [HSI] Program.--Investment in
STEM education is vital for American economic competitiveness,
and Hispanic Americans are underrepresented in science and
engineering disciplines. The Committee provides $5,000,000 as
authorized under 42 U.S.C. 1862o-12 for NSF to implement an HSI
Program that is designed to increase the recruitment,
retention, and graduation rates of Hispanic students pursuing
associate or baccalaureate degrees in STEM fields.
AGENCY OPERATIONS AND AWARD MANAGEMENT
Appropriations, 2016.................................... $330,000,000
Budget estimate, 2017................................... 373,020,000
Committee recommendation................................ 330,000,000
The Committee's recommendation provides $330,000,000 for
Agency Operations and Award Management. The recommendation is
equal to the fiscal year 2016 enacted level and $43,020,000
below the budget request.
The appropriation provides salaries and expenses,
including: staff salaries, benefits, travel, training, rent,
advisory and assistance services, communications and utilities
expenses, supplies, equipment, and other operating expenses
necessary for management of the National Science Foundation's
research and education activities.
The Committee reiterates its long-standing requirement that
NSF submit reprogrammings when initiating new programs or
activities of more than $500,000 or when reorganizing
components. The Committee expects to be notified of
reprogramming actions which involve less than the above-
mentioned amount if such actions would have the effect of
changing the agency's funding requirements in future years, or
if programs or projects specifically cited in the Committee's
reports are affected.
Peer Review.--The Committee has long been supportive of
NSF's peer review process to identify and recommend funding for
scientifically meritorious research. NSF's ability to fund
cutting-edge research helps keep the country at the forefront
of research across all scientific disciplines, which in turn
builds the technological capabilities that underpin economic
growth and prosperity. As part of the peer review process, NSF
should include criteria that evaluates how a proposal will
advance our Nation's national security and economic interests,
as well as promote the of progress of science and innovation in
the United States.
OFFICE OF THE NATIONAL SCIENCE BOARD
Appropriations, 2016.................................... $4,370,000
Budget estimate, 2017................................... 4,380,000
Committee recommendation................................ 4,370,000
The Committee's recommendation provides $4,370,000 for the
Office of the National Science Board. The recommendation is the
same as the fiscal year 2016 enacted level and $10,000 below
the budget request.
The National Science Board is the governing body of NSF and
is charged with serving as an independent adviser to the
President and Congress on policy matters related to science and
engineering research and education.
Operations and Maintenance Costs.--The Committee is
concerned that operations and maintenance costs for NSF-funded
research facilities require an increasingly large percentage of
the funding for Research and Related Activities, especially in
a budget environment where overall domestic spending is
restrained and annual operations and maintenance costs increase
faster than overall NSF spending. The Board is directed to
consider whether this issue merits a change in NSF's funding
principles or budgetary formulation processes, including
considering the research infrastructure funding approaches
within other Federal agencies, and whether a separate
operations account is merited. Not later than 180 days after
enactment of this act, the Board shall submit a report to the
Committee on its findings, including any recommendations to the
Foundation and to the Committees on Appropriations.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2016.................................... 15,160,000
Budget estimate, 2017................................... 15,200,000
Committee recommendation................................ 15,200,000
The Committee's recommendation provides $15,200,000 for the
Office of Inspector General [OIG]. The recommendation is
$40,000 above the fiscal year 2016 enacted level and the same
as the budget request.
The OIG appropriation provides audit and investigation
functions to identify and correct deficiencies that could lead
to instances of fraud, waste, or mismanagement.
ADMINISTRATIVE PROVISION
The bill includes one administrative provision to allow
limited transfers of funds among accounts.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
Appropriations, 2016.................................... $9,200,000
Budget estimate, 2017................................... 9,430,000
Committee recommendation................................ 9,200,000
The Committee's recommendation provides $9,200,000 for the
salaries and expenses of the Commission on Civil Rights. The
recommendation is the same as the fiscal year 2016 enacted
level and $230,000 below the budget request.
State Advisory Committees [SAC].--The SACs represent the
eyes and ears of the Commission in their respective States, and
the significant proportion of unchartered SACs inhibits the
Commission in carrying out its mission across the Nation. The
Committee is pleased with the Commission's progress in
extending all existing State Advisory Committee charters from 2
years to 4 years and looks forward to the improvements in work
quality that can be attributed to this change. However, 17 of
51 SAC charters currently remain expired. The Commission is
directed to submit a report to the Committee not later than 90
days after enactment of this act detailing the number of new
SAC charters, criteria used by the Commission to approve or
deny any charter submitted for approval, and any SAC charters
that were submitted but not approved by the Commission.
Use of Letterhead.--The Committee reminds the Commission of
direction provided in Senate Report 114-66 related to the use
of official Commission letterhead by any one Commissioner or
group of Commissioners in correspondence that does not reflect
the official position of the Commission. The Commission is
directed to report to the Committee within 180 days of
enactment of this act on any violation of this direction and
steps being taken to ensure that the positions taken by the
Commission are clear.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
Appropriations, 2016.................................... $364,500,000
Budget estimate, 2017................................... 376,646,000
Committee recommendation................................ 364,500,000
The Committee's recommendation provides $364,500,000 for
EEOC salaries and expenses. This recommendation is the same as
the fiscal year 2016 enacted level and $12,146,000 below the
request.
The Equal Employment Opportunity Commission [EEOC] is the
leading Federal agency dedicated to eradicating employment
discrimination in both the public and private sectors on the
basis of race, color, national origin, sex, religion,
pregnancy, age, disability, and family medical history or
genetic information. The EEOC serves both U.S. public and
private workplaces by helping provide a fair and inclusive
workplace, which engenders employee satisfaction and
commitment, and enhances employee retention, productivity, and
profitability.
