[House Report 115-231]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-231
======================================================================
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL,
2018
_______
July 17, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Culberson, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3267]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for Commerce, Justice, Science, and Related
Agencies for the fiscal year ending September 30, 2018, and for
other purposes.
INDEX TO BILL AND REPORT
Page number
Bill Report
Title I--Department of Commerce............................ 2
5
Title II--Department of Justice............................ 23
28
Title III--Science......................................... 59
54
Office of Science and Technology Policy............ 59
54
National Aeronautics and Space Administration...... 60
54
National Science Foundation........................ 68
68
Title IV--Related Agencies................................. 72
73
Commission on Civil Rights......................... 72
73
Equal Employment Opportunity Commission............ 72
73
International Trade Commission..................... 73
73
Legal Services Corporation......................... 74
74
Marine Mammal Commission........................... 75
74
Office of the United States Trade Representative... 75
74
State Justice Institute............................ 76
75
Title V--General Provisions................................ 77
75
House of Representatives Reporting Requirements............
79
Minority Views.............................................
125
Highlights of the Bill
The Commerce, Justice, Science, and Related Agencies
Subcommittee has jurisdiction over a diverse group of agencies
responsible for combating gangs, violent crime, drug
trafficking, financial fraud, terrorism, espionage, and
cybercrime; enforcing trade laws; conducting periodic censuses;
forecasting the weather; managing fisheries; exploring space;
and advancing science. The activities of these agencies impact
nearly every American and are integral to the operations of our
government.
The bill provides a total of $53,935,000,000 in
discretionary budget authority for fiscal year 2018, which is
$2,620,000,000 below the fiscal year 2017 discretionary enacted
level.
Within the level of funds provided, the bill prioritizes
funding for Federal law enforcement, national security, and the
National Aeronautics and Space Administration (NASA) while
freezing, reducing, or eliminating funding for non-critical
activities.
For the Department of Justice, the bill provides an
increase of $318,864,000 from the current year and is
$836,856,000 above the budget request. This includes an
increase of $47,546,000 for the Federal Bureau of
Investigation's (FBI) salaries and expenses to enhance its
efforts to combat violent crime, cybercrime, terrorism, and
espionage. The bill also provides increases across the Federal
law enforcement agencies to enhance immigration enforcement,
combat violent crime and opioids trafficking. These increases
include $64,500,000 for immigration courts, $22,252,000 for
United States Attorneys, $87,546,000 for the United States
Marshals Service, $9,000,000 for interagency drug task forces,
$97,987,000 for the Drug Enforcement Administration,
$35,176,000 for the Bureau of Alcohol, Tobacco, Firearms and
Explosives, and $61,448,000 for the operations of the Federal
Prison System.
For State and local law enforcement activities, the bill
increases funds for Violence Against Women Prevention and
Prosecutions Programs, the State Criminal Alien Assistance
Program and Byrne Justice Assistance Grants. The bill also
continues support for priority programs such as Adam Walsh Act,
NICS background checks, the DNA initiative, Reducing Sexual
Assault Kit Backlogs, the Second Chance Act, the Missing and
Exploited Children program, and fully funds the Comprehensive
Addiction and Recovery Act of 2016.
For NASA, the bill includes $19,871,834,000 which is an
increase of $218,534,000 above fiscal year 2017. The Committee
believes that additional investment is needed to maintain
American leadership in space exploration and science, and for
NASA to successfully execute all of its activities and
missions. A bold space exploration program that engages the
nation will inspire new generations of scientists and engineers
and contribute to the economic success and space leadership of
the country. The bill advances space exploration and ensures
our nation remains the world's leader in space exploration and
technology, aeronautics research, and discovery in space and
science. The bill provides for the continued development of the
Orion crew vehicle, the Space Launch System, and Exploration
Ground Systems that will one day send astronauts beyond low
Earth orbit. The bill continues funding for critical scientific
missions and technology programs. The Committee directs NASA to
follow the direction of the decadal surveys in prioritizing
activities during fiscal year 2018 and in the future.
For the National Science Foundation, the bill maintains
funding for the Research and Related Activities appropriation
at the fiscal year 2017 level.
Within the Department of Commerce, the bill priorities the
International Trade Administration's enforcement and compliance
activities and continuing preparations for the 2020 decennial
census. Funding for the National Oceanic and Atmospheric
Administration prioritizes weather forecasting, ocean
exploration, weather research, and fisheries management.
In order to fund the priority programs described above, the
bill recommends terminating 37 programs, resulting in savings
of more than $623,644,000 from the fiscal year 2017 level and
$347,000,000 from the President's request for these same
programs. In addition, the bill recommends freezing or reducing
18 appropriation accounts in the Department of Commerce, 20
appropriation accounts in the Department of Justice, and 5
appropriation accounts in related agencies.
Oversight and Budget Review
In furtherance of the Committee's oversight
responsibilities and to protect hard-earned taxpayer dollars,
the Committee has included language that:
Withholds funds for information technology
related to the 2020 census until a comprehensive
investment plan is provided to the Committee and the
Government Accountability Office.
Caps total life-cycle costs for programs
that have a record of poor performance, including
weather satellites and the James Webb Space Telescope.
Prohibits funding for the National Technical
Information Service to charge customers for a copy of a
document generated by the Legislative Branch unless the
customer is informed how to receive an electronic copy
free online.
Requires monthly reporting on Immigration
Judge performance.
Maintains limitations on the Department of
Justice's use of non-appropriated funds including the
Working Capital Fund and the Assets Forfeiture Fund.
Requires quarterly reporting of unobligated
balances.
Requires agencies procuring sensitive
information technology systems to conduct supply chain
risk assessments.
Requires contractors and grantees receiving
more than $5,000,000 to certify that they are not
delinquent on their Federal taxes.
Prohibits funds from being used to purchase
first class and premium airline travel.
Limits the number of agency staff who can
attend overseas conferences.
Requires agencies to track undisbursed grant
balances.
Requires agencies to submit spending plans
for the Committee's review.
Requires agencies to notify the Committee of
project cost overruns and mitigation plans.
Requires agency computer networks to block
pornography.
Paper Reduction Efforts.--The Committee urges the
Departments of Commerce and Justice, the National Science
Foundation, and NASA to work with the Office of Management and
Budget to reduce printing and reproduction costs and directs
each agency to report to the Committee within 60 days of
enactment of this Act on the steps it has taken to achieve this
goal. The report should specifically identify how much funding
each agency expects to save by implementing these measures.
Performance Measures.--The Committee directs each of the
agencies funded by this Act to comply with title 31 of the
United States Code, including the development of their
organizational priority goals and outcomes such as performance
outcome measures, output measures, efficiency measures, and
customer service measures.
Reprogramming Procedures
Section 505 of the bill contains language concerning the
reprogramming of funds between programs, projects, and
activities. The Committee reminds the departments and agencies
funded in this bill that the reprogramming process is based on
comity between the Congress and the Executive Branch. This
process is intended to provide departments and agencies
sufficient flexibility to meet changing circumstances and
emergent requirements not known at the time of congressional
review of the budget while preserving congressional priorities
and intent. In the absence of comity and respect for the
prerogatives of the Appropriations Committees and the Congress
in general, the Committee may opt to include specific program
limitations and details in legislation and remove language
providing the flexibility to reallocate funds. Under these
circumstances, programs, projects, and activities become
absolutes and the Executive Branch shall lose the ability to
propose changes in the use of appropriated funds except through
legislative action.
Each department and agency funded in this bill shall follow
the directions set forth in this bill and the accompanying
report, and shall not reallocate resources or reorganize
activities except as provided herein. Reprogramming procedures
shall apply to funds provided in this bill, unobligated
balances from previous appropriations Acts that are available
for obligation or expenditure in fiscal year 2018, and non-
appropriated resources such as fee collections that are used to
meet program requirements in fiscal year 2018. As specified in
section 505, the Committee expects that the Appropriations
Subcommittees on Commerce, Justice, Science, and Related
Agencies of the House and Senate will be notified by letter a
minimum of 15 days prior to any reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices, programs, or
activities;
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
(7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent,
whichever is less, or reduces by 10 percent funding for
any program, project, or activity, or numbers of
personnel by 10 percent; or
(8) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects, or
activities as approved by Congress.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. The Committee
further expects any department or agency funded in this bill
that plans a reduction-in-force to notify the Committee by
letter at least 30 days in advance of the date of any such
planned personnel action.
Relationship With Budget and Comptroller Offices
Through the years the Appropriations Committee has
channeled most of its inquiries and requests for information
and assistance through the budget offices or comptroller
organizations of the various departments, agencies, and
commissions. Such relationships are necessary to accomplish the
work of the Committee. While the Committee reserves the right
to call upon all organizations in the departments, agencies and
commissions for information and assistance, the primary contact
between the Committee and these entities must be through the
budget offices and comptroller organizations, or through a
legislative affairs unit designated by the Committee to work on
appropriations and budget matters.
The workload generated in the budget process is large and
growing; therefore, a positive, responsive relationship between
the Committee and the budget and/or comptroller offices is
essential for the Committee to fulfill the Constitutional
appropriations responsibilities of Congress.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends $480,000,000 in total resources
for the programs of the International Trade Administration
(ITA), which is $15,000,000 below fiscal year 2017 and
$24,500,000 above the request. This amount is offset by
$13,000,000 in estimated fee collections, resulting in a direct
appropriation of $467,000,000.
Trade enforcement.--The recommendation funds Enforcement
and Compliance at the requested level of $88,500,000. The
Committee instructs the ITA to make the enforcement of
antidumping and countervailing duties its highest priority, and
recommends that the ITA focus specifically on expeditiously
reducing case backlogs and thoroughly investigating the extent
to which trade law evasion harms domestic industries.
Global Markets.--The recommendation provides $309,000,000
for Global Markets. The recommendation does not adopt the
proposal to reduce U.S. and Foreign Commercial Service staff or
close overseas offices or U.S. Export Assistance Centers. The
recommendation does not fund the SelectUSA initiative.
Industry and Analysis.--The recommendation provides
$49,250,000 for Industry and Analysis.
Executive Direction and Administration.--The recommendation
provides $20,250,000 for Executive Direction and
Administration.
Business-to-Business Networks.--The Committee directs the
ITA to conduct Business-to-Business Networks for industry
clusters in Northern Mexico and Southern United States to
promote regionally-driven economic development strategies that
support advanced manufacturing and exports of American goods
and services.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The Committee recommends $112,500,000 for the Bureau of
Industry and Security (BIS), which is the same as fiscal year
2017. The recommendation prioritizes Export Enforcement.
Economic Development Administration
The Committee does not adopt the proposal to terminate the
Economic Development Administration (EDA) and recommends
$176,000,000 for the programs and administrative expenses of
the EDA.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee provides $140,000,000 for the Economic
Development Assistance Programs for grants to economically
destressed areas. The bill provides $17,000,000 for the
Regional Innovation Program. Additionally, within the funds
provided, EDA shall prioritize Public Works.
Assistance to coal mining communities.--The recommendation
includes the enacted level to assist coal mining communities.
The Committee appreciates that EDA has engaged and is
collaborating with local leaders and stakeholders, along with
other Federal agencies, to develop comprehensive strategies to
promote economic growth in coal mining communities. The
Committee expects this effort to continue. Within the funds
provided, the Committee directs EDA to continue assisting
communities that have yet to develop an economic development
strategy to begin the planning process. For communities that
have created economic development strategies, EDA shall
continue providing assistance to implement the strategies,
including the funding of economic development projects. EDA
shall continue to report to the Committee on its efforts to
assist coal communities and include a detailed description of
how EDA and other Federal agencies have assisted coal mining
communities to date and how the Federal government plans to
assist them in the future.
Regional Innovation Program.--The Committee encourages EDA
to support the development of regional innovation clusters that
focus on advanced wood products. The Committee supports
university-based, high-tech business incubators.
SALARIES AND EXPENSES
The Committee recommends $36,000,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The Committee recommends $34,000,000 for the Minority
Business Development Agency (MBDA), which is equal to the
enacted level. Within the funds provided, not less than
$17,000,000 shall be awarded through cooperative agreements,
external awards and grants.
Report.--MBDA shall provide a report to the Committee
within 180 days of enactment of this Act on the state of
minority-owned businesses, including an evaluation of their
access to capital.
Bureau of Economic Analysis
SALARIES AND EXPENSES
The Committee recommends $96,000,000 for the Bureau of
Economic Analysis, which is $11,300,000 below fiscal year 2017
and $1,000,000 below the request. The recommendation adopts the
reorganization proposal.
Bureau of the Census
The Committee recommends a total of $1,507,000,000 for the
Bureau of the Census, which is $37,000,000 above fiscal year
2017 and $10,000,000 above the request.
CURRENT SURVEYS AND PROGRAMS
The Committee recommends $256,000,000 for the Current
Surveys and Programs, which is $14,000,000 below fiscal year
2017 and $10,000,000 above the request.
Survey of Income and Program Participation (SIPP).--Within
the amounts provided, Census shall continue the level of effort
for the SIPP at no less than the fiscal year 2017 level and
shall conduct the 2018 panel such that it is comparable to wave
1 of the previous SIPP cycle.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total of $1,251,000,000 for
Periodic Censuses and Programs, which is $51,000,000 above the
fiscal year 2017 level and the same as the request. The
recommendation provides for a transfer of $2,580,000 to the
Department of Commerce Office of Inspector General (OIG) for
oversight of the Census Bureau. The recommended increase will
support completion of research and the beginning of design,
development, and testing for the 2020 Census.
The Committee encourages the Census Bureau to reconsider
its proposal to cancel two of the three census tests scheduled
for 2018.
Census risks.--The Committee is concerned that the 2020
Census is a Government Accountability Office (GAO) high-risk
area. With limited time remaining until Census Day, the Census
Bureau needs to: (1) ensure key innovations will function as
planned; (2) strengthen the management and oversight of all IT
programs, systems, and contractors supporting the decennial;
and (3) develop reliable cost estimates. Already, the Bureau is
experiencing significant cost overruns in key programs.
The Committee appreciates that Census leadership meets with
GAO staff monthly to discuss the progress the Bureau is making
toward the 2020 Census, including how it is addressing GAO's
open recommendations, and encourages these meetings to
continue. To aid the Committee in its oversight function, the
Bureau shall update the Committee quarterly on the status of
implementing GAO recommendations regarding the 2020 Census.
To help ensure the Census Bureau is on track to make and
execute key decisions, deliver necessary IT systems, and manage
risks, by September 30, 2017 the Census Bureau shall provide
the Committee and GAO with:
--A list of all operations and IT systems,
functionality, or infrastructure still being considered
for the 2020 Census;
--A list of all operations and IT systems,
functionality, or infrastructure being considered for
the 2020 Census that will not be in the 2018 end-to-end
test, as well as the current estimates of when they
will be operationally tested, if at all;
--A list of all operations and IT systems,
functionality, or infrastructure where it is known that
what or how it is being tested in the 2018 end-to-end
test differs from what or how it will be used for the
2020 Census;
--Plans to manage and mitigate each ``red'' program-
level risk identified for either the 2020 Census or
Census Enterprise Data Collection and Processing
(CEDCaP) programs;
--A spend plan for the 2018 end-to-end test,
including quarter-by-quarter expected obligations; and
--An updated life-cycle cost estimate for the 2020
Census.
American Community Survey (ACS).--The Committee is very
concerned about the burdensome nature of the ACS and directs
Census to focus on its core, constitutionally mandated
decennial Census activities. The Bureau shall continue to
provide quarterly briefings to the Committee on efforts to
ensure the necessity of all the questions on the ACS; on
efforts to ensure that non-response follow-up is conducted in
the least intrusive manner; and on congressional outreach
conducted by the Respondent Advocate.
2020 Census lifecycle cost.--The Committee is concerned
that the Bureau's lifecycle cost estimate for the 2020 Census
did not reflect cost estimation best practices. The Committee
understands that no guidance or standard methodology was used
to account for risks in its cost estimate. The Committee also
understands that documentation of the assumptions in the
estimate is lacking.
The Committee further understands that the Census Bureau
does not believe the cost estimate provided in October 2015
reflects the current state of the program and that the Bureau
plans to submit an updated cost estimate. The Committee directs
the Bureau to submit this estimate expeditiously, as directed
earlier in this section, and to ensure that it is accurate.
CEDCaP.--The Committee supports the Bureau's efforts to
develop a more flexible, automated and secure enterprise
architecture that will enable Census to realize economies of
scale to support data collection efforts. The Bureau shall
continue to provide quarterly briefings regarding the status of
these efforts. Information in these briefings shall include,
but not be limited to, the current system's costs to maintain,
the surveys supported, FTE associated with those systems, and
the anticipated date that various IT systems will be retired
and data merged onto the larger enterprise architecture. Census
shall provide these reports concurrently to the OIG and GAO.
The recommendation also continues bill language withholding
50 percent of the funds for information technology related to
2020 census delivery, including the CEDCaP program, until the
Secretary submits to the Committees on Appropriations and the
GAO an expenditure plan for CEDCaP.
Language assistance and data on small population groups.--
The Committee is concerned about the availability of data on
small population groups and the availability of language
assistance for respondents to the Census surveys, including
those who speak Asian languages, Pacific Islander languages,
American Indian and Alaska Native languages, African languages,
Spanish, and other languages. The Committee awaits a report
directed in fiscal year 2017 identifying the languages spoken
by respondent populations most in need of language assistance,
along with the availability of interviewers and materials for
persons speaking these languages, and the steps the Bureau will
take to reach these respondents and otherwise ensure the
availability and accuracy of data for small population groups.
The Bureau is directed to communicate this information on a
regular basis to Census Telephone Centers and regional offices
to address emerging needs.
The Committee also directs Census to increase outreach
activities to historically undercounted communities, including
colonias.
Puerto Rico and U.S. territories.--The Committee strongly
urges the Census Bureau to include all citizens of the United
States, including those in Puerto Rico and other offshore
jurisdictions, in its estimates of U.S. resident population and
other national statistics.
The Committee also directs the Census Bureau to submit a
report, not later than 180 days after enactment of this Act, on
the feasibility of expanding all decennial Census surveys to
Guam, American Samoa, the Northern Mariana Islands, and the
U.S. Virgin Islands.
Data-linkage infrastructure.--The Committee strongly
supports the Census Bureau's commitment to strengthening its
data-linkage infrastructure to support high quality program
evaluation on issues of importance to Federal, State, and local
governments. The Committee encourages the Census Bureau to
forge partnerships with research institutions and philanthropic
organizations that can help develop and institutionalize more
efficient processes for researchers to access and analyze
linked data while protecting individual privacy.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The Committee recommends $30,000,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA), which is $2,000,000 below fiscal year
2017 and $6,000,000 below the request.
Domestic and International Policies................... $7,900,000
Spectrum Management................................... $7,100,000
Advanced Communications Research...................... $6,000,000
Broadband Programs.................................... $9,000,000
Rural Broadband.--The Committee directs NTIA to continue
coordinating with the Rural Utilities Service, the Federal
Communications Commission, and other related Federal agencies
to ensure that policies tied to one Federal program do not
undermine the objectives and functionality of another. The
Committee encourages NTIA to continue working with the rural
communications industry to identify and pursue ways to continue
broadband deployment and adoption.
Outcome-Based Measures.--The Committee directs NTIA to
include outcome-based goals and performance measures for its
broadband adoption and availability work in its performance
plan as soon as practicable.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends $3,500,000,000 for the United
States Patent and Trademark Office (PTO), the full amount of
fiscal year 2018 fee collections estimated by the Congressional
Budget Office. This estimate is $270,000,000 above fiscal year
2017 collection estimates. The recommendation continues
language making available any excess fee collections above the
estimated level and the amounts appropriated in this Act. PTO
shall provide monthly reports on its actual and projected fee
collections and performance. PTO shall also provide additional
operations reporting to the Committee on a quarterly basis,
including data on application volumes and staffing status.
Patent and Trademark Fee Reserve Fund.--The recommendation
includes bill language regarding excess fees deposited in the
Patent and Trademark Fee Reserve Fund. The Committee reminds
PTO that prior to obligating any of the funds in the Reserve
Fund during fiscal year 2018, PTO shall submit to the Committee
a reprogramming notification with a detailed spending plan
describing the intended uses of funds. The Committee expects
that any such reprogramming will describe how the expenditure
of these reserve funds will improve patent quality, reduce the
backlog of pending applications and appeals, improve the
information technology infrastructure, or otherwise improve the
efficiency and effectiveness of PTO.
Patents End-2-End (PE2E).--PTO shall continue to provide
quarterly reports to the Committee on the status of this
information technology project, including the proposed
retirement of legacy systems, cost savings associated with
those retirements, and any efficiencies achieved in patent
processing as a result of these investments.
Addressing management failures.--While the Committee is
encouraged by the PTO's response to the Office of the Inspector
General's (OIG's) report, ``Analysis of Patent Examiners' Time
and Attendance'', the Committee remains concerned about PTO
time and attendance abuses. The Committee expects to be kept
informed of PTO's efforts to address outstanding OIG, GAO and
National Academy of Public Administration (NAPA)
recommendations with quarterly reports.
Patent quality.--The Committee looks forward to receiving
the fiscal year 2017 required report on patent quality and
notes that the fiscal year 2016 report on patent quality has
yet to be submitted. Within 90 days of enactment of this Act,
PTO shall submit an updated report to the Committee on the
implementation of its patent quality initiative, steps taken to
improve patent quality in fiscal year 2017, and planned actions
for fiscal year 2018.
Intellectual Property Attaches.--The Committee supports the
important work of the Intellectual Property Attache Program.
National Institute of Standards and Technology
The Committee recommends $865,000,000 for NIST, which is
$87,000,000 below fiscal year 2017 and $140,000,000 above the
request.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $660,000,000 for NIST's scientific
and technical programs, which is $30,000,000 below fiscal year
2017 and $60,000,000 above the request.
Laboratory programs.--The recommendation includes
$599,000,000 for NIST Laboratory programs. The recommendation
does not adopt the proposed reductions for: Advanced Networks,
Connected Systems, and Data Science; Advanced Materials
Manufacturing; Semiconductor and Microelectronic Measurements;
Time and Fundamental Measurement Dissemination; Resilience and
Structural Engineering; Biological Science and Health
Measurements; Quantum Science; and User Facilities.
Corporate services.--The recommendation includes
$12,250,000 for corporate services.
Standards Coordination and Special Programs.--The
recommendation includes $48,750,000 for standards coordination
and special programs. The recommendation does not adopt the
proposed reduction to Office of Special Programs Management and
Program Coordination. Other requested reductions and
terminations are adopted, including those requested for Urban
Dome and Lab-to-Market.
Disaster resiliency.--As part of its efforts to improve the
resiliency of buildings, NIST's Engineering Division is
encouraged to partner with academic research institutions that
have expertise in mitigating the effects of natural disasters
to study and recommend best practices for resilient planning
and construction. The Committee also urges NIST to study
building standards and develop recommendations on how building
standards for buildings, homes, and infrastructure could be
improved (e.g. fortified structures and durability of
materials) to enhance resiliency.
Textile research.--The Committee recognizes the importance
of the U.S. textile industry and encourages NIST to pursue
advanced textile and apparel research and manufacturing
activities.
Football helmet safety.--The Committee is aware of
scientific data that demonstrates a correlation between
football-related collisions and concussions and 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 determine scientifically 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 to examine
advanced helmets and equipment and in developing new testing
standards to ensure player safety.
Internet of Things (IoT) security.--The Committee is aware
of the very real threat that vulnerabilities in IoT devices
pose for individuals, business and government alike. The
Committee encourages NIST to develop an IoT cybersecurity
research initiative and partner, as appropriate, with academic
entities and industry to address vulnerabilities of IoT
devices. The initiative should seek to improve the sustainable
security of IoT devices in consumer and industrial settings. It
should account for human, technical and economic dimensions.
The Committee also recognizes the importance of United
States leadership in addressing security concerns for users and
data within the IoT and commends NIST for its ongoing work in
this area. In conjunction with this and other ongoing efforts
related to cybersecurity, the Committee encourages NIST to
continue strengthening its cybersecurity measurement science
and standard-setting efforts related to the IoT, including, but
not limited to, industry-led best practices such as flexible
connection points and network segmentation.
Examining the 2013 NIST Cybersecurity Framework.--The
Committee is aware of concerns about the lack of data
supporting the effectiveness of the NIST Cybersecurity
Framework implemented by Executive Order 13636 in 2013. The
Committee supports the development of a model to evaluate the
effectiveness of the NIST Cybersecurity Framework, and believes
that such research could be used to identify cost-savings
generated by implementation of the framework and incentivize
businesses to voluntarily implement its recommendations.
Nano-structured metals.--The Committee is aware that the
use of nano-structured metals in manufacturing is being
explored with increasing frequency. The Committee is aware of
concerns that the current regulatory framework, focused on
process based standards, restricts the introduction of these
new materials even if they demonstrate significantly better
performance. Therefore, the Committee directs NIST to review
the American Society for Testing and Materials (ASTM)
Interlaboratory Study (ILS) Program and conduct a study as to
how the ASTM ILS Program could be used as a framework to
develop statistically rigorous performance standards for nano-
structured metals to be approved for use and report back to the
Committee by April 1, 2018.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $105,000,000 for Industrial
Technology Services, which is $48,000,000 below fiscal year
2017 and $84,000,000 above the request. This amount includes
$100,000,000 for the Manufacturing Extension Partnership (MEP)
and $5,000,000 for the National Network for Manufacturing
Innovation.
Program efficiencies.--The Committee is aware of efforts by
MEP to examine ways to reduce administrative costs and provide
more direct assistance to the centers. Accordingly, MEP shall
provide to the Committee an updated report within 60 days of
enactment of this Act detailing the amount of funds to be
maintained at headquarters and the uses of those funds. NIST
shall also provide the Committee with updates on the status of
recompetition of the centers.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommends $100,000,000 for NIST
construction, which is $9,000,000 below fiscal year 2017 and
$4,000,000 below the request. NIST shall continue to provide
updates on the projects funded within this account, to include
milestones and total amount of funding necessary for
completion.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $4,965,659,000 in
discretionary funds for the National Oceanic and Atmospheric
Administration (NOAA).
Information technology security.--The Committee is
concerned by the number of high-risk information technology
vulnerabilities at NOAA. NOAA shall, within 180 days of
enactment of this Act, report to the Committee on progress made
in retiring high-risk vulnerabilities and plans to continue to
improve information technology security. The Committee does not
adopt the proposed reduction to IT security.
NOAA Environmental Security Computing Center.--The
Committee supports the NOAA Environmental Security Computing
Center and expects it to be adequately funded within the
amounts provided.
Partnering with the private sector.--NOAA shall, to the
extent practicable, purchase services from the private sector
when such services are cost effective, reliable, and available.
Extramural research.--The Committee continues to believe
that NOAA benefits from collaboration with academia and the
private sector through cooperative institutes and competitive
research. These relationships build broad community engagement,
leverage external funding for mission-oriented research,
strengthen the science within NOAA, and advance scientific
knowledge.
Regional biosecurity plan for Micronesia and Hawaii.--The
Committee looks forward to receiving the report required in the
fiscal year 2017 appropriations Act, and requires an update on
the actions planned to be taken in fiscal year 2018.
Aquaculture.--Of the funds provided for aquaculture, the
Committee includes up to $5,000,000 to improve shellfish
survival and growth rates and to classify and preserve the
natural genetic variation of shellfish. This work may be
conducted in partnership with research institutes across the
United States.
Satellites.--Given the substantial cost to design, develop,
and launch satellites and continued reliance on the data they
gather, NOAA shall ensure that all future satellite programs
are maneuverable, and otherwise serviceable.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$3,411,699,000 under this account for the coastal, fisheries,
marine, weather, satellite, and other programs of NOAA. This
total funding level includes $3,240,199,000 in direct
appropriations, a transfer of $144,000,000 from balances in the
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'' account and $27,500,000 derived from
recoveries of prior year obligations. The direct appropriation
of $3,240,199,000 is $127,676,000 below fiscal year 2017 and
$274,650,000 above the request.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--The recommendation provides
$462,646,000 for National Ocean Service, operations, research,
and facilities.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning
Navigation, Observations and Positioning............ $145,446
Integrated Ocean Observing System Regional 31,000
Observations.......................................
