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Calendar No. 451
115th Congress } { Report
SENATE
2d Session } { 115-275
======================================================================
DEPARTMENTS OF COMMERCE AND JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2019
_______
June 14, 2018.--Ordered to be printed
_______
Mr. Moran, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 3072]
The Committee on Appropriations reports the bill (S. 3072)
making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2019, and for other purposes, reports
favorably thereon and recommends that the bill do pass.
Total obligational authority, fiscal year 2019
Total of bill as reported to the Senate\1\.............. $71,696,406,000
Amount of 2018 appropriations........................... 71,457,936,000
Amount of 2019 budget estimate.......................... 66,084,754,000
Bill as recommended to Senate compared to--
2018 appropriations................................. +238,470,000
2019 budget estimate................................ +5,611,652,000
\1\This level does not include -$8,382,000,000 in adjustments that the
Congressional Budget Office scores to the bill. With these adjustments,
the bill is consistent with the subcommittee's discretionary allocation
of $62,995,000,000.
CONTENTS
----------
Page
Purpose of the Bill.............................................. 3
Summary of the Bill.............................................. 3
Fighting Waste, Fraud, and Abuse................................. 4
Reprogrammings, Reorganizations, and Relocations................. 6
Congressional Budget Justifications.............................. 7
Reporting Requirements........................................... 8
Reductions-in-Force.............................................. 8
Appropriations Liaisons.......................................... 8
Title I: Department of Commerce.................................. 9
Title II: Department of Justice.................................. 63
Title III: Science............................................... 112
Office of Science and Technology Policy...................... 112
National Space Council....................................... 113
National Aeronautics and Space Administration................ 114
National Science Foundation.................................. 129
Title IV: Related Agencies....................................... 138
Commission on Civil Rights................................... 138
Equal Employment Opportunity Commission...................... 138
International Trade Commission............................... 139
Legal Services Corporation................................... 139
Marine Mammal Commission..................................... 140
Office of the United States Trade Representative............. 141
State Justice Institute...................................... 142
Title V: General Provisions...................................... 144
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 147
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of
the Senate..................................................... 149
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 150
Budgetary Impact of Bill......................................... 151
Comparative Statement of Budget Authority........................ 152
Purpose of the Bill
The bill provides funding for: (1) the Department of
Commerce [DOC]; (2) the Department of Justice [DOJ]; (3)
several independent science agencies: the Office of Science and
Technology Policy [OSTP], the National Space Council, the
National Aeronautics and Space Administration [NASA], and the
National Science Foundation [NSF]; and (4) several related
commissions and agencies: the Commission on Civil Rights, the
Equal Employment Opportunity Commission [EEOC], the United
States International Trade Commission [ITC], the Legal Services
Corporation [LSC], the Marine Mammal Commission, the Office of
the United States Trade Representative [USTR], and the State
Justice Institute [SJI].
Summary of the Bill
The total amount of discretionary budget authority
recommended by the Committee for fiscal year 2019 is
$62,995,000,000, which is $3,395,000,000 above the fiscal year
2018 enacted level. The Committee's recommendation is
consistent with the allocation for the Commerce, Justice,
Science, and Related Agencies appropriations bill, and adheres
to the congressional budget agreement and provisions.
While the discretionary budget authority in this bill has
increased from the fiscal year 2018 enacted level, the
Committee proposes to keep many of the programs and activities
relatively flat while making strategic funding increases and
decreases mainly due to necessary preparations to conduct the
Constitutionally mandated Decennial Census and lower receipts
to the Crime Victims Fund [CVF]. Together, these two
programmatic differences account for $2,978,388,000 of the
increased budget authority in this year's bill.
In preparation for the 2020 Census, the Committee proposes
a $1,007,388,000 increase above the fiscal year 2018 enacted
level for the Census Bureau, which is equal to the 2019 budget
request. The Decennial Census is entering a critical
development phase and is currently executing an End-to-End
test. The data from the Census delivers important information
to help facilitate the distribution of billions of dollars in
Federal funding for grants supporting States, counties, and
municipalities; determines the population for congressional
apportionment; and provides valuable data for continued
economic growth.
Additionally, the Committee provides $4,436,000,000 to
victims and for victim services through the CVF, which is equal
to the fiscal year 2018 enacted amount and is above the 3-year
average of deposits, a metric for CVF spending called for by
the Senate Budget Committee. This spending level requires
$1,971,000,000 in additional budget authority in the bill due
to lower receipts coming into the fund during fiscal year 2018.
Nonetheless, the Committee has strived to achieve a careful
balance between the competing priorities of law enforcement,
national security, economic development, scientific research,
and space exploration, while having limited resources.
The Department of Commerce is charged with addressing and
executing several critical functions for our nation, which
include: operating weather satellites and forecasting severe
storms; enforcing trade laws to ensure American businesses can
compete on a level playing field; completing a timely and
accurate Constitutionally required Decennial Census; working
with distressed communities to spur economic development; and
properly managing our Nation's fisheries.
While the bill adopts some of the cost saving measures in
the 2019 budget request, the Committee does not support other
proposed cuts to core programs, such as reductions to advanced
weather forecasting operations and research and STEM education
programs. The administration also proposes to eliminate
important external competitive grant programs that partner with
States and local communities across the Nation, which use
matching funds to maximize any Federal investment. In contrast,
the bill retains many of these grant programs which allow
States and communities to steer financial priorities through a
bottom-up approach instead of Federal agencies driving local
decisions from afar. Additionally, the Committee proposes to
decrease the National Oceanic and Atmospheric Administration's
Procurement, Acquisition and Construction [PAC] resources in
fiscal year 2019 by $484,205,000, which reflects the
anticipated reduced financial need for flagship weather
satellite programs as they are launched and enter the
operational phase.
The changing landscape of criminal activity at home and
abroad tests the Department of Justice's ability to deal with
and adapt to emerging threats. The Committee believes that our
Federal law enforcement agencies must work collaboratively--
particularly in tough budget environments--to focus and
streamline limited resources in a manner that safeguards
taxpayer dollars while preserving public safety. The Committee
provides an approximate 2 percent increase for most Federal law
enforcement components and the United States Attorneys, while
maintaining strong funding for State and local justice grants.
For the science agencies, the Committee sought to build
upon the advances and calculated gains made in the Consolidated
Appropriations Act, 2018 (Public Law 115-141). Rather than
curtail ongoing missions and research, and, for NASA, delay
future exploration for years to come, the Committee attempted
to leverage strategic increases as well as reductions so that
NASA and NSF are able to achieve balanced and cost-effective
operations. These efforts not only lead to scientific
breakthroughs and technological advances, but continue to
inspire and harness the excitement of our future science and
business leaders.
Fighting Waste, Fraud, and Abuse
The departments, agencies, boards, and commissions funded
in this bill can and should continue to reduce operating
expenses by placing greater scrutiny on overhead costs. Savings
can and should be achieved by reducing non-essential travel,
office supply, rent, and utility costs. The Committee also
calls on departments, agencies, boards, and commissions funded
in this bill to continue to achieve savings by lowering travel
contractor costs related to air fares. The Committee continues
longstanding restrictions on first class travel.
The Committee is extremely concerned about the persistent
pattern of cost overruns and schedule slippages on major
projects and missions carried out by the agencies within this
bill. In addition, reports have exposed a culture within many
agencies that exhibits a lack of accountability and oversight
of grant funding. Therefore, the Committee has continued bill-
wide provisions to ensure greater oversight and fiscal
responsibility of taxpayer dollars.
First, the bill requires each agency to notify the
Committee immediately upon identification of program cost
overruns greater than 10 percent.
Second, the bill requires the Inspectors General of the
Departments of Commerce and Justice, NASA, NSF, and the Legal
Services Corporation to conduct reviews of grant and contract
funds to ensure funds are being spent appropriately. For
projects with persistent accountability issues, such as the
Decennial Census and weather satellites, special funding is
provided for additional Inspector General scrutiny.
Third, the bill requires all departments and agencies to
link all contracts that provide award fees to successful
acquisition outcomes, and prohibits funds to pay for award or
incentive fees for contractors with below satisfactory
performance.
The Committee also supports long-standing provisions that
were once solely included in this bill but have since become
government-wide provisions. These include: requiring each
department, agency, board, and commission funded in this act to
report spending on large conferences to the Inspectors General
for audit; requiring all departments and agencies funded in
this act to provide full access to documents and data for their
respective Inspectors General to conduct investigations and
audits; and prohibiting funds from being used for contracts,
memoranda of understanding, cooperative agreements, grants, or
loan activities if the proposed recipient has unpaid Federal
tax liabilities or was convicted of a felony criminal
violation.
Finally, the Committee intends to continue to work with the
Government Accountability Office [GAO] to expand the review of
selected large-scale acquisition and construction projects.
Specifically, the Committee directs ongoing GAO reviews of
large NASA projects, major research equipment and facilities
construction at the National Science Foundation, and separate
reviews of the James Webb Space Telescope, with reports to the
Committee on a biannual basis.
Agencies shall provide access to all necessary data, as
determined by GAO, in order for these reviews to be completed
and provided to the Committee in a timely manner. The Committee
believes that these project status reports are valuable in
identifying cost overrun and schedule slippage problems early
so they can be addressed immediately and has used information
in the reviews to develop this recommendation.
Representation Funds.--The Committee has reduced official
reception and representation funds by 25 percent since fiscal
year 2011. Modest representation funds are included for agency
executives to provide necessary courtesies to our diplomatic
partners and hold events to honor fallen officers, or to mark
historic occasions such as space exploration missions or
significant discoveries. However, savings can and should be
achieved by reducing the costs of executive meetings,
receptions, ceremonies, and conferences, and by purchasing
fewer promotional items such as T-shirts, hats, mugs, key
chains, and other similar items.
Federal Vehicle Fleet Management.--The General Services
Administration [GSA] issues guidance on Federal fleet
management, but the Federal vehicle fleet is decentralized,
with each agency maintaining flexibility to manage vehicle
utilization as appropriate. In order to provide better
transparency and accountability of funding for Federal
vehicles, the Committee directs agencies funded in this bill to
conduct an annual review of fleet utilization during the third
quarter of each fiscal year and provide their corresponding
Offices of Inspectors General [OIGs] with supporting
documentation on the method used for determining optimal fleet
inventories and justification for any deviation from GSA's
Federal Property Management Regulations. OIGs shall be
responsible for conducting annual audits of fleet management
practices and make the subsequent results for non-law
enforcement sensitive agencies publicly available.
Reducing Duplication and Improving Efficiencies.--The
Committee directs each agency funded in this bill to report to
the Committee, within 1 year of enactment of this act, on all
efforts made to address the duplication of Federal programs
identified by annual GAO reports along with identifying
substantive challenges and legal barriers to implementing GAO's
recommendations, along with suggested legislative
recommendations that could help the agency to further reduce
duplication.