Action Council for Transformation.--The EEOC launched the
Online Charge Status System in March 2016 as a component of the
Action Council for Transformation to a Digital Charge System
[ACT Digital]. Once fully operational, this online system will
address issues of information accessibility for charging
parties and respondents as well as allow the EEOC staff to
spend more time investigating charges and reducing its current
backlog of open cases. The Committee urges the EEOC to continue
its efforts to leverage technology to increase productivity,
streamline customer service, and reduce the inefficiencies at
the Commission. The EEOC shall provide the Committee with an
update not later than 90 days after the enactment of this act
on the ACT Digital system including its impact on call center
workload, overall use of the system by intended parties, any
plans to make more cases accessible within the system, and
steps being taken to protect the personal information of both
the charging parties and the respondents.
Inventory Backlog Reduction.--The EEOC has a private sector
inventory of over 76,000 cases and a Federal sector hearing
inventory of over 12,000. Using appropriated funds for
activities that do not directly resolve this backlog of
existing and incoming claims denies cases with complainants the
opportunity of a timely resolution. EEOC's own budget
submission states that justice delayed is justice denied.
Therefore, the Committee directs the EEOC to prioritize its
staffing and resources toward reducing the number of current
and outstanding unresolved private sector pending charges and
public sector hearings.
Public Comment on EEOC Guidance.--The Committee is
concerned that as the EEOC conducts its business in protecting
against employment discrimination, its guidance proposals can
be adopted without the opportunity of public input prior to
implementation and enforcement. Therefore, if requested by at
least two Commissioners, the EEOC shall make any new guidance
available for public comment in the Federal Register for not
less than 30 days prior to taking any potential action on
proposed guidance.
State and Local Enforcement Assistance.--The Committee
recommends up to $29,500,000 to assist State and local
enforcement agencies. This will help ensure that EEOC provides
adequate resources to its State partners.
International Trade Commission
SALARIES AND EXPENSES
Appropriations, 2016.................................... $88,500,000
Budget estimate, 2017................................... 92,866,000
Committee recommendation................................ 88,500,000
The Committee's recommendation provides $88,500,000. The
recommendation is equal to the fiscal year 2016 enacted level
and is $4,366,000 below the budget request.
The International Trade Commission [ITC] is an independent,
quasi-judicial agency responsible for conducting trade-related
investigations and providing Congress and the President with
independent technical advice related to U.S. international
trade policy.
Lease Expiration.--No funding is provided for ITC to
renovate and lease new office space in fiscal year 2017. The
Committee notes that ITC has proposed to sign a new 15-year
lease in order to achieve a 25 percent reduction in space, but
that the best-case scenario involves no savings until year 13
of the 15-year lease. Furthermore, the Committee understands
that the least expensive option over the proposed 15-year lease
term is for ITC to remain in its current location without
reducing its footprint. The Committee is disappointed that the
leasing issue has not yet been resolved, and directs ITC to
work expeditiously and cooperatively with the General Services
Administration in pursuit of an immediate resolution.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
Appropriations, 2016.................................... $385,000,000
Budget estimate, 2017................................... 475,000,000
Committee recommendation................................ 395,000,000
The Committee's recommendation provides $395,000,000 for
payment to the Legal Services Corporation [LSC]. The
recommendation is $10,000,000 above the fiscal year 2016
enacted level and $80,000,000 below the budget request.
The Committee's recommendation provides $362,000,000 for
basic field programs, to be used for competitively awarded
grants and contracts; $19,400,000 for management and
administration; $4,000,000 for client self-help and information
technology; $4,600,000 for the Office of the Inspector General
[OIG]; $1,000,000 for loan repayment assistance; and $4,000,000
for the LSC's Pro Bono Innovation Fund.
Governance and Management.--The LSC must continue to
improve its governance and management in order to further
restore the transparency of the organization and direct
additional funds into legal aid, where resources are
desperately needed. The Committee expects the Inspector General
of the LSC to continue conducting annual audits of LSC grantees
to ensure that funds are not being used in contravention of the
restrictions by which LSC grantees are required to abide.
Pro Bono Innovation Fund.--The Committee's recommendation
provides no less than $4,000,000 to continue the Pro Bono
Innovation Fund. This fund will support innovative projects
that promote and enhance pro bono initiatives throughout the
Nation, as well as leverage Federal dollars to increase free
legal aid for low-income Americans by engaging private
attorneys.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The Committee's recommendation continues the administrative
provisions contained in the fiscal year 1998 appropriations act
(Public Law 105-119) regarding operation of this program to
provide basic legal services to disadvantaged individuals and
the restrictions on the use of LSC funds.
LSC funds cannot be used to engage in litigation and
related activities with respect to a variety of matters
including: (1) redistricting; (2) class action suits; (3)
representation of illegal aliens; (4) political activities; (5)
abortion; (6) prisoner litigation; (7) welfare reform; (8)
representation of charged drug dealers during eviction
proceedings; and (9) solicitation of clients. The exception to
the restrictions occurs in a case where there is imminent
threat of physical harm to the client or prospective client.
Marine Mammal Commission
SALARIES AND EXPENSES
Appropriations, 2016.................................... $3,431,000
Budget estimate, 2017................................... 3,431,000
Committee recommendation................................ 3,431,000
The Committee provides $3,431,000. The recommendation is
equal to the fiscal year 2016 enacted level and the budget
request.