Hydrographic Survey Priorities/Contracts............ 25,000
-----------------
Navigation, Observations and Positioning.............. 201,446
=================
Coastal Science and Assessment
Coastal Science, Assessment, Response and 70,000
Restoration........................................
Competitive External Research....................... 5,000
-----------------
Coastal Science and Assessment........................ 75,000
=================
Ocean and Coastal Management and Services
Coastal Zone Management and Services................ 39,600
Coastal Zone Management Grants...................... 45,000
Coral Reef Program.................................. 26,100
Sanctuaries and Marine Protected Areas.............. 52,000
National Estuarine Research Reserve System.......... 23,500
-----------------
Ocean and Coastal Management and Services............. 186,200
=================
Total, National Ocean Service, Operations, Research, $462,646
and Facilities.......................................
------------------------------------------------------------------------
Navigation, Observations and Positioning.--The
recommendation provides $201,446,000 for Navigation,
Observations and Positioning. Within this amount, the Committee
expects NOAA to prioritize its mission-critical
responsibilities including mapping and charting, geodesy,
tides, and current data activities. The Committee does not
adopt the proposed termination of the Regional Geospatial
Modeling Grant program or the proposed decrease for
Hydrographic Research and Technology Development.
Integrated Ocean Observing System (IOOS).--The
recommendation includes $31,000,000 for IOOS regional
observations. The Committee supports ongoing efforts to examine
ways to increase use of autonomous gliders, and encourages IOOS
to procure additional autonomous gliders.
Harmful Algal Blooms (HABs).--The Committee remains
concerned about the continued prevalence of HABs and the effect
of the related toxins. The Committee supports the ongoing work
of the National Centers for Coastal Ocean Science on HABs and
encourages NOAA to prioritize research that strives to
determine and mitigate the impact of HABs on human health and
wellbeing as authorized by the Harmful Algal Bloom and Hypoxia
Research and Control Act. The Committee encourages NOAA to
develop and leverage promising technologies to increase our
understanding, monitoring, and prediction of the occurrence of
HABs.
Sanctuaries.--NOAA shall seek to competitively award not
less than $3,500,000 for tele-presence technology to explore
and create maps of the deep-water regions of the National
Marine Sanctuaries. This research should seek to explore the
oceanography, marine habitats, cultural sites and living and
non-living marine resources of these sanctuaries to better
understand their biology, geology and potential cultural
resources.
National Estuarine Research Reserves System (NERRS).--The
Committee does not adopt the proposal to terminate the Federal
funding of the NERRS and funds it at the enacted level. The
NERRS is an important partnership between NOAA and the coastal
States that is crucial for protecting and studying estuarine
systems.
National Marine Fisheries Service (NMFS).--The Committee
recommends $848,025,000 for National Marine Fisheries Service
operations, research, and facilities. The Committee does not
adopt the proposed reductions to the National Catch Share
Program.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management
Marine Mammals, Sea Turtles and Other Species....... $108,500
Species Recovery Grants............................. 5,989
Atlantic Salmon..................................... 6,224
Pacific Salmon...................................... 63,000
-----------------
Protected Resources Science and Management............ 183,713
=================
Fisheries Science and Management
Fisheries and Ecosystem Science Programs and 141,323
Services...........................................
Fisheries Data Collections, Surveys and Assessments. 163,000
Observers and Training.............................. 43,655
Fisheries Management Programs and Services.......... 117,000
Aquaculture......................................... 8,000
Salmon Management Activities........................ 34,000
Regional Councils and Fisheries Commissions......... 34,000
Interjurisdictional Fisheries Grants................ 3,000
-----------------
Fisheries Science and Management...................... 543,978
=================
Enforcement........................................... 69,000
=================
Habitat Conservation and Restoration.................. 51,334
=================
Total, National Marine Fisheries Service, Operations, $848,025
Research, and Facilities.............................
------------------------------------------------------------------------
Protected Resources Science and Management.--The Committee
recommends $183,713,000 for Protected Resources Science and
Management programs. Within available resources, the Committee
encourages NOAA to maintain marine mammal stranding grants.
Hatchery and Genetic Management Plans.--Within the funds
provided for Pacific Salmon, $5,000,000 is included to
implement the Service's comprehensive plan to address the
backlog of Hatchery and Genetic Management Plans. The Committee
remains concerned by the existing and growing backlog of these
plans and encourages NOAA to continue contracting with the U.S.
Fish and Wildlife Service, State Agencies, Tribes, and the
Hatchery Scientific Review Group, as appropriate, to expedite
approval.
Stock assessments.--The Committee recognizes that NOAA
fisheries stock assessments are the cornerstone of fishery
conservation and management measurements, but the current stock
assessment data inputs must be improved. The Committee
continues to provide significant funding to NOAA for fishery
surveys and other activities in support of stock assessments,
yet problems persist with the frequency of surveys, adequacy of
the data, and the use of independent research in developing
stock assessments. NOAA shall continue to provide quarterly
briefings to the Committee on its stock assessment program, to
include, but not be limited to: its process for determining its
yearly data collection efforts; specific costs for each survey;
and protocols for ingesting fishery independent data.
Gulf of Mexico stock assessments.--The Committee commends
the Department and the Gulf States for, together, lengthening
the Red Snapper season for recreational anglers across the
Gulf. There is still, however, a need for improved data and a
long-term management plan for Red Snapper. Within the amount
provided for Fisheries Data Collections, Surveys and
Assessments, $10,000,000 is provided to continue to improve the
science and management of Red Snapper. This funding shall
support ongoing efforts and competitive awards to continue to
develop and implement agency-independent data, which shall be
incorporated into NOAA stock assessments as expeditiously as
possible. NMFS shall continue its effort to rebaseline and
restructure its stock assessment analysis and to include all
reef structures, both natural and artificial, in this effort.
NMFS shall also quantify the level of Gulf Red Snapper data
derived from artificial platforms and report back to the
Committee not later than 180 days after enactment of this Act.
Agency-independent data efforts may include data from academia
and fishermen, including fishery data collected on artificial
reefs, offshore oil platforms and other offshore fixed energy
exploration infrastructure. Not later than 180 days after the
enactment of this Act, NOAA shall report to the Committee on
its proposal for how this funding will be spent, and progress
made from reef fish funding provided in previous years. NMFS is
directed to continue to improve its communications with
stakeholders.
Cobia.--The Committee recognizes that Cobia is an important
recreational fishery and is concerned by the impacts on
communities of the Federal closure of the Atlantic Cobia
fishery. The Committee encourages NOAA to complete a stock
assessment of this fishery as soon as possible. The Committee
believes that stock data, assessment, and peer review workshops
should consider peer-reviewed research along with State-
provided catch data.
Fish Information Networks.--The Committee supports the Fish
Information Networks, the State-Federal cooperative programs
that coordinate data collection, data management, and
informational management essential for accurate monitoring of
commercial and recreational fishing impacts. Fish Information
Networks shall be adequately funded within the level of funding
provided for Fisheries Data, Collections, Surveys and
Assessments.
Southeast Area Monitoring and Assessment Program
(SEAMAP).--SEAMAP is designed to collect, manage, and
disseminate fishery-independent data in the southeastern U.S.
to better inform management decisions. The Committee supports
SEAMAP, and encourages NOAA to ensure it has adequate resources
to complete its mission.
Highly Migratory Species.--The Committee encourages NOAA to
competitively award studies of highly migratory fish species in
the Atlantic and Gulf of Mexico. These species could greatly
benefit from improved, science-based management and
conservation.
Horseshoe crabs.--The Committee remains concerned about the
inability to estimate the abundance of the Mid-Atlantic
horseshoe crab population. Adequate data is required to ensure
States 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 directs NMFS to continue working
to restore the horseshoe crab survey to generate the data
necessary to ensure that the horseshoe crab stock remains on a
sustainable path.
Salmon Management.--Within the amounts provided for Salmon
Management, $13,000,000 is available for the Pacific Salmon
Treaty.
Cooperative research.--The recommendation funds this
activity at the enacted level. Cooperative research shall be
used to support external, independent data collection and other
research. The Committee expects that all funding provided shall
be used for cooperative fisheries research and not for NOAA
activities or administrative overhead costs. NOAA shall submit
a report no later than 90 days after enactment of this Act
listing all cooperative research grants funded in fiscal year
2017, to include the amount, the fishery, the type of
information collected, and the expected uses for that data. The
Committee is concerned that cooperative research is not
ingested into fishery stock assessments in a timely manner. The
report shall address NOAA procedures and timeframes for making
use of this independent fisheries research.
Habitat Conservation and Restoration.--Within the amount
provided, NOAA is encouraged to provide funding to implement
the recommendations contained in the Endangered Species Act
Recovery Plan for Elkhorn and Staghorn Corals.
Oyster restoration.--The Committee encourages NOAA to
continue to work with competitively selected external partners
to research and assess alternative substrates for oyster
restoration. NOAA shall consider survivability as part of the
oyster restoration program planning in the Chesapeake Bay. The
Committee includes not less than $1,000,000 within Habitat
Conservation and Restoration to support native oyster
restoration in the Chesapeake Bay.
Partnerships.--The Committee encourages NOAA to continue
partnering with States for monitoring fisheries harvest and
research. NOAA's cooperative agreements with universities with
expertise in marine sciences, fisheries research and management
remain important to NOAA and Federal and State stock
assessments.
Tribal support.--The Committee encourages NOAA to support
mitigation and relocation efforts of coastal tribal communities
that are seeking to mitigate the threat of severe weather
storms and promote public safety.
Fishery Disaster Assistance.--The Committee recognizes the
severe economic hardships faced by rural fishing-dependent
communities affected by the closures of commercial,
recreational and Tribal fisheries due to unforeseen disasters.
Therefore, the Committee directs NOAA to work with affected
communities where an affirmative disaster determination has
been issued, but no funding has been distributed, to
expeditiously identify the extent of the economic impacts of
the economic damages associated with such disasters.
Oceanic and Atmospheric Research.--The Committee
recommendation includes $448,773,000 for Oceanic and
Atmospheric Research (OAR) operations, research, and
facilities. Given continued resource constraints, it is
incumbent on NOAA to ensure that its research programs support
the operational mission of each NOAA line office and that
research efforts are an integral component in meeting line
office program goals and milestones. The recommendation accepts
the proposed reductions for Climate Research, and includes
$13,500,000 for the National Integrated Drought Information
System (NIDIS) to support competitive research grants, maintain
existing NIDIS activities, and develop and expand the Regional
Drought Early Warning Information System.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............. $57,657
Regional Climate Data and Information............... 31,928
Climate Competitive Research, Sustained Observations 38,415
and Regional Information...........................
-----------------
Climate Research...................................... 128,000
=================
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............. 83,500
U.S. Weather Research Program....................... 7,485
Tornado Severe Storm Research/Phased Array Radar.... 12,622
Joint Technology Transfer Initiative................ 20,000
-----------------
Weather and Air Chemistry Research.................... 123,607
=================
Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes............. 28,059
National Sea Grant College Program.................. 63,000
Marine Aquaculture Program.......................... 7,000
Ocean Exploration and Research...................... 36,000
Integrated Ocean Acidification...................... 10,107
Sustained Ocean Observations and Monitoring......... 41,000
-----------------
Ocean, Coastal and Great Lakes Research............... 185,166
=================
High Performance Computing Initiatives................ 12,000
=================
Total, Office of Oceanic and Atmospheric Research, $448,773
Operations, Research, and Facilities.................
------------------------------------------------------------------------
Weather and Air Chemistry Research.--The Committee includes
$123,607,000, which is $9,849,000 above fiscal year 2017, for
Weather and Air Chemistry Research, for the purposes authorized
in the Weather Research Forecasting Innovation Act of 2017
(Public Law 115-25).
Joint Technology Transfer Initiative.--The recommendation
includes $20,000,000 to expand the Joint Technology Transfer
Initiative, as authorized in the Weather Research Forecasting
Innovation Act of 2017.
Severe weather studies.--The Southeastern United States
commonly experiences devastating tornadoes under variables and
conditions that differ considerably from conditions in other
areas. The Committee commends progress made during the VORTEX-
SE observing campaigns towards understanding the development of
severe storms and tornadoes in the Southeastern United States.
Given the success of this research, the Committee does not
adopt the proposal to terminate this project and continues to
fund it at the enacted level. OAR shall ensure this program
continues to be an observationally based research program
focused on high-impact weather events, including tornadoes and
land-falling hurricanes, that are experienced in the Gulf
States; includes research to better understand land-falling
hurricanes and tornadoes, and how environmental factors that
are characteristic of the Southeastern United States affect the
formation, intensity and storm path of tornadoes for this
region.
Cooperative Institutes.--The Committee is concerned that
the Gulf of Mexico is vulnerable to high impact severe weather
and encourages NOAA to, with the Cooperative Institutes,
research the impacts of severe weather and severe weather
system landfall on the land and coasts, particularly as it
relates to tornados and severe flooding. To continue to fulfill
NOAA's mission, NOAA should enhance its support of advanced
monitoring and predictive modeling to explore deep water issues
and their effect on the U.S. coastline. The Committee
encourages NOAA to expand the role Cooperative Institutes play
in fulfilling this role, and to consider how additional
Cooperative Institutes, or consortia partners, could strengthen
NOAA's ability to support this monitoring and modeling.
Labs and Cooperative Institutes.--The Committee supports
collaboration between NOAA and external academic institutions
that conduct scientific research for the conservation of corals
and coral reef ecosystems within U.S. waters. The Committee
recognizes that the science sponsored through such
collaboration is important for management of these coral reefs
and for the effective implementation of the National Coral Reef
Action Strategy, especially with regard to the identification
of local action strategies for addressing key threats in each
of the jurisdictions that have coral reefs within its
boundaries.
Autonomous Underwater Vehicles (AUVs).--The Committee
encourages NOAA to work with universities and the Department of
Defense to increase and leverage the capacity of AUVs. The
Committee does not adopt the proposed termination of the AUV
testbed and provides an additional $1,000,000 above the enacted
level for this purpose.
Ocean Exploration and Research.--The Committee recommends
$36,000,000 for Ocean Exploration and Research, of which the
Committee encourages NOAA to use $4,000,000 to partner with
non-government organizations, academic institutions, and other
government agencies including the National Science Foundation,
to fund ocean-going ships of exploration and support associated
science through peer-reviewed processes for ocean exploration
in unknown regions.
Integrated Ocean Acidification Research.--The Committee
encourages NOAA, in coordination with the Office of Science and
Technology Policy, to implement a program to competitively
award prizes under the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3719) to stimulate innovation to advance
the understanding, research, or monitoring of ocean
acidification or its impacts or to develop management or
adaptation options for responding to ocean acidification. In
prize competitions, the Committee encourages NOAA to prioritize
communities, environments, or industries that are currently in
distress due to the impacts of ocean acidification.
Lionfish.--The Committee encourages NOAA to award
competitive grants to address lionfish in the Atlantic Ocean
and Gulf of Mexico.
National Weather Service (NWS).--The Committee recommends
$973,000,000 for NWS operations, research, and facilities,
which is $36,944,000 above the request, to maintain critical
capabilities to provide weather forecasts and warnings.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations.......................................... $220,000
Central Processing.................................... 86,000
Analyze, Forecast and Support......................... 486,000
Dissemination......................................... 50,000
Science and Technology Integration.................... 131,000
=================
Total, National Weather Service, Operations, Research, $973,000
and Facilities.......................................
------------------------------------------------------------------------
Observations.--The recommendation includes $220,000,000 for
observation activities. The Committee does not adopt the
proposed reduction for the Tsunami Warning Centers, the Mesonet
program, or the Deep-ocean Assessment and Reporting of Tsunamis
(DART) buoys.
NEXRAD Coverage Report.--The Committee looks forward to
receiving the findings of the NEXRAD gap study, and subsequent
improvement plan, as required by the Committee in fiscal year
2017 and by the Weather Research and Forecasting Innovation Act
of 2017.
Analyze, Forecast, and Support.--The recommendation
includes $486,000,000 for analyze, forecast, and support
activities. The analyze, forecast, and support program funds
the operation of the Weather Forecast Offices, River Forecast
Centers, the National Centers and the two Tsunami Warning
Centers. The recommended level will support 24 7
weather surveillance, forecast and warning services, and
operation of the service centers. The Committee does not adopt
the proposed reduction of the Tsunami Warning Program.
Science and Technology Integration.--The recommendation
includes $131,000,000 for Science and Technology Integration
activities. The Committee does not accept the proposed
decreases for mid-range weather outlooks and numerical weather
prediction modeling.
National Environmental Satellite, Data and Information
Service (NESDIS).--The Committee recommends $236,749,000 for
NESDIS operations, research, and facilities. The recommendation
does not accept the proposed reduction to the regional centers.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems
Satellite and Product Operations.................... $131,480
NSOF operations..................................... 14,250
-----------------
Office of Satellite and Product Operations............ 145,730
=================
Product Development, Readiness and Application........ 31,000
=================
Commercial Remote Sensing Regulatory Affairs........ 1,800
Office of Space Commerce............................ 1,200
Group on Earth Observations......................... 500
-----------------
Environmental Satellite Observing Systems............. 180,230
=================
National Centers for Environmental Information........ 56,519
=================
Total, National Environmental Satellite, Data and $236,749
Information Service, Operations, Research, and
Facilities...........................................
------------------------------------------------------------------------
Office of Satellite and Product Operations.--The
recommendation includes $145,730,000 for the Office of
Satellite and Product Operations. This activity funds the
command and control of NOAA's operational satellites. This
recommendation includes the proposed operational phase
transfers for DSCOVR and Jason-3.
Commercial Remote Sensing Regulatory Affairs (CRSRA).--The
Committee expects timely compliance with Title II of the U.S.
Commercial Space Launch Competitiveness Act, Public Law 114-90,
as well as adherence to timeframes currently required under
statute and regulation. Additionally, the Committee expects
CRSRA to fulfill the policy goal of the 2003 U.S. Commercial
Remote Sensing Policy of maintaining the nation's leadership in
remote sensing space activities, by sustaining and enhancing
the U.S. remote sensing industry.
Mission Support.--The recommendation includes $227,660,000
for Mission Support operations, research, and facilities.
MISSION SUPPORT
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support
Executive Leadership................................ $27,000
Mission Services and Management..................... 117,605
IT Security......................................... 10,050
Payment to DOC Working Capital Fund................. 53,824
-----------------
Mission Support....................................... 208,479
=================
Office of Education
BWET Regional Programs.............................. 3,750
Education Partnership Program/Minority Serving 14,431
Institutions.......................................
NOAA Education Program Base......................... 1,000
-----------------
Office of Education................................... 19,181
=================
Total, Mission Support, Operations, Research and $227,660
Facilities...........................................
------------------------------------------------------------------------
Management and administrative costs.--The Committee notes
that in addition to Mission Services, each line office also
includes its own ``headquarters program support'' costs. NOAA
shall continue efforts to standardize the treatment of
management and administrative costs in each line office in a
manner that maximizes transparency and accountability, and
reduces or eliminates unnecessary non-mission costs.
Office of Education.--The Committee includes $19,181,000
for NOAA's Office of Education. Of this amount, $14,431,000 is
provided to continue the Educational Partnership Program with
Minority Serving Institutions, and $3,750,000 is provided to
continue the Bay-Watershed Education and Training (B-WET)
regional programs. Within the amounts provided for the
Education Program Base, $1,000,000 shall support all levels of
Science, Technology, Engineering and Mathematics (STEM)
education engaging a diverse set of students in ocean-going
expeditions with live interactive programming and telepresence
technology.
Office of Marine and Aviation Operations.--The
recommendation includes $214,846,000 for the Office of Marine
and Aviation Operations, operations, research and facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Marine and Aviation Operations
Marine Operations and Maintenance................... $180,614
Aviation Operations and Aircraft Services........... 34,232
=================
Total, Office of Marine and Aviation Operations....... $214,846
------------------------------------------------------------------------
Unmanned Surface Vehicles.-- The Committee supports the
cross-NOAA pilots and evaluations of the operational value of
unmanned surface vehicles to augment the NOAA observational
suite. The Committee provides $2,000,000 for NOAA to assess the
feasibility of operationalizing this technology through
competitive awards, and requires a report on the execution of
this feasibility and pilot study program not later than 180
days after the enactment of this Act.
Procurement, Acquisition and Construction
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$1,656,110,000 in direct obligations under this heading, of
which $1,643,110,000 is appropriated from the general fund and
$13,000,000 is derived from recoveries of prior year
obligations.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service
National Estuarine Research Reserve Construction.... $1,700
Marine Sanctuaries Construction..................... 2,000
-----------------
Total, National Ocean Service--PAC.................... 3,700
=================
Office of Oceanic and Atmospheric Research
Research Supercomputing/CCRI...................... 26,000
=================
National Weather Service
Observations...................................... 32,953
Central Processing................................ 66,761
Dissemination..................................... 34,619
-----------------
Subtotal, National Weather Service, Systems 134,333
Acquisition........................................
-----------------
Weather Forecast Office Construction.............. 8,650
-----------------
Total, National Weather Service--PAC.................. 142,983
=================
National Environmental Satellite, Data and Information
Service
GOES-R............................................ 518,532
Space Weather Follow-on........................... 8,545
Polar Follow-on................................... 50,000
Joint Polar Satellite System (JPSS)............... 775,777
CDARS............................................. 500
COSMIC 2/GNSS RO.................................. 6,100
Satellite Ground Services......................... 57,325
System Architecture and Advanced Planning......... 4,929
Projects, Planning, and Analysis.................. 39,391
Commercial Weather Data Pilot..................... 6,000
-----------------
Subtotal, NESDIS Systems Acquisition................ 1,467,099
-----------------
Satellite CDA Facility............................ 2,450
-----------------
Total, NESDIS-PAC..................................... 1,469,549
=================
Mission Support
NOAA Construction................................... 1,000
=================
Office of Marine and Aviation Operations
Fleet Capital Improvements and Technology Infusion.. 12,878
=================
Total, OMAO-PAC....................................... 12,878
=================
Total, Procurement, Acquisition, and Construction..... $1,656,110
------------------------------------------------------------------------
National Weather Service (NWS).--The recommendation
includes $142,983,000 for NWS procurement, acquisitions and
construction, $20,983,000 above the request. The funding
provided above the request supports the original Automated
Surface Observing System (ASOS) Service Life Extension Project
(SLEP) timeline, to be completed by 2024, and the original
NEXRAD SLEP timeline, to be completed by 2022.
NWS Facilities.--The recommendation includes $8,650,000, as
requested, to construct and provide for major repairs to
Forecast Offices and other government-owned weather facilities,
including Weather Forecast Offices, River Forecast Centers,
Weather Service Offices, National Centers and Tsunami Warning
Centers.
National Environmental Satellite, Data and Information
Service.--The recommendation includes $1,469,549,000 for NESDIS
procurement, acquisition and construction. The Committee
recommendation continues to focus its limited resources on the
Joint Polar Satellite System (JPSS) and Geostationary
Operational Environmental Satellite (GOES) programs, in light
of their role in ensuring accurate and timely weather forecasts
and warnings.
Quarterly Reports.--The Committee continues to be concerned
with the challenges with NOAA's satellite programs, identified
by the GAO, OIG, and the NESDIS Independent Review Team (IRT).
The Committee expects the Department of Commerce to ensure that
these critical programs are proceeding within the cost
estimates and meeting program milestones. The Committee expects
to be notified promptly if any issues arise that could
jeopardize the current launch schedules. The Department of
Commerce and NOAA shall remain engaged in the overall
management of JPSS, Polar Follow-On, and GOES. NOAA shall
continue to provide quarterly briefings to the Committee on all
NOAA satellite programs. These briefings shall include the
status of obligations for each program, including spacecraft,
launch, sensor, integration, and ground components, and
proposed changes to the fly out charts. NOAA shall also include
in these briefings updates on all of its operational satellite
systems.
Oversight.--The Committee reiterates its desire to ensure
that OIG and GAO staff are permitted at NOAA's monthly
satellites meetings. To further aid the Committee in its
oversight function, NOAA shall include biannual updates to the
Committee regarding the status of implementing OIG, GAO, and
IRT recommendations for NOAA's satellite programs.
Joint Polar Satellite System (JPSS).--The recommendation
includes $775,777,000 for JPSS, the requested amount.
Geostationary Operational Environmental Satellite-R (GOES-
R).--The recommendation includes $518,532,000 for the GOES-R
program, as requested. The Committee commends NOAA on the
successful launch of GOES-16 in November of 2016, which is
already providing crisper, cleaner imagery five times faster
than the previous GOES satellites, and will improve tornado
warning lead times.
Space Weather Follow-On.--The Committee notes the necessity
of having the Federal government develop and implement a
coherent space weather architecture and directs NOAA, in
cooperation with other Federal agencies, to refine the Space
Weather Follow-On concept and develop mission requirements for
a cost-effective capable space system.
Commercial satellite weather data.--The Committee is
pleased that NOAA proposes to continue the Commercial Weather
Data Pilot. The Committee provides $6,000,000 to ensure NOAA
has the resources necessary to thoroughly assess commercial
data opportunities. NOAA shall publish acceptance standards and
verification procedures for commercial data as soon as
practicable in each procurement process.
Polar Follow-On (PFO).--The request proposes a dramatic and
incipient re-plan of this program. Yet the request fails to
assess the purported new mission design's impacts on
constellation availability, or to provide an updated gap
analysis, or new annual or lifecycle cost estimates. In the
absence of these assessments and estimates, the Committee
recommends $50,000,000 for the Polar Follow-On program. The
Committee will reassess this funding level, should NOAA provide
a new program plan and schedule, to include constellation
availability assessments, gap analysis and updated annual and
lifecycle cost estimates.
PACIFIC COASTAL SALMON RECOVERY
The Committee recommends $65,000,000 for Pacific Coastal
Salmon Recovery, which is the same as fiscal year 2017. In
addition, the accompanying bill includes language that requires
all funds to be allocated based on scientific and merit
principles and prohibits the availability of funds for
marketing activities. Bill language is included requiring a 33
percent match for States.
FISHERMEN'S CONTINGENCY FUND
The Committee recommends $350,000 for the Fishermen's
Contingency Fund, which is the same as fiscal year 2017. This
Fund is available to compensate U.S. commercial fishermen for
damage or loss caused by obstructions related to oil and gas
exploration, and is derived from fees collected by the
Secretary of the Interior.
FISHERIES DISASTER ASSISTANCE
The bill provides $20,000,000 for Fisheries Disaster
Assistance to address fisheries disasters declared by the
Secretary of Commerce in 2017. This is $20,000,000 above both
the requested and the enacted level.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends language under this heading
limiting obligations of direct loans to $24,000,000 for
Individual Fishing Quota loans and $100,000,000 for traditional
direct loans.
Departmental Management
SALARIES AND EXPENSES
The Committee recommends $58,000,000 for Departmental
Management, and within this amount supports the proposed
increase for the Investigations and Threats Management
Division.
Cybersecurity.--The Secretary is directed to submit
quarterly reports to the Committee on the Department's
activities to improve its cybersecurity including updates on
addressing the Inspector General's cybersecurity concerns.
Modernizing Economic Statistics in Puerto Rico.--The
Committee urges the Department to continue its efforts to help
the government of Puerto Rico to modernize its economic
statistics programs, and directs the Department, through the
Bureau of Economic Analysis (BEA), to initiate efforts to
calculate gross domestic product (GDP) for Puerto Rico, just as
BEA currently does for every other U.S. jurisdiction. The
Committee additionally urges the Department to work toward the
inclusion of all U.S. territories--alongside the 50 states and
the District of Columbia--in BEA's national-level GDP
estimates, which will require the territory-level GDP data to
meet all of BEA's quality standards. The Department shall
report to the Committee on these efforts--both of which were
recommended by the Congressional Task Force on Economic Growth
in Puerto Rico--within 90 days of enactment of this Act.
Interstate Commerce.--The Committee has heard concerns
about the Electronic Export Information (EEI) requirement
located in 15 CFR Part 30, which mandates reporting for certain
goods shipped between the States and Puerto Rico and the U.S.
Virgin Islands. The Committee urges the Department to work in
coordination with the governments of Puerto Rico and the U.S.