Reprogrammings, Reorganizations, and Relocations
Section 505, contained in the ``General Provisions'' of
Title V, provides procedures for the reprogramming of funds. To
reprogram is to change the use of funds from the specific
purposes provided for in the act and the accompanying report
or, in the absence of direction from the Committee, from the
specific purposes provided for in the administration's budget
request. Each title of the bill has also traditionally included
separate provisions that define permissible transfers of
resources between appropriation accounts. These transfer
authority provisions are also pursuant to section 505 and were
initiated in the early 1990s to provide additional flexibility
to the agencies under the subcommittee's jurisdiction.
The Committee expects each department and agency to closely
follow the reprogramming procedures listed in section 505.
These procedures apply to funds provided under this act,
provided under previous appropriations acts that remain
available for obligation or expenditure in fiscal year 2019, or
provided from any accounts in the Treasury available to the
agencies funded by this act. Section 505 requires that the
Committee on Appropriations be notified by letter, at least 15
days prior to reprogramming of funds, whether permanent or
temporary, in excess of $500,000 or 10 percent, whichever is
less, between programs, projects, or activities. Section 505 of
this act is also applicable in cases where funding for an
activity is reduced by 10 percent. In addition, the Committee
is to be notified of reprogramming actions which are less than
these amounts if such actions would have the effect of:
committing the agency to significant funding requirements in
future years; increasing funds or personnel by any means for
any program, project, or activity for which funds have been
previously denied or restricted by Congress; creating new
programs, offices, agencies, or commissions or substantially
augmenting existing programs, offices, agencies, or
commissions; relocating offices or employees; or reorganizing
offices, programs, or activities.
The Committee also expects that any items that are subject
to interpretation will be reported. The Committee expects that
each department and agency funded in the bill will follow these
notification policies precisely and will not reallocate
resources or reorganize activities prior to submitting the
required notifications to the Committee. Reprogramming or
transfer requests shall be submitted only in the case of an
unforeseen emergency or situation that could not have been
anticipated when formulating the budget request for the current
fiscal year.
Congressional Budget Justifications
The Committee directs that all departments and agencies
funded within this bill shall submit all of their fiscal year
2020 budget justifications concurrently with the official
submission of the administration's budget to Congress. Further,
all departments and agencies with classified programs funded
within this act are directed to submit their classified budget
justification documents to the Committee, through appropriate
means, at the same time the unclassified budget justifications
are transmitted.
These justifications shall include a sufficient level of
detailed data, exhibits, and explanatory statements to support
the appropriations requests, including tables that outline each
agency's programs, projects, and activities for fiscal years
2019 and 2020. For example, when requesting an enhancement of
resources, the justification should detail the existing program
and what the new resources would buy. The Committee directs the
chief financial officer of each department or agency funded in
this act's jurisdiction to ensure that adequate justification
is given to each increase, decrease, and staffing and function
change proposed in the fiscal year 2020 budget, particularly
within the departmental operations and management accounts.
The Committee expects that the fiscal year 2020 submissions
will include sufficient detail to justify all programs,
projects, and activities contained in each department, agency,
or commission budget request. Budget justifications are
prepared not for the use of the agencies but are the primary
tool of the Committee to evaluate the resource requirements and
proposals requested by the administration.
Reporting Requirements
The Committee directs the departments and agencies funded
in this bill to submit reports by the deadlines detailed herein
or to provide advance notification if there is sufficient
reason why deadlines cannot be met, along with the expected
date of submission.
The Committee also recognizes that some enduring reporting
requirements from previous Appropriations laws may no longer be
necessary for Congressional oversight purposes. In the interest
of reducing government waste and expediting responses to
current report mandates, each department or agency is invited
to submit a list of reporting requirements that it considers
outdated or no longer relevant for the review of the Committees
on Appropriations. Any list submitted for review shall cite the
original authority as well as a justification for eliminating
each reporting requirement.
Reductions-in-Force
The Committee directs departments or agencies funded in the
accompanying bill that are planning to conduct a reduction-in-
force to notify the Committee in writing 30 days in advance of
the date of the proposed personnel action.
Appropriations Liaisons
The Committee prefers to channel the majority of its
inquiries and requests for information and assistance through
the budget offices or comptroller offices of the departments
and agencies which it oversees but reserves the right to call
upon any individual or organization in any agency under its
jurisdiction.
TITLE I
DEPARTMENT OF COMMERCE
The Committee recommends a total of $11,571,798,000 for
DOC. The recommendation is $434,560,000 above the fiscal year
2018 enacted level and $1,774,921,000 above the budget request.
The Department of Commerce is responsible for a variety of
activities critical to our Nation's well-being, including
economic development, intellectual property protection,
standards and measurements, trade enforcement, weather
forecasting, and fisheries management. Our Nation relies on the
Department to maintain America's competitiveness within today's
foreign markets while promoting and expanding international
trade opportunities. The Department brings together a diverse
set of bureaus, specialized experts, research laboratories, and
applied technology programs to support and expand opportunities
for growth in the private sector. Few departments have such
potential to directly impact the strength and sustainability of
our communities and local businesses.
International Trade Administration
OPERATIONS AND ADMINISTRATION
Appropriations, 2018.................................... $495,000,000
Budget estimate, 2019................................... 451,147,000
Committee recommendation................................ 499,000,000
The Committee's recommendation provides $499,000,000 for
the International Trade Administration [ITA]. The
recommendation is $4,000,000 above the fiscal year 2018 enacted
level and $47,853,000 above the budget request. The
discretionary appropriation is offset by $11,000,000 in fee
collections.
Offsetting Fee Collections.--ITA shall continue to identify
and include an accurate assessment of expected fee collections
and corresponding expenditures in its fiscal year 2019 spending
plan and in its fiscal year 2020 budget request.
Trade Enforcement.--The Committee provides $4,000,000 above
the fiscal year 2018 enacted level for the Office of
Enforcement and Compliance. ITA should make enforcement of
antidumping and countervailing duties [AD/CVD] a priority,
including thoroughly investigating dumping and subsidies
causing injury to domestic businesses and expeditiously
reducing trade remedy case backlogs.
Additionally, the Committee is supportive of the
Administration's request to self-initiate AD/CVD cases, as is
authorized under current law. The process of preparing and
filing a petition is time-consuming and expensive and,
frequently, industry has already suffered injury in order to
meet the statutory standard for initiating an AD/CVD
investigation. ITA is encouraged to use funding under
Enforcement and Compliance to provide direct assistance to
industries in support of self-initiated cases and other AD/CVD
enforcement.
Trade Fraud and Evasion.--The Committee encourages ITA to
coordinate with appropriate agencies, such as Customs and
Border Protection, Immigration and Customs Enforcement, the
International Trade Commission, and the Departments of Justice
and State, in order to report to the Committee on legislative
remedies that may be needed to support U.S. Government-wide
efforts to combat trade fraud and evasion.
Additionally, the Committee notes that funding formerly
requested for the Interagency Trade Enforcement Center has been
moved from ITA to the Office of the United States Trade
Representative for the Interagency Center on Trade
Implementation, Monitoring, and Enforcement, following passage
of the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-125). As such, no funds are provided for these
activities in ITA, but ITA shall continue to collaborate with
all other Federal trade agencies to ensure U.S. trade laws and
agreements are enforced fairly.
U.S. and Foreign Commercial Service.--The U.S. and Foreign
Commercial Service [US&FCS] provides significant value to U.S.
businesses looking to expand overseas export opportunities. The
Committee rejects the proposed cuts to the US&FCS and directs
ITA to fund US&FCS, and its core mission of export promotion,
at the highest possible level in fiscal year 2019, and at no
less than the amount provided in fiscal year 2018. At this
funding level, the Committee does not anticipate the closure of
any foreign or domestic offices. No offices shall be closed in
fiscal year 2019 unless the Committee approves a reprogramming
request to close such office or offices. Additionally, the
Committee will not approve requests to close any domestic
offices, called U.S. Export Assistance Centers, if such Center
is the only one located in a given State.
Furthermore, the Committee directs ITA to submit, not more
than 60 days after enactment of this act, a report detailing
any instances of US&FCS staff diverted from working on trade
promotion in the last year to other priorities, including trade
enforcement and implementation of tariffs. Additionally, ITA is
directed to submit, in its fiscal year 2019 spending plan and
2020 budget request, a breakdown of Global Markets funding for
the US&FCS and for other activities.
SelectUSA.--Up to $10,000,000 is provided for SelectUSA,
except that none of the funds provided may be used to
facilitate foreign direct investment in the United States
unless an updated protocol to ensure that SelectUSA activities
do not encourage such investments in the United States by
State-owned entities is delivered to the Committee within 30
days of enactment of this act.
Capture and Trade Enforcement.--The Committee has long
supported and valued the importance of trade enforcement for
ensuring American businesses and products can enter the global
marketplace on a level playing field. The objectivity of trade
officials at ITA is essential for the success of our trade
enforcement laws. The Committee is aware that the nature of
trade enforcement activities involves the risk of ``capture,''
which is the process in which regulating officials begin to
identify with regulated parties. Capture is often unintentional
and develops over long periods of time, but can significantly
influence regulators' decisionmaking. To better ensure the
objectivity of enforcement decisions against foreign entities,
including decisions not to enforce trade laws, the Committee
requested a report in Public Law 115-141 reviewing the policies
and procedures the agency has in place to prevent capture of
its Enforcement and Compliance employees. The Committee looks
forward to receiving the report.
Survey of International Air Travelers [SIAT].--The
Committee does not adopt the administration's proposal to seek
alternative funding sources for SIAT and directs ITA to
continue funding SIAT out of its base budget. Within funds
provided, ITA is encouraged to increase the sample size for
SIAT.
General Data Protection Regulation.--The Committee urges
ITA to continue its efforts to educate small businesses about
the European Union's General Data Protection Regulation [GDPR].
The Committee is concerned that small businesses may be unaware
of their compliance obligations as a result of GDPR and could
be vulnerable to fines and significant financial risk. The
Committee encourages ITA to work with Federal, State, and local
partners to raise awareness about GDPR obligations on American
small businesses.
U.S. Trade Imbalance.--The Committee notes that the current
U.S. trade imbalance is one important factor in helping guide
our Nation's trade policies. However, the imbalance alone does
not provide the full economic picture or strategic goals
related to U.S. trade. Therefore, the Committee urges the
administration to take into account all economic impacts,
including potential negative effects of tariffs on imported
goods, as the U.S. engages in trade negotiations and
discussions.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
Appropriations, 2018.................................... $113,500,000
Budget estimate, 2019................................... 120,647,000
Committee recommendation................................ 121,600,000
The Committee's recommendation provides $121,600,000 for
the Bureau of Industry and Security [BIS]. The recommendation
is $8,100,000 above the fiscal year 2018 enacted level and
$953,000 above the budget request.
BIS is the principal agency involved in the development,
implementation, and enforcement of export controls for
commercial technologies and for many military technologies as a
result of the President's export control reform initiative. The
Export Enforcement Division detects, prevents, investigates,
and assists in the sanctioning of illegal exports of such
items.