The Marine Mammal Commission and its Committee of
Scientific Advisors on Marine Mammals provide oversight and
recommend actions on domestic and international topics to
advance policies and provisions of the Marine Mammal Protection
Act. The Commission provides precise, up-to-date scientific
information to Congress on issues related to the safety of
marine mammals.
Office of the United States Trade Representative
SALARIES AND EXPENSES
Appropriations, 2016.................................... $54,500,000
Budget estimate, 2017................................... 59,376,000
Committee recommendation................................ 59,376,000
The Committee's recommendation provides $59,376,000 for the
Office of the United States Trade Representative [USTR]. The
recommendation is $4,876,000 above the fiscal year 2016 enacted
level and equal to the budget request. USTR is responsible for
developing and leading international negotiations for the
United States on policies regarding international trade, direct
investment, and commodities. Its areas of responsibility
include all matters relating to the World Trade Organization;
trade, commodity, and direct investment matters dealt with by
certain international institutions; industrial, agricultural,
and services trade policy; and trade-related protection of
intellectual property and the environment.
The Committee provides increased funding for USTR above the
fiscal year 2016 level primarily for trade enforcement
activities. Within funds provided, the Committee supports
USTR's proposal to assume the full financial responsibilities
of the Interagency Trade Enforcement Center [ITEC] in fiscal
year 2017. As the office makes plans to balance its fiscal year
2017 trade enforcement activities and allocate this increased
funding, USTR should consider the goals of the Trade
Enforcement Trust Fund as defined in the Trade Facilitation and
Trade Enforcement Act of 2015 (Public Law 114-125), including
enforcement, monitoring, investigation, and capacity-building
activities related to free trade agreements. Subject to the
reprogramming procedures set forth in section 505 of this act,
USTR may request to transfer appropriated funds into the Trade
Enforcement Trust Fund from funding allocated to the office's
trade enforcement-related activities.
Economy Act Transfers.--USTR is directed to continue
isolating Economy Act payments as individual transfers, and to
submit documentation of and justification for all Economy Act
transfers, regardless of amount, to and from other Federal
agencies, to the Committees not less than 15 days before such
transfers of sums are made.
Market Economy Status.--The Committee recognizes the
negative impact of foreign dumping and subsidies on American
businesses, and is subsequently concerned about the possibility
of granting Market Economy status to countries that may still
engage in unfair market manipulations. The Committee directs
USTR, in coordination with the International Trade
Administration, to brief the Committee not less than 15 days
after analysis has been undertaken in relation to a foreign
country's Market or Non-Market Economy status.
Religious Freedom.--Not later than 90 days after enactment
of this act, the U.S. Trade Representative, in coordination
with the Department of State, shall submit a report to the
Committee and to the Senate Committee on Finance detailing
USTR's compliance with the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (Public Law 114-26)
as it relates to religious freedom, including conditions in
Vietnam, and any party to negotiations for a trade agreement
with the United States.
Travel.--USTR is directed to provide monthly travel reports
detailing all trips outside of the United States, including the
purposes and costs of such trips. Additionally, USTR shall
continue to provide the Committee with quarterly reports
outlining the status of ongoing trade negotiations, enforcement
activities, and objectives achieved for existing trade
agreements.
State Justice Institute
SALARIES AND EXPENSES
Appropriations, 2016.................................... $5,121,000
Budget estimate, 2017................................... 5,121,000
Committee recommendation................................ 5,121,000
The Committee's recommendation provides $5,121,000 for the
State Justice Institute. The recommendation is the same as the
fiscal year 2016 enacted level and the budget request.
The Institute was created in 1984 to further the
development and adoption of improved judicial administration in
State courts.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the following general provisions
for the departments, agencies and commissions funded in the
accompanying act. Similar provisions were included in the
fiscal year 2016 act.
Section 501 prohibits the use of appropriations for certain
publicity and propaganda purposes.
Section 502 prohibits any appropriations contained in this
act from remaining available for obligation beyond the current
fiscal year unless expressly provided.
Section 503 limits funds for certain consulting purposes.
Section 504 provides that, should any provision of the act
be held to be invalid, the remainder of the act would not be
affected.
Section 505 stipulates the policy and procedures by which
funding available to the agencies funded under this act may be
reprogrammed for other purposes.
Section 506 provides for a penalty for persons found to
have falsely mislabeled products.
Section 507 requires agencies to provide quarterly reports
to the Appropriations Committees regarding unobligated
balances.
Section 508 requires agencies and departments funded in
this act to absorb any necessary costs related to downsizing or
consolidation within the amounts provided to the agency or
department.
Section 509 limits funds for the sale or export of tobacco
or tobacco products.
Section 510 stipulates obligation of receipts and the use
of certain funds for victim services available under the Crime
Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against, denigrate, or
otherwise undermine the religious beliefs of students
participating in such programs.
Section 512 limits transfers of funds between agencies.
Section 513 provides that funding for E-government
initiatives are subject to reprogramming guidelines established
by this act.
Section 514 requires the Inspectors General of the
Departments of Commerce and Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation to conduct reviews of activities
funded in this act and requires certifications regarding
conflicts of interest.
Section 515 prohibits funds for information technology
acquisitions unless the acquiring department or agency has
assessed the supply chain risk of the technology.
Section 516 prohibits the use of funds to support or
justify the use of torture.
Section 517 limits funds pertaining to certain activities
related to the export of firearms.
Section 518 limits funds that would deny permits to import
certain products.
Section 519 prohibits funds for activities that seek to
include certain language in new trade agreements.