Virgin Islands, as well as other Federal agencies and
stakeholders, to identify alternative data sources that provide
equivalent statistics on the shipments of goods among the
territories and the States to achieve the same statistical
objectives, while reducing the impact on commerce.
RENOVATION AND MODERNIZATION
The recommendation includes $1,000,000 for the Department's
cost of the Herbert C. Hoover Building renovation and
modernization which is $3,000,000 below fiscal year 2017 and
equal to the request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $32,744,000 for the Office of
Inspector General (OIG), which is equal to fiscal year 2017 and
$744,000 above the request. The recommendation also includes
transfers of $2,580,000 from the Census Bureau, $1,302,000 from
NOAA, and $2,000,000 from PTO for OIG oversight of those
activities.
The Committee expects the OIG to continue its oversight
work on cybersecurity, satellite procurements, telework, patent
quality, and the decennial census.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the following general provisions
for the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials designated by the
Secretary that such payments are considered to be in the public
interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for services,
and for uniforms and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires notification to the Committee of certain actions. The
Committee expects notifications for all capital asset disposals
with an initial purchase price greater than $2,000,000.
Section 104 extends congressional notification requirements
for NOAA satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of needed resources, with the consent
of those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain activities.
Section 109 authorizes NOAA to receive payments from other
entities to defray some costs of permitting and regulatory
activities.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The Committee recommends $89,000,000 for Department of
Justice, General Administration, Salaries and Expenses, which
is $25,124,000 below fiscal year 2017 and $25,000,000 below the
request.
Combatting the Opioid and Heroin Epidemic.--The Department
must give priority to stopping, investigating and detaining the
criminals who profit from human misery caused by the epidemic
in opioid and heroin abuse. This includes doctors who knowingly
overprescribe, as well as manufacturers and distributors whose
negligence or criminality contributes to this scourge. The bill
fully funds grants at the authorized level under the
Comprehensive Addiction and Recovery Act of 2016. The bill also
fully funds requested increases for Federal law enforcement to
address opioid trafficking including increases for Drug
Enforcement Administration operations and their diversion
control program, Organized Crime and Drug Enforcement Task
Forces to dismantle international drug cartels, and U.S.
Attorneys to focus additional resources on opioids trafficking
prosecutions.
Spending plans and status of balances.--The Committee
directs the Department to include with future congressional
budgets a breakout of alternative, non-appropriated funding
sources, as directed in the fiscal year 2017 Appropriations
Act, by prior, current and budget years; for, respectively,
actual, estimated, and requested amounts assumed in the
proposed budget; and identifying funding by agency, purpose,
and source of funding. In addition, annual spending plans
required pursuant to section 532 shall include the details on
non-appropriated funds as specified in the fiscal year 2017
Appropriations Act.
Gunshot detection technology.--The Committee is aware of
developments in gunshot detection technology and surveillance,
and encourages Federal law enforcement agencies and the Office
of Justice Programs to work with State and local agencies to
collect and analyze data from such systems to address gun
crimes.
Cyber-stalking and threat crimes.--The Committee is aware
of concerns regarding increased instances of severe harassment,
stalking, and threats transmitted in interstate commerce in
violation of Federal law. Such targeted attacks against
Internet users, particularly women, have resulted in the
release of personal information, forced individuals to flee
their homes, had a chilling effect on free expression, and
limited access to economic opportunity. The Committee strongly
urges the Department to intensify its efforts to combat this
destructive abuse and expects to see increased investigation
and prosecution of these crimes, and directs it to report
within 180 days of enactment on specific steps it is taking to
track, investigate, prosecute and ultimately reduce the
incidence of such crime, to include an analysis of the role of
the interstate telecommunications system in cybercrimes against
individuals.
Conferences.--The Committee understands that OMB Memorandum
M-12-12 called for agencies to reduce travel expenses 30
percent compared to the fiscal year 2010 level, and limit
conference spending. The Committee expects the Department to
minimize conferences and limit conference expenses to those
necessary to carry out the mission of the Department. The
Committee expects the Department to make conference location
decisions based on transparency, accountability and best value
in the use of appropriated funds.
Female genital mutilation.--The Committee expects the
Department to implement provisions of section 1088 of Public
Law 112-239, regarding female genital mutilation, and directs
it to report no later than 90 days after enactment of this Act
on the status of such implementation and resulting enforcement
actions.
Trafficking and transport of children.--The Committee
directs the Attorney General to ensure that all task forces and
working groups within the Innocence Lost National Initiative
take actions to enhance capabilities of State and local law
enforcement officers to detect, investigate and prosecute those
who patronize or solicit children for sex; and that all
Initiative-funded task forces and Department agencies increase
efforts to deter and punish child labor trafficking.
Identity theft.--The Committee remains concerned about the
adverse effects of identity theft and related crimes on
individuals, families, communities and our national economy,
and is concerned about the level of the Department's focus on
these crimes. The Committee therefore directs the Department to
undertake as soon as possible the strategic review on identity
theft and fraud, conducted in cooperation with the Federal
Trade Commission (FTC), as directed by the fiscal year 2017
Appropriations Act. In addition, the Committee directs the
Department, with the FTC, to compile a comprehensive, updated
report on identity theft and fraud issues, including the
threats prevalent today, and submit that report at the time it
submits its fiscal year 2019 budget request. The report should
also include information on the status of prosecutions,
hindrances to prosecuting cases, and any other relevant
information related to Internal Revenue Service impersonation
scams.
Third-party settlement payments.--The Committee understands
a multi-year congressional investigation revealed that in some
cases the former Administration required settling defendants to
donate money to third-party advocacy or activist groups. These
payments occur entirely outside of the congressional
appropriations and oversight process. Accordingly, section 540
prohibits the Department from entering into a civil settlement
agreement in which a defendant is required to make a donation
to a third-party that is not a victim of the defendant's
alleged unlawful activity. For the purposes of section 540, the
term ``donation'' shall not be construed to prohibit any
payment by a party to provide restitution for or otherwise
remedy the actual harm, directly and proximately caused by the
alleged conduct of the party, which is the basis for the
agreement. The prohibition does not bar payments, upon invoice,
to an organization or individual for services rendered to
redress, mitigate or otherwise remediate the actual harm
directly and proximately caused by a defendant's allegedly
unlawful conduct. The Committee applauds the policy change set
forth in the Attorney General's June 5, 2017 memorandum,
``Prohibition on Settlement Payments to Third Parties''.
Sole sourcing of equipment and scientific instruments.--The
Committee urges the Department to employ full and open
competition in any procurement or upgrade of law enforcement
equipment, to include scientific instruments and specialized
communication equipment.
Operation Choke Point.--The previous Administration's
Operation Choke Point was the subject of investigations by the
House Committees on the Judiciary, Financial Services, and
Oversight and Government Reform. The Committee understands and
appreciates that the current Administration has no plans to
continue Operation Choke Point. The Committee supports this
decision and encourages the Department to work with relevant
Federal regulators to issue a clear and public statement
regarding current policy on issues surrounding Operation Choke
Point.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $30,941,000 for Justice
Information Sharing Technology, which is $59,000 below fiscal
year 2017 and the same as the request. The Committee supports
the Department's efforts to enhance its cybersecurity, and has
therefore continued to include bill language providing the
Department discretion and flexibility to transfer available
Departmental funds to meet needs for IT transformation and
cybersecurity, subject to the reprogramming procedures included
in this Act.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $504,500,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is
from immigration examination fees. The recommendation is
$64,500,000 above fiscal year 2017 and $4,093,000 above the
request. The recommendation will support a total of 449
Immigration Judge (IJ) teams, 65 more than funded in fiscal
year 2017, which provided for 10 additional IJ teams. Funding
is provided above the request to annualize costs associated
with the new teams funded in fiscal year 2017 and continue
enhancements provided in fiscal year 2017 for information
technology and facilities. The recommendation sustains the
current legal orientation program and related assistance, such
as the information desk pilot. The recommendation does not
include any funding to establish or fund a legal representation
program.
EOIR performance.--For several years, the Committee has
been concerned with the slow pace of hiring and onboarding
Immigration Judges and the unacceptable amount of time it takes
to resolve immigration cases. The Committee understands that
the Department is working to accelerate the hiring process and
is deploying additional resources to those areas with the
highest workload such as the Southwest Border. The Committee
directs this continue and that the Department coordinate with
the Department of Homeland Security (DHS) to develop metrics,
practices, and pilot programs to institute rapid court
proceedings at holding facilities along the Southwest Border
where individuals are detained for immigration violations to
ensure their court appearance. The Committee continues its
direction from fiscal year 2017 that the Department should
establish a goal that the median days pending of detained cases
be no longer than 60 days and the median length for non-
detained cases be no longer than 365 days. The Committee
directs EOIR to continue to provide monthly reports on
performance, IJ hiring and visa overstays as specified in the
fiscal year 2017 Appropriations Act.
Bond-setting process.--In fiscal year 2017, the Committee
required EOIR to report how immigration judges use ability to
pay criteria in determining the amounts of bonds, and the
process for appealing such bond decisions. The Committee looks
forward to the timely submission of this report to better
understand the policy and practices of immigration courts in
setting detainee bonds.
Court space.--The Committee continues to be concerned that
EOIR is not using all available EOIR or DHS space. The
Committee looks forward to the timely submission of the report
required by the fiscal year 2017 Appropriations Act outlining
the utilization of existing EOIR and DHS space and its plans to
secure additional space to accommodate additional IJ teams and
the assignment of IJ teams to the locations with the most
caseload.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $95,583,000 for the Office of
Inspector General (OIG), which is the same as fiscal year 2017
and $255,000 above the request.
Profiling.--The Committee continues to hear concerns that
Asian Americans and Pacific Islanders have been profiled by
Department of Justice investigators and prosecutors on the
basis of race and national origin, including in espionage and
trade secret cases. The Committee expects OIG to assess whether
there exists a pattern or practice of using race, national
origin, and other civil rights classifications to target
Federal employees and other Americans; report on any
allegations of civil rights or civil liberties violations
committed by Department employees in its semiannual reports to
Congress as required by Section 1001 of the USA PATRIOT Act
(Public Law 107-56); and if such patterns or practices are
found to exist, to describe steps the Department has taken to
address them.
Controlled substances.--The Committee directs OIG to report
not later than 90 days after enactment of this Act on the
implementation of GAO recommendations from its May 2015 report,
Controlled Substances: DEA Needs to Better Manage Its Quota
Process and Improve Coordination with FDA (GAO-15-494T);
specifically the recommendations to: establish controls,
including periodic data checks, to ensure that the Year-End
Reporting and Quota Management System (YERS/QMS) data
accurately reflect both manufacturers' quota submissions and
DEA's decisions; establish performance measures related to
quotas; and establish better ways to monitor and analyze YERS/
QMS data to assess DEA's administration of the quota process.
United States Parole Commission
SALARIES AND EXPENSES
The Committee recommends $13,000,000 for the United States
Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends $897,500,000 for General Legal
Activities, which is the same as fiscal year 2017. The
Committee supports the important work of INTERPOL Washington.
Human trafficking.--The Civil Rights Division shall
prioritize funding for the Human Trafficking Prosecution Unit
and the Department's Anti-Trafficking Coordination Teams to
investigate and prosecute human traffickers. The Committee
directs the Department to work with victim service providers
and non-governmental organizations assisting trafficking
victims in the United States.
Deinstitutionalization.--The Committee notes the nationwide
trends towards deinstitutionalization of patients with
intellectual or developmental disabilities in favor of
community-based settings. The Committee also notes that in
Olmstead v. L.C. (1999), a majority of the Supreme Court held
that the Americans with Disabilities Act does not condone or
require removing individuals from institutional settings when
they are unable to handle or benefit from a community-based
setting, and that Federal law does not require the imposition
of community-based treatment on patients who do not desire it.
The Committee notes that the Department of Health and Human
Services Appropriations Act, 2017 requires notification of
affected individuals of their legal rights in this regard.
Civil Rights Division, Voting Section.--The Committee looks
forward to receiving the report required in the fiscal year
2017 appropriations Act about Section 203 cases investigated in
fiscal year 2017. When the fiscal year 2019 budget request is
submitted, the Department of Justice shall submit to the
Committee the following information about section 203 cases
investigated in fiscal year 2018, including: the number of
cases, broken out by languages included; the number of such
investigations opened and the number closed, by reason closed
(e.g. not enough evidence of non-compliance; no evidence of
non-compliance); the average number of investigations per
attorney and the average length per investigation.
VACCINE INJURY COMPENSATION TRUST FUND
The recommendation includes $10,000,000 as a reimbursement
from the Vaccine Injury Compensation Trust Fund for costs of
litigating cases under the National Childhood Vaccine Injury
Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommends $163,980,000 for salaries and
expenses of the Antitrust Division. The recommended funding
level is offset by $126,000,000 in estimated fee collections
for a net direct appropriation of $37,980,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The Committee recommends $2,057,252,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, which is $22,252,000 above fiscal year 2017
and the same as the request. Within this amount the Department
is expected to support enhanced efforts to address drug
trafficking, cybercrime and human trafficking. The Committee
recommendation includes $1,527,297,000 for criminal litigation;
$503,388,000 for civil litigation; and $26,567,000 for legal
education. The recommendation fully funds the requested
enhancements for immigration enforcement, and for additional
prosecutors to target violent crime and gang activity.
Human trafficking.--The recommendation continues bill
language requiring that each U.S. Attorney participate in human
trafficking task forces, and the Department shall continue to
submit semiannual reports on the performance of these task
forces.
Prosecuting immigration crime.--The Committee welcomes the
Department's adoption of a strong immigration criminal
enforcement policy, as set forth in the Attorney General's
April 11, 2017, memorandum to Federal prosecutors. Such
measures are essential to deter illegal entry, in particular by
forcefully sanctioning the criminal activity associated with
illegal immigration, alien smuggling and trafficking. The
Committee looks forward to seeing real results from this
approach, and therefore directs the Department to report not
later than 90 days after the date of enactment of this Act on
(1) prosecuting statistics, by District, to include the number
and type of charging actions being used, as well as associated
sentences imposed; and (2) the status of designating Border
Security Coordinators and the impact Coordinators are having.
Prescription drug abuse.--The growing, nationwide crisis of
prescription drug abuse has led to rising fatalities, and
addressing this issue remains a core Federal law enforcement
mission. The Committee expects U.S. Attorneys to prioritize
investigating and prosecuting criminals who profit from
trafficking, to include pain clinics that serve as fronts for
the illegal distribution of addictive painkillers and doctors
who intentionally overprescribe them.
Intellectual Property Rights (IPR) enforcement.--The
Committee expects the Department to continue to make IPR
enforcement an investigative and prosecutorial priority for
Federal prosecutors, to include thwarting a new wave of digital
copyright piracy.
Trafficking and money laundering enforcement.--The
Committee expects the Department to continue to make drug
trafficking and money laundering enforcement an investigative
and prosecutorial priority for Federal prosecutors.
UNITED STATES TRUSTEE SYSTEM FUND
The Committee recommends $225,000,000 for the United States
Trustee Program. The recommended funding is offset by
$135,000,000 in estimated fee collections for a net direct
appropriation of $90,000,000.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $2,374,000 for the Foreign Claims
Settlement Commission, which is equal to the current level and
$35,000 below the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $270,000,000, which is the same as
fiscal year 2017 and the request, for fees and expenses of
witnesses who appear on behalf of the Government in cases in
which the United States is a party. This appropriation is
considered mandatory for scorekeeping purposes.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The Committee funds the Community Relations Service at
$15,000,000. The recommendation supports funding for the Emmett
Till Unsolved Civil Rights Crime Act.
ASSETS FORFEITURE FUND
The Committee recommends $20,514,000 for expenses
authorized by subparagraphs (B), (F), and (G) of section
524(c)(1) of title 28, United States Code. This amount is same
as the fiscal year 2017 and $961,000 below the budget request.
Section 523 rescinds $304,000,000 from the Assets
Forfeiture Fund (Fund), as proposed in the budget request. The
Department reports that Fund balances will be sufficient to
allow the Department to rescind $304,000,000 with no delays in
equitable sharing payments. The Committee directs the
Department to refrain from suspending or delaying equitable
sharing payments in fiscal year 2018.
Section 532 of the bill requires the Department to submit a
spending plan for fiscal year 2018. The Committee directs the
Department to include in this plan proposed spending from the
Fund, to include estimates of: fund balances; equitable sharing
payments; Joint Law Enforcement Operations obligations; and
obligations by component.
United States Marshals Service
SALARIES AND EXPENSES
The Committee recommends $1,255,000,000 for the salaries
and expenses of the United States Marshals Service (USMS),
which is $5,960,000 above fiscal year 2017 and $3,000,000 above
the request. The recommendation fully funds the proposed
enhancements for life and safety equipment for Deputy U.S.
Marshals, additional Deputy U.S. Marshals to support enhanced
border security and immigration enforcement, and to support the
violent crime and gang initiatives. The Committee expects the
USMS to continue and strengthen its fugitive apprehension
support aircraft program.
In addition, within recommended funding the Committee
sustains $7,900,000 for the USMS to vet and provide
notification of sex offenders traveling abroad, to include not
less than $2,000,000 for the USMS Targeting Center to provide a
network for States to furnish the Center comprehensive data on
all registered sex offenders, address information gaps
exploited by sex offenders traveling internationally, and
afford local law enforcement officials real-time coordination
to monitor sex offenders.
The Committee has provided separate funding recommendations
by decision unit as follows:
Judicial and Courthouse Security...................... $428,990,000
Fugitive Apprehension................................. 482,423,000
Prisoner Security and Transportation.................. 232,121,000
Protection of Witnesses............................... 55,539,000
Tactical Operations................................... 55,927,000
-----------------
Total, Salaries and Expenses...................... $1,255,000,000
CONSTRUCTION
The Committee recommends $10,000,000, which is the same as
fiscal year 2017, for construction and related expenses in
space controlled, occupied or used by USMS for prisoner holding
and related support.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $1,536,000,000 for Federal
Prisoner Detention, which is $81,586,000 above fiscal year 2017
and the same as the request. The increase in funding is
required to ensure the USMS can fully support anticipated
housing, medical, and transportation cost increases of the USMS
detainee population. With increased resources being dedicated
to immigration violations and violent crimes, the detainee
population is anticipated to increase.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $100,000,000 for the National
Security Division (NSD), which is $4,000,000 above fiscal year
2017. This amount will help NSD address its growing national
security and counterterrorism workload, including its Foreign
Intelligence Surveillance Act responsibilities.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The Committee recommends $526,000,000 for Interagency Crime
and Drug Enforcement, which is $9,000,000 above fiscal year
2017 and the same as the request. Funds are included under this
heading to support interagency Organized Crime Drug Enforcement
Task Forces (OCDETF), which target high-level drug trafficking
organizations through coordinated, multi-jurisdictional
investigations.
Decision unit subtotals.--The recommendation includes
$364,685,000 for investigations and $161,315,000 for
prosecutions. The Committee expects OCDETF to enhance its
investigative, intelligence and prosecutorial efforts through
OCDETF-led activities, including the OCDETF Fusion Center,
OCDETF Co-located Strike Forces and the International Organized
Crime Intelligence and Operations Center, and direct
collaboration with State and local law enforcement, United
States Attorneys' offices and the Criminal Division. The
Committee expects OCDETF to focus additional resources on
combatting opioid trafficking organizations.
Full-Time Equivalents (FTE).--The Committee directs the
Department to submit with its fiscal year 2019 budget request
an updated report on FTE devoted to OCDETF cases at the level
of detail provided in its September 9, 2015, report to the
Committee. The report should include actual and projected
investigative and prosecutorial FTE devoted to OCDETF cases for
fiscal years 2017-2019, broken out by agency and funding
source.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The Committee recommends $8,814,747,000 for the salaries
and expenses account of the Federal Bureau of Investigation
(FBI), which is $47,546,000 above fiscal year 2017 and
$92,165,000 above the request. The increase reflects funding
necessary to carry out FBI's critical missions to counter
terrorism, protect national security, and meet cyber threats.
These include supporting work on the Next Generation Cyber
program, IT Infrastructure, training and new technology
challenges; confronting threats from foreign intelligence and
insiders; addressing capacity constraints in data sharing that
have impacts on the FBI's ability to timely share vast
quantities of forensic and other data; helping the FBI stop
computer intrusions, investigate cybercrime, and improve
cybersecurity; and ensuring it can carry out its render safe
mission.
The Committee recommendation is also intended to help
ensure the FBI can meet the growing challenge from both home-
grown and ``foreign fighters'' and sustain growing workload for
field operations, to include the need for physical
surveillance. The Committee recommendation includes funding to
enhance operational and information technology resources to
address transnational organized crime.
Finally, the recommendation supports the programs of the
Criminal Justice Information Services Division, including but
not limited to the Biometric Technology Center, Next Generation
Identification, the National Crime Information Center, and the
National Instant Criminal Background Check System.
The Committee directs the FBI to allocate its agent and
support staff based on unique threats and workload of each of
the FBI's field offices to ensure that resources are
effectively deployed to address the agency's highest
priorities.
The Committee has provided separate funding recommendations
by decision unit as follows:
Intelligence.......................................... $1,699,000,000
Counterintelligence and National Security............. 3,565,000,000
Criminal Enterprise and Federal Crimes................ 3,019,000,000
Criminal Justice Services............................. 531,747,000
-----------------
Total, Salaries and Expenses...................... $8,814,747,000
Human trafficking investigations.--The additional resources
in the bill will help the FBI combat sex trafficking and forced
labor, to include boosting criminal investigations and working
with victims of such crimes. The Committee supports FBI
engagement with victim service providers on victim referrals
and assistance, and with the Department of Homeland Security;
improvements in FBI agent training in the identification of
human trafficking; and the use of evidence-based approaches to
improve human trafficking victim services and outcomes. The
Committee strongly supports FBI leadership in its Innocence
Lost initiative, to include Operation Cross Country, which has
helped recover underage trafficking victims and led to hundreds
of trafficker arrests. The Committee expects the FBI to
identify potential victims of human sex trafficking and forced
labor early in any FBI or FBI-led investigations, to provide
informational materials and victim assistance referral as
quickly as possible, and to improve its use of forensic
interviews of victims. The FBI shall submit as soon as possible
the report on Operation Cross Country required by the fiscal
year 2017 Appropriations Act.
Aviation modernization.--The Committee directs the FBI to
provide as soon as possible the briefing on its aviation
modernization program required by the fiscal year 2017
Appropriations Act.
Integrated medical support for tactical operations.--The
Committee understands that FBI tactical teams operating under
the Critical Incident Response Group need to follow best
practices for medical care, evacuation, training and
contingency planning. The Committee directs the FBI to report
not later than 90 days after enactment of this Act on whether
it might benefit from possible collaboration with public
academic medical centers. This report should also address ways
in which such potential collaboration could both enhance FBI
operations and develop best practices that could be shared with
other Federal, State and local law enforcement agencies.
Fingerprinting technology.--The Committee encourages the
FBI to complete its process for inclusion of contactless
fingerprint technology in the FBI Certified Products List for
enrollment in the Criminal Justice Information Services
database.
National Domestic Communications Assistance Center
(NDCAC).--The Committee supports continued funding for the
NDCAC. The NDCAC is a hub for technical knowledge management,
facilitating the sharing of solutions and know-how among law
enforcement agencies, and strengthening law enforcement's
relationships with the communications industry.
Intellectual property rights (IPR) enforcement.--The
Committee is aware that sophisticated, often transnational,
criminal enterprises engage in a range of illegal activity
connected to the theft of copyrighted content, and that
computers can be infected by malware transmitted to consumers
from content theft sites. Such malware in turn can result in
theft of bank and credit card information, identity theft, and
ransom activities. The Committee expects the FBI to prioritize
the investigation of IPR cases, and coordinate with IPR units
at the U.S. Attorneys and the Criminal Division. In addition,
the FBI shall report not later than 120 days after enactment of
this Act on its IPR investigation activities, particularly in
the area of creative content theft.
Gang activity.--The Committee remains concerned about the
rise in gang activity across the country. According to the
National Gang Center, between 1996 and 2003, the nation saw a
roughly 35 percent decrease in the overall number of gangs. But
between 2003 and 2012, the date of the most recent statistics
from the NGC, those successes had been completely lost. Certain
transnational criminal organizations, including Mara
Salvatrucha, or MS-13, have been resurgent in recent years
after a brief lull in criminal activity, and have expanded
operations in various areas in the country ranging from
California to Georgia, and from Virginia to New York. The
Committee has funded fully the Administration's requests to
address violent crime, gangs, and transnational criminal
organizations, to include funding a new violent and gun-related
crime reduction task force and 230 new violent crime
prosecutors. The Committee directs the FBI to continue to
expand its task force activity, as well as its partnerships
with State, local, and tribal law enforcement organizations, in
order to undermine these organizations and reverse the criminal
trends associated with their resurgence.
Canine detection assets.--The Committee recognizes that the
FBI has made substantial investments in deterring, detecting,
and defeating terrorist or state-sponsored WMD threats in the
U.S. The Committee has noted recent FBI and academic research
that canine detection assets can assist in locating certain
chemical and biological agents with greater mobility and
accuracy than some currently deployed devices. The Committee
supports further exploration of this unique capability.
CONSTRUCTION
The Committee recommends $51,895,000, as requested, for the
construction of FBI facilities and related activities. Funding
in this account will facilitate and expedite work on current
design and construction projects at Quantico, and secure work
environment (SWE) building and modifications.
Drug Enforcement Administration
SALARIES AND EXPENSES
The Committee recommends total budget authority of
$2,583,625,000 for Drug Enforcement Administration (DEA)
salaries and expenses, of which $419,574,000 is derived from
fees deposited in the Diversion Control Fund, and
$2,164,051,000 is provided by direct appropriation. The
recommended appropriation is $61,075,000 above fiscal year 2017
and equal to the request.
The Committee has provided separate funding recommendations
by decision unit for salaries and expenses as follows:
International Enforcement............................. $470,514,000
Domestic Enforcement.................................. 1,689,922,000
State and Local Assistance............................ 3,615,000
-----------------
Total, Salaries and Expenses...................... $2,164,051,000
Diversion control.--The recommendation includes
$419,574,000 for the regulatory and enforcement activities of
DEA's Diversion Control Program. The Diversion Control Program
is funded by fee collections. The recommendation provides a
$36,912,000 increase to enhance diversion control programs.
This funding will support additional diversion investigators
and tactical diversion squads; increase the number of drug take
back efforts; expand training and outreach with partners and
enhance enforcement and analysis of new synthetic substances.
It will also create a pilot program to hire 10 new Special
Assistant U.S. Attorneys to provide criminal and civil
diversion prosecutorial support in ``hot spots'' across the
country that experience the most significant opioid drug
threats.
Methamphetamine lab cleanup.--The funding recommendation
for Community Oriented Policing Services includes $11,000,000
for transfer to DEA to assist State, local and tribal law
enforcement agencies with the removal and disposal of hazardous
materials at methamphetamine labs, including funds for
training, technical assistance, purchase of equipment and a
container program.
Prescription drug and heroin abuse.--The Committee
continues to regard with deep concern the rising harm of
prescription drug abuse, and crisis levels of heroin abuse and
overdoses. DEA reported in its 2016 National Drug Threat
Assessment that drug poisoning deaths are at their highest ever
recorded level, and since 2009 annual deaths from drugs have
outnumbered deaths by firearms, vehicle crashes, suicide, and
homicide. The report also notes the continuing rise in
smuggling across the borders and the continued role of
international, especially Mexican, trafficking cartels in
moving heroin and other drugs into U.S. communities, as well as
the growing flow of fentanyl from China and Mexico. The
Committee directs DEA to brief the Committee no later than 90
days after enactment of this Act on the number of heroin and
prescription drug diversion investigations for fiscal years
2016 and 2017, and estimated for fiscal year 2018; the amounts
and street value of drugs associated with such investigations;
and prosecutions resulting from investigations. The Committee
also encourages DEA to work with partner agencies, to include
the Department of Health and Human Services, on outcome
measures of success, such as reduction in the incidence and
severity of abuse, which reflect the impact of multi-agency
efforts. The recommendation includes requested funding
increases of $15,000,000 in salaries and expenses for
enhancement of heroin enforcement and investigations of
transnational organized drug criminals, and $36,912,000 in
Diversion Control for additional diversion enforcement,
training, and prosecutors.