Export Control Regulatory Compliance Assistance.--The
Committee directs BIS to continue its exporter outreach program
to educate companies of all sizes on their obligations related
to export controls. In this effort, BIS should continue
targeting small- and medium-sized businesses and working with
State and local trade and export associations, in addition to
working with national industry groups, to ensure that small-
and medium-sized businesses have clear, easy-to-understand
information about complying with export control regulations.
Economic Development Administration
Appropriations, 2018.................................... $301,500,000
Budget estimate, 2019................................... 14,937,000
Committee recommendation................................ 305,500,000
The Committee's recommendation provides $305,500,000 for
the Economic Development Administration [EDA]. The
recommendation is $4,000,000 above the fiscal year 2018 enacted
level and $290,563,000 above the budget request.
EDA provides grants to local governments and nonprofit
agencies for public works, planning, and other projects
designed to facilitate economic development. The Committee
directs EDA to coordinate with regional development
organizations to support projects that will address some of the
pressing issues that challenge rural economic development,
including the opioid epidemic and inequities in broadband
access. Funding amounts for the two appropriations accounts
under this heading are displayed below.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
Appropriations, 2018.................................... $262,500,000
Budget estimate, 2019...................................................
Committee recommendation................................ 266,500,000
The Committee's recommendation provides $266,500,000 for
Economic Development Assistance Programs. The recommendation is
$4,000,000 above the fiscal year 2018 enacted level and
$266,500,000 above the budget request. EDA is directed to focus
on its core programs and mission to aid the most distressed
communities across the country. The Committee expects EDA to
use all available carryover and prior year recoveries to the
maximum extent possible. EDA shall consider geographic equity
in making all award decisions and shall ensure that rural
projects are adequately represented among those selected for
funding. Of the amounts provided, funds are to be distributed
as follows, and any deviation of funds shall be subject to the
procedures set forth in section 505 of this act:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Public Works............................................ 117,500
Economic Adjustment Assistance.......................... 37,000
Trade Adjustment Assistance for Firms................... 13,000
Regional Innovation Program............................. 25,000
Partnership Planning.................................... 33,000
Technical Assistance.................................... 9,500
Research and Evaluation................................. 1,500
Assistance to Coal Communities.......................... 30,000
---------------
Total............................................. 266,500
------------------------------------------------------------------------
Broadband Projects.--EDA funding provided under Public
Works, Economic Adjustment Assistance, and other programs may
be used to support broadband infrastructure projects. High-
speed broadband is critical to help communities attract new
industries and strengthen and grow local economies. EDA is
encouraged to prioritize unserved areas. EDA shall continue to
submit annual updates to the Committee describing the number
and value of broadband projects supported as required by the
Explanatory Statement accompanying Public Law 115-141.
Outdoor Recreation Projects.--The Committee notes that
projects supporting outdoor recreation as a catalyst for
economic development may be eligible for EDA funding. EDA is
encouraged to consider such projects when consistent with a
region's Comprehensive Economic Development Strategy.
Economic Adjustment Assistance [EAA].--EAA is EDA's most
flexible economic development program, which provides access to
appropriate funding for everything from disaster recovery to
business accelerators and incubators. Within funding for EAA,
the Committee provides no less than the fiscal year 2018
enacted level to support EDA's collaborations with the Delta
Regional Authority and the Appalachian Regional Commission to
assist distressed communities. In addition, the Committee
provides $3,000,000 for the Northern Border Regional Commission
to assist the recovery of forest-based economies within the
territory.
Regional Innovation Program [RIP].--The Committee provides
$25,000,000 to EDA for grants under RIP as authorized under the
Revitalize American Manufacturing and Innovation Act of 2014
(Public Law 113-235). RIP awards competitive grants to regional
entities in support of innovation and entrepreneurship. EDA
shall continue to ensure that RIP awards go to multiple
grantees in multiple and diverse geographic areas, including an
increased focus on organizations and States that have not
previously received funding from the program. Furthermore,
within funds provided for RIP, EDA shall award not less than 40
percent of grants to support rural communities.
University-based Business Incubators.--Within funding
provided under RIP, the Committee directs EDA to invest in
university-based, high-tech business incubators to encourage
entrepreneurship and promote technology commercialization
through business startups. Funding awards should include
support for incubator projects where Federal labs and
universities are collaborating to stimulate commercialization
of research. Furthermore, this activity should support private-
public partnerships for economic growth and job creation in
areas of high unemployment.
New Forest Products.--The Committee notes that many forest-
based economies have experienced disruption and decline in
recent years. EDA is encouraged to work with communities and
regions that have been adversely impacted by rapid changes in
the timber marketplace and to support projects that help these
communities develop related industries, including
commercialization of new forest products using low-grade wood.
This work may include the coordination of economic development
efforts across multiple States or Economic Development
Districts. Additionally, the Committee reiterates that
communities facing job losses are eligible for all EDA
programs.
Nuclear Plant Closures.--As part of the Explanatory
Statement accompanying Public Law 115-141, the Committee
directed EDA to report on its work to help identify and develop
best practices to assist communities affected by loss of tax
revenue and job loss due to nuclear power plant closures in
recognition of the reality that communities that have a nuclear
power plant that will undergo decommissioning, is currently
undergoing decommissioning, or has completed decommissioning
have become de facto high-level radioactive waste storage
sites. The Committee further directs the Secretary of Commerce,
in coordination with the Secretary of Energy, to build on EDA's
efforts by working across the executive branch and report to
the Committee, not later than 90 days after the date of
enactment of this act, on existing resources and funding
opportunities for which affected communities may be eligible.
The report shall also include what opportunities exist for
these affected communities to consider alternative uses for
these sites upon completion of the decommissioning process and
what Federal programs may assist in these efforts.
STEM Apprenticeships.--The Committee notes that over the
past decade, the growth in jobs requiring sophisticated
science, technology, engineering, and math [STEM] skills was
three times faster than growth in non-STEM jobs. Yet, U.S.
employers have struggled to fill jobs in these fields. Because
more than 50 percent of jobs that require STEM skills do not
require a bachelor's degree, nontraditional higher education,
such as apprenticeships, will be instrumental in meeting the
urgent demand for a STEM-literate workforce. The Committee
encourages EDA to provide grants to communities to create and
expand STEM apprenticeship and other workforce training models,
as directed in section 312 of the American Innovation and
Competitiveness Act, Public Law 114-329. The Committee also
directs EDA to provide an assessment, within 180 days of
enactment of the act, of how STEM apprenticeship grants would
complement EDA's investment priorities and grant programs, as
well as how they would serve EDA's mission of facilitating
regional economic development.
Investing in Manufacturing Communities Partnership Program
[IMCP].--The Committee notes that no funding has been requested
and no funding is provided for the IMCP for fiscal year 2019.
SALARIES AND EXPENSES
Appropriations, 2018.................................... $39,000,000
Budget estimate, 2019................................... 14,937,000
Committee recommendation................................ 39,000,000
The Committee's recommendation provides $39,000,000 for
salaries and expenses. The recommendation is the same as the
fiscal year 2018 enacted level and $24,063,000 above the budget
request.
The Committee is concerned by the number of vacancies at
EDA, particularly in its six regional offices. The Department
is reminded that budget requests to Congress do not supersede
current appropriations, and the Committee directs EDA to
expedite its efforts to fill all outstanding vacancies
regardless of any current or future budget requests.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
Appropriations, 2018.................................... $39,000,000
Budget estimate, 2019................................... 10,000,000
Committee recommendation................................ 39,000,000
The Committee's recommendation provides $39,000,000 for the
Minority Business Development Agency [MBDA]. The recommendation
is equal to the fiscal year 2018 enacted level and is
$29,000,000 above the budget request. MBDA is the only Federal
agency dedicated to promoting the growth of minority-owned
firms and assists small, medium, and large minority business
enterprises to increase revenues and create jobs. The Committee
directs that not less than 50 percent of funds provided to MBDA
shall be awarded through competitive agreements, external
awards, and grants.
Annual Report.--The Committee recognizes the disparities in
access to capital for minority-owned firms and businesses,
including lower loan amounts, loan denials, and liquidated
constraints. MBDA is encouraged to submit an annual report to
Congress on the state of minority-owned businesses, which may
include policy recommendations to ensure fair access to credit
between minority-owned businesses and non-minority-owned
businesses.
Indian Tribes.--Within funds provided, MBDA is encouraged
to address barriers to economic development for tribes and
American Indian, Alaska Native, and Native Hawaiian
populations, including full implementation of Public Laws 106-
447 and 106-464.
Economic and Statistical Analysis
SALARIES AND EXPENSES
Appropriations, 2018.................................... $99,000,000
Budget estimate, 2019................................... 100,987,000
Committee recommendation................................ 102,000,000
The Committee's recommendation provides $102,000,000 for
Economic and Statistical Analysis [ESA]. The recommendation is
$3,000,000 above the fiscal year 2018 enacted level and
$1,013,000 above the budget request. ESA conducts research to
provide a better understanding of the U.S. economy, which helps
Government make more informed policy decisions.
Outdoor Recreation Satellite Account.--The Committee
recognizes the national economic importance of the outdoor
recreation industry. The Outdoor Recreation Jobs and Economic
Impact Act of 2016 (Public Law 114-249) requires the Department
to lead, in consultation with the Departments of Agriculture
and the Interior and other Federal agencies, an assessment and
analysis of the outdoor recreation economy of the United States
and the effects attributable to it on the overall economy. The
Committee appreciates the Department's initial analysis of
outdoor recreation to the U.S. economy and provides $1,500,000
to continue this work in fiscal year 2019. The Committee
further expects the Department to continue working with the
outdoor recreation industry, nongovernmental organizations, and
other interested stakeholders to refine the national-level
statistics and to develop new regional statistics.
Bureau of the Census
Appropriations, 2018.................................... $2,814,000,000
Budget estimate, 2019................................... 3,800,513,000
Committee recommendation................................ 3,821,388,000
The Committee's recommendation provides $3,821,388,000 for
the Census Bureau. The recommendation is $1,007,388,000 above
the fiscal year 2018 enacted level and $20,875,000 above the
budget request.
CURRENT SURVEYS AND PROGRAMS
Appropriations, 2018.................................... $270,000,000
Budget estimate, 2019................................... 249,125,000
Committee recommendation................................ 270,000,000
The Committee's recommendation provides $270,000,000 for
current surveys and programs. The recommendation is equal to
the fiscal year 2018 enacted level and $20,875,000 above the
budget request. This account provides for the salaries and
expenses associated with the statistical programs of the Bureau
of the Census, including measurement of the Nation's economy
and the demographic characteristics of the population.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $2,544,000,000
Budget estimate, 2019................................... 3,551,388,000
Committee recommendation................................ 3,551,388,000
The Committee's recommendation provides $3,551,388,000 for
periodic censuses and programs. The recommendation is
$1,007,388,000 above the fiscal year 2018 enacted level and
equal to the budget request.