Section 520 prohibits funds to authorize a national
security letter in contravention of the statutes authorizing
the FBI to issue national security letters.
Section 521 requires notification to the Committees in the
event of cost overruns.
Section 522 authorizes funds appropriated for intelligence
activities for the Department of Justice during fiscal year
2017 until the enactment of the Intelligence Authorization Act
for Fiscal Year 2017.
Section 523 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee has
certified in writing that he or she has filed all Federal tax
returns, has not been convicted of a criminal offense under the
IRS Code of 1986, and has no unpaid Federal tax assessment.
Section 524 specifies rescissions of prior appropriations.
Section 525 prohibits the use of funds to purchase first
class or premium airline travel in contravention of current
regulations and improves reporting.
Section 526 prohibits the use of funds to pay for the
attendance of more than 50 employees at any single conference
outside the United States and limits the cost of any such
conference incurred by an agency.
Section 527 prohibits the use of funds in this act for the
transfer or release of certain individuals detained at Naval
Station, Guantanamo Bay, Cuba, to or within the United States,
its territories or possessions.
Section 528 prohibits the use of funds in this act to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at Naval
Station, Guantanamo Bay, Cuba, for the purposes of detention or
imprisonment in the custody or control of the Department of
Defense.
Section 529 requires, when practicable, the use of ``Energy
Star'' or ``Federal Energy Management Program'' designated
light bulbs.
Section 530 requires agencies funded in this act to report
on undisbursed balances.
Section 531 prohibits funds made available by this act from
being used to deny the importation of certain shotgun models.
Section 532 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement purposes.
Section 533 requires departments and agencies funded in
this bill to submit spending plans to the House and Senate
Appropriations Committees within 45 days of enactment of this
act.
Section 534 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 535 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract. The Committee directs any head of any executive
branch department, agency, board, commission, or office funded
by this act to require that all contracts within their purview
that provide award fees to link such fees to successful
acquisition outcomes, specifying the terms of cost, schedule,
and performance.
Section 536 allows for full access of departmental and
agency information and data to the corresponding Inspectors
General.
Section 537 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana.
Section 538 prohibits the use of funds by the Department of
Justice to prevent States from implementing laws related to a
certain section of the Agricultural Act of 2014.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Rule XVI, paragraph 7 requires that every report on a
general appropriation bill filed by the Committee must identify
items of appropriation not made to carry out the provisions of
an existing law, a treaty stipulation, or an act or resolution
previously passed by the Senate during that session.
The Committee recommends funding for the following programs
or activities that currently lack an authorization for fiscal
year 2017, either in whole or in part, and therefore fall under
this rule:
APPROPRIATIONS NOT AUTHORIZED BY LAW--FISCAL YEAR 2017
------------------------------------------------------------------------
Last year of
Agency/program authorization
------------------------------------------------------------------------
Department of Commerce:
International Trade Administration:
Export Promotion................................ 1996
Bureau of Industry and Security:
Export Administration........................... 2001
Economic Development Administration:
Salaries and Expenses........................... 2008
Economic Development Assistance Programs:
Public Works and Economic Development....... 2008
Trade Adjustment Assistance................. 2015
Bureau of the Census:
Salaries and Expenses........................... 2014
National Telecommunications and Information
Administration:
Salaries and Expenses........................... 1993
National Institute of Standards and Technology:
Scientific and Technical Research and Services.. 2013
Industrial Technology Services.................. 2013
Construction of Research Facilities............. 2013
National Oceanic and Atmospheric Administration:
Operations, Research, and Facilities:
National Ocean Service:
Coral Reef Conservation................. 2009
Hydrographic Services................... 2007
Coastal Zone Management................. 1999
Marine Protection, Research, 2005
Preservation & Sanctuaries.............
National Marine Fisheries Service:
Endangered Species Act Amendment........ 1992
Marine Mammal Protection................ 1999
NOAA Marine Fisheries Program........... 2000
Interjurisdictional Fisheries........... 2012
Magnuson-Stevens Fishery Conservation 2012
and Management.........................
Estuary Restoration..................... 2012
Oceanic and Atmospheric Research:
National Sea Grant College Program...... 2008
Procurement, Acquisition and Construction:
National Ocean Service:
Marine Protection, Research, 2005
Preservation & Sanctuaries.............
Department of Justice:
General Administration:
Salaries and Expenses........................... 2009
Justice Information Sharing Technology.......... 2009
Administrative Review & Appeals:
Salaries and Expenses........................... 2009
Office of Inspector General:
Salaries and Expenses........................... 2009
U.S. Parole Commission:
Salaries and Expenses........................... 2009
Legal Activities:
General Legal Activities:
Salaries and Expenses....................... 2009
Antitrust Division:
Salaries and Expenses....................... 2009
U.S. Attorneys:
Salaries and Expenses....................... 2009
Foreign Claims Settlement Commission:
Salaries and Expenses....................... 2009
Fees and Expenses of Witnesses.................. 2009
Community Relations Service:
Salaries and Expenses....................... 2009
Assets Forfeiture Fund Current Budget Authority. 2009
U.S. Marshals Service............................... 2009
Salaries and Expenses........................... N/A
Federal Prison Detention........................ N/A
Construction.................................... N/A
National Security Division:
Salaries and Expenses........................... N/A
Interagency Law Enforcement:
Interagency Crime and Drug Enforcement.......... 2009
Federal Bureau of Investigation..................... 2009
Salaries and Expenses........................... N/A
Construction.................................... N/A
Drug Enforcement Administration:
Salaries and Expenses........................... 2009
Bureau of Alcohol, Tobacco, Firearms and Explosives:
Salaries and Expenses........................... 2009
Federal Prison System............................... 2009
Salaries and Expenses........................... N/A
Buildings and Facilities........................ N/A
Office on Violence Against Women Programs:
National Institute of Justice Research and N/A
Evaluation on Violence Against Women...........