Aviation program.--The DEA Aviation Division supports drug
interdiction and eradication efforts with Intelligence,
Surveillance, and Reconnaissance purposed aircraft, as well as
fugitive and cargo transport aircraft. The Committee
understands that more than a third of the Division's fleet is
over 25 years old, far beyond the industry standard. As a
result, the Division has experienced unplanned maintenance
costs, and reduced reliability and availability. DEA shall make
aviation modernization a priority, and is directed to report
not later than 90 days after enactment of this Act on the
current status of its aviation fleet, including maintenance
costs and performance statistics; and current plans for fleet
modernization and upgrades, to include aircraft and equipment.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The Committee recommends $1,293,776,000 for the salaries
and expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), which is $35,176,000 above fiscal year 2017
and $20,000,000 above the request. ATF's highest priority shall
be to combat violent crime and promote public safety.
The recommendation maintains current services, and fully
funds the requested increases for violent crime reduction task
forces and the National Integrated Ballistic Information
Network (NIBIN). An increase of not less than $10,000,000 above
the request is for the activities of the National Firearms Act
(NFA) Branch, Federal Firearms Licensing Center, Federal
Explosives Licensing Center, Import Branch, and to develop and
implement ATF's next generation eForms system.
Investigative Support Services.--The Committee is concerned
about the ongoing backlog in processing firearms licensing
applications within the 60 day timeframe as mandated under
current statute. In addition, there is a need for additional
resources to meet ongoing associated infrastructure
requirements and improve the processing of import applications.
The Committee is also concerned about ATF's failure to
prioritize improvement of eForms. This electronic filing
process was created by ATF to reduce submission and processing
times, as well as data entry processing backlogs.
Unfortunately, despite the Committee's encouragement to pursue
improvements, the system remains antiquated and lacks the kind
of innovation and user-friendly features expected. The
Committee expects this increase in funding will provide
additional resources focused on the aforementioned priorities,
and directs ATF to report to the Committee in the expenditure
plan required by this Act on how these funds will be allocated.
NIBIN.--The Committee is encouraged by the promise of
improved crime gun intelligence and information sharing, and
expects funding provided in this bill will aid in interdicting
crime guns and preventing gun trafficking through the NIBIN.
The Committee encourages ATF to establish a NIBIN presence on
the Southwest Border.
Counter-improvised explosives devices.--The Committee
supports the work of the National Center for Explosives
Training and Research on countering advanced improvised
explosive devices.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $7,070,248,000 for salaries and
expenses of the Bureau of Prisons (BOP), which is $61,448,000
above fiscal year 2017.
Contract confinement.--The Committee views contract
confinement as an effective tool to BOP meet low security
facility requirements to alleviate overcrowding. The Committee
is concerned that the Bureau remains crowded in its medium and
high security institutions. Additionally, the Committee is
concerned that the Bureau continues to house low security
inmates in more costly environments where cost savings could be
realized by using available contract detention capacity. The
Committee supports the policy set forth in the Attorney
General's February 21, 2017, memorandum on the use of private
prisons, which acknowledged the importance of contract
correctional facilities to meet the future needs of the Federal
correctional system. The fiscal year 2017 Appropriations Act
requires BOP to review the current classification of all
inmates in their system and submit to the Committee a capacity
realignment plan to ensure that inmates with lower security
classifications (both U.S. citizens and criminal aliens) are in
the most cost-effective facilities. The Committee looks forward
to the timely submission of this realignment plan.
Medication assisted treatment.--The Committee encourages
BOP to make abstinence-based relapse prevention treatment
options available to inmates with a history of opioid
dependence.
Personal firearms.--The Committee recognizes the Bureau's
responsibility to control the use of firearms on BOP
facilities. At the same time, it understands that BOP does not
have a policy that would ensure officers who are legally
authorized to carry a concealed firearm for self-protection can
have an on-site, secure gun locker, or alternatively, lock
weapons securely in their personal vehicles. The Committee
encourages the Bureau to review this issue and implement a
policy that enables officers to secure their personal firearms
while on duty in a fashion that preserves security on Bureau
sites but also facilitates officers' legal right to keep and
bear arms.
HIV policy implementation.--The Committee directs BOP,
within 90 days of enactment of this Act, to submit a report
that details its current policy for providing comprehensive HIV
testing, treatment, and prevention for inmates within the
Federal prison system, and an assessment of how it is
implementing that policy, to include providing for transition
of care for HIV/AIDS positive individuals leaving the Federal
prison system.
Mental health.--The Committee recognizes the vastly
disproportionate rate of mental and behavioral health needs
among the Federal prisoner population and BOP's responsibility
to provide constitutionally adequate care. The Committee
supports BOP's effort to implement its policies providing for
such care and urges BOP to increase human and financial
resources dedicated to mental and behavioral health programs
and services and to report to the Committee not later than 90
days after enactment of this Act on how these resources were
deployed in fiscal year 2017.
Educational programs.--The Committee supports the
Department's coordination and collaboration with Historically
Black Colleges and Universities to provide educational programs
for recently released and soon to be released criminal
offenders to assist them in obtaining skills that will help
them successfully transition back into their communities and
reduce recidivism rates.
Augmentation.--Overcrowding remains a serious threat to
officer safety, particularly at high and medium security
facilities. To meet staffing needs, the BOP has used 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 utilize full-time
correctional staff where possible before augmenting with other
existing staff. BOP is further directed to submit quarterly
reports to the Committee on the inmate-to-correctional officer
ratios at each facility.
Contraband communication devices.--The Committee remains
concerned about the rising use of contraband cellular phones
and devices in BOP or BOP-contracted facilities. BOP must
ensure that incarcerated individuals, who use these illicit
devices, will no longer have access to the networks and
spectrum to direct activities in or beyond the prison. The
Committee directs the BOP to act upon the recommendations of
its 2016 report on this subject and to take steps to thwart
illegal inmate telecommunications and help protect officers and
the public, while not interfering with the rights of law-
abiding citizens to use the public airwaves.
Re-entry performance reporting.--The Committee understands
the difficulty and complexity of tracking inmates who re-offend
across Federal, State and local jurisdictions to be an obstacle
to routinely collecting information and conducting studies of
such re-offending. Given, however, the availability of today's
integrated information systems and modern data technology, the
Committee does not see why such challenges cannot be overcome.
BOP is directed to report not later than 90 days after
enactment of this Act on the specific challenges encountered in
measuring the effectiveness of all its re-entry programs, and
any additional tools or resources needed to comply with the
reporting requirements of the Second Chance Act.
BUILDINGS AND FACILITIES
The Committee recommends $95,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates.
The Committee directs the Bureau to move forward with
ongoing facilities planning and associated new construction to
meet projected capacity requirements as identified in the
monthly status of construction reports to the Committees on
Appropriations. BOP shall continue to provide monthly status of
construction reports and notify the Committee of any changes
reflected in those reports.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The Committee recommends a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated, which is the same as fiscal year 2017.
State and Local Law Enforcement Activities
In total, the Committee recommends $2,266,300,000 for State
and local law enforcement and crime prevention grant programs,
including $2,174,300,000 in discretionary appropriations.
Management and administrative expenses.--The Committee
encourages grant offices to minimize administrative spending to
maximize funding for grants or training and technical
assistance. The Committee also directs the Department to ensure
that the methodology for assessing management and
administration costs is equitable and reflects a fair
representation of the share of common management and
administrative costs associated with each program. The
Committee notes that an across-the-board percentage assessment
may not be the most appropriate solution. The Committee is
aware that, in general, the Department's grant offices for
State and Local Law Enforcement Activities have authority to
allocate certain expenses administratively to activities that
are ancillary to the core purposes of the appropriation (e.g.,
peer review for a competitive program, training and technical
assistance, and research and statistical activities).
Office of Victims of Crime (OVC).--The recommendation
provides $4,632,000,000 for the Crime Victims Fund. Within
available resources, OVC may implement the office's Vision 21,
which seeks to bring better technology, planning, research and
data into the crime victims services field.
The recommendation includes language in section 510
allowing for tribal access to the Crime Victims Fund. The
Committee expects the Department of Justice to consult with
Indian tribal governments on the distribution of these funds.
The Committee directs OVC to report to the Committee, not
later than 90 days after the enactment of this Act, on the
actions they are taking to ensure Crime Victims Fund resources
are reaching communities most affected by violence.
The Committee is aware that hospital-based violence
intervention has shown effective results as a strategy in
preventing injury recidivism for victims of violent injury, and
encourages states to consider utilizing funding provided
through the Crime Victims Fund to establish or expand hospital-
based intervention programs.
Tribal assistance.--The recommendation includes a flexible
tribal set-aside under section 214. The Committee expects the
Office of Justice Programs (OJP) to continue to consult closely
with tribes to determine how tribal assistance funds will be
allocated among grant programs that improve public safety in
tribal communities, such as grants for detention facilities
under section 20109 of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), civil and criminal legal assistance as authorized by
title I of Public Law 106-559, tribal courts, and alcohol and
substance abuse reduction assistance programs. The Committee
directs OJP to use such consultation to inform the allocation
of funds it shall submit as part of its spending plan. The
Committee notes that the recommendation includes additional
grant funding for tribal law enforcement programs through the
Office on Violence Against Women (OVW).
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The Committee recommends $527,000,000 for OVW, which is
$45,500,000 above fiscal year 2017 and $47,000,000 above the
request. The recommendation does not divert funds from the
Crime Victims Fund to pay for these discretionary programs. The
recommendation also funds the victims of trafficking program
under this heading. Funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants........................................... $215,000
Transitional Housing Assistance....................... 30,000
Research and Evaluation on Violence Against Women..... 3,500
Consolidated Youth-Oriented Program................... 11,000
Grants to Encourage Arrest Policies................... 53,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Victims Services....................... 35,000
Rural Domestic Violence and Child Abuse Enforcement... 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 Resource Center on Workplace Responses....... 500
Research on Violence Against Indian Women............. 1,000
Indian Country-Sexual Assault Clearinghouse........... 500
Tribal assistance..................................... 4,000
Victims of trafficking................................ 45,000
Rape Survivor Child Custody Act....................... 1,500
=================
TOTAL, Violence Against Women Prevention and $527,000
Prosecution Programs...............................
------------------------------------------------------------------------
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The Committee recommends $83,000,000 for Research,
Evaluation and Statistics, which is $6,000,000 below fiscal
year 2017 and $28,000,000 below the request. Funds are
distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics.......................... $44,500
National Institute of Justice......................... 38,500
=================
TOTAL, Research, Evaluation and Statistics.......... $83,000
------------------------------------------------------------------------
Human trafficking research.--The Committee acknowledges the
difficulty in estimating the prevalence of human trafficking,
and the corresponding difficulty in gauging the effectiveness
of the criminal justice system's response to the problem.
Research can play an invaluable role in understanding
prevalence and effectiveness through improved data collection
and analysis. The Committee encourages the National Institute
of Justice to increase funding for research into human
trafficking.
Campus sexual assault.--The Committee supports the
Department's continued development and testing of a pilot
campus climate survey. Preliminary results of the pilot suggest
the vast majority of campus sexual assaults are not reported to
authorities, do not come to the attention of university
officials and, therefore, are not represented in official
Federal statistics. The Committee encourages the Department to
examine expanding the pilot survey and developing a cost-
effective, standardized, and methodologically rigorous
nationwide research program on campus sexual assault.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The Committee recommends $1,143,500,000 for State and Local
Law Enforcement Assistance programs, which is $115,000,000
below fiscal year 2017 and $276,000,000 above the request.
Funds are distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............. $500,000
Officer Robert Wilson III VALOR Initiative.......... (10,000)
Domestic Radicalization Research.................... (4,000)
Juvenile Indigent Defense........................... (2,000)
NamUS............................................... (2,400)
Violent Gang and Gun Crime Reduction................ (10,000)
Capital Litigation and Wrongful Conviction Review... (2,500)
Prison Rape Prevention and Prosecution.............. (15,500)
White Collar Crime Prevention....................... (10,000)
State Criminal Alien Assistance Program............... 220,000
Adam Walsh Act Implementation......................... 20,000
Bulletproof Vests Partnerships........................ 22,500
National Sex Offender Public Website.................. 1,000
National Instant Criminal Background Check System 73,000
(NICS) Initiative....................................
DNA Initiative........................................ 125,000
Debbie Smith DNA Backlog Grants..................... (117,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants. (4,000)
Sexual Assault Forensic Exam Program Grants......... (4,000)
CASA-Special Advocates................................ 9,000
Comprehensive School Safety Initiative................ 45,000
Emergency Law Enforcement Assistance.................. 10,000
Opioid initiative..................................... 118,000
Drug Courts......................................... (43,000)
Veterans Treatment Courts........................... (7,000)
Residential Substance Abuse Treatment............... (12,000)
Prescription Drug Monitoring........................ (14,000)
Mentally Ill Offender Act........................... (12,000)
Other Comprehensive Addiction and Recovery Act (30,000)
activities.........................................
=================
TOTAL, State and Local Law Enforcement Assistance... $1,143,500
------------------------------------------------------------------------
Opioid abuse.--The recommendation includes $118,000,000 for
programs to reduce opioid abuse, which is the full amount
authorized by the Comprehensive Addiction and Recovery Act of
2016 (CARA; Public Law 114-198). Within this amount is
$43,000,000 for drug courts; $7,000,000 for veterans treatment
courts; $12,000,000 for Residential Substance Abuse Treatment;
$14,000,000 for prescription drug monitoring; $12,000,000 for
the Mentally Ill Offender Act; and $30,000,000 for other
programs authorized by the bill.
The Committee believes that communities must address opioid
abuse through comprehensive strategies that incorporate
enhanced enforcement, education and treatment. The Committee
directs OJP to work with DEA, the Department of Health and
Human Services, and the National Institute of Justice to
develop, and help communities implement, best practices to
address opioid abuse.
The Committee believes that the Federal response to the
opioid epidemic will be most effective if resources made
available through CARA and related programs are directed to
strategies that are backed by strong evidence or to innovative
and promising approaches that will be rigorously evaluated to
learn their impact. In implementing new and existing programs
that address the opioid epidemic, the Department is urged to
utilize evidence-based policymaking principles, tools, and
program designs such as those disseminated by the Evidence-
Based Policymaking Collaborative. The Committee encourages the
Department to collaborate with outside researchers and
philanthropic organizations that focus on improving the use of
rigorous research to inform policy.
National Instant Criminal Background Check System (NICS)
Initiative grants.--The recommendation includes $73,000,000 for
grants to improve records in NICS. This initiative combines the
National Criminal History Improvement Program (NCHIP) and the
NICS Act Record Improvement Program (NARIP). The Committee
directs that the grants made under the broader NCHIP
authorities be made available only for efforts to improve
records added to NICS. Additionally, the Department shall
prioritize funding under NARIP authorities with the goal of
making all States NICS Improvement Amendments Act of 2007
(NIAA) compliant. The Department also shall apply penalties to
noncompliant States to the fullest extent of the law.
The Committee understands that ATF is willing to provide
technical assistance to all States seeking to establish
programs that meet the NIAA requirements for NARIP grants. Even
in the absence of funding exclusively for NARIP, the Committee
directs the Department to continue these efforts. The Committee
again urges OJP, ATF and FBI to assist States that are not
currently eligible for NARIP grants in meeting the eligibility
requirements.
The Committee encourages OJP to provide technical
assistance and training services for current and future NCHIP
and NARIP grantees.
The Committee also reiterates existing legal requirements
that data in the NICS be deleted after a check is completed.
Gun crime and gang violence.--The recommendation includes
$10,000,000 for communities working with their local U.S.
Attorneys to develop and implement gun crime and gang violence
reduction programs.
Gang violence.--The Committee recognizes the threat posed
by foreign influenced gangs and the need for coordination among
Federal, State and local law enforcement agencies to address
this problem. Such gang activity has the potential to overwhelm
local law enforcement resources in rural areas, particularly in
communities with populations under 25,000. The Committee urges
the Department to prioritize grant funding within existing
State and local assistance programs targeted for reducing
criminal gang activity in rural communities.
The Committee also notes the effectiveness of regional gang
task forces in addressing transnational gangs. The Committee
urges the Department to prioritize grant funding within
existing State and local assistance programs for reducing
criminal gang activity using regional gang task forces.
Byrne Memorial Justice Assistance Grant (Byrne/JAG)
program.--The recommendation includes $500,000,000 for the
Byrne/JAG program and consolidates the activities of the COPS
Hiring program into the Byrne/JAG program. Funding under this
formula program is authorized for law enforcement programs
including those that promote data interoperability between
disparate law enforcement entities; prosecution and court
programs; prevention and education programs; corrections
programs; drug treatment and enforcement programs; planning,
evaluation, and technology improvement programs; and crime
victim and witness programs, other than compensation. Within
the amount provided, $4,000,000 is for research on domestic
radicalization; $10,000,000 is for the Officer Robert Wilson
III Preventing Violence Against Law Enforcement and Ensuring
Officer Resilience and Survivability (VALOR) Initiative;
$2,000,000 is for juvenile indigent defense; $2,400,000 is for
the National Missing and Unidentified Persons System (NamUS);
$10,000,000 is for competitive and evidence-based programs to
reduce gun crime and gang violence; $2,500,000 is for the
capital litigation and wrongful conviction review; $15,500,000
is for prison rape prevention and prosecution; and $10,000,000
is for white collar crime prevention grants. Excluding
carveouts, the recommendation for Byrne/JAG is $109,000,000
above fiscal year 2017 and $184,100,000 above the request.
The Committee is concerned by the impact on law enforcement
of the growing epidemic of prescription drug and heroin abuse,
and notes that funds within this account may be utilized for
the implementation of medication-assisted treatment to maintain
abstinence from all opioids and heroin. The Committee notes
that Byrne/JAG funding can be used for law enforcement
purposes, such as the hiring of law enforcement officers,
including School Resource Officers or other ``non-enforcement''
officers. The Committee notes that Byrne/JAG funding can be
used for pursuit technology and training to reduce deaths and
injuries during high-risk vehicle events. The Committee
recognizes the importance of de-escalation training and
cultural sensitivity training and diversity in hiring in local
law enforcement to ensure that law enforcement reflects the
communities they serve. The Committee notes that Byrne/JAG
funds may be used for these purposes, and encourages the
Department to award funds for this purpose in Byrne/JAG and the
Community Oriented Policing Services (COPS) Program. The
Committee encourages the Byrne/JAG program to provide
additional resources to those communities that are taking part
in programs that seek to lower homicide rates through data and
performance measurement analysis. The Committee advises that
some Byrne/JAG funds be directed to provide newer, more
efficient forensics testing tools for rural jurisdictions. The
Committee requests additional consideration be given to
applicants who seek to hire service-connected disabled
veterans.
Veterans.--The Committee is aware of national and State-
level recruitment efforts to help veterans transition from
military service to careers in civilian law enforcement. The
Committee directs the Department to submit a report, not later
than 90 days after enactment of this Act, on the type of grants
and programs that the Department provides to help train and
assist veterans who are transitioning from military service to
civilian law enforcement.
Prison Rape Elimination Act (PREA).--The Committee supports
the Bureau of Justice Assistance's (BJA) ongoing efforts to
improve the PREA audit program, in addition to restarting the
State grant programs in fiscal year 2018. Facility audits are a
key component in helping agencies move their sexual abuse
prevention and response policies from written documents to
everyday practices. BJA has outlined a meaningful Quality
Improvement Initiative and the Committee supports the
Department providing the necessary resources to carry out this
work.
Officer Robert Wilson III Memorial VALOR Initiative.--The
recommendation includes $10,000,000 for the VALOR initiative.
The recommendation also includes $10,000,000 under the
Community Oriented Policing Services header for active shooter
response.
State Criminal Alien Assistance Program (SCAAP).--The
recommendation includes $220,000,000 for SCAAP, which is
$10,000,000 above fiscal year 2017. SCAAP provides grants that
reimburse States and localities for the costs incurred in
incarcerating undocumented criminal aliens. The President's
request proposed to terminate this program.
Competitive grants.--The Committee urges the Department to
prioritize improving forensic interview training for child
abuse investigation and prosecution professionals.
Forensics and cybercrime training.--The Committee is aware
of a number of programs surrounding trafficking offenses, sex
crimes and domestic violence that provide support to State and
local law enforcement and prosecutors. The Committee encourages
OJP to increase efforts to provide State and local prosecutors
with training, particularly train the trainer, and trial
experience in cybercrimes and digital evidence.
The Committee is also encouraged by efforts to expand the
ability of academic forensic technology programs to assist the
Department in identifying online crime, hate and terror groups.
DNA initiative.--The recommendation includes $125,000,000
for DNA-related and forensic programs and activities, an
increase of $20,000,000 above the request and the same as the
fiscal year 2017 level. Within the funds provided, the
Committee provides $4,000,000 each for Post-Conviction DNA
Testing grants and Sexual Assault Forensic Exam Program grants.
The Committee expects that OJP will make funding for DNA
analysis and capacity enhancement a priority to meet the
purposes of the Debbie Smith DNA Backlog Grant Program. The
Committee directs the Department to submit, as part of its
spending plan, a plan for the use of all funds appropriated for
DNA-related and forensic programs and a report on the alignment
of appropriated funds with the authorized purposes of the
Debbie Smith DNA Backlog Grant Program.
Victims of trafficking grants.--In the OVW account, the
recommendation includes $45,000,000 for human trafficking task
force activities and for services for victims. These funds may
also be used to develop, expand and strengthen assistance
programs for child victims of sex and labor trafficking. The
Committee notes that the Justice for Victims of Trafficking Act
established a Domestic Trafficking Victims Fund, which will
provide additional resources for these programs. The Committee
directs DOJ to support the victim-centered approach to
recognizing and responding to human trafficking, especially
across partnerships between Federal and local law enforcement
agencies and victim service providers. The Department shall
include a planned allocation of these funds in its spending
plan. The Committee encourages the Department to increase the
number of human trafficking task forces funded by this program
to at least 40.
Preventing trafficking of girls.--The Committee encourages
the Office for Victims of Crime and the Office of Juvenile
Justice and Delinquency Prevention to examine ways to assist
nonprofits and other nongovernmental entities with a proven
track record of administering successful prevention and early
intervention programs for girls vulnerable to trafficking.
Pre-trial risk assessment.--The Committee continues its
support for Bureau of Justice Assistance programs widespread
adoption of evidence-based screening and assessment tools
across the criminal justice system and believes further
improvements are needed at the earliest stage of the process,
or the pretrial period, to make the system fairer and less
costly. The Committee is encouraged by States' development of
Risk-Needs-Responsivity (RNR) models and encourages OJP to
examine if funding should be made available for grants to
assist States in the development and implementation of RNR
tools for determining pretrial detention, sentencing, probation
or post-release supervision, prison classification systems, and
offender re-entry.
Immersive training.--The Committee recognizes the
significant challenges of 21st century policing. The Committee
directs the Department to study whether immersive, real-life
scenario-based training improves law enforcement officer
performance, increases police safety, and reduces use-of-force
incidents, deadly force, and citizen complaints, and to report
to the Committee not later than 90 days after enactment of this
Act. The Committee encourages the Department to use this study
to inform the development of immersive, scenario-based law
enforcement training curricula related to situational awareness
and physical and mental responses to stress, threats, and
crisis. The Committee requests that the Department devise a
plan for pilot testing this immersive training and making it
accessible to Federal, State, local, tribal, and territorial
law enforcement agencies.
School safety.--The Committee encourages pilot grants
funded through the Comprehensive School Safety Initiative
consider employing an evidence-based school threat assessment
and intervention program.
Strategic Mobile and Response Teams.--The Committee
encourages DOJ to investigate the opportunity to conduct pilot
programs to implement Strategic Mobile and Response Teams
(SMART) at the Southwest Border. Border Smart Pilot programs
should combine the use of officers and technology, including
ground sensors and drones. The pilot programs should have
inter-agency partnership and multi layered security efforts,
including marine, air and terrestrial components, with the goal
of increasing border security while reducing cost. The
Department should brief the Committee on its plans within 180
days.
JUVENILE JUSTICE PROGRAMS
The Committee recommends $170,500,000 for Juvenile Justice
programs, which is $76,500,000 below fiscal year 2017 and
$59,000,000 below the request. Funds are distributed as
follows:
JUVENILE JUSTICE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Youth Mentoring Grants................................ $75,000
Victims of Child Abuse Programs....................... 21,000
Missing and Exploited Children Programs............... 72,500
Training for Judicial Personnel....................... 2,000
=================
TOTAL, Juvenile Justice............................. $170,500
------------------------------------------------------------------------
Youth mentoring grants.--The recommendation includes
$75,000,000 for youth mentoring grants, which is $5,000,000
below fiscal year 2017 and $17,000,000 above the request.
The Committee recognizes the success of the Youth Mentoring
program in the Office of Justice Programs. Through trusted one-
to-one mentoring relationships, in the community and in
schools, Youth Mentoring grantees are able to provide needed
attention and support to at-risk children. Mentoring
relationships enhance a child's overall well-being by improving
their emotional, social, and educational development.
Missing and exploited children programs.--The
recommendation includes $72,500,000 for missing and exploited
children programs, which is the same as fiscal year 2017 and
$500,000 above the request. The Committee expects the
Department to allocate no less than the current year level for
task force grants, training and technical assistance, research
and statistics, and administrative costs for the Internet
Crimes Against Children program. The Committee expects the
Department to allocate $1,000,000 to be used to hire and equip
wounded, ill or injured veterans as digital forensic analysts
or investigators to support child exploitation investigations.
The Department is encouraged to support the development,
refinement, and technological advancement of widely used tools,
methods and technologies that address child sexual exploitation
and trafficking.
Partnerships with community organizations.--The Committee
encourages the Office of Juvenile Justice Programs to examine
ways to partner with community groups or nongovernmental
entities that undertake initiatives to provide parents and
guardians with inkless, in-home fingerpriting kits, which help
families maintain current photos, fingerprints, and
descriptions of their children, and such information can be
vital for police during searches for missing children.
PUBLIC SAFETY OFFICER BENEFITS
The Committee recommends a total of $108,300,000 for the
Public Safety Officer Benefits program, which is $19,000,000
above fiscal year 2017 and the same as the request. Within the
funds provided, $92,000,000 is for death benefits for
survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping purposes.
Also within the total, $16,300,000 is recommended, as
requested, for disability benefits for public safety officers
who are permanently and totally disabled as a result of a
catastrophic injury sustained in the line of duty, and for
education benefits for the spouses and children of officers who
are killed in the line of duty or who are permanently and
totally disabled as a result of a catastrophic injury sustained
in the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $234,000,000 for the COPS
account. Funds are to be distributed as follows:
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanups...... $11,000
Police Act............................................ 10,000
Community trust initiative............................ 65,000
Body worn camera partnership initiative............. (22,500)
Justice Reinvestment Initiative..................... (25,000)
Research and statistics on community trust.......... (7,500)
Byrne Criminal Justice Innovation Program........... (10,000)
Second Chance Act..................................... 68,000
Children of Incarcerated Parents Demo Grants........ (5,000)
Girls in the juvenile justice system................ (2,000)
Community Teams to Reduce the Sexual Assault Kit (SAK) 45,000
Backlog..............................................
Regional information sharing activities............... 35,000
=================
TOTAL, Community Oriented Policing Services......... $234,000
------------------------------------------------------------------------
Methamphetamine lab cleanup.--The recommendation includes
$11,000,000, which shall be transferred to DEA to assist State,
local and tribal law enforcement agencies with the removal and
disposal of hazardous materials at methamphetamine labs,
including funds for training, technical assistance, the
purchase of equipment, and a container program.
Community trust initiative.--The recommendation includes
$65,000,000 for a program to improve police-community
relations. Included in this initiative is $10,000,000 for the
Byrne Criminal Justice Innovation Program, $25,000,000 for
justice reinvestment, $22,500,000 for a body-worn camera
partnership initiative, and $7,500,000 for research and
statistics on community trust.