This account provides for the constitutionally mandated
Decennial Census as well as other cyclical programs.
Additionally, individual surveys are conducted for other
Federal agencies on a reimbursable basis.
2020 Decennial Census.--The Committee provides the full
amount requested for the 2020 Decennial Census for fiscal year
2019. The Census Bureau is directed to prioritize spending for
activities that have the greatest potential to reduce cost and
risk for the 2020 Decennial Census. Controlling costs for the
2020 Decennial Census remains a top oversight concern for the
Committee, and the ongoing 2018 End-to-End test will be a
significant indicator of whether the processes, systems, and
methods will be ready to conduct an accurate census. The
Committee expects the Department, the Bureau, and the Inspector
General to keep the Committee regularly apprised of the ongoing
efforts to prepare for the 2020 Decennial Census beyond the
regular quarterly status reports. The Committee notes that GAO
added the 2020 Decennial Census to its high-risk report, and
that the Bureau should diligently work on addressing the risks
that have been identified.
Oversight of Periodic Census Programs.--The Committee's
recommendation provides $3,556,000 for the OIG to continue
oversight and audits of periodic censuses and to provide the
Bureau and Congress with independent recommendations for
improving operations, which will be useful for oversight of the
2020 Decennial Census. The Committee directs the Bureau to
follow the OIG's recommendations.
Quarterly Status Reports.--The Census Bureau is directed to
continue its quarterly status reports to the Committee as it
prepares for the 2020 Decennial Census. As the 2020 Decennial
Census approaches, the Bureau is reminded that these quarterly
reports must be scheduled on a timely basis to keep the
Committee informed of the progress in executing the Bureau's
plans, to identify ongoing and emerging risks, and to provide
early warnings when goals and cost schedules are not being
achieved.
Undercounting.--The Committee directs the Census Bureau to
ensure that the current proposed decennial questionnaire and
the impact of new enumeration methods do not negatively affect
demographic groups identified in its 2010 Census Coverage
Measurement Survey as undercounted and directs the Bureau to
provide a report within 60 days of enactment of this act
providing the measures that are being taken to ensure potential
undercounts of these groups are appropriately mitigated.
Internet Self-Response.--The Committee urges the Census
Bureau to conduct outreach to public libraries and other
community technology centers to ensure that they are fully
informed about the Internet self-response option for the 2020
Decennial Census and equipped to support residents in census
participation. The Bureau should work with libraries, in
coordination with the Institute of Museum and Library Services,
as part of the overall strategy to maximize survey response.
Partnership and Communications Activities.--The Committee
is concerned about the proposed levels for partnership staff
and communications efforts for the 2020 Decennial Census.
Sufficient partnership and communication activities are
essential to build trust in the Census Bureau and to increase
response rates. Investing in partnership and communication
activities can reduce the overall cost of conducting the 2020
Decennial Census. By helping increase self-response rates,
there is a reduced need for additional non-response follow-up.
Additionally, the Committee understands that the 2020 Decennial
Census plan includes only about half the number of local field
offices and Regional Census Centers compared to the 2010
Decennial Census. Therefore, the Committee expects the Bureau
to provide a plan that increases the number of partnership
program staff, communication efforts, and field operations; an
assessment of increasing external partnerships; and the
associated costs, within 45 days of enactment. The plan should
include an assessment of doubling the number of partnership
staff and increasing the number of area census offices to 300.
The Bureau is further encouraged to consider working with local
service organizations as part of the overall strategy to
maximize survey response, especially for homeless and displaced
populations in rural areas.
American Community Survey [ACS].--The Committee supports
the ACS and directs the Bureau to continue using the ACS as a
testbed for innovative survey and data processing techniques
that can be used across the Bureau. The Committee notes that
ACS is often the primary or only source of data available to
State, local, and Federal agencies that need adequate
information on a wide range of topics. The data provided is
especially important to small towns and rural areas across the
country, and the Bureau should ensure that rural areas are
covered with the same accuracy as urban areas to the maximum
extent practicable. The Committee further expects the Bureau to
continue providing updates to the Committee on efforts to
evaluate and, where possible, to reduce the number of questions
included in the ACS, and the steps being taken to ensure that
the ACS is conducted as efficiently and unobtrusively as
possible.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
Appropriations, 2018.................................... $39,500,000
Budget estimate, 2019................................... 33,646,000
Committee recommendation................................ 39,500,000
The Committee's recommendation provides $39,500,000 for
National Telecommunications and Information Administration
[NTIA] salaries and expenses. The recommendation is the same as
the fiscal year 2018 enacted level and $5,854,000 above the
budget request.
The Committee retains language from previous years allowing
the Secretary of Commerce to collect reimbursements from other
Federal agencies for a portion of the cost resulting from the
coordination of spectrum management, analysis, and operations.
NTIA shall submit a report to the Committee no later than June
1, 2019, detailing the collection of reimbursements from other
agencies.
Next Generation Broadband in Rural Areas.--The Committee
recognizes that access to broadband in all communities across
the Nation is essential for improving economic growth,
education and job creation, civic engagement, public safety and
health, global competitiveness, and a better quality of life.
The Committee remains concerned that advanced broadband
technologies have not been sufficiently deployed in rural areas
of the Nation and encourages NTIA to coordinate with other
relevant Federal agencies to identify and pursue policies that
enable effective and efficient broadband deployment nationwide
while advancing next-generation technologies, such as 5G
networks.
National Broadband Map Augmentation.--The Committee
provides up to $7,500,000 to continue work modernizing the
national broadband availability map in coordination with the
Federal Communications Commission [FCC] and looks forward to an
update on NTIA's efforts so far. The Committee directs NTIA to
engage actively with rural and tribal communities to further
enhance the accuracy of the national broadband availability
map. Additionally, NTIA should include in its fiscal year 2020
budget request an update on rural- and tribal-related broadband
availability and access trends, challenges, and Federal actions
to achieve equitable access to broadband services by currently
underserved communities throughout the Nation. Furthermore, the
Committee encourages NTIA, in coordination with the FCC, to
develop and promulgate a standardized process for collecting
data from State and local partners.
Broadband Programs.--The Committee is encouraged by NTIA's
recent efforts to develop frameworks, like the Broadband
Community Assessment Tool [BCAT], to help communities assess
their own broadband needs, and where appropriate, to forge
public-private partnerships. The Committee encourages NTIA to
continue development of the BCAT and other community-focused
utilities.
Federal Spectrum Management.--The Committee directs NTIA to
continue to evaluate options for repurposing spectrum for
broadband in support of making 500 megahertz [MHz] of spectrum
available for wireless broadband use. NTIA shall also provide
the Committee with annual updates on the progress in making 500
MHz of spectrum available for commercial mobile use, including
the strategy for freeing up additional spectrum from Federal
agencies.
Spectrum Management for Science.--Preserving access to key
portions of radio spectrum important for radio astronomy
observations and other scientific uses is essential for
scientific discovery. The Committee encourages NTIA, in
coordination with the FCC and other appropriate stakeholders,
to continue ensuring spectrum access for radio astronomy as
commercial use of radio spectrum increases. The Committee
requests a report from NTIA within 180 days after enactment of
this act on the coordination efforts underway.
Internet Corporation for Assigned Names and Numbers
[ICANN].--The Committee directs NTIA to remain a strong
advocate for American companies, consumers, and government
interests through its participation within the Governmental
Advisory Committee and other mechanisms within ICANN. The
Committee directs NTIA to ensure that the principles of
accountability, transparency, security, and stability of the
Internet are protected for consumers, businesses, and
Government users. NTIA shall report semiannually to the
Committee on adopted ICANN policies, including whether or not
NTIA supported any changes, and to report on any changes that
affect the .gov, .mil, .edu, and .us domains.
FirstNet.--The Committee is supportive of FirstNet
continuing a funding agreement with the Department's Inspector
General for the purposes of oversight and accountability of
FirstNet through the end of fiscal year 2019.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION
The Committee provides bill language allowing NTIA to
continue oversight and administration of previously awarded
grants. NTIA shall not use unobligated balances to award new
grants.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2018.................................... $3,500,000,000
Budget estimate, 2019................................... 3,370,000,000
Committee recommendation................................ 3,370,000,000
The Committee's recommendation provides $3,370,000,000 for
the United States Patent and Trademark Office [USPTO], which is
$130,000,000 below the fiscal year 2018 enacted level and equal
to the budget request, to be derived from offsetting fee
collections. Since fiscal year 2005, the Committee has refused
to divert patent fees to other purposes.
USPTO examines patent applications, grants patent
protection for qualified inventions, and disseminates
technological information disclosed in patents. USPTO also
examines trademark applications and provides Federal
registration to owners of qualified trademarks.
Budget Execution.--The Committee continues to allow USPTO
full access to patent and trademark fees and provides bill
language allowing USPTO to retain any revenue in excess of
appropriated levels.
Transfer to Office of Inspector General [OIG].--The
Committee provides $1,000,000 for OIG to continue oversight and
audits of USPTO operations and budget transparency, and USPTO
is directed to work with the Department to implement all OIG
recommendations.
Reprogramming and Spend Plan.--USPTO shall follow the
reprogramming procedures outlined in section 505 of this act
before using excess fee collections to forward fund expenses
beyond fiscal year 2019.
Intellectual Property [IP] Attaches.--The Committee is
concerned that USPTO's IP attaches may not have adequate access
to their foreign government counterparts and are not
consistently involved in Embassy or consulate conversations
regarding intellectual property matters. The Secretary is
directed to work with USPTO, the US&FCS, and the Department of
State to ensure that the attaches are appropriately utilized,
including in discussions and negotiations at the Counselor rank
and above.
National Institute of Standards and Technology
Appropriations, 2018.................................... $1,198,500,000
Budget estimate, 2019................................... 629,072,000
Committee recommendation................................ 1,037,500,000
The Committee's recommendation provides $1,037,500,000 for
the National Institute of Standards and Technology [NIST]. The
recommendation is $161,000,000 below the fiscal year 2018
enacted level and $408,428,000 above the budget request. Up to
$9,000,000 may be transferred from the Scientific and Technical
Research and Services account to the Working Capital Fund.
NIST's mission is to promote U.S. innovation and industrial
competitiveness by advancing measurement science, standards,
and technology in ways that enhance economic security and
improve our quality of life.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $724,500,000
Budget estimate, 2019................................... 573,429,000
Committee recommendation................................ 724,500,000
The Committee's recommendation provides $724,500,000 for
NIST Scientific and Technical Research and Services [STRS]. The
recommendation is equal to the fiscal year 2018 enacted level
and $151,071,000 above the budget request. The Committee
directs NIST to provide a detailed spending plan for NIST's
highest priority laboratory programs describing resources used
for each program, project, or activity.