Consolidated Youth Oriented Program............. N/A
Homicide Reduction Initiative............... N/A
Research--Violence Against Indian Women......... 2015
Sexual Assault in Indian Country Clearinghouse.. N/A
Office of Justice Programs:
Research, Evaluation, and Statistics:
National Institute of Justice............... 1995
Bureau of Justice Statistics................ 1995
Regional Information Sharing Activities..... 2003
Forensic Sciences........................... N/A
Forensic Science Advisory Committee..... N/A
State and Local Law Enforcement Assistance:
Byrne Memorial Justice Assistance Grants........ 2012
Body-Worn Camera Partnership................ N/A
VALOR Initiative............................ N/A
Smart Policing.............................. N/A
Smart Prosecution........................... N/A
John R. Justice Grant Program................... 2014
Byrne Competitive Grants........................ N/A
Byrne Criminal Justice Innovation Program....... N/A
Adam Walsh Act.................................. 2009
Children Exposed to Violence Initiative......... N/A
State Criminal Alien Assistance Program......... 2011
Residential Substance Abuse Treatment........... 2000
Mentally Ill Offender Act....................... 2014
Drug Courts..................................... 2008
Capital Litigation (and Wrongful Prosecution 2009
review)........................................
Economic, High Tech and Cybercrime Prevention... N/A
Second Chance Act/Offender Reentry.............. 2010
Smart Probation............................. N/A
Children of Incarcerated Parents Demo Grants N/A
Pay for Success (Discretionary)............. N/A
Pay for Success (Permanent Supportive N/A
Housing Model).............................
Coverdell Forensic Science Grants............... 2009
Violent Gang and Gun Crime Reduction............ N/A
Bulletproof Vests............................... 2012
NIST/OLES Transfer.......................... N/A
National Sex Offender Website................... N/A
National Instant Criminal Background Check N/A
System (NICS)..................................
Criminal Records Upgrade (NCHIP)................ 2007
Veterans Treatment Courts Program............... N/A
Rape Kit Backlog................................ N/A
Justice Reinvestment Initiative................. N/A
Project HOPE Opportunity Probation with N/A
Enforcement....................................
Comprehensive School Safety Initiative.......... N/A
Juvenile Justice Programs:
Part B--State Formula........................... 2007
Emergency Planning in Juvenile Justice N/A
Facilities.................................
Part G--Youth Mentoring......................... N/A; 2007
Title V--Local Delinquency Prevention Incentive 2008
Grants.........................................
Tribal Youth................................ N/A
Gang/Youth Violence Education and Prevention N/A
Community-Based Violence Prevention Initiatives. N/A
Missing and Exploited Children Programs......... 2004; 2018;
2018
Competitive Grants for Girls in the Justice N/A
System.........................................
Children of Incarcerated Parents Web Portal..... N/A
COPS Programs:
COPS Hiring Program............................. 2009
Transfer to DEA for Methamphetamine Clean-Up.... N/A
Anti-Methamphetamine Task Forces................ N/A
Anti-Heroin Task Forces......................... N/A
National Aeronautics and Space Administration:
Science............................................. 2013
Aeronautics......................................... 2013
Exploration......................................... 2013
Space Operations.................................... 2013
Education........................................... 2013
Safety, Security and Mission Services............... 2013
Construction and Environmental Compliance and 2013
Restoration........................................
Office of the Inspector General..................... 2013
National Science Foundation............................. 2013
Related Agencies:
U.S. Equal Employment Opportunity Commission:
Salaries and Expenses........................... 2000
Commission on Civil Rights:
Salaries and Expenses........................... 1995
International Trade Commission:
Salaries and Expenses........................... 2004
Payment to the Legal Services Corporation:
Salaries and Expenses........................... 1980
Marine Mammal Commission:
Salaries and Expenses........................... 1999
Office of the U.S. Trade Representative:
Salaries and Expenses........................... 2004
State Justice Institute:
Salaries and Expenses........................... 2008
------------------------------------------------------------------------
\1\NOAA authorizations are spread across over 60 separate statutory
authorities. In many cases, the authorizations do not match exactly to
specific programs.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on April 21, 2016,
the Committee ordered favorably reported a bill (S. 2837)
making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2017, and for other purposes, provided,
that the bill be subject to amendment and that the bill be
consistent with its budget allocation, by a recorded vote of
30-0, a quorum being present. The vote was as follows:
Yeas Nays
Chairman Cochran
Mr. McConnell
Mr. Shelby
Mr. Alexander
Ms. Collins
Ms. Murkowski
Mr. Graham
Mr. Kirk
Mr. Blunt
Mr. Moran
Mr. Hoeven
Mr. Boozman
Mrs. Capito
Mr. Cassidy
Mr. Lankford
Mr. Daines
Ms. Mikulski
Mr. Leahy
Mrs. Murray
Mrs. Feinstein
Mr. Durbin
Mr. Reed
Mr. Tester
Mr. Udall
Mrs. Shaheen
Mr. Merkley
Mr. Coons
Mr. Schatz
Ms. Baldwin
Mr. Murphy
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of the rule XXVI requires that Committee
reports on a bill or joint resolution repealing or amending any
statute or part of any statute include ``(a) the text of the
statute or part thereof which is proposed to be repealed; and
(b) a comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which would
be made by the bill or joint resolution if enacted in the form
recommended by the Committee.''