The body-worn camera partnership initiative includes pilot
and demonstration grants for purchase of body-worn cameras for
police. This initiative will also establish baseline procedures
for the use of body-worn cameras, support State and local
efforts regarding the use of such equipment, and provide
necessary research into the use of this technology. The
demonstration grants shall require a 1:1 match by the grantee
and shall not be used to pay for the ongoing costs or data
storage costs associated with body-worn camera footage. The
demonstration grants shall only be provided to States with laws
governing the use of body-worn cameras and shall not interfere
with State laws and requirements. The Bureau of Justice
Assistance shall administer this initiative and provide
periodic updates to the Committee regarding its implementation.
As the Committee believes that improving police-community
relations will require more than just equipment procurement,
the recommendation provides $25,000,000 for the justice
reinvestment initiative, which provides assistance to
jurisdictions to implement data-driven strategies to improve
public safety by reducing corrections spending and reinvesting
those savings in efforts to decrease crime and strengthen
neighborhoods. The Committee recognizes the tremendous
potential of justice reinvestment efforts, noting that
successful efforts in States, such as Texas, Kansas, North
Carolina, Ohio, and Pennsylvania, which have saved millions of
dollars and serve as models for criminal justice reform in the
Nation. Funding may be used to provide technical assistance to
States with existing reinvestment programs, expand the
initiative to additional States, or provide additional funding
for existing sites.
The Committee believes that comprehensive, career-long
leadership education for all local law enforcement officers
remains critical to reducing crime and strengthening
relationships between law enforcement agencies and the
communities they serve, and the Committee notes that funds in
the community trust initiative can be used for leadership
training programs that provide measurable improvements in local
law enforcement officer performance, adaptive decision-making
skills, civic involvement, and officer-community relations.
Second Chance Act/offender reentry programs.--The
recommendation includes $68,000,000 for Second Chance Act
grants. Excluding carveouts, the recommendation is $15,500,000
above fiscal year 2017 and $40,500,000 above the request.
The Committee remains concerned that despite a dramatic
increase in corrections spending over the past two decades,
recidivism and re-incarceration rates are largely unchanged.
The Committee is aware that case studies of innovative,
evidence-based practices provide strong indication that this
pattern can be reversed. The Committee expects that Second
Chance Act grants will foster the implementation of strategies
that have been proven to reduce recidivism and ensure safe and
successful reentry back to their communities of adults released
from prisons and jails. The Committee expects DOJ to designate
funds for proven, evidenced-based programs that will further
the goal of maximizing public safety.
To ensure the most effective use of Second Chance Act
funds, the Committee encourages the prioritization of funding
to communities where the largest populations of formerly
incarcerated people return and requests a report from the
Bureau of Justice Statistics within 90 days of the enactment of
this Act analyzing what the Bureau is doing to ensure funding
is reaching these communities.
Sexual assault kit backlog grants.--The recommendation
includes $45,000,000 for grants to address the sexual assault
kit (SAK) backlog. The Committee encourages stakeholders and
local law enforcement to continue working with Federal law
enforcement to resolve this important issue. The Committee also
directs the Department to do everything in its power to bring
perpetrators to justice. The Committee also encourages OJP to
increase its efforts to ensure that strong research and program
evaluations are undertaken utilizing independent evaluators
with the experience and skills to provide necessary feedback
and improve the efficiency of SAK processing. The Committee
further encourages OJP to prioritize funding to underserved
regions, such as Appalachia.
Human trafficking intelligence.--The Committee encourages
programs funded under the regional information sharing
activities to hire a criminal intelligence analysts for the
purpose of compiling information, reports, and other
intelligence on human trafficking into, out of, and within the
borders of the United States.
Active shooter response.--The recommendation includes
$10,000,000 for the POLICE Act of 2016 (Public Law 114-199).
The Committee notes the importance training partnerships that
offer nationwide dynamic force-on-force scenario-based
training. The Committee understands the training has been
adopted by numerous States and agencies as their standard
active shooter training and that the FBI has adopted this
program as its national training standard for active shooter
response.
General Provisions--Department of Justice
The Committee has included the following general provisions
for the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape, incest, or to preserve
the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the Committee's requirements and
procedures for transfer proposals.
Section 206 prohibits the use of certain funds for
transporting prisoners classified as maximum or high security,
other than to a facility certified by the Bureau of Prisons as
appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures for any deviation from the program amounts specified
in this title or the accompanying report, or the reuse of
deobligated funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of Federal Prison
Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
assistance, and permits up to 3 percent of grant funds made
available to that office to be used for criminal justice
research, evaluation and statistics by the National Institute
of Justice and the Bureau of Justice Statistics.
Section 213 provides 7 percent of certain grant and
reimbursement program funds made available to the Office of
Justice Programs and Community Oriented Policing Services
programs to be used for tribal criminal justice assistance.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 permanently prohibits funds, other than funds
for the National Instant Criminal Background Check System
established under the Brady Handgun Violence Prevention Act,
from being used to facilitate the transfer of an operable
firearm to a known or suspected agent of a drug cartel where
law enforcement personnel do not continuously monitor or
control such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
TITLE III
SCIENCE
Office of Science and Technology Policy
The Committee recommends $5,544,000 for the Office of
Science and Technology Policy (OSTP), which is $11,000 below
fiscal year 2017 and the same as the request.
Public access to Federally funded research.--The Committee
appreciates the progress that OSTP has made to increase access
to the results of Federally funded scientific research. OSTP
shall continue efforts to coordinate implementation of public
access policies across Federal departments and agencies and
identify additional opportunities to enhance access to the
results of Federally funded research. OSTP shall continue to
report, on an annual basis, on the progress of departments and
agencies in implementing their public access plans, including
relevant measures of progress, and on additional steps being
taken to improve access to the results of Federally funded
research.
Patents.--The Committee awaits the report required in the
fiscal year 2017 appropriations Act regarding approved patents
and how Federal scientists who work at certain research
laboratories may benefit from these successful patent
applications.
National Aeronautics and Space Administration
The Committee recommends $19,871,834,000 for the National
Aeronautics and Space Administration (NASA), which is
$218,534,000 above fiscal year 2017. The Committee applauds
NASA's June 2017 announcement of the outstanding astronaut
candidates who were selected from a record 18,300 applications.
Their achievements and NASA's current astronaut corps continue
to inspire the Nation. The level of interest in NASA human
spaceflight programs and in all NASA missions continues to
grow, and the funding recommendations described below support
current and future human exploration programs, and the science,
research and advanced manufacturing activities necessary to
send humans safely beyond low Earth orbit and on to Mars. The
funding in this bill also provides NASA with a balanced
portfolio to pursue robotic exploration of the solar system,
realize advances in safe and efficient air travel, partner with
industry, and engage with academia.
National Space Council.--The Committee supports Executive
Order 13803: Reviving the National Space Council. The National
Space Council, to be managed within the White House, is in the
national interest because space leadership and space
exploration are essential to our character as a nation, to our
economy, and to our national security. The Council will
coordinate Federal agencies' space activities.
Program and project totals.The Committee's program and
project recommendations for NASA are included in the
consolidated funding table below and in narrative direction
throughout this report. The Committee reminds NASA that any
deviations from the amounts included in the table below are
subject to section 505 requirements of this Act. When executing
its budget for fiscal year 2018, NASA shall incorporate the
funding levels established in both the table and the narrative
direction. NASA is reminded that comity has existed between the
Congress and the Executive Branch with respect to abiding by
language included in this report and in the accompanying
Appropriations Act. The Committee expects NASA to respect this
long-standing practice.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science....................................... $1,704,000
Planetary Science................................... 2,120,900
Astrophysics........................................ 822,000
James Webb Space Telescope.......................... 533,700
Heliophysics........................................ 677,900
-----------------
Total, Science........................................ 5,858,500
=================
Aeronautics:.......................................... 660,000
=================
Space Technology:..................................... 686,500
=================
Human Exploration and Operations:
Orion Multi-purpose Crew Vehicle.................... 1,350,000
Space Launch System (SLS) Vehicle Development....... 2,150,000
Exploration Ground Systems.......................... 600,000
Exploration R&D..................................... 450,000
-----------------
Total, Human Exploration and Operations............... 4,550,000
=================
Space Operations:..................................... 4,676,634
=================
Education:
NASA Space Grant.................................... 40,000
Experimental Program to Stimulate Competitive 18,000
Research...........................................
Minority University Research Education Program...... 32,000
-----------------
Total, Education...................................... 90,000
=================
Safety, Security and Mission Services:................ 2,826,200
=================
Construction and Environmental Compliance and 486,100
Restoration:.........................................
=================
Office of Inspector General:.......................... 37,900
=================
Total, NASA........................................... $19,871,834
------------------------------------------------------------------------
SCIENCE
The Committee recommends $5,858,500,000 for Science, which
is $93,600,000 above fiscal year 2017 and $146,700,000 above
the request.
Decadal surveys.--The Committee directs that the priorities
outlined in the decadal surveys for Earth Science, Planetary
Science, Astrophysics, and Heliophysics shall drive NASA
mission priorities.
Earth Science.--The recommendation includes $1,704,000,000
for Earth Science programs. The recommendation includes
$175,800,000, as requested, for continued development of the
Landsat-9 mission to support a 2020 launch and maintain data
continuity. NASA shall keep the Committee informed of the
status of this program. Also within amounts provided is
$55,400,000, as requested, for the NASA-ISRO Synthetic
Aperature Radar mission.
Earth Science Pathfinder Venture Class Missions.--The
Committee is supportive of NASA's Earth Science Pathfinder
Venture Class Missions and includes the requested amount of
$199,100,000 for these activities. This program was established
in response to decadal survey recommendations to provide flight
opportunities for low cost earth science investigations that
can be flown in five years or less. Within amounts provided,
NASA is encouraged to acquire, where cost effective, space-
based and airborne Earth remote sensing data from commercial
partners. The Committee notes the recent award of the
Geostationary Carbon Cycle Observatory mission from the second
Earth Venture Mission announcement of opportunity. NASA shall
keep the Committee informed regarding these activities.
Planetary Science.--The recommendation includes
$2,120,900,000 for Planetary Science. One of the primary
recommendations of the National Academies' 2012 Decadal Survey
for Planetary Science was for NASA to achieve a balanced
program through a mix of Discovery, New Frontiers, and flagship
missions and an appropriate balance among the many potential
targets in the solar system. The Committee urges NASA, in
subsequent budget requests, to ensure that it requests
sufficient funds across its Discovery and New Frontiers
programs to ensure a balanced cadence of missions. Further, the
Committee expects NASA to request sufficient funds for Research
and Analysis to ensure that data collected by NASA assets can
be exploited by scientists and researchers. The recommendation
includes $305,600,000 for Planetary Science Research, including
$197,900,000 for Planetary Science Research and Analysis. Also
included is $60,000,000 for NASA's efforts to detect and
monitor near Earth objects and for its asteroid impact and
deflection assessment (AIDA) and double asteroid redirection
test (DART) activities. Commensurate with this funding, NASA is
urged to conduct research into directed energy as a means of
asteroid deflection. Further, the Committee encourages NASA to
examine its use of NSF's ground-based telescopes to fulfill its
planetary protection mission to determine if additional funds
are required.
Near Earth Object Camera (NEOCam).--The Committee is
supportive of the NEOCam mission, which follows a 2010 National
Academy of Sciences report regarding space-based infrared
survey telescopes required to discover asteroids that pose a
hazard to Earth. NEOCam will also assist NASA in meeting the
congressionally mandated directive to detect and characterize
hazardous near Earth objects. The Committee understands that
NEOCam has been approved for extended Phase A studies that are
intended, in part, to review projected overall cost estimates.
NASA shall provide a report no later than 120 days after
enactment of this Act regarding estimated life cycle costs,
including schedule and milestones toward a projected 2020
launch date.
Discovery.--The recommendation includes $335,800,000 for
the Discovery program. The current cost cap for these missions
is $450,000,000 plus launch costs. The Discovery program
currently has two operational spacecraft, the Lunar
Reconnaissance Orbiter and Dawn; one flight mission in
development, the Interior Exploration using Seismic
Investigations, Geodesy and Heat Transport; and two newly
selected missions, Lucy and Psyche, which are in formulation.
New Frontiers.--The recommendation includes $90,000,000 for
New Frontiers. The current cost cap for these missions is
$1,000,000,000 plus launch costs. New Frontiers missions
explore the solar system with frequent, medium-class spacecraft
missions. The program includes three missions in operations:
New Horizons, Juno, and OSIRIS-Rex.
Juno.--Juno, a mission to Jupiter launched in 2011, is
collecting data to help NASA understand the formation of
planets and the origins of the solar system. While the Juno
spacecraft is healthy and all instruments are fully
operational, the Committee is aware that the original Juno
flight plan may be modified and that NASA is examining options
to determine if valuable science may be gained from continuing
beyond the planned mission scope. NASA shall keep the Committee
informed of this matter. Further, NASA shall keep the Committee
informed of the overall progress and science gleaned from the
Juno mission, especially risk reduction activities in advance
of the Jupiter Europa Clipper and Lander missions.
Mars Exploration.--The Committee remains supportive of
NASA's ongoing Mars missions gathering data about our nearest
neighbor which may have once supported microbial life. These
missions and the Mars 2020 mission will provide NASA and its
partners with valuable data about future landing sites for the
Mars 2020 rover and eventually humans. The recommendation
includes $646,700,000 for the Mars Exploration program,
including $374,300,000 for the Mars 2020 mission that meets
scientific objectives from the most recent Planetary Science
decadal survey, including the sample return mission, and
$62,000,000 to continue research and development of the Mars
2022 Orbiter. Funding for the Mars helicopter technology
demonstration is included within the Planetary Technology
program described below. NASA shall provide quarterly briefings
on all aspects of the Mars program.
Outer Planets and Ocean Worlds.--The Committee appreciates
that NASA has created an Ocean Worlds Exploration Program whose
primary goal is to discover extant life using a mix of
Discovery, New Frontiers and flagship class missions. The
recommendation includes $527,900,000 for Outer Planets and
Ocean Worlds, of which $495,000,000 is for the Jupiter Europa
Clipper and Lander missions to fulfill the requirements of the
most recent Planetary Science decadal survey. To support
progress on these programs, NASA shall ensure that future
funding requests are consistent with achieving a Europa Clipper
launch no later than 2022 and a Europa Lander launch no later
than 2024, pending final mission configuration. NASA shall keep
the Committee informed of the status of the Announcement of
Opportunity for the Lander to ensure progress toward a 2024
launch. While the Committee remains very supportive of the
Europa mission, the Committee also expects that this program
will meet development milestones on time and within budget.
Technology.--The recommendation includes $214,900,000 for
Technology. Within these amounts, no less than $35,000,000 is
for icy satellites surface technology and test-bed activities
and no less than $12,000,000 is for the Mars helicopter
technology demonstration mission that will be flown on the Mars
2020 mission. The recommendation also includes no less than
$16,000,000, as requested, for NASA to continue its
collaboration with the Department of Energy to produce
plutonium-238 domestically for use as a source of energy in
space missions.
Impact craters.--Impact craters in the U.S. that are well
preserved and accessible provide researchers and educators with
the opportunity to expand our understanding of the Earth's and
the Solar System's history and show students research in action
as a part of their STEM education. NASA is encouraged to make
funds available for external competitive funding to conduct
further scientific investigation of well-preserved and easily
accessible impact craters and provide education and outreach on
Earth's erosion processes and the scientific method of
research.
Asteroid resources.--The Committee remains supportive of
government and commercial space missions to the Moon, Mars, and
other locations in the Solar System. Recognizing that the
identification, extraction, and utilization of natural
resources found on asteroids are foundational to facilitating
long-term missions, the Committee directs NASA, in cooperation
with the domestic commercial space industry, to conduct an
assessment and submit a report within 180 days of enactment of
this Act on the utilization of asteroid-based natural resources
to support U.S. government and commercial space exploration
missions and timeframes for when such resource extraction could
possibly occur. This report also shall evaluate the status of
U.S. development of commercial asteroid resource exploration
activities, as well as international entities.
Astrophysics.--The recommendation includes $822,000,000,
which is $72,000,000 above the enacted level and $5,300,000
above the request, for Astrophysics. The recommendation
includes $74,100,000, the requested amount, for Astrophysics
Research and Analysis. The Committee remains supportive of
university-led research into protoplanetary discs and nebulae.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
The recommendation includes $85,200,000, the fiscal year 2017
level, for SOFIA, a state-of-the-art far-infrared observatory
with a planned 20-year life cycle. NASA shall issue a call for
fourth generation instrument proposals and select step 1
instrument proposals on or before September 30, 2018. NASA
shall keep the Committee informed of the status of these
activities. In addition, NASA is encouraged to undertake at
least 100 SOFIA science mission flights during fiscal year
2018, including both Northern and Southern hemisphere missions,
as determined by science community demand through
competitively-selected proposals. When determining future
observation cycles, NASA shall not undertake any actions
leading to the premature shutdown of the SOFIA program without
the participation of international partners, as appropriate, in
any scientific reviews and formulation of recommendations.
Consistent with the approach NASA has taken with the Great
Observatories, NASA shall not undertake any changes that would
be disruptive to the SOFIA program and the management of its
operations.
Wide Field Infrared Survey Telescope (WFIRST).--The
recommendation includes $126,600,000, the requested amount, for
WFIRST. The Committee is concerned about potential cost growth
in this program and directs NASA to brief it on the results of
an independent, external review that NASA initiated in April
2017 to address the scope of WFIRST to ensure it will provide
compelling scientific capability with an affordable cost and a
reliable schedule. NASA shall brief the Committee on the
results of this independent examination. The Committee expects
that NASA will ensure that the cost growth experienced by James
Webb Space Telescope is not repeated in this program. Within
amounts provided for WFIRST, $20,000,000 is for continued
development of the Starshade technology demonstration effort.
The Committee expects WFIRST to accommodate the Starshade
technology demonstration mission. The Starshade, in tandem with
WFIRST, will enable NASA to identify the nearest Earth-like
planet around the nearest star, and thereby identify a target
or multiple targets for the interstellar mission discussed
later in this report.
Astrophysics observatories.--The Committee commends NASA
for providing the science community with observations of
astrophysical objects conducted simultaneously over a broad
range of wavelengths. In anticipation of the forthcoming
decadal survey, NASA shall provide a report within 180 days of
the enactment of this Act that summarizes NASA's plans for
maintaining U.S. leadership in obtaining astrophysical
observations in the x-ray and gamma-ray wavelengths following
the completion of the Chandra X-ray Observatory and the Fermi
Gamma-ray Space Telescope missions.
Astrophysics probe missions.--NASA shall seek input from
the National Academy of Sciences and the academic and
scientific community regarding the need for, and benefits of,
establishing a competitive, principle investigator-led
astrophysics program to bridge the gap between Explorer and
less-frequent Flagship missions. NASA shall provide an interim
report on these matters within 180 days of enactment of this
Act, with a final report to be submitted no later than one year
after enactment of this Act.
James Webb Space Telescope (JWST).--The recommendation
includes $533,700,000 for JWST, which is the same as the
request and $35,700,000 below fiscal year 2017. NASA shall
provide the Committee with quarterly briefings on JWST's
technical status, budget and schedule performance, including
program integration and tests that must be completed prior to
its October 2018 launch. NASA shall brief the Committee within
180 days of enactment of this Act regarding the future funding
profile of the Astrophysics portfolio as JWST concludes
development.
Heliophysics.--The recommendation includes $677,900,000 for
Heliophysics, which is the same as the request.
Education and Public Outreach (EPO).--The recommendation
includes $44,000,000 for Science Mission Directorate (SMD)-wide
EPO activities. NASA shall, in the fiscal year 2018 spending
plan, allocate these funds proportionally among the SMD
divisions, resulting in a dedicated budget line for each
division's EPO activities.
AERONAUTICS
The Committee recommends $660,000,000 for Aeronautics,
which is the same as fiscal year 2017 and $36,000,000 above the
request. Funds provided above the request are to ensure that
NASA has the infrastructure necessary to support the Low Boom
Flight Demonstrator.
Low Boom Flight Demonstrator.--Within amounts provided for
Aeronautics, $79,200,000 is included as requested to continue
development of the Low Boom Flight Demonstrator. NASA shall
request sufficient funds in subsequent budgets to build and fly
the Low Boom Flight Demonstrator as proposed and ensure that
related infrastructure facilities are sufficient to support
this demonstration project. Finally, NASA shall ensure that
research resulting from the Flight Demonstrator is shared with
the private sector for use in commercial aviation applications.
Hypersonic Technology Project.--NASA is encouraged to
continue its fundamental hypersonic research, including its
Hypersonic Technology Project which supports collaboration with
other Federal partners to leverage flight test data to support
research and reduce risk.
Unmanned aircraft systems (UAS) safety.--The recommendation
includes no less than $118,700,000 for the Airspace Operations
and Safety Program and directs NASA to help ensure the safe
integration of UAS into the national airspace system. NASA
shall brief the Committee on the status of these efforts no
later than 90 days after enactment of this Act.
Air traffic safety.--NASA is encouraged to coordinate with
the Federal Aviation Administration (FAA) and leverage the six
test ranges established under section 332 of the FAA
Modernization and Reform Act (Public Law 112-95) to research
solutions for sense and avoid, command and control, ground
control station standards and human factors, airworthiness,
lost link procedures, and interoperability within the air
traffic control system.
SPACE TECHNOLOGY
The Committee recommends $686,500,000 for Space Technology,
which is the same as the fiscal year 2017 enacted level and
$7,900,000 above the request.
Nuclear thermal propulsion technology.--It is estimated
that a nuclear thermal propulsion system may reduce the round-
trip transit time to Mars by as much as 20 percent and may
therefore be beneficial to human space travel. Of the funds
provided, no less than $35,000,000 shall be for ongoing nuclear
propulsion activities. NASA shall provide a report within 120
days of enactment of this Act regarding the status of its
nuclear thermal propulsion activities and include as part of
this report yearly funding required and associated milestones
that must be met in order to conduct a nuclear thermal
demonstration project by 2020. This report shall include
amounts spent to date, estimated life cycle costs, and cost and
transit time comparisons with chemical propulsion systems.
Finally, this report shall describe how NASA could integrate
nuclear thermal propulsion into the deep space gateway concept
or use in broader applications such as interstellar travel.
Small launch technology platform.--Within the Flight
Opportunities Program, NASA shall continue to partner with
commercial industry to advance technologies for sub-orbital and
orbital launch vehicles for small payloads, with the aim to
increase affordability of those technologies and to allow for
more frequent access to relevant launch environments, including
low-Earth orbit.
Additive manufacturing.--The Committee continues to be
supportive of NASA's collaborative research into additive
manufacturing technology for use in rocket engines and other
structures and includes no less than $25,000,000 for these
activities.
Next generation space propulsion.--The Committee encourages
NASA, in collaboration with academia and the private sector, to
establish a research and technology development effort for next
generation space propulsion technologies. This effort should
pursue advances in Earth-to-orbit propulsion systems, in-space
propulsion systems, and propulsion systems for planetary
ascent/descent vehicles. The Committee expects that this
technology research and development effort will advance
technologies needed for nuclear thermal propulsion systems that
also may be applicable to interstellar travel.
Interstellar mission.--The Committee directs NASA to ensure
that the United States is the first nation to launch an
interstellar mission to the nearest Earth-like planet that
shows evidence of extant life. The Committee expects that as
NASA develops a roadmap for humanity's first interstellar
mission, NASA will stay true to its heritage by being bold and
pushing the limits of science, engineering and technology
without being constrained by short-term budget concerns. The
Committee looks forward to receiving, no later than May, 2018,
a technology assessment report from NASA, as required by the
fiscal year 2017 appropriations Act, that includes a draft
conceptual roadmap for developing an interstellar propulsion
system that will achieve at least .10 of the speed of light,
and that will launch no later than July 20, 2069, the 100th
anniversary of the Apollo 11 moon landing.
Current NASA propulsion investments include advancements in
chemical, solar electric, and nuclear thermal propulsion.
However, even in their ultimate theoretically achievable
implementations, none of these could approach cruise velocities
of one-tenth the speed of light (0.1c), nor could any other
fission-based approach (including nuclear electric or pulsed
fission). In developing the propulsion technology assessment
report, NASA should examine concepts that include, but are not
limited to: (1) fusion-based propulsion (including antimatter-
catalyzed fusion and the Bussard interstellar ramjet); (2)
matter-antimatter annihilation reaction propulsion; (3) beamed
energy propulsion coupled with photon sails; (4) ion or plasma
propulsion; (5) superconducting magnetic sails; (6) and immense
`sails' that capture solar photons or solar wind. At the
present time, none of these are beyond technology readiness
level (TRL) 1 or 2. The NASA Innovative Advanced Concepts
(NIAC) program is currently funding concept studies of directed
energy propulsion for wafer-sized spacecraft that in principle
could achieve velocities exceeding 0.1c and an electric sail
that intercepts solar wind protons. Over the past few years
NIAC has also funded mission-level concept studies of two
fusion-based propulsion concepts. The interstellar propulsion
technology assessment report and draft conceptual roadmap
submitted by NASA to this Committee shall include updates on
relevant concept studies funded by NIAC and shall include an
overview of potential advance propulsion concepts for such an
interstellar mission, including technical challenges,
technology readiness level assessments, risks, and potential
near-term milestones and funding requirements.
The Committee also directs NASA to accelerate work on
Starshade and WFIRST to ensure that WFIRST is Starshade
compatible, and that Starshade will launch and be capable of
working with WFIRST to identify the nearest Earth-like planet
that shows evidence of extant life. The Committee directs NASA
to include a section in the interstellar propulsion technology
report which details NASA's plan to make WFIRST Starshade
compatible and what size, design and funding requirements are
necessary for Starshade and WFIRST to resolve the planet from
the star and spectrographically analyze the atmosphere of rocky
Earth-like planets in the habitable zones of stable, long-lived
stars out to a distance of 10 parsecs. NASA is encouraged to
collaborate with the National Academies of Sciences to create a
permanent Decadal Survey for Exoplanet Exploration for the next
decade and beyond, and NASA is directed to follow the
recommendations of this new Exoplanet Exploration Decadal
Survey in developing America's long-term plans for systematic
interstellar exploration missions to Earth-like planets
harboring life in our galactic neighborhood.
Restore-L.--Given the substantial cost to design, develop,
and launch satellites and continued reliance on the data they
gather, NASA shall ensure that all future satellites, including
those in formulation, should be maneuverable, re-fuelable and
otherwise serviceable. The Committee strongly supports Restore-
L and expects NASA to continue developing satellite servicing
capabilities in collaboration with its public and private
sector and academic partners.
EXPLORATION
The Committee recommends $4,550,000,000 for Exploration,
which is $226,000,000 above fiscal year 2017. The Government
Accountability Office (GAO) shall continue its review of NASA's
human exploration programs, specifically the Space Launch
System (SLS) program, the Orion program, and Exploration Ground
Systems, including integration and software development issues
that cut across these programs. GAO shall provide periodic
updates to the Committee.
Human spaceflight safety.--The Committee reiterates that
nothing in this report or accompanying Act shall be construed
as directing NASA to proceed with any human spaceflight unless
or until NASA has concluded that the mission meets safety
requirements.
Schedule slips and cost.--GAO's April 2017 report, NASA
Human Space Exploration: Delay Likely for First Exploration
Mission, noted that the ``Orion program--Orion Multi-Purpose
Crew Vehicle (Orion), Space Launch System (SLS), and
Exploration Ground Systems (EGS)--are making progress on their
respective systems, but the EM-1 launch date is likely
unachievable as technical challenges continue to cause schedule
delays.'' NASA has since announced that it is moving the target
launch date for Exploration Mission (EM)-1 from November 2018
to sometime in 2019. The Committee is concerned with schedule
slips and expects NASA and its commercial partners to examine
aggressively all aspects of the program and report to the
Committee regarding efforts to ensure that EM-1 does not shift
again. NASA shall submit a report within 120 days of enactment
of this Act that provides the remaining milestones for Orion,
SLS, and Exploration Ground Systems and integration activities
in advance of EM-1 and those that must occur prior to EM-2.
Further, while the Committee remains supportive of NASA's
efforts to build an exploration system that is capable of
sending humans and science payloads into deep space, it is
imperative that NASA and its commercial partners thoroughly
examine production costs with the goal of reducing costs for
EM-1 and future missions. Toward that end, NASA shall submit a
report within one year of enactment of this Act that provides
estimated yearly costs of launching SLS with Orion or science
payloads as envisioned in the deep space gateway concept.