Cybersecurity.--The Committee is aware of the Nation's
growing need for a trained cybersecurity workforce and directs
that no less than the fiscal year 2018 level is provided for
cybersecurity research, outreach, industry partnerships, and
other activities at NIST, including the National Cybersecurity
Center of Excellence. Within the funds provided, the Committee
encourages NIST to fund additional university system-led State
and regional alliances and partnerships to focus on meeting the
demand for a trained cybersecurity workforce, with a priority
being placed on areas with a high concentration of Department
of Defense, automotive, and health care related industries.
Development of Cybersecure Medical Technology.--The
Committee directs NIST to partner and work directly with
academic institutions focused on computer security and privacy,
with expertise in research to develop secure medical
technologies, including secure medical devices, secure and
privacy preserving medical software systems, and in training
future scientists and practitioners in state-of-the-art
techniques for supporting secure medical technologies. The
focus of this partnership shall include exploring and testing
how to develop new E-Health and connected medical devices with
cybersecurity in mind, how to protect patient information in
accordance with the Health Insurance Portability and
Accountability Act (Public Law 104-191) requirements, and how
to guarantee that critical network communication support
patient needs.
Industrial Internet of Things [IIoT].--The Committee
provides no less than $2,000,000 for the continued development
of an IIoT cybersecurity research initiative and to partner, as
appropriate, with academic entities and industry to improve the
sustainable security of IIoT devices in industrial settings,
including new designs, protocols, algorithms, system
architectures, identity and lifecycle strategies, and system
hardware features, as well as proposed security standards. This
proposed research will account for human, technical, and
economic dimensions. These advanced strategies should couple
computer science and engineering, psychology, economics,
cryptography, and network research to deliver significant
mitigations and options for industrial adoption, as well as
guidance to consumers and industry on how to manage and utilize
these devices consistent with best security practices.
Quantum Science and Engineering.--The Committee provides up
to $5,000,000 for the establishment of a consortium between
NIST and public and private sector entities for the purpose of
advancing the fields of quantum science and engineering.
Forensic Sciences.--The Committee provides no less than the
fiscal year 2018 amount for forensic science research.
Additionally, the Committee provides $3,000,000 to support the
Organization of Scientific Area Committees and $1,000,000 to
support technical merit evaluations previously funded by
transfer from DOJ.
Disaster Resilient Buildings.--The Committee continues to
recognize the importance of industry and municipal standards to
better mitigate the impact of natural disasters and extreme
weather events. Additionally, the Committee supports NIST's
increased focus on multi-hazard, pre-impact risk mitigation and
post-impact disaster studies. NIST is encouraged to collaborate
with the National Science Foundation's Natural Hazards
Engineering Research Infrastructure Experimental Facilities.
The Committee directs NIST to provide no less than the fiscal
year 2018 amount for competitive external awards. NIST shall be
responsive to all grant applicants, including acknowledging
receipt of applications, providing feedback to any unsuccessful
applicants who request further information, and giving adequate
notice of the timeline for announcing awards.
Helmet Safety.--The Committee is aware of scientific data
that demonstrates a correlation between football-related
collisions and concussions, as well as other traumatic brain
injuries that can lead to debilitating neural diseases such as
dementia and chronic traumatic encephalopathy. The Committee
encourages NIST to investigate an effective national testing
standard to better scientifically understand the inadequacies
of sports helmets while exploring future product designs that
can safely reduce the neural risk of playing football, hockey,
and other high-impact sports. The academic community has
substantial knowledge about these issues, and NIST should work
cooperatively with the academic community by funding research
for advanced helmets and equipment and in developing new
testing standards to ensure player safety. Additionally, NIST
should consider establishing an effective national testing
standard to inform the development of youth-specific helmet
safety standards.
Metals-Based Additive Manufacturing.--The Committee
provides no less than the fiscal year 2018 enacted amount for
competitive external grants for academic institutions to
support research, development, and workforce training to
overcome barriers to high-volume additive manufacturing of
metals. While the Committee is aware of recent breakthroughs in
metals-based additive manufacturing, major technical barriers
still exist to dramatically improving build rates that would
enable commercial markets to benefit from high-volume, metals-
based additive manufacturing.
Plastics and Polymeric Materials.--The Committee recognizes
the significant contributions that plastics have made to
virtually all sectors of the economy, including in healthcare,
infrastructure, food, and cosmetics, among many others.
However, plastics take significant time to degrade in the
environment due to their durability. The Committee believes
advancements in creating products from recycled plastics could
provide a more sustainable option for their use. Many hurdles
remain in manufacturing products from recycled plastics with
the same strength, color, odor, and malleability of new plastic
products. Therefore, the Committee provides no less than the
fiscal year 2018 enacted amount for competitive external grants
for academic institutions to investigate plastic and polymeric
materials, as well as novel methods to characterize both known
and newly developed materials. Such investigations should
address ways to increase the strength of recycled plastics and
better understand mechanical properties including tensile
stress, compressive stress, thermal properties, and
nanostructure of polymeric materials that could serve as
industry standards for recycled plastic products.
Composites.--The Committee recognizes that composites have
wide-ranging proven characteristics that include lightweight,
high-strength, corrosion resistance, life cycle cost benefits,
and long-term durability that translate to increased factors of
safety for infrastructure engineering designs. The Committee
urges NIST to work with relevant Federal agencies to coordinate
existing standards and test methods for the use of composites
and other innovative materials in infrastructure.
Pyrrhotite in Concrete Aggregate.--NIST shall consider
establishing standards for acceptable levels of pyrrhotite in
concrete aggregate, and shall continue providing technical
assistance to those interested in pyrrhotite detection,
prevention, and mitigation tools.
Regenerative Medicine Standards.--The Committee is pleased
that NIST, the Food and Drug Administration, and the Standards
Coordinating Body continue to work to implement the
regenerative medicine standards provisions enacted under the
21st Century Cures Act (Public Law 114-255). Currently, work is
underway to develop processes and criteria for identifying,
prioritizing, and assessing the quality, safety, feasibility,
and cost-benefit of such standards. This work will create a
foundation that allows industry, regulatory authorities, and
other stakeholders to reduce barriers to regenerative medicine
research and product development and accelerate the market
readiness of these life-changing medical treatments.
Graphene Research and Commercialization.--The Committee
recognizes the emergence of graphene as an innovative material
with significant commercial and national security potential.
The Committee also recognizes that other countries are ahead of
the United States in patenting and commercializing applications
with this material. The Committee encourages NIST to continue
to fund and pursue graphene research activities and designate
industry and academic institutions with expertise, existing
capabilities, and infrastructure related to the commercial
application of graphene. NIST shall also provide the Committee
with updates on the recompetition of NIST Centers of
Excellence, including an examination of designating an
additional Advanced Materials Center dedicated to graphene.
Urban Dome Program.--The Committee notes the value of
NIST's Urban Dome program and the importance of accurate
measurement science for environmental monitoring and human
health. More than half the world's population is living in
urban areas, and this concentration is expected to intensify
over the coming decades. The Committee provides no less than
the fiscal year 2018 amount for the Office of Special Programs
to maintain and consider expanding the number of urban dome
locations in fiscal year 2019.
Baldrige Performance Excellence.--The Committee provides
$2,200,000 for costs associated with NIST's current level of
personnel support and expertise that contribute to the Baldrige
program. The Committee continues to direct the Secretary to
work with the Baldrige program's private sector foundation to
conduct a fundraising campaign to support the program as
authorized in section 3(f) of Public Law 100-107, to ensure
that the foundation has stable funding for the continuation of
this program in the future. Additionally, the Committee
commends the Baldrige program's efforts to improve the adoption
of the NIST Cybersecurity Framework and encourages the program
to build more partnerships and self-assessment tools to help
organizations with their cybersecurity risk management.
Further, the Committee encourages Baldrige to focus on and
develop metrics and standards to assist rural healthcare
providers by leveraging industry best practices.
INDUSTRIAL TECHNOLOGY SERVICES
Appropriations, 2018.................................... $155,000,000
Budget estimate, 2019................................... 15,094,000
Committee recommendation................................ 155,000,000
The Committee provides $155,000,000 for Industrial
Technology Services. The recommendation is equal to the fiscal
year 2018 enacted level and $139,906,000 above the budget
request. Supporting the Nation's manufacturers, especially
small businesses, is critical to keeping America innovative in
a global marketplace.
Hollings Manufacturing Extension Partnership Program
[MEP].--The Committee rejects the proposed elimination of MEP
and instead provides $140,000,000 for the program. The
Committee supports MEP's focus on strengthening the existing
network of MEP centers and providing additional support to
centers based on the documented performance of the center's
activities and the manufacturing capacity of the area served by
the center.
Manufacturing USA.--The Committee provides $15,000,000 for
NIST's activities in the National Network for Manufacturing
Innovation [NNMI] (also known as ``Manufacturing USA''), to
include no more than $5,000,000 for coordination activities, of
which up to $1,000,000 may be used to support the Food and Drug
Administration's participation in biomanufacturing innovation
institutes. The Manufacturing USA program promotes American
competitiveness by fostering the development of new
manufacturing techniques and fields, accelerating
commercialization, and providing technical assistance to U.S.
companies. Within funding provided, NIST shall strive to
minimize administrative costs in order to provide more direct
support for research and development.
CONSTRUCTION OF RESEARCH FACILITIES
Appropriations, 2018.................................... $319,000,000
Budget estimate, 2019................................... 40,549,000
Committee recommendation................................ 158,000,000
The Committee provides $158,000,000 for construction of
research facilities. The recommendation is $161,000,000 below
the fiscal year 2018 enacted level and $117,451,000 above the
budget request. The funding provided includes no less than
$58,000,000 for the continued renovation of NIST Building 1
laboratory.
NIST Campus Master Plans.--The Committee commends NIST for
having developed and finalized master plans for the
Gaithersburg and Boulder Campuses. The master plans provide
NIST with a framework for the future physical development of
its two campuses and a vision for that development over the
next 20 years. The plans focus on existing and future
laboratory buildings in addition to other support facilities,
while at the same time taking into consideration the needs for
roads, parking, security, storm water management, and site
utilities infrastructure. The Committee is supportive of
meeting NIST's physical infrastructure needs and directs it to
develop an implementation plan for each of its master plans.
The implementation plan shall be submitted with the fiscal year
2020 budget submission and shall include timing and phasing of
projects along with current and projected budget estimates for
each of the projects identified.
National Oceanic and Atmospheric Administration
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $5,909,364,000
Budget estimate, 2019................................... 4,553,108,000
Committee recommendation................................ 5,482,954,000
The Committee's recommendation provides $5,482,954,000 for
the National Oceanic and Atmospheric Administration [NOAA]. The
recommendation is $426,410,000 below the fiscal year 2018
enacted level and $929,846,000 above the budget request. The
Committee commends the Department for its work to bring down
the costs associated with NOAA's Procurement, Acquisition and
Construction [PAC] accounts. The decrease in PAC resources in
fiscal year 2019 reflects, as expected, the reduced financial
need of NOAA's flagship weather satellite programs as the
satellites launch and enter into the operational phase.