In compliance with this rule, no changes to existing law
are displayed because this bill proposes no changes.
------
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
-------------------------------------------------------
Committee Amount in Committee Amount in
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with the subcommittee
allocation for 2017: Subcommittee on Commerce, Justice,
Science, and Related Agencies:
Mandatory........................................... 320 320 330 \1\330
Discretionary....................................... 56,285 56,285 64,425 \1\64,409
Security........................................ 5,117 5,117 NA NA
Nonsecurity..................................... 51,168 51,168 NA NA
Projections of outlays associated with the
recommendation:
2017................................................ ............ ............ ............ \2\42,085
2018................................................ ............ ............ ............ 14,140
2019................................................ ............ ............ ............ 3,974
2020................................................ ............ ............ ............ 1,402
2021 and future years............................... ............ ............ ............ 3,720
Financial assistance to State and local governments forP NA -6,275 NA \2\-7
2017...................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2016 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2017
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2016 Budget estimate Committee -----------------------------------
appropriation recommendation 2016
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE I--DEPARTMENT OF COMMERCE
International Trade Administration
Operations and administration................................. 493,000 533,421 495,000 +2,000 -38,421
Offsetting fee collections.................................... -10,000 -12,000 -12,000 -2,000 ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................... 483,000 521,421 483,000 ................ -38,421
Bureau of Industry and Security
Operations and administration................................. 76,500 90,945 76,500 ................ -14,445
Defense function.......................................... 36,000 36,000 36,000 ................ ................
-----------------------------------------------------------------------------------------
Total, Bureau of Industry and Security.................. 112,500 126,945 112,500 ................ -14,445
=========================================================================================
Economic Development Administration
Economic development assistance programs...................... 222,000 215,000 215,000 -7,000 ................
Salaries and expenses......................................... 39,000 43,454 39,000 ................ -4,454
-----------------------------------------------------------------------------------------
Total, Economic Development Administration.............. 261,000 258,454 254,000 -7,000 -4,454
=========================================================================================
Minority Business Development Agency
Minority business development................................. 32,000 35,613 32,000 ................ -3,613
Economic and Statistical Analysis
Salaries and expenses......................................... 109,000 114,643 109,000 ................ -5,643
Bureau of the Census
Current surveys and programs.................................. 270,000 285,287 270,000 ................ -15,287
Periodic censuses and programs (new structure)................ 1,100,000 1,348,319 1,248,319 +148,319 -100,000
-----------------------------------------------------------------------------------------
Total, Bureau of the Census............................. 1,370,000 1,633,606 1,518,319 +148,319 -115,287
=========================================================================================
National Telecommunications and Information Administration
Salaries and expenses......................................... 39,500 50,841 39,500 ................ -11,341
United States Patent and Trademark Office
Salaries and expenses, current year fee funding............... 3,272,000 3,230,000 3,230,000 -42,000 ................
Offsetting fee collections.................................... -3,272,000 -3,230,000 -3,230,000 +42,000 ................
-----------------------------------------------------------------------------------------
Total, United States Patent and Trademark Office........ ................ ................ ................ ................ ................
=========================================================================================
National Institute of Standards and Technology
Scientific and technical research and services................ 690,000 730,533 700,000 +10,000 -30,533
Industrial technology services................................ 155,000 188,991 155,000 ................ -33,991
Manufacturing extension partnerships...................... (130,000) (141,991) (130,000) ................ (-11,991)
National network for manufacturing innovation............. (25,000) (47,000) (25,000) ................ (-22,000)
Construction of research facilities........................... 119,000 94,995 119,000 ................ +24,005
Working Capital Fund (by transfer)............................ (9,000) (9,000) (9,000) ................ ................
-----------------------------------------------------------------------------------------
Total, National Institute of Standards and Technology... 964,000 1,014,519 974,000 +10,000 -40,519
=========================================================================================
National Oceanic and Atmospheric Administration
Operations, research, and facilities.......................... 3,305,813 3,494,180 3,339,376 +33,563 -154,804
(By transfer)............................................. (130,164) (130,164) (130,164) ................ ................
Promote and Develop Fund (transfer out)................... (-130,164) (-130,164) (-130,164) ................ ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 3,305,813 3,494,180 3,339,376 +33,563 -154,804
Procurement, acquisition and construction..................... 2,400,416 2,270,123 2,286,853 -113,563 +16,730
Pacific coastal salmon recovery............................... 65,000 65,000 65,000 ................ ................
Fishermen's Contingency Fund.................................. 350 350 350 ................ ................
Fisheries disaster assistance................................. ................ 9,000 ................ ................ -9,000
Fisheries Finance Program Account............................. -6,000 -410 -410 +5,590 ................
National Oceans and Coastal Security Fund..................... ................ 10,000 ................ ................ -10,000
-----------------------------------------------------------------------------------------
Total, National Oceanic and Atmospheric Administration.. 5,765,579 5,848,243 5,691,169 -74,410 -157,074
=========================================================================================
Departmental Management
Salaries and expenses......................................... 58,000 74,503 58,000 ................ -16,503
Renovation and modernization.................................. 19,062 12,224 12,224 -6,838 ................
Office of Inspector General................................... 32,000 37,167 32,744 +744 -4,423
-----------------------------------------------------------------------------------------
Total, Departmental Management.......................... 109,062 123,894 102,968 -6,094 -20,926
=========================================================================================
Total, title I, Department of Commerce.................. 9,245,641 9,728,179 9,316,456 +70,815 -411,723
(By transfer)....................................... 139,164 139,164 139,164 ................ ................