Orion.--The recommendation includes $1,350,000,000 for
Orion. GAO, in its May 2017 assessment, noted the late delivery
of the European Service Module (ESM). NASA shall keep the
Committee informed of the status of activities related to Orion
and the ESM.
Space Launch System.--The recommendation includes
$2,150,000,000 for SLS, including not less than $300,000,000
for continued work on the Exploration Upper Stage (EUS). NASA
shall provide a report within 120 days of enactment of this Act
describing investments to date on the EUS, a spend plan with
milestones for the funds provided in fiscal year 2018, and
funds necessary to complete EUS for use on EM-2 and to develop
EUS for use on subsequent SLS launches. This report shall also
include an analysis regarding the most efficient and cost-
effective means of procuring EUSs for use on future SLS
flights. In addition, NASA shall continue submitting quarterly
reports on SLS spending by major program element, as first
required in the statement accompanying Public Law 112-55.
Finally, the Committee expects NASA to continue the ongoing
collaboration between the SLS program and the Europa science
mission to ensure that integration activities, including
development of the payload fairing, continue in preparation for
the 2022 launch of the Europa Clipper mission. NASA shall keep
the Committee informed of these activities. To the maximum
extent possible, NASA shall ensure that all vehicle development
leverages existing investments; promotes efficiency through
commonality of design and concurrent development; and minimizes
the need for redesigns or other costly changes affecting future
SLS vehicle configurations.
Exploration Ground Systems (EGS).--The recommendation
includes $600,000,000 for EGS. This amount, which is
$171,000,000 above the fiscal year 2017 level, will enable NASA
to continue upgrades required to support EM-1, EM-2, and
subsequent human exploration and science missions.
Integrated launch readiness.--The recommendation includes
no less than $66,600,000, as requested, for SLS, Orion and EGS
integration activities. These funds will address coordination
issues among the three programs and ensure that they are
progressing in tandem toward EM-1, EM-2, and future missions,
including the Europa mission. The Committee is concerned that
insufficient time is being allotted to fully integrate SLS and
Orion hardware and software with EGS. NASA shall provide a
report within 90 days of enactment of this Act describing the
integration activities and timeframes for those activities that
need to occur prior to EM-1.
Exploration Research and Development (R&D).--The
recommendation includes $450,000,000 for Exploration R&D.
Human Research Program.--The recommendation includes
$200,000,000 for the Human Research Program. The Committee
reiterates its support of NASA's collaboration with academia to
research ways to ameliorate the impacts of space travel on
humans. NASA shall submit a report within 180 days of enactment
of this Act describing the activities and accomplishments of
the newly established NASA Translational Research Institute and
include a status report on the 27 proposals selected by NASA in
2016 to support astronaut health on long-duration space
exploration missions. Commensurate with NASA's deep space
gateway concept, NASA shall outline in its response the key
health risks that must be overcome, required risk reduction
activities, associated milestones and funding necessary in
order to realize safe long duration human spaceflight into deep
space.
Advanced Exploration Systems.--The recommendation includes
$250,000,000 for Advanced Exploration Systems. The Committee
urges NASA to continue its work with the private sector and
academia to develop exploration capabilities such as advanced
propulsion, habitats and landers that may be used with Orion
and SLS, and are necessary to enable space and human
exploration to the Moon, Mars, and other deep space
destinations.
Space-based manufacturing.--The Committee recommendation
includes no less than $25,000,000 to support NASA's ongoing
space-based additive manufacturing activities to support human,
robotic, and science exploration missions, enable on-orbit
resupply and repair, and develop commercial and government
satellite on-orbit manufacturing activities.
Next Space Technologies for Exploration Partnerships
(NextSTEP).--The recommendation includes up to $150,000,000 for
ongoing development of deep space habitation systems that can
be deployed and demonstrated in low-Earth orbit by 2020. NASA
shall provide a report no later than 180 days after enactment
of this Act regarding the status of the expandable module
currently operating on the International Space Station (ISS) as
well as the status of all activity currently underway in this
program, including progress of the NextSTEP-2 Broad Agency
Announcement issued in April 2016 to develop habitation
prototypes and study alternative architecture concepts.
Lunar lander demonstration.--The Committee remains
supportive of NASA's ongoing Lunar Cargo Transportation and
Landing by Soft Touchdown (Lunar CATALYST) initiative with the
private sector to develop robotic lunar landers that can be
integrated with U.S. commercial launch capabilities to deliver
payloads to the lunar surface and provides up to $30,000,000
for these activities. NASA shall provide a report within 120
days of enactment of this Act regarding the current status of
this program.
Commercial space.--The Committee is encouraged by the
growth of the U.S. commercial space industry and applauds
NASA's efforts to maximize the benefits of Federal resources
through the use of public/private partnerships. Wherever
practicable, the Committee encourages NASA to prioritize
partnerships with U.S.-based companies providing exploration
mission capabilities.
SPACE OPERATIONS
The Committee recommends $4,676,634,000 for Space
Operations.
International Space Station.--The Committee continues to
encourage NASA to implement cost savings measures to slow and
reduce the ISS operations budget while maximizing research
opportunities. In particular, the Committee is concerned that
NASA is not maximizing human research opportunities on the ISS
that will contribute to advances for improved human health on
Earth and during deep space exploration missions.
Commercial Crew.--According to GAO's February 2017 report,
NASA Commercial Crew program: Schedule Pressure Increases as
Contractors Delay Key Events, while both SpaceX and Boeing have
made progress developing their crew transportation systems,
neither company will meet their original 2017 certification
dates. The Committee remains concerned by continued slips in
the program and expects NASA to continue submitting quarterly
reports on the status of the Commercial Crew Integrated
Capability and Commercial Crew Transportation Capability
contracts. NASA also shall provide an assessment no later than
December 2018, regarding the ability of the contractors to meet
remaining program milestones and time frames for safely
launching astronauts from the United States to the ISS.
Space and Flight Support.--The recommendation includes no
less than the fiscal year 2017 levels to modernize and upgrade
both the Wallops Flight Facility (WFF) and Kennedy Space Center
(KSC) launch and range complexes. The Committee supports
maintaining launch sites serving the ISS at both the WFF and
KSC to ensure uninterrupted domestic cargo access to the ISS.
Commercial cargo.--NASA shall continue to provide quarterly
updates on the Commercial Resupply Services (CRS)-1 and CRS-2
contracts and associated milestones. The Committee looks
forward to the forthcoming Inspector General (IG) report on the
commercial cargo program.
Venture Class Launch Services.--The recommendation includes
up to $25,000,000 to support NASA's Venture Class Launch
Services initiative, which contracts for CubeSat satellites to
foster a commercial launch market dedicated to flying small
satellite payloads. NASA shall keep the Committee informed of
the two demonstration launches planned for 2018 as well as
future efforts to maximize this program that will lower costs
and increase access to space.
EDUCATION
The Committee recommends $90,000,000 for Education, which
is $10,000,000 below fiscal year 2017 and $52,700,000 above the
request. The Committee understands that the Office of Education
is undergoing a series of internal reviews and assessments;
NASA shall brief the Committee when these assessments are
concluded. The Committee expects NASA to continue implementing
the programs below and to ensure that overhead costs to support
these programs do not exceed five percent.
National Space Grant College and Fellowship Program.--The
recommendation includes $40,000,000 for the Space Grant
program. This amount shall be allocated to State consortia for
competitively awarded grants in support of local, regional, and
national STEM needs.
Experimental Program to Stimulate Competitive Research
(EPSCoR).--The recommendation includes $18,000,000 for EPSCoR.
Minority University Research Education Program (MUREP).--
The recommendation includes $32,000,000 for the MUREP program.
SAFETY, SECURITY AND MISSION SERVICES
The Committee recommends $2,826,200,000 for Safety,
Security and Mission Services, which is $57,600,000 above
fiscal year 2017.
University Affiliated Research Centers (UARCs).--The
Committee believes that NASA should pursue additional
partnerships with academia under the UARC model. UARCs, which
are designed to ensure the development of essential engineering
and advanced technology capabilities free from real or
perceived interest, are expected to be at the forefront of
science and innovation and conduct research that can lead to
revolutionary and game changing capabilities. UARCs would
enable NASA to establish a sustainable path for infusing
advanced technology and science, leverage innovations spurred
by the commercial space industry, and continue to recruit and
maintain a highly skilled workforce. NASA shall examine its
current UARC activities and provide a report to the Committee
within 180 days of enactment of this Act on how NASA may look
to establish additional such partnerships.
Security.--NASA shall continue to submit quarterly reports
on the agency's progress in implementing the corrective actions
recommended by the National Academy of Public Administration,
the GAO and the NASA IG with respect to security compliance
protocols and foreign national access management. NASA shall
also include in these reports its progress in meeting the
Aerospace Safety Advisory Panel 2016 report recommendation that
``. . . NASA make it a matter of policy that priority is given
to obtaining the appropriate level of security clearance for
all personnel essential to implementing the Enterprise
Protection Program'' . . . Finally, the Committee looks forward
to receiving an independent assessment of NASA's implementation
of various security enhancements as directed in House Report
114-605.
Bilateral activities.--The recommendation maintains bill
language directing that NASA, in consultation with the Federal
Bureau of Investigation, shall confirm or otherwise certify
that NASA bilateral activities with China are in compliance
with section 529 of this bill.
Cybersecurity.--The recommendation includes up to
$72,800,000, as requested, for cybersecurity to accelerate
personal identity verification compliance, improve the
detection and response to malicious activity, and to develop
and deploy information technology portfolio tools and
processes. NASA shall provide a report to the Committee within
180 days of enactment of this Act that addresses the
deficiencies included in the NASA IG Final Memorandum, Federal
Information Security Modernization Act: Fiscal Year 2016
Evaluation (IG-17-002; A-16-009-00) and other relevant GAO and
IG reports on cybersecurity and include as part of this report
timeframes for addressing each of the deficiencies noted.
GAO assessments of large-scale projects.--NASA shall
continue to cooperate fully and provide timely information to
the GAO so that it may fulfill its congressional mandate to
report on the status of large-scale projects at NASA. Such
information includes, but is not limited to, copies of
preliminary cost estimates; access to online agency
applications, databases, and web portals; and access to
contractor and agency personnel. These assessments shall
include any technology demonstration activities or
communications and tracking services and related infrastructure
refreshment activities which have life cycle costs that exceed
$250,000,000.
Cost breach reporting.--NASA shall submit to the Committee
any notifications and reports on cost overruns required by
section 103 of the NASA Authorization Act of 2005, Public Law
109-155.
Property disposal.--The Committee notes that it is awaiting
a report required by the fiscal year 2017 appropriations Act
regarding the sale or disposal of real and personal property.
Working Capital Fund (WCF) reporting.--NASA shall continue
to submit quarterly reports to the Committee on the
expenditures and unobligated balances of NASA's WCF.
Independent Verification and Validation (IV&V).--The
recommendation includes no less than the fiscal year 2017
operating level for the IV&V program. If necessary, NASA shall
fund additional IV&V activities from within the mission
directorates that make use of IV&V services.
Quality control.--Given the results of the March 29, 2017,
NASA IG audit, NASA's Parts Quality Control Process, which
found that NASA Centers generally manage their parts quality
and supplier assessment data unilaterally rather than
collaborating through a comprehensive, integrated, Agency-wide
parts and supplier information system, the Committee encourages
NASA to examine the need for a quality management policy, to
include the need to require contractors and suppliers to adopt
electronic quality management platforms.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee recommends $486,100,000 for Construction and
Environmental Compliance and Restoration, which is $125,400,000
above fiscal year 2017.
Reimbursable agreements.--NASA shall submit a report within
120 days of enactment of this Act that lists reimbursements
each NASA Center has received from government or private sector
partners since fiscal year 2015.
Long-term infrastructure plan.--NASA shall provide a report
within 120 days of enactment of this Act that includes a list
of maintenance and repair projects for each NASA Center, as
well as new construction projects planned for those Centers
satisfactorily implementing repair-by-replacement facility
master plans. For these potential new construction projects,
NASA shall note the intended construction standard, e.g. LEED
level, and include separate costs associated with construction
and expected savings as a result of new building construction.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $37,900,000 for the Office of
Inspector General, which is the same as fiscal year 2017.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The Committee has included the following administrative
provisions for NASA:
The bill includes a provision that makes funds for any
announced prize available without fiscal year limitation until
the prize is claimed or the offer is withdrawn.
The bill includes a provision that establishes terms and
conditions for the transfer of funds.
The bill includes a provision that requires NASA to submit
its agency spending plan at the activity level and subjects
both the spending plan and specified changes to that plan to
reprogramming procedures under section 505 of this Act.
National Science Foundation
The Committee commends the National Science Foundation
(NSF) and its academic partners for the January 2017, detection
of gravitational waves from the merger of two black holes some
3 billion light years away from Earth using the twin Laser
Interferometer Gravitational-wave Observatory (LIGO) detectors.
The Committee supports infrastructure investments such as these
that expand our understanding of the universe and inspire
students to pursue careers in the sciences. The Committee
recognizes that current and future large scientific facilities
represent an enormous investment of Federal resources that must
be administered wisely. Within amounts provided, NSF shall
allocate no less than fiscal year 2017 levels to support its
existing research laboratories, observational networks, and
other research infrastructure assets, including the astronomy
assets, the current academic research fleet including global
class vessels with unique seismic capabilities, Federally
funded research and development centers, and the national high
performance computing centers, so they may provide the support
needed for cutting edge research.
RESEARCH AND RELATED ACTIVITIES
The Committee recommends $6,033,645,000 for Research and
Related Activities, which is equal to fiscal year 2017 and
$671,995,000 above the request.
The Committee does not adopt the Administration's proposal
to reduce Research and Related Activities. The Committee
believes that strategic investments in the physical science
areas are vitally important for the United States to remain the
global leader in innovation, productivity, economic growth, and
good-paying jobs for the future.
Ocean Exploration.--NSF is encouraged to expand support for
the National Deep Submergence Facility's remotely-operated
vehicle operations for open sourced telepresence discovery-
based research and education expeditions.
Neuroscience research.--The Committee continues to support
funding for neuroscience research.
Fire research.--The Committee recognizes the significant
impact that fire has on numerous industries in the United
States, including the aerospace, manufacturing and agriculture
sectors. Improving the scientific understanding of fire will
support key industries as well as improve our ability to
safeguard property and lives. The Committee encourages NSF to
examine its current portfolio of fire research to ensure that
it is adequately addressing this area.
Abstracts and the national interest.--The Committee
underscores the American Innovation and Competitiveness Act
(Public Law 114-329), which directs NSF to issue and
periodically update, as appropriate, policy guidance for both
Foundation staff and other Foundation merit review process
participants on the importance of transparency and
accountability to the outcomes made through the merit review
process. Further, this law directs that each public notice of a
Foundation-funded research project justify the expenditure of
Federal funds by describing how the project reflects the
statutory mission of the Foundation, as established in the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); addresses the Foundation's intellectual merit and
broader impacts criteria; and clearly identifies the research
goals of the project in a manner that can be easily understood
by both technical and non-technical audiences. Further, this
legislation directs NSF to apply a broader impacts review
criterion to identify and demonstrate project support of the
following goals: increasing the economic competitiveness of the
United States; advancing of the health and welfare of the
American public; supporting the national defense of the United
States; enhancing partnerships between academia and industry in
the United States; developing an American STEM workforce that
is globally competitive through improved pre-kindergarten
through grade 12 STEM education and teacher development, and
improved undergraduate STEM education and instruction;
improving public scientific literacy and engagement with
science and technology in the United States; or expanding
participation of women and individuals from underrepresented
groups in STEM.
Experimental Program To Stimulate Competitive Research
(EPSCoR).--Within amounts provided, $170,690,000 is for EPSCoR.
Astronomy assets.--The Committee underscores that a
critical component of the nation's scientific enterprise is the
infrastructure that supports researchers in discovery science,
including planetary protection. Investments to advance the
frontiers of research and education in science and engineering
are critical to the nation's innovation enterprise. U.S.-based
astronomy facilities continue to make groundbreaking
discoveries and maintain excellent world-class scientific
research. The Committee expects NSF to sustain support for the
programs and scientific facilities funded by the Astronomical
Sciences Division at no less than the fiscal year 2017 levels
to maintain full scientific and educational operations. NSF
shall not implement any final divestment of infrastructure tied
to the findings of its 2012 Astronomical Sciences Portfolio
Review without first reporting such actions to the Committee.
Further, any such actions shall be carried out in accordance
with relevant reprogramming requirements and new language
directing Committee notification prior to disposal of assets.
The Committee is aware that NSF is working with Federal,
academic and private sector partners to develop plans to share
future operations and maintenance costs of NSF astronomical
infrastructure. NSF shall keep the Committee informed of these
activities.
Computer Information Science and Engineering (CISE).--The
Committee supports CISE efforts to work with the Division of
Research on Learning in Formal and Informal Settings within
Education and Human Resources to build on current efforts to
support computer science education in Pre-K-12 classrooms.
International Ocean Discovery Program (IODP).--The
recommendation provides $48,000,000, as requested, for the
IODP. The Committee notes that in addition to this funding, the
IODP program derives funding from international and/or industry
partners to maximize operation time on the JOIDES Resolution
ocean research vessel. The Committee supports the goal of
operating five research missions a year on the JOIDES
Resolution.
Marine seismic research.--NSF-funded marine research
vessels with unique seismic capabilities are used by the
academic community to provide images of the Earth's structure
miles below the seafloor and support a variety of important
undersea research efforts. The Committee encourages NSF and its
academic partners to ensure that the academic marine geology
and geophysics community can continue to have access to NSF-
funded marine seismic research vessel capabilities.
Indirect costs.--In testimony delivered in May 2017,
Preliminary Observations on Indirect Costs for Research (GAO-
17-576T), GAO provided its preliminary review of trends in
indirect costs for NSF's research and education awards and its
process for setting indirect cost rates. The Committee directs
NSF to address GAO's preliminary findings from its interim
assessment as well as any recommendations that are made in
GAO's final report and provide a report within 120 days of
enactment of this Act on NSF's progress in implementing any GAO
recommendations regarding indirect costs for research; the
reasons for the increase in indirect costs as a percentage of
annual award funding since 2010; and the variation in budgeted
indirect costs across different types of NSF research and
education awards.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends $77,800,000 for Major Research
Equipment and Facilities Construction (MREFC).
Large Synoptic Survey Telescope (LSST).--The recommendation
includes $57,800,000, the requested amount, for LSST. LSST,
which was ranked as the top large ground-based astronomy
project by the National Research Council 2010 Decadal Survey,
will produce the deepest, widest-field sky image ever, and
issue alerts for moving and transient objects within 60 seconds
of discovery. NSF shall provide quarterly briefings to the
Committee on the status of LSST, to include updates on
resolution of issues identified by the NSF IG.
Daniel K. Inouye Solar Telescope (DKIST).--The
recommendation includes the requested amount of $20,000,000 for
DKIST, which when complete will be the most powerful solar
observatory. NSF shall provide quarterly briefings to the
Committee on the status of DKIST, to include updates on
resolution of issues identified by the NSF IG.
Antarctic program.--The recommendation fully funds the
requested amount for the Antarctic Infrastructure Modernization
for Science program which follows recommendations for increased
efficiencies included in the U.S. Antarctic Program Blue Ribbon
Panel report, More and Better Science in Antarctica through
Increased Logistical Effectiveness.
EDUCATION AND HUMAN RESOURCES
The Committee recommends $880,000,000 for Education and
Human Resources (EHR), which is the same as fiscal year 2017
and $119,450,000 above the request.
STEM-focused K-12 schools.--The Committee notes that prior
National Research Council and National Science Board reports
have encouraged education researchers and policymakers to give
increased consideration to STEM-focused K-12 schools as an
effective means of increasing STEM literacy. With those reports
in mind, the Committee encourages NSF to work within its
existing programs to promote opportunities for collaboration
between universities or non-profit research institutions and
STEM-focused schools serving K-12 students.
Advanced Technological Education (ATE).--The recommendation
provides no less than the fiscal year 2017 level for the ATE
program.
STEM education.--NSF shall continue to award competitive,
merit-reviewed grants to support STEM education as authorized
by the STEM Education Act of 2015 (Public Law 114-59).
Broadening participation programs.--To broaden the
participation of underrepresented populations in STEM education
programs and, ultimately, the STEM workforce, the
recommendation provides no less than $35,000,000 for the
Historically Black Colleges and Universities Undergraduate
Program; $46,000,000 for the Louis Stokes Alliance for Minority
Participation; $36,530,000 for the Robert Noyce Teacher
Scholarship Program; and $14,000,000 for the Tribal Colleges
and Universities Program. NSF is also encouraged to coordinate
with youth-serving institutions focused on underserved
populations. In addition, over the past several years, this
Committee has encouraged NSF to create a program within EHR to
focus on Hispanic Serving Institutions (HSIs). Such a program
was authorized by section 7033 of the America COMPETES Act
(Public Law 110-69). The Committee reminds NSF that language
was included in Public Law 115-31, the fiscal year 2017
appropriations Act, directing NSF to establish such an HSI
program at no less than $15,000,000. The Committee provides the
same level of funding for fiscal year 2018 and encourages NSF
to use this program to build capacity at institutions of higher
education that typically do not receive high levels of NSF
funding. NSF shall provide a report on this program no later
than 120 days after enactment of this Act that demonstrates
such an investment no later than September 30, 2018.
Innovation Corps.--The recommendation includes no less than
the fiscal year 2017 level for the NSF Innovation Corps program
to support new and existing I-Corps Teams, Sites, and Nodes.
Cybersecurity Research.--The Committee encourages NSF to
form partnerships with Hispanic Serving Institutions and
Historically Black Colleges and Universities with respect to
cybersecurity research.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The Committee recommends $328,510,000 for Agency Operations
and Award Management, which is $1,490,000 below fiscal year
2017 and the same as the request.
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommends $4,370,000, which is the same as
fiscal year 2017 and the same as the request, for the National
Science Board.
Infrastructure.--The Committee is supportive of recent
actions to lower the MREFC threshold but encourages the
National Science Board to consider further changes that would
bridge the gap between the Major Research Instrumentation
program and the MREFC account while also developing processes
appropriate for mid-scale infrastructure, cyberinfrastructure,
and instrument upgrades to be funded through the MREFC account.
The Board shall, in collaboration with the National Academies,
examine these requirements and report to the Committee within
180 days after enactment of this Act regarding its
recommendations on how to address this matter within the
confines of a restricted funding environment.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $15,200,000 for the Office of
Inspector General, which is the same as fiscal year 2017.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The bill includes a provision that establishes thresholds
for the transfer of funds.
The bill includes a new provision regarding notification
prior to acquisition or disposal of certain assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The Committee recommends $9,183,000 for the Commission on
Civil Rights, which is $17,000 below fiscal year 2017 and the
same as the request.
Prioritizing completion of the report titled `A Quiet
Crisis'.--The Committee expects the Commission to prioritize
updating their 2003 report entitled ``A Quiet Crisis: Federal
Funding and Unmet Needs in Indian Country''.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The Committee recommends $363,807,000 for the Equal
Employment Opportunity Commission (EEOC), which is $693,000
below fiscal year 2017 and the same as the request.
Backlog reduction.--The Committee expects the EEOC to
prioritize inventory reduction rather than allocate resources
for systematic changes in which no complaint was filed by an
actual/former employee or applicant. EEOC shall provide an
annual report on the backlog, to include data on the number and
pendency of charges, on any changes to EEOC's priority charge
handling procedures, and the effect of such changes on
inventory reduction.
Conciliation.--The Committee is concerned with the EEOC's
pursuit of litigation absent good faith conciliation efforts.
The Committee directs the EEOC to engage in such efforts before
undertaking litigation.
State and Local Enforcement Assistance.--The Committee
recommends up to $29,500,000 to assist State and local
enforcement agencies. The Committee continues to believe that
none of these funds should be used for tester programs.
International Trade Commission
SALARIES AND EXPENSES
The Committee recommends $92,500,000 for the International
Trade Commission (ITC), which is $1,000,000 above fiscal year
2017 and $4,885,000 above the request.
Cybersecurity.--ITC handles sensitive and proprietary data
and therefore is a potential target for cyber attacks. The
Committee expects ITC to prioritize efforts to improve its
cybersecurity posture. The Committee also encourages ITC to
work with other relevant Federal agencies to inform its
actions.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The Committee recommends $300,000,000 for the Legal
Services Corporation (LSC), which is $85,000,000 below fiscal
year 2017 and $267,000,000 above the request.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The bill continues restrictions on the uses of LSC funding.
None of the funds appropriated in this Act to the LSC shall be
expended for any purpose prohibited or limited by, or contrary
to any of the provisions of, sections 501, 502, 503, 504, 505,
and 506 of Public Law 105-119, and all funds appropriated in
this Act to the LSC shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2017 and 2018, respectively.
Unauthorized uses of funds.--The Inspector General (IG) of
the LSC is encouraged to conduct annual audits of LSC grantees
to ensure that funds are not used in contravention of the
restrictions on engaging in political activities, representing
illegal immigrants, or any of the other restrictions by which
LSC grantees are required to abide. The Committee recommends
the removal of funds from any LSC grantee determined by the IG
to have engaged in unauthorized activity.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee recommends $3,431,000 for the Marine Mammal
Commission, which is the same as fiscal year 2017 and $982,000
above the request.
Office of the United States Trade Representative
The Committee recommends $68,000,000 for the Office of the
U.S. Trade Representative (USTR), which is $6,000,000 above
fiscal year 2017 and $10,400,000 above the request.
SALARIES AND EXPENSES
The Committee recommends $53,000,000 for the salaries and
expenses of USTR, which is $9,000,000 below fiscal year 2017
and $4,600,000 below the request.
China.--The Committee expects that USTR will coordinate and
implement a comprehensive and vigorous strategy to address the
United States' trade imbalance with China. Within the amounts
provided, the USTR is encouraged to maintain staff who can
translate trade documents that USTR receives from China. The
Committee believes that USTR should have its own translators on
staff given the challenges associated with enforcing existing
U.S. trade laws with China.
U.S.-India bilateral trade and investment.--The Committee
notes the importance of U.S.-India bilateral trade and
investment. However, the Committee is concerned that India,
while striving to improve its economic growth, has been
enacting a series of policies to increase domestic
manufacturing and protect domestic industries and agricultural
production that discriminate against U.S. exports and
investment. The Committee is concerned about the standards of
intellectual property protection and forced localization
measures, as well as the unfair treatment by India of U.S.
exports of American-produced boric acid, the illegal rebranding
and smuggling of U.S.-grown almonds into India, and a whole
host of other market access issues. The Committee understands
the Trade Representative has raised these unfair barriers to
trade multiple times with the Indian government and supports
the efforts of USTR to resolve these issues.
Free trade agreements.--The Committee directs USTR to
continue to pursue free trade agreements with additional
countries and trading blocs to continue advancing trade to and
from the United States.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $15,000,000, which is to be
derived from the Trade Enforcement Trust Fund, for trade
enforcement activities authorized by the Trade Facilitation and
Trade Enforcement Act of 2015. No funds were requested from
this Fund.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $5,111,000 for the State Justice
Institute, which is $10,000 less than fiscal year 2017 and same
as the request.
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
(INCLUDING RESCISSIONS)
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employees; (5) reorganizes or renames offices, programs, or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects, or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract made with funds
made available in this Act. The section further provides that
to the extent practicable, with respect to purchases of
promotional items, funds made available under this Act shall be
used to purchase items manufactured, produced, or assembled in
the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 limits the obligation of receipts deposited
into the Crime Victims Fund to $4,632,000,000 during fiscal
year 2018. The language also provides for a tribal set-aside.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs. This provision was requested by the President and has
been included in the bill since 1999.
Section 512 prohibits the transfer of funds made available
in this Act to any department, agency or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this Act or any other
appropriations Act.