Furthermore, several significant, one-time procurements
including aircraft were fully funded in fiscal year 2018. While
overall funding for NOAA is below the fiscal year 2018 level,
the reduction in PAC resource needs alleviates the strain on
other operations and research areas critical to NOAA's core
mission. This allowed for an increase above the fiscal year
2018 enacted level in NOAA's Operations, Research, and
Facilities accounts.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $3,536,331,000
Budget estimate, 2019................................... 2,937,753,000
Committee recommendation................................ 3,599,126,000
The Committee's recommendation provides $3,599,126,000 for
NOAA's operations, research, and facilities. The recommendation
is $62,795,000 above the fiscal year 2018 enacted level and
$661,373,000 above the budget request.
NOAA NATIONAL OCEAN SERVICE
The Committee's recommendation provides $583,900,000 for
the National Ocean Service [NOS]. NOS programs provide
scientific, technical, and management expertise to promote safe
navigation; assess the health of coastal and marine resources;
respond to natural and human-induced threats; and preserve
coastal and ocean environments.
The Committee's recommendations are displayed in the
following table:
NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Navigation, Observations and Positioning:
Navigation, Observations and Positioning........... 155,300
Hydrographic Survey Priorities/Contracts........... 32,000
Integrated Ocean Observing System--Regional 37,000
Observations......................................
----------------
Total, Navigation, Observations and Positioning.. 224,300
================
Coastal Science and Assessment:
Coastal Science, Assessment, Response and 77,500
Restoration.......................................
Competitive External Research...................... 18,000
----------------
Total, Coastal Science and Assessment............ 95,500
================
Ocean and Coastal Management and Services:
Coastal Zone Management and Services............... 43,500
Coastal Management Grants.......................... 110,000
Coral Reef Program................................. 28,600
National Estuarine Research Reserve System......... 27,500
National Marine Sanctuaries........................ 54,500
----------------
Total, Ocean and Coastal Management and Services. 264,100
================
GRAND TOTAL NOS.................................. 583,900
------------------------------------------------------------------------
Navigation, Observations and Positioning.--The Committee
strongly supports activities under Navigation, Observations and
Positioning, including the full operational funding for NOAA's
Navigation Response Teams.
Hydrographic Surveys and Contracts.--The Committee
continues to be concerned with NOAA's slow progress in reducing
the backlog of hydrographic survey work for navigationally
significant U.S. waters. Within the amount provided for
Hydrographic Survey Priorities/Contracts, NOAA is directed to
accelerate the acquisition of survey data and the preparation
of navigation charts needed to minimize the risks associated
with increased maritime traffic. In addition, not more than 5
percent of funds available for the Hydrographic Survey
Priorities/Contracts program may be used for internal
Hydrographic Survey Priorities/Contracts program management
costs.
Hydrographic Charting in the Arctic.--Despite the massive
backlog for charting of navigationally significant areas
nationally, and in the Arctic specifically, NOAA's fiscal year
2019 budget request continues to propose underfunding the
acquisition of data from contract surveys. Hydrographic survey
work in the Arctic, in particular, is subject to a shorter
operational season than other U.S. coastal regions. The
Committee believes Arctic surveys could be completed more
efficiently through increased and accelerated contracting.
Therefore, NOAA is directed to award contracts for hydrographic
surveys in the Arctic as early in the calendar year as possible
to maximize the operational season, utilizing effective and
efficient contract services. Within the amount provided for
Hydrographic Survey Priorities/Contracts, NOAA is directed to
accelerate the acquisition of survey data through the use of
contractors necessary to minimize the risks associated with
increased maritime traffic. In addition, NOAA is directed to
utilize all contractors that are available, qualified, and
experienced in the Arctic for U.S. Arctic hydrographic surveys.
Gulf of Mexico Coast Survey.--The Committee encourages NOS
to engage in high-priority cooperative habitat mapping in the
Gulf of Mexico, particularly in areas currently unmapped but
prone to disaster. In doing so, NOS may prioritize areas where
understanding the long-term implications of new energy
exploration would be critical.
Geospatial Modeling Grants.--The Committee provides
$8,000,000 within Navigation, Observations and Positioning for
the competitive Geospatial Modeling Grants program for which
all funding shall be distributed externally.
Hydrographic Research and Technology Development.--The
Committee supports the intended use of funds requested for
Hydrographic Research and Technology Development. In addition,
the Committee provides $2,000,000 above the request for NOAA to
designate and continue supporting joint ocean and coastal
mapping centers in other areas of the country to be co-located
with an institution of higher education as authorized by the
Omnibus Public Land Management Act of 2009 (Public Law 111-11).
The Committee emphasizes that additional funding is provided
for the designation of other joint ocean and coastal mapping
centers and therefore shall not decrease funding levels for any
existing centers.
Integrated Ocean Observing System [IOOS].--The Committee
directs NOAA and the IOOS regions to work with Federal agencies
collecting regional observations to better integrate and
disseminate information with the goal of reducing duplicative
efforts and to provide users with streamlined access to
observational information. In addition, within funding provided
above the request for IOOS, NOS shall work to complete and
operate the National High Frequency Radar System, and is
encouraged to utilize autonomous underwater gliders in support
of the observing system's mission.
Coastal Science, Assessment, Response and Restoration.--
Within the funds provided for Coastal Science, Assessment,
Response and Restoration, $2,372,000 shall be for operations
and staffing of the Gulf of Mexico Disaster Response Center
[DRC]. The DRC shall continue to serve as the Gulf Coast hub
for NOAA's emergency preparedness, response, and recovery
operations. Furthermore, the Committee provides up to an
additional $500,000 to expand regional emergency preparedness
training and to develop and disseminate best practices for
using data from past environmental disasters to better prepare
for, respond to, and assess the environmental impacts of future
events.
Marine Debris.--The Committee provides an increase of
$1,000,000 above the fiscal year 2018 enacted level for NOAA's
Marine Debris Program. The Committee strongly supports ongoing
efforts to address marine debris around the country including
projects in rural and remote communities that lack
infrastructure to address the problem, as well as projects in
urban communities that include removal of abandoned vessels and
pilings that harm the ecosystem and hinder recreational
fishing. Furthermore, the Committee directs NOS to coordinate
with northern Gulf of Mexico State and local communities and
officials, and with State, territorial, and local communities
and officials in communities significantly impacted by
hurricanes in 2017, to assist in waterway cleanup efforts to
remove marine debris and trash from the aquatic environment.
These activities should help lead to the development of cost-
effective programmatic solutions to address land-generated
marine debris.
National Centers for Coastal Ocean Science [NCCOS].--The
Committee strongly supports the contribution NCCOS makes to
NOAA and other Federal partners, and provides $1,000,000 above
the fiscal year 2018 enacted amount for NCCOS. Furthermore, the
Committee is aware of the ground-breaking research in the area
of emerging marine toxins and harmful algal blooms taking place
within NCCOS labs. Because of the significant implications for
the nation in protecting both human health and national
security, the Committee directs NOAA to continue supporting
these efforts through the collective expertise of Federal,
State, and academic partners.
Harmful Algal Blooms [HABs].--The Committee recognizes the
need to support local efforts to address HABs. Within funding
for Coastal Science and Assessment, the Committee provides up
to $5,000,000 to accelerate deployment of effective methods of
intervention and mitigation to reduce the frequency, severity,
and impact of harmful algal bloom events in freshwater systems.
Additionally, the Committee encourages NOS to expand its
collaboration with States to monitor, predict, track, and
respond to HABs in the marine environment. Within funding
provided, up to $1,000,000 may be used to expand existing
support for States to assess domoic acid levels of HAB species
in the marine environment.
HABs Regional Watershed Integrated Assessments and Action
Strategies.--The Committee recognizes the importance of the
Great Lakes Integrated Assessment and Action Strategy to
harmful algal bloom prevention, control, and mitigation efforts
in the Great Lakes region, and encourages the Federal Inter-
agency Task Force on Harmful Algal Blooms and Hypoxia,
established under section 4001 of title 33, and the Interagency
Working Group tasked with implementing the Harmful Algal Bloom
and Hypoxia Research and Control Act to identify and prioritize
additional watersheds that would benefit from the development
of regionally-specific Integrated Assessments and Action Plans,
including those regions that have been impacted by freshwater
and saltwater harmful algal blooms.
Integrated Water Prediction.--Within funding provided for
Coastal Zone Management and Services, the Committee provides no
less than the fiscal year 2018 level for NOS to continue
supporting the development and operation of the Integrated
Water Prediction program with NOAA's National Weather Service.
Coastal Zone Management Grants.--The Committee provides
$80,000,000 for Coastal Zone Management Grants for coastal
States to carry out activities related to their respective
coastal zone management plans.
Title IX Fund.--The Committee provides $30,000,000 for
Title IX Fund grants as authorized under section 906(c) of
Title IX of Public Law 114-113. NOAA shall administer this
program in accordance with 16 U.S.C. 750(b) and 3701, for
collaborative partnerships that incorporate non-Federal
matching funds with a priority on supporting authorized
activities not otherwise funded within this act, and direct
costs shall not exceed 5 percent. NOAA shall retain oversight
and accounting of this funding. In selecting the areas of focus
for the Title IX Fund, NOAA and the National Fish and Wildlife
Foundation should consider proposals that enhance ocean and
coastal management; bolster coastal infrastructure and
resilience; support regional collaborative efforts and
partnerships; advance the collection, synthesis, and public
sharing of ocean data; and help coastal communities adapt to
changing ocean conditions.
Coral Reef Program.--The Committee recognizes the unique
ecological and economic value of coral reefs, including the
benefit of buffering coastal communities from hazards such as
coastal storms and hurricanes. Furthermore, urgent efforts are
needed to reverse the decline of coral populations in the
United States. Therefore, the Committee provides up to
$5,000,000 for NOS to work with academic institutions and non-
governmental research organizations to establish innovative
restoration projects to restore degraded coral reefs. This may
include implementing landscape-scale coral reef restoration
initiatives to outplant lab-grown or aquaculture-raised coral
fragments representing diverse assemblages of native coral
species, as well as the necessary research and development for
these efforts. Restoration projects should utilize genetic
strains that demonstrate enhanced resiliency to increased water
temperatures, decreased pH, and coral disease, and include
designs for multiyear monitoring to assess survival and
ecosystem health.
The Committee is aware of proposals to protect investments
in coral reef management using alternative risk management,
including parametric insurance. NOS is encouraged to assess
whether it has any role to play in such proposals and report
its findings to the Committee.
Temperate and Cold-Water Corals.--The Committee urges
NOAA's coral reef program to support research of all coral
species, including temperate and cold-water corals.
Marine National Monuments.--Within funding provided for
National Marine Sanctuaries, up to $1,000,000 may be used for
competitive research and management grants for existing marine
national monuments administered by NOS, provided such grants
are subject to a 100 percent non-Federal match.