TITLE II--DEPARTMENT OF JUSTICE
General Administration
Salaries and expenses......................................... 111,500 125,896 114,124 +2,624 -11,772
Justice information sharing technology........................ 31,000 57,561 50,000 +19,000 -7,561
-----------------------------------------------------------------------------------------
Total, General Administration........................... 142,500 183,457 164,124 +21,624 -19,333
=========================================================================================
Administrative review and appeals............................. 426,791 437,444 426,791 ................ -10,653
Transfer from immigration examinations fee account........ -4,000 -4,000 -4,000 ................ ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 422,791 433,444 422,791 ................ -10,653
Office of Inspector General................................... 93,709 97,814 95,583 +1,874 -2,231
United States Parole Commission
Salaries and expenses......................................... 13,308 14,000 13,308 ................ -692
Legal Activities
Salaries and expenses, general legal activities............... 893,000 957,423 893,000 ................ -64,423
Vaccine Injury Compensation Trust Fund........................ 9,358 11,970 9,358 ................ -2,612
Salaries and expenses, Antitrust Division..................... 164,977 180,506 164,977 ................ -15,529
Offsetting fee collections--current year.................. -124,000 -125,000 -125,000 -1,000 ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 40,977 55,506 39,977 -1,000 -15,529
Salaries and expenses, United States Attorneys................ 2,000,000 2,074,402 2,030,000 +30,000 -44,402
United States Trustee System Fund............................. 225,908 229,717 225,908 ................ -3,809
Offsetting fee collections................................ -162,000 -163,000 -163,000 -1,000 ................
New fees (Sec. 221) (legislative proposal)................ ................ -125,000 ................ ................ +125,000
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 63,908 -58,283 62,908 -1,000 +121,191
Salaries and expenses, Foreign Claims Settlement Commission... 2,374 2,409 2,374 ................ -35
Fees and expenses of witnesses................................ 270,000 270,000 270,000 ................ ................
Salaries and expenses, Community Relations Service............ 14,446 18,990 14,446 ................ -4,544
Assets Forfeiture Fund........................................ 20,514 20,514 20,514 ................ ................
-----------------------------------------------------------------------------------------
Total, Legal Activities................................. 3,314,577 3,352,931 3,342,577 +28,000 -10,354
=========================================================================================
United States Marshals Service
Salaries and expenses......................................... 1,230,581 1,275,156 1,249,040 +18,459 -26,116
Construction.................................................. 15,000 10,000 10,000 -5,000 ................
Federal prisoner detention.................................... 1,454,414 1,504,009 1,454,414 ................ -49,595
-----------------------------------------------------------------------------------------
Total, United States Marshals Service................... 2,699,995 2,789,165 2,713,454 +13,459 -75,711
=========================================================================================
National Security Division
Salaries and expenses......................................... 95,000 97,337 95,000 ................ -2,337
Interagency Law Enforcement
Interagency crime and drug enforcement........................ 512,000 522,135 512,000 ................ -10,135
Federal Bureau of Investigation
Salaries and expenses......................................... 3,444,306 3,537,251 3,495,971 +51,665 -41,280
Counterintelligence and national security................. 5,045,480 5,181,633 5,121,162 +75,682 -60,471
-----------------------------------------------------------------------------------------
Subtotal................................................ 8,489,786 8,718,884 8,617,133 +127,347 -101,751
Construction.................................................. 308,982 783,482 833,982 +525,000 +50,500
(By transfer)............................................. ................ (85,000) ................ ................ (-85,000)
-----------------------------------------------------------------------------------------
Total, Federal Bureau of Investigation.................. 8,798,768 9,502,366 9,451,115 +652,347 -51,251
=========================================================================================
Drug Enforcement Administration
Salaries and expenses......................................... 2,451,514 2,485,638 2,485,638 +34,124 ................
Diversion control fund.................................... -371,514 -382,662 -382,662 -11,148 ................
-----------------------------------------------------------------------------------------
Total, Drug Enforcement Administration.................. 2,080,000 2,102,976 2,102,976 +22,976 ................
=========================================================================================
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and expenses......................................... 1,240,000 1,306,063 1,258,600 +18,600 -47,463
Federal Prison System
Salaries and expenses......................................... 6,948,500 7,186,225 6,978,500 +30,000 -207,725
Buildings and facilities...................................... 530,000 113,022 113,022 -416,978 ................
Limitation on administrative expenses, Federal Prison 2,700 2,700 2,700 ................ ................
Industries, Incorporated.....................................
-----------------------------------------------------------------------------------------
Total, Federal Prison System............................ 7,481,200 7,301,947 7,094,222 -386,978 -207,725
=========================================================================================
State and Local Law Enforcement Activities
Office on Violence Against Women:
Prevention and prosecution programs....................... 101,000 163,000 102,500 +1,500 -60,500
(By transfer)......................................... (379,000) ................ (379,000) ................ (+379,000)
Crime Victims Fund (transfer out)......................... (-379,000) ................ (-379,000) ................ (-379,000)
Offsetting collections.................................... ................ -326,000 ................ ................ +326,000
Spending of offsetting collections........................ ................ 326,000 ................ ................ -326,000
Office of Justice Programs:
Research, evaluation and statistics....................... 116,000 154,000 118,000 +2,000 -36,000
State and local law enforcement assistance................ 1,408,500 1,097,800 1,183,649 -224,851 +85,849
Juvenile justice programs................................. 270,160 334,400 272,000 +1,840 -62,400
Public safety officer benefits:
Death benefits........................................ 72,000 73,000 73,000 +1,000 ................