Section 513 provides that funds provided in this Act for E
Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered by this section shall consult with the Federal
Bureau of Investigation (FBI) and other relevant agencies when
reviewing supply chain risks and making a determination that
the acquisition is in the national interest. Each department or
agency covered by this section is directed to ensure it is
following the criteria established by the FBI and the National
Institute of Standards and Technology when acquiring or
renewing certain information systems. Each department or agency
covered under this section shall submit a quarterly report to
the Committees on Appropriations of the House and Senate
describing reviews and assessments of risk made pursuant to
this section and any associated findings or determinations.
Section 515 prohibits the use of funds made available in
this Act to support or justify the use of torture by any
official or contract employee of the United States Government.
Section 516 permanently prohibits the use of funds to
require certain export licenses.
Section 517 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 518 prohibits the use of funds made available in
this Act to include certain language in trade agreements.
Section 519 prohibits the use of funds made available in
this Act to authorize or issue a national security letter (NSL)
in contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 520 requires congressional notification regarding
any project within the Departments of Commerce or Justice, the
National Science Foundation or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 521 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2018 until the enactment of the Intelligence Authorization Act
for fiscal year 2018.
Section 522 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
(RESCISSIONS)
Section 523 provides for rescissions of unobligated
balances from the Departments of Commerce and Justice.
Section 524 prohibits the use of funds made available in
this Act for the purchase of first class or premium air travel
in contravention of certain Federal travel regulations.
Section 525 prohibits the use of funds made available in
this Act to pay for the attendance of more than 50 department
or agency employees, who are stationed in the United States, at
any single conference outside the United States, unless the
conference is a law enforcement training or operational event
where the majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 526 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to or
within the United States, its territories, or possessions.
Section 527 prohibits the use of funds in this or any other
Act to construct, acquire, or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at United
States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or control of the
Department of Defense.
Section 528 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 529 prohibits the use of funds made available in
this Act by the National Aeronautics and Space Administration
(NASA) or the Office of Science and Technology Policy (OSTP) to
engage in bilateral activities with China or a Chinese-owned
company unless the activities are authorized by subsequent
legislation or NASA or OSTP after consultation with the Federal
Bureau of Investigation have made a certification pursuant to
subsections (c) and (d) of this section.
Section 530 permanently prohibits funds from being used to
deny the importation of shotgun models if no application for
the importation of such models, in the same configuration, had
been denied prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Section 531 prohibits the use of funds made available in
this Act to establish or maintain a computer network that does
not block pornography, except for law enforcement or victim
assistance purposes.
Section 532 requires each department and agency funded in
the bill to submit spending plans.
Section 533 prohibits funds made available by this Act to
implement the Arms Trade Treaty until the Senate approves a
resolution of ratification.
Section 534 requires a quarterly report from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation on official travel to
China.
Section 535 requires not less than 10 percent of the funds
provided for certain programs be provided to persistent poverty
counties.
Section 536 prohibits funds to approve the registration,
renewal, or maintenance of the registration of a mark, trade
mark, trade name, or commercial name when the mark, trade mark,
trade name, or commercial name was unlawfully confiscated in
Cuba.
Section 537 prohibits funds from being used to require a
person licensed under section 923 of title 18, United States
Code, to report information to the Department of Justice
regarding the sale of multiple rifles or shotguns to the same
person.
Section 538 allows States to bring a civil action against
the United States to restore the sovereignty reserved to the
States by the Constitution.
Section 539 prohibits funds to move a Bureau of Alcohol,
Tobacco, Firearms, and Explosives facility.
Section 540 prohibits funds to enter into a civil
settlement agreement on behalf of the United States that
includes certain donations.
Section 541 prohibits funds for implementing or enforcing
the designation of critical habitat for Atlantic Sturgeon in
the Chesapeake Bay watershed.
Section 542 prohibits funds for the Equal Employment
Opportunity Commission for collection of information as set
forth in the notice published July 14, 2016.
SPENDING REDUCTION ACCOUNT
Section 543 establishes a Spending Reduction Account.
HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
Full Committee Votes
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Department of Commerce
Economic Development Assistance Programs.......... $47,000,000
National Oceanic and Atmospheric Administration, 20,000,000
Operations, Research, and Facilities.............
Department of Justice
Working Capital Fund.............................. 409,834,000
Legal Activities, Assets Forfeiture Fund.......... 304,000,000
Federal Bureau of Investigation, Fees............. 195,000,000
Federal Bureau of Investigation, Salaries and 53,365,000
Expenses.........................................
State and Local Law Enforcement
Assistance Office on Violence Against Women, 17,500,000
Violence Against Women Prevention and
Prosecution Programs.........................
Office of Justice Programs.................... 60,000,000
Community Oriented Policing Services.......... 17,500,000
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfers of funds provided in the accompanying bill:
In title I, under Bureau of the Census, Periodic Censuses
and Programs, language is included to transfer funds to the
Department of Commerce, Office of Inspector General.
Under U.S. Patent and Trademark Office, Salaries and
Expenses, language is included to transfer funds to the Civil
Service Retirement and Disability Fund, the Federal Employees
Health Benefit Fund, the Federal Employees Group Life Insurance
Fund, and the Department of Commerce, Office of Inspector
General.
Under National Institute of Standards and Technology,
Scientific and Technical Research and Services, language is
included allowing for transfers to the Working Capital Fund.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included to
transfer funds from the Promote and Develop Fishery Products
and Research Pertaining to American Fisheries fund.
Under National Oceanic and Atmospheric Administration,
Procurement, Acquisition, and Construction, language is
included to transfer funds to the Department of Commerce,
Office of the Inspector General.
Under Renovation and Modernization, language is included
allowing for the transfer of funds.
Section 103 provides for the transfer of funds between
Department of Commerce appropriations in certain circumstances.
In title II, under General Administration, Justice
Information Sharing Technology, language is included allowing
for the transfer of funds.
Under General Administration, Executive Office for
Immigration Review, language is included to transfer funds to
the Executive Office for Immigration Review from fees deposited
in the Immigration Examinations Fee account.
Under Legal Activities, Salaries and Expenses, Community
Relations Service, language is included allowing for the
transfer of funds in certain circumstances.
Under United States Marshals Service, Federal Prisoner
Detention, language is included transferring available
unobligated balances from General Administration, Detention
Trustee to this account.
Under National Security Division, Salaries and Expenses,
language is included allowing for the transfer of funds in
certain circumstances.
Under Federal Prison System, Salaries and Expenses,
language is included to allow the transfer of funds to the
Department of Health and Human Services.
Under State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included to allow the
transfer of funds in certain circumstances.
Under State and Local Law Enforcement Activities, Public
Safety Officer Benefits, language is included to allow the
transfer of funds in certain circumstances.
Under State and Local Law Enforcement Activities, Community
Oriented Policing Services, Community Oriented Policing
Services Programs, language is included transferring funds to
the Drug Enforcement Administration.
Section 205 provides language for the transfer of funds
between Department of Justice appropriations in certain
circumstances.
Section 212 provides language for the transfer of funds
between certain grant funds and the National Institute of
Justice and the Bureau of Justice Statistics.
Section 213 provides language for the transfer of funds
between certain grant funds for tribal criminal justice
assistance.
In title III, under National Aeronautics and Space
Administration, Administrative Provisions, language is included
allowing for the transfer of funds among appropriations.
Under National Science Foundation, Administrative
Provisions, language is included allowing for the transfer of
funds among appropriations.
Under United States Trade Representative, Trade Enforcement
Trust Fund, language is included providing for the transfer of
funds.
Under General Provisions, Section 508 provides for the
transfer of funds in certain circumstances, and Section 523
provides for transfers into the Department of Justice Working
Capital Fund.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Compliance With Rule XIII, CL. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee notes that the
accompanying bill does not propose to repeal or amend a statute
or part thereof.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
Language is included for a number of accounts placing
limitations on representation and reception allowances in order
to restrict the amount of money that would otherwise be spent
on these activities. The bill also provides that a number of
appropriations shall remain available for obligation beyond the
current fiscal year. While these provisions are not
specifically authorized for all of the items, it is deemed
desirable to include such language for certain programs in
order to provide for orderly administration and effective use
of funds.
In title I, Department of Commerce, under International
Trade Administration, Operations and Administration, language
is included providing that funds may be used for engaging in
trade promotion activities abroad, including expenses of grants
and cooperative agreements, for the purposes of promoting
exports of U.S. firms. Language is also provided allowing for
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration; employment
of Americans and aliens by contract for services; rental of
space abroad and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; and payment of tort
claims. In addition, language is included regarding official
representation expenses abroad, purchase of passenger motor
vehicles for official use abroad, obtaining insurance on
official motor vehicles, and rental of tie lines. Language is
also recommended deriving a portion of available funds from
fees. Furthermore, language is included designating funding for
China antidumping and countervailing duty enforcement and
compliance activities. Moreover, language is included providing
for two-year availability of funds. Finally, language is
included regarding the contributions under the Mutual
Educational and Cultural Exchange Act of 1961.
Under Bureau of Industry and Security, Operations and
Administration, the language provides for no-year availability
of funds. Language is included regarding the costs associated
with the performance of export administration field activities
both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for
services abroad; payment of tort claims; official
representation expenses abroad; awards of compensation to
informers; and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use without
regard to any price limitation established by law. In addition,
language is included regarding the Mutual Educational and
Cultural Exchange Act of 1961. Finally, language is recommended
providing that payments and contributions collected and
accepted for materials or services may be retained for use in
covering the cost of those activities and other communications.
Under Economic Development Administration, Economic
Development Assistance Programs, the language provides for no-
year availability of funds.
Also, under Salaries and Expenses, language is included
regarding the monitoring of approved projects.
Under Minority Business Development Agency, Minority
Business Development, language is included making funds
available for fostering, promoting, and developing minority
business enterprises, including expenses of grants, contracts
and other agreements.
Under Bureau of Economic Analysis, Salaries and Expenses,
language is included providing for two-year availability of
funds.
Under Bureau of the Census, Current Surveys and Programs,
language is included providing that funds may be used for
collecting, compiling, analyzing, preparing and publishing
statistics and for promotion, outreach and marketing
activities. Language is also included requiring the collection
of certain data in a certain survey.
Also, under Periodic Censuses and Programs, language is
included providing two-year availability of funds. Language is
also included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities. In addition,
language is included providing for a transfer to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the Bureau of
the Census. Finally, language is included withholding funds for
certain Census information technology projects until the Bureau
submits an expenditure plan.
Under National Telecommunications and Information
Administration (NTIA), Salaries and Expenses, language is
included permitting the Secretary of Commerce to charge Federal
agencies for costs in spectrum management, analysis,
operations, and related services; and to use such collections
in telecommunications research. The language also allows the
Secretary to retain and use as offsetting collections all funds
transferred, or previously transferred for telecommunications
research, engineering and activities by the Institute for
Telecommunication Sciences of NTIA. Finally, language is
included providing that funds so transferred shall remain
available until expended.
Also, under Public Telecommunications Facilities, Planning
and Construction, language is included allowing recoveries and
unobligated balances of funds previously appropriated to be
available for the administration of all open grants until their
expiration.
Under United States Patent and Trademark Office, Salaries
and Expenses, language is included providing that appropriated
funds be reduced as offsetting collections are assessed and
collected. Language is including making funds available until
expended and providing that funds received in excess of
appropriations be deposited in a Patent and Trademark Fee
Reserve fund, to be available until expended pursuant to the
Director submitting a spending plan subject to section 505 of
this Act, after which the funds shall be transferred to the
Salaries and Expenses account. In addition, language is
included limiting representation expenses. Language is also
included regarding basic pay and certain retirement benefits.
Additional language is included regarding USPTO's financial
statements. Furthermore, language is included providing that
fees and surcharges charged are available to USPTO pursuant to
section 42(c) of title 35, United States Code. Finally, the
language provides that an amount be transferred to the Office
of Inspector General (OIG).
Under National Institute of Standards and Technology
(NIST), Scientific and Technical Research and Services,
language is included providing for no-year availability of
funds. In addition, language is included allowing transfers to
the Working Capital Fund. Language is included limiting funds
for official reception and representation expenses. Finally,
language is included allowing NIST to provide local
transportation for a certain fellowship program.
Also, under Industrial Technology Services, language is
included providing no-year availability of funds. The language
also designates an amount for the Manufacturing Extension
Partnership and the National Network for Manufacturing
Innovation.
In addition, under Construction of Research Facilities,
language is included providing for no-year availability of
funds. Language is also included regarding the submission of
certain materials in support of construction budget requests.
Under National Oceanic and Atmospheric Administration
(NOAA), Operations, Research, and Facilities, language is
included allowing for two-year availability for funds, except
for cooperative enforcement funds, which are available for
three years. Language is also included allowing maintenance,
operation, and hire of aircraft and vessels; grants, contracts,
or other payments to nonprofit organizations for the purposes
of conducting activities pursuant to cooperative agreements;
and relocation of facilities. Language is included allowing
fees and donations received by a particular office to be
retained and used for expenses related to certain activities.
In addition, language is included that provides that certain
funds be derived from various sources and restricting their use
to certain activities. Moreover, language is included
specifying that deviations from amounts included in the report
accompanying the Act shall be subject to section 505 of this
Act. Finally, language is included providing for retired pay
expenses.
Also, under Procurement, Acquisition and Construction,
language is included providing for three-year availability for
funds, except for construction funds, which are available until
expended. Language is also included providing that certain
funds be derived from various sources. In addition, language is
included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Language is included regarding the submission of
certain materials in support of construction budget requests.
Language is included transferring an amount to the OIG.
In addition, under Pacific Coastal Salmon Recovery,
language is included providing for two-year availability of
funds. Language is also included allowing the Secretary of
Commerce to issue grants to specific States and Federally
recognized tribes for conservation projects for listed
endangered or threatened salmon and steelhead populations,
populations at risk to be so listed, and for maintaining
populations necessary for the exercise of tribal treaty fishing
rights, and for conservation of Pacific coastal salmon and
steelhead habitat, to be allocated under scientific and merit
principles and not available for marketing activities; and
requiring a State match.
Furthermore, under Fishermen's Contingency Fund, language
is included providing for the appropriation of funds to be
derived from receipts collected pursuant to Title IV of Public
Law 95-372 and provides that these funds are available until
expended.
Moreover, under Fisheries Finance Program Account, language
is included placing limitations on individual fishing quota
loans and traditional direct loans.
Under Departmental Management, Salaries and Expenses,
language is included limiting funds for official reception and
representation expenses.
Under Renovation and Modernization, language is included
making funds available until expended for renovations of a
certain building and allowing funding to be transferred into
the account in certain circumstances.
Under Department of Commerce, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 101 makes funds available for advanced payments
only upon certification of officials designated by the
Secretary that such payments are considered to be in the public
interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for services,
and for uniforms and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requiring notification to the Committee of certain actions.
Section 104 extends Congressional notification requirements
for NOAA satellite programs and includes life cycle cost
amounts for certain satellites.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides the Administrator with the authority
to avail NOAA of needed resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging customers for certain publications,
except under certain conditions and requires charges be limited
to recovering costs.
Section 109 authorizes NOAA to receive payments from other
entities to defray some costs of permitting and regulatory
activities.
In title II, Department of Justice, under General
Administration, Salaries and Expenses, language is included
providing for an amount for security and construction of
Department of Justice facilities, which shall remain available
until expended.
Also, under Justice Information Sharing Technology,
language is included providing that funds be available until
expended. Language is also included allowing transfers up to a
certain amount to this account for information technology
initiatives, and that these funds to be transferred subject to
requirements in this Act and shall be available until expended
an amount for security and construction of Department of
Justice facilities, which shall remain available until
expended.
In addition, under Executive Office for Immigration Review,
language is included providing that an amount shall be derived
by transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee'' account.
Language is also included making an amount available until
expended for certain purposes.
Moreover, under Office of Inspector General, language is
included providing for not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
Under United States Parole Commission, Salaries and
Expenses, language is included providing that upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Under Legal Activities, Salaries and Expenses, General
Legal Activities, language is included providing not to exceed
a certain amount for expenses of collecting evidence, to be
expended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General. Language is
also included providing for the administration of pardons and
clemency petitions. Language is also included providing for
rental of space in the District of Columbia. Language is
included making an amount available until expended for
litigation support contracts. In addition, language is included
making certain funds available to INTERPOL available until
expended. Also, language is included limiting the amount of
funds for official representation and reception expenses
available to INTERPOL Washington. Furthermore, language is
included providing funds to the Civil Rights Division for
expenses associated with election monitoring, authority to
reimburse the Office of Personnel Management for such expenses,
and availability of such funds until expended. Finally,
language is included for expenses associated with processing
cases under the National Childhood Vaccine Injury Act of 1986.
Also, under Salaries and Expenses, Antitrust Division,
language is included providing for no-year availability of
funds and the use of offsetting collections. The language also
provides that fees collected for premerger notification
filings, regardless of the year of collection, shall be
retained and used for necessary expenses in this appropriation,
and shall remain available until expended.
In addition, under Salaries and Expenses, United States
Attorneys, language is included regarding inter-governmental
and cooperative agreements and limiting funds for official
reception and representation expenses. Language is also
included extending the availability of certain funds. Finally,
language is included requiring each United States Attorney to
establish or participate in a task force on human trafficking.
Furthermore, under United States Trustee System Fund,
language is included regarding refunds due depositors. Language
is also included providing for the extended availability of
certain funds and the use of offsetting collections.
Moreover, under Fees and Expenses of Witnesses, language is
included regarding contracts for the procurement and
supervision of expert witnesses. In addition, language is
included regarding funds for construction of buildings for
safesites, armored and other vehicles, and telecommunication
equipment. The language also provides for no-year availability
of funds. In addition, language is included providing no funds
may be transferred pursuant to section 205 of this Act.
And under Salaries and Expenses, Community Relations
Service, language is included regarding the transfer of funds
for conflict resolution and violence prevention activities,
which shall be subject to the provisions of section 505 of this
Act.
Under United States Marshals Service, Salaries and
Expenses, language is included limiting official reception and
representation expenses, and providing for no-year availability
for part of the appropriation.
Also, under Construction, language is included providing
for no-year availability of funds.
In addition, under Federal Prisoner Detention, language is
included providing for no-year availability of funds. Language
is also included providing that the United States Marshals
Service shall be responsible for managing the Justice Prisoner
and Alien Transportation System. In addition, language is
included limiting the amount of funds considered ``funds
appropriated for State and local law enforcement assistance''.
Finally, language is included transferring to this account
unobligated balances from funds appropriated in prior years to
the Detention Trustee.
Under National Security Division, Salaries and Expenses,
language is included providing for the no-year availability of
funds for IT systems. Language is also included providing that
upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of
the National Security Division, the Attorney General may
transfer such amounts to this heading from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances. The language provides such a transfer be treated
as a reprogramming under section 505 of this Act.
Under Interagency Law Enforcement, Interagency Crime and
Drug Enforcement, language is included providing for no-year
availability for some of the funds. Language is also included
regarding authorities under which funds may be used.
Under Federal Bureau of Investigation, Salaries and
Expenses, language is included providing for no-year
availability of certain funds. Language is included providing
for a limitation on representational expenses.
Under Construction, language is included specifying the
purpose of the appropriation and making it available until
expended.
Under Drug Enforcement Administration, Salaries and
Expenses, language is included providing for funds to meet
unforeseen emergencies of a confidential character. Language is
also included allowing conduct of drug education and training
programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs. In
addition, language is included providing for no-year
availability of certain funds. Finally, language is included
providing for a limitation on representational expenses.
Under Bureau of Alcohol, Tobacco, Firearms and Explosives,
Salaries and Expenses, language is included allowing training
of State and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection, and allowing provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement. Language is also included limiting
official reception and representation expenses. In addition,
language is included providing funds for the payment of
attorneys' fees. Additional language is included prohibiting
expenses to investigate or act upon applications for relief
from Federal firearms disabilities under section 925(c) of
title 18, United States Code. Language is further included
regarding expenses to investigate applications filed by
corporations for relief from section 925(c) of title 18, United
States Code. In addition, language is included providing for
no-year availability of certain funds. Moreover, language is
included that prohibits funds to transfer the functions,
missions or activities of ATF to other agencies or departments.
Under Federal Prison System, Salaries and Expenses,
language is included that provides for the transfer to the
Department of Health and Human Services funds necessary for
medical relief for inmates. Language is also included that
provides authority to the Director to enter into contracts to
furnish health care. In addition, language is included placing
a limitation on funds for reception and representation
expenses. Furthermore, language is included extending the
availability of certain funds. Finally, language is included
providing authority for the Federal Prison System to accept
donated property and services.
Also, in Building and Facilities, language is included
providing for no-year availability of funds. Language is also
included stating labor of prisoners may be used for work under
this heading.
Additionally, under Federal Prison Industries,
Incorporated, language is included authorizing Federal Prison
Industries, Incorporated, to make such expenditures, within the
limits of funds and borrowing authority available, and in
accord with the law, and to make such contracts and
commitments, without regard to fiscal year limitations, as may
be necessary in carrying out the program set forth in the
budget for the current fiscal year for such corporation.
Furthermore, under Limitation on Administrative Expenses,
Federal Prison Industries, Incorporated, language is included
making available funds for its administrative expenses, and for
certain services, to be computed on an accrual basis to be
determined in accordance with the corporation's current
prescribed accounting system, and such amounts shall be
exclusive of depreciation, payment of claims, and expenditures
which such accounting system requires to be capitalized or
charged to cost of commodities acquired or produced, including
selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Under State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included making funds
available until expended. Language is also included placing a
limitation on funds to be made available for expenses related
to evaluation, training, and technical assistance. In addition,
language is included providing for specific appropriations for
various programs within the Office on Violence Against Women.
Furthermore, language is included making available certain
unobligated balances for specified programs. The language also
applies certain conditions to specified grants. It provides for
certain funds to be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of Justice
Programs.
Under Office of Justice Programs, Research, Evaluation and
Statistics, language is included to provide for no-year
availability of funds. Language is also included to provide for
specific appropriations for various programs within the Office
of Justice Programs.
Also, under State and Local Law Enforcement Assistance,
language is included to provide for no-year availability of
funds. Language is also included regarding an Officer Robert
Wilson III Memorial Initiative on Preventing Violence Against
Law Enforcement Officer Resilience and Survivability
Initiative, domestic radicalization research, juvenile indigent
defense, a National Missing and Unidentified Persons System,
Violent Gang and Gun Crime Reduction, Capital Litigation and
Wrongful Conviction Review, Prison Rape Prevention and
Prosecution, Economic, High-tech, White Collar and Cybercrime
Prevention, and the application of certain sections and special
rules. In addition, language is included regarding Federal
immigration and other detainees housed in State and local
detention facilities. Furthermore, language is included
regarding local government use of funds to increase the number
of law enforcement officers. Language is also included
regarding DNA training and education for law enforcement,
correctional personnel, and court officers. Finally, the
language specifies appropriations for various programs within
the Office of Justice Programs.
In addition, under Juvenile Justice Programs, language is
included providing for no-year availability of funds. Language
is also included waiving a provision of law with respect to
funding for missing and exploited children programs. Finally,
the language delineates certain amounts for various programs
under this heading.
Furthermore, under Public Safety Officer Benefits, language
is included providing for no-year availability of funds.
Language is also included providing for the transfers of funds
in emergent circumstances, which shall be subject to the
provisions of section 505 of this Act.
Under Community Oriented Policing Services, Community
Oriented Policing Services Programs, language is included
providing for no-year availability of funds. Language is also
included requiring that balances available through
deobligations only be available through reprogramming. In
addition, language is included regarding transfers of funds for
anti-methamphetamine activities. There is further language
regarding certain time limitations under the Second Chance Act.
Finally, the language delineates certain amounts for various
programs under this heading.
Under Department of Justice, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of incest, rape or to preserve the
life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the Committee's requirements and
procedures for transfer proposals.
Section 206 prohibits the use of certain funds for
transporting prisoners classified as maximum or high security,
other than to a facility certified by the Bureau of Prisons as
appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of Federal Prison
Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding dual or
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be used
for training and technical assistance and permits up to 3
percent of grant or reimbursement funds made available to that
office to be used for criminal justice research, evaluation and
statistics.
Section 213 provides 7 percent of certain grant and
reimbursement program funds made available to OJP and Community
Oriented Policing Services programs to be used for tribal
criminal justice assistance.
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.
This language is made permanent.
Section 216 places limitation on the obligation of funds
from certain Department of Justice accounts and funding
sources.
In title III, Science, under Office of Science and
Technology Policy, language is included providing that certain
funds be available for reception and representation expenses,
and rental of conference rooms.
Under National Aeronautics and Space Administration,
Science, language is included providing for the two year
availability of funds. Language is also included regarding a
limitation on formulation and development costs of a certain
program with an associated notification requirement and
language is also included concerning a planetary science
mission.
Also, under Aeronautics, language is included providing for
the two year availability of funds.
In addition, under Space Technology, language is included
providing for the two year availability of funds.
Under Exploration, language is included providing for the
multi-year availability of funds. Language is also included
that delineates amounts for program components. Language is
also included describing certain reports and requiring the
inclusion of estimates in future budget requests.
In Space Operations, language is included providing for the
multi-year availability of funds.
Additionally, under Education, language is included
providing for the multi-year availability of funds. Language is
also included delineating amounts for program components.
Under Safety, Security and Mission Services, language is
included providing for the multi-year availability of funds.
Language is also included to limit official reception and
representation expenses.
Under Construction and Environmental Compliance and
Restoration, language is included providing for the multi-year
availability of funds. Language is also included restricting
receipts and expenditures made pursuant to enhanced use lease
arrangements and requiring the inclusion of estimates in future
budget requests.
Under Office of Inspector General, language is included
providing for the multi-year availability of certain funds.
In the Administrative Provisions, language is included
regarding: availability of funds for announced prizes;
limitations on transfers of funds among NASA accounts; and the
submission of a spending plan.
Under National Science Foundation, Research and Related
Activities, language is included that provides for the multi-
year availability of funds. Language is also included that
governs funding availability for polar research and operation
support. In addition, language is included providing that
certain receipts may be credited to this appropriation.
Also, under Major Research Equipment and Facilities
Construction, language is included providing for no-year
availability of funds.
In addition, under Education and Human Resources, language
is included providing for the multi-year availability of funds.
Furthermore, under Agency Operations and Award Management,
language is included regarding contracts for maintenance and
operation of facilities and other services. Language is also
included limiting representation expenses.
Under Office of the National Science Board, language is
included limiting funds for official reception and
representation.
Under Office of Inspector General, language is included
providing for the multi-year availability of certain funds.
Under Administrative Provision, language is included
regarding transfers of funds. Also language is included
requiring the Director to submit notification of certain
activities 30 days in advance.
In title IV, Related Agencies, under Commission on Civil
Rights, Salaries and Expenses, language is included prohibiting
expenses to employ in excess of a specific level of full-time
individuals or to reimburse Commissioners for certain billable
days. Language is also included prohibiting certain
unauthorized activities.
Under Equal Employment Opportunity Commission, Salaries and
Expenses, language is included designating an amount for
payments to State and local enforcement agencies. Language is
also included limiting funds for official reception and
representation expenses. Finally, language is included
authorizing the Chair to accept donations or gifts to carry out
the work of the Commission.
Under International Trade Commission, Salaries and
Expenses, language is included limiting funds for official
reception and representation expenses. Language is also
included providing for no-year availability of funds.
Under Legal Services Corporation, Payment to the Legal
Services Corporation, language is included regarding pay for
officers and employees. Language is also included delineating
amounts for specific programs and regarding authorities to
transfer funds. In addition, language is included designating
the Legal Services Corporation as an agency of the Federal
Government for the purposes of reprogramming.
Under Administrative Provision, Legal Services Corporation,
language is included that prohibits the use of funds for
certain activities.
Under Office of the United States Trade Representative,
Salaries and Expenses, language is included providing for the
no-year availability of some funds. Language is also included
limiting funds for official reception and representation
expenses.
Also, under Trade Enforcement Trust Fund, language is
included regarding certain notifications.
Under State Justice Institute, Salaries and Expenses,
language is included limiting funds for reception and
representation expenses. Language is also included providing
for multi-year availability of certain funds. In addition,
language is included designating the State Justice Institute as
an agency of the Federal Government for the purposes of
reprogramming.