National Estuarine Research Reserve System.--The Committee
provides $27,500,000 for the National Estuarine Research
Reserve System [NERRS], which is $27,500,000 above the
President's request and $2,500,000 above the fiscal year 2018
enacted level. NERRS sites provide mixed-use areas that are
protected for long-term research, monitoring, education, and
coastal stewardship. The program is a positive example of State
and Federal partnership. Within funding provided for NERRS, up
to $2,000,000 may be used to implement a Graduate Research
Fellowship program with national workforce benefits. The
program shall not be subject to any matching requirement, shall
be administered by the Office for Coastal Management, and named
in memory of Margaret A. Davidson.
NOAA is further encouraged to work with its NERRS and
National Marine Sanctuary partners on efforts for early
detection, rapid response, and control of invasive species,
especially those that jeopardize endangered or threatened
native species.
NOAA NATIONAL MARINE FISHERIES SERVICE
The Committee's recommendation provides $924,889,000 for
the National Marine Fisheries Service [NMFS]. NMFS programs
provide for the management and conservation of the Nation's
living marine resources and their environment, including fish
stocks, marine mammals, and endangered species.
Committee recommendations are displayed in the following
table:
NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Protected Resources Science and Management:
Marine Mammals, Sea Turtles, and Other Species.... 125,719
Species Recovery Grants........................... 8,000
Atlantic Salmon................................... 6,500
Pacific Salmon.................................... 63,000
-----------------
Total, Protected Resources Science and 203,219
Management.....................................
=================
Fisheries Science and Management:
Fisheries and Ecosystem Science Programs and 148,427
Services.........................................
Fisheries Data Collections, Surveys and 170,909
Assessments......................................
Observers and Training............................ 53,955
Fisheries Management Programs and Services........ 121,116
Aquaculture....................................... 15,000
Salmon Management Activities...................... 37,543
Regional Councils and Fisheries Commissions....... 40,175
Interjurisdictional Fisheries Grants.............. 3,365
-----------------
Total, Fisheries Science and Management......... 590,490
=================
Enforcement........................................... 69,796
=================
Habitat Conservation and Restoration.................. 61,384
=================
GRAND TOTAL NMFS................................ 924,889
------------------------------------------------------------------------
NMFS Project Consultations.--The Committee provides an
increase of $10,000,000 above the fiscal year 2018 enacted
amount for NMFS to address the backlog of consultation requests
under the Endangered Species Act. NMFS backlog of consultation
requests, particularly those from the U.S. Army Corps of
Engineers, has caused significant permitting delays for local
communities seeking to implement various projects across the
country. The Committee directs NMFS to work with the Corps of
Engineers and other Federal agencies to improve coordination
and efficiency of consultations within the permitting process.
Marine Mammal Protection.--The Committee supports NMFS's
mission under this activity to monitor, protect, and recover
at-risk marine mammal species listed under the Endangered
Species Act in 2005, but whose populations continue to decline.
The Committee encourages NMFS to utilize funding for the
protection and recovery of marine mammal species at risk due to
factors such as limited prey species, water-borne toxin
accumulation, and vessel and sound impacts.
North Atlantic Right Whale.--The Committee is concerned
that North Atlantic right whale populations remain critically
low. In 2017, there were 17 North Atlantic right whale deaths
attributed to ship strikes and fishing gear. An additional
right whale death has been documented in 2018, and no right
whale calves have been seen on their traditional calving
grounds. Therefore, the Committee provides an additional
$1,000,000 within Marine Mammals, Sea Turtles, and Other
Species to increase research and monitoring of North Atlantic
right whales to better understand how the species interacts
with fisheries and shipping traffic and is adapting to changing
ocean conditions and shifting feeding grounds.
Hawaiian Monk Seals and Sea Turtles.--Within funding for
Marine Mammals, Sea Turtles, and Other Species, the Committee
provides NOAA no less than the fiscal year 2018 amount for
Hawaiian Monk Seals and Hawaiian Sea Turtles.
Prescott Grants.--Within Marine Mammals, Sea Turtles, and
Other Species, the Committee provides $4,000,000 for the John
H. Prescott Marine Mammal Rescue Assistance grant program.
Species Recovery Grants.--The Committee provides an
increase of $1,000,000 over the fiscal year 2018 enacted amount
for Species Recovery Grants, and directs NMFS to utilize both
the Endangered Species Act Recovery Plan and the Marine Mammal
Protection Act Take Reduction Plan priorities when evaluating
marine mammal projects.
Atlantic Salmon.--NOAA has identified major threats to
Atlantic salmon, including interrelated effects of freshwater
salmon habitat loss, lost prey buffering, and marine derived
nutrients from declines of co-evolved diadromous species.
Within the funding provided for Atlantic Salmon, the Committee
directs NOAA to enable a broader use of funds for restoration
of diadromous species and habitats that support salmon recovery
by providing ecological functions critical to the Atlantic
salmon life cycle. The Committee further directs NOAA to ensure
that adequate resources continue to be provided for State
agencies to implement the recovery strategy effectively.
Pacific Salmon.--Within the funding provided for Pacific
salmon, NOAA shall consider expanding salmonid monitoring
activities, including through the use of tags and acoustic
tracking to utilize real-time monitoring to avoid impacts to
protected species. NOAA is also encouraged to work with
partners to address the backlog of hatchery genetic management
plans and expedite approval.
Promote and Develop Fisheries Products and Research Funding
Transfer.--The bill maintains the provision restricting the use
of the Promote and Develop Fisheries Products and Research
funds transferred from the Department of Agriculture to NOAA in
a way that better meets the intended purpose of the transfer
mandated by the Saltonstall-Kennedy Act. None of the funds may
be used for internal NOAA or DOC management, but rather, funds
may only be used for activities that directly benefit U.S.
fisheries and fishery communities. Specifically, these funds
may only be used for: cooperative research; annual stock
assessments; efforts to improve data collection, including
catch monitoring and reporting for commercial, charter, and
recreational fisheries; interjurisdictional fisheries grants;
and Fisheries Information Networks.
As part of the fiscal year 2019 spending plan, NOAA shall
include a clear accounting of how the Promote and Develop
transfer funds will be allocated based on the funding criteria
described in this bill.
Saltonstall-Kennedy [S-K] Grant Program.--The Committee
rejects the Administration's proposal to eliminate the S-K
grant program and further directs that not less than 15 percent
of the total amount of the transferred funds shall be provided
for the competitive S-K grant program. The Committee also
directs NOAA to obligate no less than 80 percent of the S-K
grant program funds externally through a competitive grant
process. NOAA shall consult with a diverse group of industry
participants representing the entirety of the supply chain,
from all regions of the country, to identify funding
priorities. Prior to obligating these funds, NOAA shall provide
the Committee with a detailed spending plan describing which
fisheries activities will be funded in each of the regions and
how the plan incorporates regional priorities. The Committee
further encourages NOAA to prioritize marketing and development
of the seafood industry, as was the original intent of the S-K
grant program.
NMFS Staffing.--The Committee acknowledges that NMFS
regional staff are most effective in meeting their mission when
staff are located in the communities they serve. To the
greatest extent practicable, the Committee directs NMFS to
consider stationing regional staff within the regions they
serve. Further, NMFS is directed to submit a report to the
Committee, within 90 days of enactment of this act, describing
the benefits and impacts of transitioning up to 90 percent of
its regional staff to the regions that they serve.
Additionally, the Committee encourages NMFS to station Regional
Science Directors within the regions they serve.
Aleutian Island Pollock.--The Committee appreciates NMFS's
timely response and report to Congress on Aleutian Island
pollock. In accordance with the agency's own recommendation
from that report, NMFS is directed to, in coordination with
Adak, the Aleut Corporation, and the North Pacific Fishery
Management Council, issue an Exempted Fishing Permit [EFP] for
a pollock test fishery, and depending on the results of that
EFP, consider additional regulatory changes to the management
of Aleutian Islands pollock.
Gulf Reef Fish.--The Committee recognizes that accurate
estimates of reef fish, such as red snapper, gray triggerfish,
greater amberjack, and gag grouper, in the Gulf of Mexico
require additional resources for research and assessment.
Within funding under Fisheries Science Base Activities, the
Committee provides up to $5,000,000 for NMFS to partner with
academic research institutions that are uniquely positioned to
better understand the population dynamics of these important
species.
Exempted Fishing Permits for Red Snapper Fishing.--The
Committee commends each Gulf State for developing a strong
proposal for reef fish management to improve recreational
fishing access. Within the amount provided for Fisheries Data
Collections, Surveys and Assessments, the Committee provides
$5,000,000 for NMFS to deliver technical support as needed to
the Gulf States to ensure successful implementation of each
state plan.
In addition, the Committee continues to direct NMFS to
incorporate agency-independent and alternative approaches to
stock assessments into the agency's own stock assessments used
for the management of reef fish in the Gulf of Mexico.
Furthermore, all stock assessments used by NMFS for Gulf reef
fish should include fishery data collected on artificial reefs,
offshore oil platforms, and other offshore fixed energy
infrastructure.
In addition, if an increase is made to the acceptable
biological catch for red snapper in the Gulf of Mexico as a
result of the direction provided in this report for stock
assessments, the Committee urges NOAA to consider allocating
not less than 80 percent of any total above 10 million pounds
of quota to the recreational sector. While all sectors have
faced challenges in the gulf red snapper fishery, the private-
boat recreational sector has been especially impacted.
Ecosystem Imbalance.--NOAA shall take into consideration
any imbalance in the ecosystem that may be occurring between
larger red snapper and other fish species before accepting
amendments to existing regulations or implementing new
regulations that directly affect red snapper quotas in the Gulf
of Mexico.
South Atlantic Reef Fish.--NMFS shall consider employing
the independent and alternative stock assessment strategies
directed by the Committee for the Gulf of Mexico to NMFS
assessments of reef fish in the South Atlantic. The Committee
provides up to $1,500,000 for these activities and notes
deficiencies that have plagued reef fish management in the Gulf
of Mexico also affect NMFS management of reef fish in the South
Atlantic.
Fishing Gear Selectivity Study.--Within funding provided
for Fisheries Data Collections, Surveys and Assessments, NOAA
shall consider conducting a multiyear, agency-independent study
to evaluate the selectivity and potential bias of different
gears used to assess reef fish populations in the South
Atlantic region, which should build on recent work being
conducted by State agencies on red snapper. Specifically, the
study should address whether the use of certain gear by the
South Atlantic Marine Resources Monitoring, Assessment, and
Prediction Survey, such as Chevron traps, fail to adequately
sample across age classes of reef fish, including red snapper,
due to the different behaviors and habits exhibited by larger
and smaller fish within the same or similar species. NOAA is
further encouraged to initiate a multiyear, agency-independent
study using multiple hooked-gears to sample South Atlantic red
snapper for age composition, sexual maturity, and egg
production.
Highly Migratory Species.--Within funding provided for
Fisheries Ecosystem Science, Programs, and Services, the
Committee provides up to $2,000,000 for cooperative,
competitive extramural research on highly migratory fish
species in the Gulf of Mexico and the Atlantic. This should
include examining the impact of offshore oil platforms on the
biology of highly migratory species, such as yellow fin tuna.