Disability and education benefits..................... 16,300 16,300 16,300 ................ ................
-----------------------------------------------------------------------------------------
Subtotal............................................ 88,300 89,300 89,300 +1,000 ................
-----------------------------------------------------------------------------------------
Total, Office of Justice Programs................... 1,882,960 1,675,500 1,662,949 -220,011 -12,551
=========================================================================================
Community Oriented Policing Services:
COPS programs............................................. 212,000 286,000 215,000 +3,000 -71,000
-----------------------------------------------------------------------------------------
Total, State and Local Law Enforcement Activities....... 2,195,960 2,124,500 1,980,449 -215,511 -144,051
=========================================================================================
Total, title II, Department of Justice.................. 29,089,808 29,828,135 29,246,199 +156,391 -581,936
=========================================================================================
TITLE III--SCIENCE
Office of Science and Technology Policy....................... 5,555 5,566 5,555 ................ -11
National Aeronautics and Space Administration
Science....................................................... 5,589,400 5,302,500 5,395,000 -194,400 +92,500
Aeronautics................................................... 640,000 634,500 601,000 -39,000 -33,500
Space technology.............................................. 686,500 690,600 686,500 ................ -4,100
Exploration................................................... 4,030,000 3,163,900 4,330,000 +300,000 +1,166,100
Space operations.............................................. 5,029,200 5,075,800 4,950,700 -78,500 -125,100
Education..................................................... 115,000 100,100 108,000 -7,000 +7,900
Safety, security and mission services......................... 2,768,600 2,836,800 2,796,700 +28,100 -40,100
Construction and environmental compliance and restoration..... 388,900 419,800 400,000 +11,100 -19,800
Office of Inspector General................................... 37,400 38,100 38,100 +700 ................
-----------------------------------------------------------------------------------------
Total, National Aeronautics and Space Administration.... 19,285,000 18,262,100 19,306,000 +21,000 +1,043,900
=========================================================================================
National Science Foundation
Research and related activities............................... 5,966,125 6,011,910 5,966,125 ................ -45,785
Defense function.......................................... 67,520 67,520 67,520 ................ ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 6,033,645 6,079,430 6,033,645 ................ -45,785
Major research equipment and facilities construction.......... 200,310 193,120 246,573 +46,263 +53,453
Education and human resources................................. 880,000 898,870 880,000 ................ -18,870
Agency operations and award management........................ 330,000 373,020 330,000 ................ -43,020
Office of the National Science Board.......................... 4,370 4,380 4,370 ................ -10
Office of Inspector General................................... 15,160 15,200 15,200 +40 ................
-----------------------------------------------------------------------------------------
Total, National Science Foundation...................... 7,463,485 7,564,020 7,509,788 +46,303 -54,232
=========================================================================================
Total, title III, Science............................... 26,754,040 25,831,686 26,821,343 +67,303 +989,657
=========================================================================================
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
Salaries and expenses......................................... 9,200 9,430 9,200 ................ -230
Equal Employment Opportunity Commission
Salaries and expenses......................................... 364,500 376,646 364,500 ................ -12,146
International Trade Commission
Salaries and expenses......................................... 88,500 92,866 88,500 ................ -4,366
Legal Services Corporation
Payment to the Legal Services Corporation..................... 385,000 475,000 395,000 +10,000 -80,000
Marine Mammal Commission
Salaries and expenses......................................... 3,431 3,431 3,431 ................ ................
Office of the U.S. Trade Representative
Salaries and expenses......................................... 54,500 59,376 59,376 +4,876 ................
State Justice Institute
Salaries and expenses......................................... 5,121 5,121 5,121 ................ ................
=========================================================================================
Total, title IV, Related Agencies....................... 910,252 1,021,870 925,128 +14,876 -96,742
=========================================================================================
TITLE V--GENERAL PROVISIONS
DOC, economic development assistance programs (rescission).... -10,000 ................ ................ +10,000 ................
DOJ, Working Capital Fund (rescission)........................ -69,000 -164,743 -289,743 -220,743 -125,000
DOJ, Drug Enforcement Administration (rescission)............. ................ -6,192 -6,192 -6,192 ................
DOJ, Assets Forfeiture Fund (rescission)...................... -458,000 -304,000 -304,000 +154,000 ................
FBI, Salaries and expenses, nondefense (rescission)........... -32,767 -90,709 -73,509 -40,742 +17,200
FBI, Salaries and expenses, defense (rescission).............. -48,000 -132,877 -107,682 -59,682 +25,195
Federal prisoner detention (rescission)....................... -195,974 -24,000 -24,000 +171,974 ................
Violence against women prevention and prosecution programs -15,000 -5,000 -5,000 +10,000 ................
(rescission).................................................
Office of Justice programs (rescission)....................... -40,000 -20,000 -20,000 +20,000 ................
COPS (rescission)............................................. -10,000 -10,000 -10,000 ................ ................
=========================================================================================
Total, title V, General Provisions...................... -878,741 -757,521 -840,126 +38,615 -82,605
Grand total............................................. 65,121,000 65,652,349 65,469,000 +348,000 -183,349
Appropriations...................................... (65,999,741) (66,409,870) (66,309,126) (+309,385) (-100,744)
Rescissions......................................... (-878,741) (-757,521) (-840,126) (+38,615) (-82,605)
(By transfer)........................................... 518,164 224,164 518,164 ................ +294,000
(Transfer out).......................................... -509,164 -130,164 -509,164 ................ -379,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
[all]