In title V, General Provisions, the following general
provisions that fall within the rule are recommended:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 specifies procedures for the reprogramming of
funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract made with funds
made available in this Act. The section further provides that
to the extent practicable, with respect to purchases of
promotional items, funds made available under this Act shall be
used to purchase items manufactured, produced, or assembled in
the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Section 510 limits the obligation of receipts deposited
into the Crime Victims Fund to $4,632,000,000 during fiscal
year 2018. The language also provides for a tribal set-aside.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds made available
in this Act to any department, agency or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this Act or any other
appropriations Act.
Section 513 provides that funds provided in this Act for E
Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks.
Section 515 prohibits the use of funds made available in
this Act to support or justify the use of torture by any
official or contract employee of the United States Government.
Section 516 permanently prohibits the use of funds to
require certain export licenses.
Section 517 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 518 prohibits the use of funds made available in
this Act to include certain language in trade agreements.
Section 519 prohibits the use of funds made available in
this Act to authorize or issue a national security letter (NSL)
in contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 520 requires congressional notification regarding
any project within the Departments of Commerce or Justice, the
National Science Foundation or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 521 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2018 until the enactment of the Intelligence Authorization Act
for fiscal year 2018.
Section 522 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
Section 523 provides for rescissions of unobligated
balances from the Departments of Commerce and Justice and for
certain transfers.
Section 524 prohibits the use of funds made available in
this Act for the purchase of first class or premium air travel
in contravention of certain Federal travel regulations.
Section 525 prohibits the use of funds made available in
this Act to pay for the attendance of more than 50 department
or agency employees, who are stationed in the United States, at
any single conference outside the United States, unless the
conference is a law enforcement training or operational event
where the majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 526 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to or
within the United States, its territories, or possessions.
Section 527 prohibits the use of funds in this or any other
Act to construct, acquire, or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at United
States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or control of the
Department of Defense.
Section 528 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 529 prohibits the use of funds made available in
this Act by NASA or the Office of Science and Technology Policy
(OSTP) to engage in bilateral activities with China or a
Chinese-owned company unless the activities are authorized by
subsequent legislation or NASA or OSTP after consultation with
the Federal Bureau of Investigation have made a certification
pursuant to subsections (c) and (d) of this section.
Section 530 permanently prohibits funds from being used to
deny the importation of shotgun models if no application for
the importation of such models, in the same configuration, had
been denied prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Section 531 prohibits the use of funds made available in
this Act to establish or maintain a computer network that does
not block pornography, except for law enforcement or victim
assistance purposes.
Section 532 requires each department and agency funded in
the bill to submit spending plans.
Section 533 prohibits funds made available by this Act to
implement the Arms Trade Treaty until the Senate approves a
resolution of ratification.
Section 534 requires a quarterly report from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation on official travel to
China.
Section 535 requires not less than 10 percent of the funds
provided for certain programs be provided to persistent poverty
counties.
Section 536 prohibits funds to approve the registration,
renewal, or maintenance of the registration of a mark, trade
mark, trade name, or commercial name when the mark, trade mark,
trade name, or commercial name was unlawfully confiscated in
Cuba.
Section 537 prohibits funds from being used to require a
person licensed under section 923 of title 18, United States
Code, to report information to the Department of Justice
regarding the sale of multiple rifles or shotguns to the same
person.
Section 538 allows States to bring a civil action against
the United States to restore the sovereignty reserved to the
States by the Constitution.
Section 539 prohibits funds to move a Bureau of Alcohol,
Tobacco, Firearms, and Explosives facility.
Section 540 prohibits funds to enter into a civil
settlement agreement on behalf of the United States that
includes certain donations.
Section 541 prohibts funds for implementing or enforcing
the designation of critical habitat for Atlantic Sturgeon in
the Chesapeake Bay watershed.
Section 542 prohibits funds for the Equal Employment
Opportunity Commission for collection of information as set
forth in the notice published July 14, 2016.
Appropriations Not Authorized by Law
The Committee, in a number of instances, has found it
necessary to recommend funding for ongoing activities and
programs for which authorizations have not been enacted to
date. Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules
of the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
UNAUTHORIZED APPROPRIATIONS
Fiscal Year 2018
(dollars in thousands)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorization level in Appropriations in
Program Last year of last year of last year of Appropriations in
authorization authorization authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Commerce:
International Trade Administration
Operations and Administration
Export Promotion Activities............................... 1996 such sums 264,885 *
Bureau of Industry and Security
Operations and Administration............................... 1994 such sums 34,747 112,500
Economic Development Administration
Salaries and Expenses....................................... 2008 such sums 30,832 36,000
Economic Development Assistance Programs.................... various 140,000
Public Works and Economic Development Act Programs........ 2008 500,000 349,100 (130,000)
Minority Business Development Agency
Minority Business Development............................... n/a n/a n/a 34,000
Bureau of Economic Analysis
Salaries and Expenses....................................... n/a n/a n/a 96,000
National Telecommunications and Information Administration
Salaries and Expenses....................................... 1993 17,900 18,493 30,000
National Institute of Standards and Technology
Scientific and Technical Research and Services.............. 2013 676,700 609,514 660,000
Industrial technology services.............................. 2013 241,709 140,316 105,000
Manufacturing extension partnerships...................... 2013 (165,100) (126,088) (100,000)
Construction of research facilities......................... 2013 121,300 58,874 100,000
National Oceanic and Atmospheric Administration
Operations, Research and Facilities
Oceanic and Atmospheric Research.......................... 1993 1,589,081 202,172 , ??
National Ocean Service.................................... 1993 121,183 150,864 462,646
Coral Reef Conservation................................. 2004 (16,000) (16,000) (26,100)
Costal Zone Management.................................. 1999 (55,300) (52,700) (84,600)
Marine Protection, Research, Preservation & Sanctuaries. 2005 (40,000) (57,958) (52,000)
National Marine Fisheries Services........................ various
Endangered Species Act Activities....................... 1992 6,750
Marine Mammal Protection Act Activities................. 1999 34,768
NOAA Marine Fisheries Program Activities................ 2000 110,470
Interjurisdictional Fisheries Act Grants................ 2012 2,500 1,157 3,000
National Weather Service
Operations and research activities...................... 1993 395,822
Public warning and forecast systems..................... 1993 132,034 , ,
NESDIS
Satellite observing systems activities (NESDIS)......... 1993 336,000 , ,
Data and information services activities................ 1993 39,596 10,300 ,
Mission Support
Executive Direction and Administrative Activities....... 1993 75,750 25,000 208,479
Marine Services......................................... 1993 68,518 61,200 180,614
Aircraft Services....................................... 1993 10,336 9,500 34,232
Procurement, Acquisition and Construction
Office of Marine and Aviation Operations
Fleet modernization and replacement..................... 1997 such sums 8,000 12,878
Pacific Coastal Salmon Recovery............................. 2009 90,000 80,000 65,000
Fisheries Disaster Assistance............................... 2013 such sums n/a 20,000
Departmental Management
Salaries and Expenses....................................... n/a n/a n/a 58,000
Renovation and Modernization................................ n/a n/a n/a 1,000
Office of Inspector General................................. n/a n/a n/a 32,744
Department of Justice:
General Administration
Salaries and Expenses....................................... 2009 181,561 105,805 89,000
Justice Information Sharing Technology...................... 2009 204,152 80,000 30,941
Executive Office for Immigration Review..................... 2009 n/a n/a 504,500
Office of Inspector General................................. 2009 81,922 80,681 95,853
United States Parole Commission
Salaries and Expenses....................................... 2009 12,711 12,570 13,000
Legal Activities
Salaries and Expenses, General Legal Activities............. 2009 764,526 805,655 897,500
Salaries and Expenses, Antitrust Division................... 2009 162,488 157,788 163,980
Salaries and Expenses, United States Attorneys.............. 2009 1,829,194 1,851,336 2,057,252
Salaries and Expenses, Foreign Claims Settlement Commission. 2009 1,429 1,823 2,374
Fees and Expenses of Witnesses.............................. 2009 203,755 168,300 270,000
Salaries and Expenses, Community Relations Service.......... 2009 10,977 9,873 15,000
United States Marshals Service................................ 2009 900,178 954,000 2,801,000
Salaries and Expenses....................................... ? (960,000) (1,255,000)
Construction................................................ ? (4,000) (10,000)
Federal Prison Detention#................................... 2009 1,858,509 1,355,319 (1,536,000)
National Security Division
Salaries and Expenses....................................... n/a n/a n/a 100,000
Interagency Law Enforcement
Interagency Crime and Drug Enforcement...................... 2009 744,593 515,000 526,000
Federal Bureau of Investigation............................... 2009 6,480,608 7,301,191 8,866,642
Salaries and Expenses....................................... ? (7,182,700) (8,814,747)
Construction................................................ ? (153,491) (51,895)
Drug Enforcement Administration
Salaries and Expenses....................................... 2009 1,930,462 1,959,084 2,164,051
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and Expenses....................................... 2009 1,038,939 1,078,215 1,293,776
Federal Prison System......................................... 2009 5,698,292 6,171,561 7,167,948
Salaries and Expenses....................................... ? (5,600,792) (7,070,248)
Buildings and Facilities.................................... ? (575,807) (95,000)
Office on Violence Against Women
Violence Against Women Prevention and Prosecution Programs
Research and Evaluation on Violence against Women......... n/a n/a n/a 3,500
Family Civil Justice...................................... various 16,000
Court Training and Improvements Program................. 2011 5,000 **
Safe Havens Program..................................... 2011 20,000 **
Consolidated Youth-oriented Program....................... various 11,000
Engaging Men and Youth in Prevention.................... n/a n/a n/a
Grants to Assist Children and Youth Exposed to Violence. n/a n/a n/a
Supporting Teens Through Education Program.............. 2011 5,000 **
Services to Advocate and Respond to Youth............... n/a n/a n/a
Research on Violence Against Indian Women................. 2015 1,000 940 1,000
Indian Country--Sexual Assault Clearinghouse.............. n/a n/a n/a 500
Tribal assistance......................................... n/a n/a n/a 4,000
Victims of Trafficking.................................... 2017 45,000 11,000 45,000
Office of Justice Programs
Research, Evaluation and Statistics
Bureau of Justice Statistics.............................. 1995 33,000 32,335 44,500
National Institute of Justice............................. 1995 33,000 58,879 38,500
State and Local Law Enforcement Assistance
Byrne Memorial Justice Assistance Grants.................. 2012 1,095,000 470,000 500,000
Officer Robert Wilson III VALOR Initiative.............. n/a n/a n/a (10,000)
Domestic Radicalization Research........................ n/a n/a n/a (4,000)
Juvenile Indigent Defense............................... n/a n/a n/a (2,000)
NamUS................................................... n/a n/a n/a (2,400)
Violent Gang and Gun Crime Reduction.................... n/a n/a n/a (10,000)
Prison Rape Prevention and Prosecution.................. 2010 40,000 15,000 (15,500)
White Collar Crime Prevention........................... n/a n/a n/a (10,000)
State Criminal Alien Assistance Program................... 2011 950,000 ** 220,000
Adam Walsh Act Implementation............................. 2009 such sums 18,000 20,000
National Sex Offender Public Website...................... n/a n/a n/a 1,000
NICS Initiative........................................... various 73,000
NICS Act Record Improvement Program..................... 2013 125,000 12,000 *
National Criminal History Improvement Program........... 2013 62,500 6,000 *
Comprehensive School Safety Initiative.................... n/a n/a n/a 45,000
Emergency Law Enforcement Assistance...................... 2016 20,000 n/a 10,000
Juvenile Justice Programs
Youth Mentoring Grants.................................... 2007 such sums 75,000
Missing and Exploited Children Programs................... various 72,500
AMBER Alert grants...................................... 2004 * * *
Community Oriented Policing Services
Transfer to DEA for Methamphetamine Lab Cleanups.......... n/a n/a n/a 11,000
Community trust initiative................................ n/a n/a n/a 65,000
Body-worn Camera Partnership............................ n/a n/a n/a (22,500)
Justice Reinvestment Initiative......................... n/a n/a n/a (25,000)
Research and statistics on community trust.............. n/a n/a n/a (7,500)
Byrne Criminal Justice Innovation Program............... n/a n/a n/a (15,000)
Second Chance Act/Offender Reentry........................ 2010 55,000 100,000 68,000
Children of Incarcerated Parents Demo Grants............ n/a n/a n/a (5,000)
Girls in the juvenile justice system.................... n/a n/a n/a (2,000)
Community Teams to Reduce the Sexual Assault Kit (SAK) n/a n/a n/a 45,000
Backlog..................................................
Regional information sharing activities................... 2003 100,000 29,000 35,000
Science:
National Aeronautics and Space Administration
Science..................................................... 2017 5,500,000 5,764,900 5,858,500
Aeronautics................................................. 2017 640,000 660,000 660,000
Space Technology............................................ 2017 686,000 686,500 686,500
Exploration................................................. 2017 4,330,000 4,324,000 4,550,000
Space Operations............................................ 2017 5,023,000 4,950,700 4,676,634
Education................................................... 2017 115,000 100,000 90,000
Safety, Security and Mission Services....................... 2017 2,788,600 2,768,600 2,826,200
Construction and Environmental Compliance and Remediation... 2017 388,000 360,700 486,100
Office of Inspector General................................. 2017 37,400 37,900 37,900
National Science Foundation
Research and Related Activities............................. 2013 6,637,849 5,870,974 6,033,645
Major Research Equipment and Facilities Construction........ 2013 236,764 192,488 77,800
Education and Human Resources............................... 2013 1,041,762 878,799 880,000
Agency Operations and Award Management...................... 2013 363,670 293,780 328,510
Office of the National Science Board........................ 2013 4,906 4,357 4,370
Office of Inspector General................................. 2013 15,049 13,933 15,200
Related Agencies:
Commission on Civil Rights
Salaries and Expenses....................................... 1995 9,500 8,904 9,183
International Trade Commission
Salaries and Expenses....................................... 2004 57,240 58,295 92,500
Legal Services Corporation
Payment to the Legal Services Corporation................... 1980 205,000 300,000 300,000
Marine Mammal Commission
Salaries and Expenses....................................... 1999 1,750 1,240 3,431
Office of the U.S. Trade Representative
Salaries and Expenses....................................... 2004 33,108 41,552 53,000
State Justice Institute
Salaries and Expenses....................................... 2008 7,000 3,760 5,111
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The recommendation does not provide a specific amount for this program.
The National Oceanic and Atmospheric Administration Authorization Act of 1992 (P.L. 102-567) provides authorizations for general categories of
activities, rather than specific programs. Since a program may cut across several authorizations, it is impossible to determine the exact amount of
unauthorized appropriations.
Authorization covers multiple lines in the NOAA control table.
This authorization provides for both procurement and operations activities, but does not provide a breakdown for each.
The authorization authorizes funding for the ``Administrative Review and Appeals'' account, which encompassed the activities of the Executive Office
for Immigration Review and the Office of Pardon Attorney. The recommendation seperates these into different accounts.
? Authorization does not provide amounts for specific accounts within this agency.
# This was formerly the ``General Administration, Detention Trustee'' account.
** The authorization for this program expired in FY2011. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
These programs have been combined into the Consolidated Youth-oriented Program.
The recommendation includes an overall amount for tribal assistance but does not specify amounts for each particular program.
The authorization for this program expired in FY2007. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
Within the Research and Related Activities account, funding for Dyslexia and windstorm research are authorized.
?? The Weather Research and Forecasting Innovation Act of 2017 (P.L. 115-25) authorized Weather and Air Chemistry Research Programs. Other programs are
unauthorized.
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority and outlays provided in the
bill with the appropriate allocations made under section 302(b)
of the Budget Act:
SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) allocation This bill
-----------------------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
General purpose discretionary........... 53,935 64,382 53,935 64,357*
Mandatory............................... 339 350 339 350*
----------------------------------------------------------------------------------------------------------------
* Includes outlays from prior-year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year outlay projections
associated with the budget authority provided in the
accompanying bill, as provided to the Committee by the
Congressional Budget Office:
[In millions of dollars]
------------------------------------------------------------------------
-------------------------------------------------------
Projection of outlays associated with the
recommendation:
2018................................................ 41,940*
2019................................................ 13,325
2020................................................ 3,588
2021................................................ 1,257
2022 and future years............................... 3,990
------------------------------------------------------------------------
* Excludes outlays from prior-year budget authority.
Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments:
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget Authority Outlays
----------------------------------------------------------------------------------------------------------------
Financial assistance to State and local governments for 2018................ -7,541 -194*
----------------------------------------------------------------------------------------------------------------
* Excludes outlays from prior-year budget authority.
Program Duplication
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Directed Rule Making
The bill does not direct any rule making.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
department and agency, comparing the amounts recommended in the
bill with fiscal year 2017 enacted amounts and budget estimates
presented for fiscal year 2018:
MINORITY VIEWS OF REP. NITA M. LOWEY AND REP. JOSE E. SERRANO
We commend Chairman Culberson for his efforts in assembling
the Fiscal Year (FY) 2018 Commerce, Justice, Science (CJS)
bill. However, we remain deeply concerned about this year's
overall appropriations process and are resolutely opposed to
the direction it appears to be headed. One feature of this
flawed process is that the allocation for CJS is a programmatic
cut of more than half a billion dollars below fiscal year 2017.
The agencies and programs funded under the CJS bill play
key roles in securing our nation, promoting economic
development, and ensuring our leadership in scientific
endeavors. Yet the unacceptably low allocation has resulted in
far too many critical priorities underfunded, many quite
substantially, which would hurt hardworking American families.
The bill also lacks necessary oversight over the Trump
Administration and contains several harmful riders.
Before we detail our concerns, we do want to point out some
of the positive investments this bill makes. The Committee bill
rejects several of the Administration's worst proposals,
including its proposed cuts to National Science Foundation
research, the Minority Business Development Agency, and the
National Oceanic and Atmospheric Administration (NOAA)'s Sea
Grant program. Increases are included for Federal law
enforcement and immigration judges. The bill also largely
rejects cuts to the educational efforts of both the National
Science Foundation and the National Aeronautics and Space
Administration (NASA), which help inspire and train our next
generation of scientists. An increase is also provided for
trade enforcement activities at the International Trade
Administration.
However, we are deeply concerned that the bill cuts funding
for so many other critical programs and public investments:
For instance, the Legal Services Corporation (LSC) is cut
by $85 million below 2017. LSC grants help local providers
assist veterans, domestic violence victims, the elderly, and
many others to assert their rights. The LSC plays a crucial
role in ensuring that our legal and constitutional rights are
available to all Americans, not just those who can afford it.
We want to work together to increase the finding for LSC as
this process moves forward.
Programs that conduct crucial climate change research are
also reduced in this bill. There is a 19 percent cut to NOAA
climate research, and NASA's Earth Science program is cut by
$217 million below current levels, and by $50.1 million below
even what the Trump Administration requested. Such funding cuts
would jeopardize our ability to improve the scientific
understanding of our planet and its changes. This, in turn,
would undermine our ability to protect the health and safety of
our communities.
Elsewhere in NOAA, we are pleased the bill provides
adequate funding levels for near-term weather satellites and
for operating expenses of the National Weather Service, though
we are disappointed that the bill approves of the Trump
Administration proposal to cut and consolidate information
technology support personnel based at local weather forecast
offices. Furthermore, the bill severely cuts funding for the
Polar Follow-on future weather satellite program, which if
well-funded could serve as an important insurance policy
against future gaps in weather satellite data. This is vitally
important, as NOAA's polar orbiting weather satellites do not
have on-orbit backups as does the GOES weather satellite
system.
Furthermore, the Committee bill contains a significant cut
to NOAA's overall operations, research, and facilities budget,
including the elimination of the Regional Coastal Resilience
Grant program and a very damaging cut to the Coastal Zone
Management Grants program. These programs fund important work
in coastal and Great Lakes areas, ensuring that states and
communities are prepared to face challenges such as restoring
coastal infrastructure and addressing problems like erosion,
sea level rise, ocean acidification, and marine debris.
The Justice Department is also underfunded in a number of
critical areas. While we appreciate the increase provided for
Byrne Justice Assistance Grants, overall DOJ grants are cut by
more than $167 million below the comparable FY 2017 level. The
bill eliminates funding for hiring in the COPS program, which
supports important police reform and public safety initiatives.
We are also troubled by the proposed elimination of two crucial
juvenile justice grant programs, the State Formula Grants and
Delinquency Prevention Incentive Grants. These grant
eliminations, among others unfunded in the bill, would harm
efforts to reduce crime, promote police-community relations,
and prevent recidivism.
The Census Bureau is also inadequately funded. Although the
Periodic Censuses and Programs account is given the requested
amount in FY 2018, the Trump Administration is proposing to
greatly scale back the important 2020 Census planning and
testing tools that are needed now to prevent higher costs in
the next few years. Without this crucial testing now, in 2020
the initial response rates will drop and costs will rise. In
addition, scaling back early testing greatly increases the risk
of information technology failures like those in the last
decennial census, which would cause significant future cost
overruns. The appropriations bill must not rubber-stamp this
penny-wise and pound-foolish approach; significantly more money
is needed in the short-term for 2020 Census preparation. In
addition, while we appreciate that the bill rejects the Trump
Administration's proposal to scale back the Survey of Income
and Program Participation, we are concerned that the bill
contains other survey budget cuts proposed by the
Administration that will reduce the quality and reliability of
certain surveys, such as the Small Area Health Insurance
Estimates.
President Trump also proposed ending Federal support for
Economic Development Administration programs and the
Manufacturing Extension Partnership program. While the
Committee bill maintained the programs, huge cuts to both would
greatly reduce the tens of thousands of jobs created or
retained each year throughout the country.
While the trade enforcement activities of the International
Trade Administration (ITA) are provided an increase, the bill
cuts funding for ITA overall, including completely eliminating
the SelectUSA program. This program, initiated in the Obama
Administration, is aimed at creating more American jobs by
attracting and facilitating foreign direct investment.
Lastly, we are also troubled that this bill allows several
of the Administration's immigration enforcement priorities to
go forward, including additional attorneys for criminal
immigration prosecution efforts. At best, this is an unwise
choice. Fifty-two percent of criminal prosecutions at DOJ are
already immigration related--further efforts in this area will
intrude upon the other important missions of the Department.
IRRESPONSIBLE GUN RIDERS
We continue to be extremely troubled by the inclusion of
gun-related riders, including one that would effectively
prevent the enforcement of an existing requirement that Federal
firearms licensees (FFLs) in four southwest border states
report to the National Tracing Center on the sale of certain
kinds of semi-automatic rifles favored by the Mexican drug
cartels. This reporting requirement is narrow and targeted,
applying only to the four southwest border states (Texas,
Arizona, New Mexico, and California), and only when a dealer
sells two or more qualifying long guns to a single individual
within five business days. Qualifying guns are rifles that (1)
are semi-automatic; (2) are greater than .22 caliber; and (3)
can hold a detachable magazine. It does not apply to shotguns
or the vast majority of rifles regularly used for hunting
purposes.
This reporting requirement is identical to one that has
existed for decades for handguns, and in no way does it hinder
the ability of any law-abiding person to purchase as many
rifles as he or she desires. It is not an undue burden on FFLs,
with the time to complete a multiple sales form estimated at 12
minutes and an estimated annual cost in employee time of only
$16.
This very limited reporting requirement has proven to be an
important tool for Federal law enforcement in the effort to
uncover illegal trafficking operations intended to supply
semiautomatic weapons to violent drug gangs across the border.
According to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF), these multiple sales reports have thus far
led to more than 300 defendants recommended for prosecution,
including both alleged straw purchasers and others farther up
the firearms trafficking chain. Also according to ATF, the
reporting requirement is forcing firearms traffickers to change
tactics, making straw purchases more difficult and serving as a
deterrent for many people who might have engaged in straw
purchasing in the past.
This is not about restricting gun ownership or compiling a
registry of long gun owners. Information that does not become
part of a trafficking investigation is purged from ATF records
within two years. This is a law enforcement response to the
evidence from successful tracings of weapons recovered in
Mexico. These tracings show that a large number of these
weapons were initially sold by licensed gun dealers in
California, Arizona, New Mexico, or Texas.
In 2013, a unanimous panel of the U.S. Court of Appeals for
the Fifth Circuit affirmed an earlier court finding that
Federal law ``unambiguously authorizes'' this reporting
requirement. This Committee simply has no business tying the
hands of law enforcement agencies as they attempt to rein in
crime.
OTHER IRRESPONSIBLE RIDERS
We are concerned about other inappropriate riders that do
not belong in this bill, including a rider that places
restrictions on the U.S. Patent and Trademark Office (PTO)'s
ability to issue trademarks to Cuban nationals, even in cases
in which a specific license from the Treasury Department's
Office of Foreign Assets Control has been issued. Aside from
meddling in foreign policy and harming our diplomatic efforts
with Cuba, the provision would create a significant
administrative burden on PTO, setting an impossible standard
that PTO itself reports it cannot meet.
COMMITTEE AMENDMENTS
We are disappointed that the majority rejected a number of
amendments made by our side in order to improve the bill. The
Committee did not adopt the Serrano Amendment, which would have
increased funding in a number of critical areas mentioned
above. The investments are necessary for these programs to
effectively help American citizens and businesses.
We are also disappointed that the Committee did not adopt
the Lowey Amendment to allow the Department of Justice to block
the sales of firearms to persons known or suspected to be
engaged in conduct related to terrorism. Currently, Federal law
prohibits nine categories of dangerous people from purchasing
or owning firearms. However, Federal law does not allow the
Attorney General the discretion to block a firearms purchase to
an individual on a terror watch list. There have been
consequences. For example, on November 5, 2009, at Fort Hood 13
people were shot and killed and 30 others wounded by Nidal
Hasan, who passed a background check and bought a handgun even
though he was under investigation by the FBI for links to
terrorism. Allowing the Attorney General the discretion to
block these purchases is a commonsense approach that should be
widely supported.
We are pleased that the amendment to provide additional
funding in DOJ grants and the Crime Victims Fund for tribal
purposes was adopted. The Federal Government has provided
significant support to criminal justice and victim services
programs across the country. However, as is too often the case,
Indian Country has largely been left out of this effort.
Unfortunately, a number of problematic amendments were
adopted in Committee as well. A troubling Republican amendment
was adopted prohibiting the Equal Employment Opportunity
Commission from moving forward with a policy change aimed at
collecting gender and race information from employers. This
data, combined with other information available to the agency,
would help fill a significant void in the information we need
to ensure that American workers are paid fairly for their hard
work, and it would help employers evaluate their own pay
practices so that they can prevent pay discrimination in their
workplaces.
The Committee also adopted an amendment that would
undermine the Endangered Species Act with respect to certain
endangered fish in the Chesapeake Bay watershed. This is a bad
precedent that does not belong on an appropriations bill.
Lastly, we are troubled that the Majority rejected a number
of amendments to ensure accountability in the Executive Branch
and to prevent further interference in the investigation into
Russia's interference in the 2016 election (and related
matters). For instance, we are disappointed that two amendments
were not adopted that would have prevented individuals employed
by the White House from holding security clearances if they are
under criminal investigation by Federal law enforcement or if
they have deliberately omitted a required disclosure of a
meeting with a foreign national on their Standard Form 86.
Similarly, the Committee did not adopt the Lowey Amendment
to prohibit the use of funds to obstruct, hinder, frustrate,
impede, or prevent any investigative work conducted by Special
Counsel Robert S. Mueller. It is imperative that Special
Counsel Mueller's investigation be conducted completely free of
meddling from the White House, the Department of Justice, or
anyone else. The Lowey amendment would have made it clear that
it is unlawful for employees of the Department of Justice or
any other Federal entity to meddle in an investigation that is
critical for Americans' confidence in our democracy and the
institutions of our government.
CONCLUSION
In spite of all our concerns, we would like to reiterate
our appreciation for Chairman Culberson's work with us on a
number of issues. Within the constraints facing the bill, it
funds several of the Minority's priorities. However, the
shortcomings in this and other appropriations bills are many
and very real. We simply cannot support the CJS appropriations
bill in its current form. In addition to our desire to rid the
bill of its harmful riders, it is our firm hope that we will
establish a bipartisan budget framework to increase funding for
domestic investments, including those funded in this bill to
help better secure our communities, create jobs, and support
scientific research that is vital to our economy and quality of
life.
Nita M. Lowey.
Jose E. Serrano.