The Committee recognizes that highly migratory species, and the
coastal communities that rely on the health of these stocks,
could greatly benefit from improved, science-based management
and conservation.
Lobster Fishing Gear.--The Committee is supportive of
ongoing research to develop alternative lobster fishing gear
such as ropeless traps and reduced breaking-strength rope. The
Committee encourages further collaboration between the fishing
industry, academic institutions, and nongovernmental
organizations in the development of such gear and in field
trials and preliminary implementation.
Report on U.S. Shark Fisheries.--According to the NMFS
Status of Stocks 4th Quarter 2017 Update, there are 64 stocks
of sharks that are actively caught or caught as bycatch in U.S.
waters, including prohibited species. Of those 64 species, 40
have ``unknown'' overfished and overfishing status, 12 are not
overfished and not experiencing overfishing, 4 are overfished
and experiencing overfishing, and 8 have mixed status
information. The Committee directs NMFS to issue a report on
the status of U.S. shark fisheries within 90 days of enactment
of this act. The report should include the dates of the three
most recent assessments of each shark stock in the U.S., when
the next assessments are scheduled, and annual statistics for
commercial landings and bycatch of each species for the
previous 5 years.
Fisheries Information Networks.--Within funding provided
for Fisheries Data Collections, Surveys, and Assessments,
$23,000,000 is provided for Fisheries Information Networks.
Northwest Fisheries Ecosystem Monitoring System.--The
Committee recognizes the importance of long-term data series
monitoring ocean conditions and ecological indicators. This
information is important in management decisions for salmon and
other marine species, and to enable advance forecasting
capabilities for early detection of ocean conditions known to
produce harmful toxins that affect regional fisheries closures.
Within funds for Fisheries Data Collections, Surveys and
Assessments, the Committee encourages the Northwest Fisheries
Science Center to continue to invest in long-term data
monitoring of ocean conditions of the Northern California
Current.
Marine Recreational Information Program [MRIP].--The
Committee provides up to $3,000,000 within Fisheries Data
Collection, Surveys and Assessments, subject to a 50-percent
non-Federal matching requirement, to implement the
recommendations of the National Academy of Sciences [NAS] made
in the 2017 report entitled ``Review of the Marine Recreational
Information Program.'' This funding should focus on assisting
States to establish more reliable fishery data collection tools
such as smartphone applications or text messaging supplements
so that MRIP may leverage better in-season management of reef
fish. NMFS is also encouraged to enter into an additional
agreement with NAS to prepare a supplementary report and set of
recommendations to resolve challenges related to in-season
management of annual catch limits.
Northeast Groundfish Research.--The Committee is concerned
about the decline of the Northeast Multispecies Fishery and the
health of fishing stocks in the Gulf of Maine. Within funding
provided for Fisheries Ecosystem Science Programs and Services,
the Committee provides $2,000,000 for groundfish research, with
a focus on the effects of changing climatic conditions and
warming waters on the fishery, including stock health and
natural mortality. NOAA is further encouraged to prioritize
research regarding relative gear efficiency and stock
boundaries. This funding is intended to support research
conducted by the Northeast Fisheries Science Center, research
conducted separately by, or in collaboration with, outside
partners such as higher education institutions or State
agencies, and research conducted in cooperation with the
fishing industry.
Cooperative Research.--Depleted fish stocks result in
significant economic losses to our Nation. At a time when
fishing opportunities are constrained by uncertainty in stock
assessments and increased access to healthy stocks depends on
better data, the Committee believes that maintenance of ongoing
monitoring programs, surveys, and improved research is
critical. The Committee encourages NMFS to continue to
prioritize long-time series surveys that are conducted
cooperatively with industry and States. NMFS is additionally
encouraged to prioritize studies using video systems deployed
in commercial trawl nets for surveys conducted cooperatively
with States, industry, and nonprofit institutions that can be
validated and incorporated into survey data. NMFS is also
encouraged to focus on improved understanding of natural
mortality and relative gear efficiency to ensure accurate
measures of catchability. Furthermore, the Committee encourages
the Northeast Fisheries Science Center to consider prioritizing
cooperative research efforts for species that are experiencing
shifts in range and population density due to warming waters
and other global environmental changes.
The Northeast Fisheries Science Center is directed to work
collaboratively with the fishing industry to update and publish
the Northeast Cooperative Research Strategic Plan, including:
the identification of science priorities; a process for greater
involvement of fishermen in data collection; and better
communication of how the results of cooperative fisheries
research are used.
Baseline Data for Gulf of Mexico.--The Committee directs
NOAA to continue supporting baseline research for fisheries
health in the Gulf of Mexico, including studies of pelagic
species. NOAA is encouraged to increase and continue
collaborations in the Gulf to establish an integrated and
comprehensive ecosystem-level fisheries monitoring enterprise
and sentinel species program.
Electronic Monitoring and Reporting.--Within Fisheries
Ecosystem Science Programs and Services, the Committee provides
no less than the fiscal year 2018 amount for Electronic
Monitoring and Electronic Reporting [EM/ER] to support the
development, testing, and installation of EM/ER technologies
across the country. The Committee recognizes that advancements
in EM/ER have the potential to cut costs and improve data
collection for most U.S. fisheries. NMFS is directed to
prioritize EM/ER implementation in fiscal year 2019, and
expedite to the fullest extent practicable the transition to
full EM/ER. Within the funds provided for these activities, not
less than $3,500,000 shall be available, in accordance with 16
U.S.C. 3701, for collaborative partnerships that include non-
Federal matching funds to implement cost-shared EM/ER programs
that support fisheries conservation and management. During the
development and implementation of electronic reporting and
monitoring programs, NOAA shall consult directly with industry
and work through the Fishery Management Councils (established
under sections 1851 and 1852 of title 16) to develop
appropriate cost-sharing arrangements that are commensurate
with the ex-vessel value of the fishery.
Furthermore, NMFS shall continue to work in fiscal year
2019 with the charter for-hire recreational fishery fleet in
the Gulf of Mexico; the Northeast multispecies groundfish
fishery fleet, including small vessels within that fleet; and
any regional fishery fleet interested in implementing EM/ER
technologies to better track information that is currently
collected through the use of human observers.
Electronic Monitoring Data Storage.--Within 60 days of
enactment of this act, the Committee directs NMFS to provide a
report to the Committee detailing how NMFS intends to store
data collected from Electronic Monitoring [EM]. Because the
Committee believes storing EM data for periods longer than 18
months would be unnecessary and not cost efficient, the report
should include any reasoning that may be contrary to the
Committee's position.
Northeast Multispecies Fishery.--The Committee recognizes
that the New England groundfish fisheries management programs
continue to present substantial financial challenges to the
participants as well as to the economic sustainability of those
fisheries and fishing communities. NOAA is directed to fully
fund the At-Sea Monitoring costs in the New England groundfish
fishery, including sea and shore side infrastructure costs. The
Committee provides $10,300,000 within Observers and Training
for this purpose. NOAA is directed to submit a plan to the
Committee not less than 180 days after enactment of this act
that will establish fully operational electronic monitoring and
reporting procedures for the Northeast Multispecies Fishery not
later than September 30, 2021. The plan should include NOAA's
proposal to cover vessel equipment and installation costs, with
daily, half-day, or quarter-day operational costs to be borne
by the fishing vessels. The Committee notes that while
participation in EM/ER observer coverage will remain voluntary
after the September 30, 2021, deadline, vessels not
participating in EM/ER coverage will also be required to cover
their daily, half-day, or quarter-day observer costs after that
date.
Illegal, Unreported, and Unregulated [IUU] Fishing.--Under
Fisheries Management Programs and Services, the Committee
provides no less than the fiscal year 2018 amount to combat IUU
fishing. An additional $1,400,000 is provided for the
implementation of the program established under Section 539 of
the Commerce, Justice, Science, and Related Agencies Act, 2018
(Public Law 115-141). NOAA is directed to continue
strengthening its efforts to detect and deter illegally
harvested and improperly documented seafood, including working
with other U.S., international, and foreign agencies to ensure
fair competition for our country's domestic fishermen and
safety for American consumers.
The Committee encourages NOAA to work with U.S. Customs and
Border Protection to improve and expand efforts to identify
high-risk shipments and collect critical import data in order
to increase enforcement of import restrictions on IUU seafood
products and expand investigations of foreign IUU hotspots.
Additionally, the Committee supports NOAA's Office of Law
Enforcement and its efforts to combat IUU fishing. NOAA is
directed to consider how innovative remote sensing technology
could help fulfill its mission, including satellite imaging and
traceability, and shall consider developing a comprehensive IUU
enforcement strategy in consultation with the U.S. Coast Guard.
NOAA may also confer with the Federal Law Enforcement Training
Center [FLETC] and may contract with FLETC to assess and
provide technical assistance to improve NOAA's current law
enforcement strategy.
Bycatch Reduction.--The development and implementation of
practical bycatch solutions is a priority for U.S. and
international fisheries management and protected species
conservation. The Committee supports the requested amount for
reducing bycatch, of which NMFS is directed to make no less
than the fiscal year 2018 amount available for competitive
grants to non-Federal researchers working with U.S. fishermen
on the development of improved fishing practices and innovative
gear technologies.
Pacific Coast Groundfish Fishery.--The Committee recognizes
the ongoing impacts on the Pacific coast groundfish fishery
trawl industry resulting from NMFS's delay in promulgating
regulations to collect loan payments for the 2003 fishing
vessel and permit buyback program. This delay caused an
additional $4,000,000 in interest to accrue, resulting in an
estimated $10,000,000 of additional loan payments for the
Pacific coast groundfish fishery trawl industry. The Committee
notes the implementation of the Revitalizing the Economy of
Fisheries in the Pacific Act of 2014, section 3095 of Public
Law 113-291, which is intended to provide relief related to
this legacy issue.
Regional Aquaculture Coordinators.--The Committee directs
NMFS to designate a Regional Aquaculture Coordinator [RAC] for
each of the six National Marine Fisheries Regions, to be
located at each respective regional office. The goal of each
RAC should be to liaise with aquaculture stakeholders and
industry as well as relevant Federal, State, local, and tribal
government entities; assist with Federal grants management and
training programs; and foster science collaborations among
stakeholders, academics, and governments within their
designated fisheries region.
Regional Pilots in Sustainable Aquaculture.--The NMFS
Aquaculture Office is directed to continue regional pilot
programs for partnerships between the seafood industry and
community partners that can develop, validate, and deploy
economically and environmentally sustainable aquatic farming
techniques and regional business practices to grow domestic
seafood production. To maximize the impact of these pilot
grants, NMFS is encouraged to give priority consideration to
promising but less commercially developed technologies, such as
those targeting shellfish, seaweed, and other relative
newcomers to the domestic aquaculture industry. The Committee
provides $2,500,000 in the NMFS Aquaculture budget for this
purpose. This funding is in addition to the laboratory funding
for NOAA's fisheries science centers engaged in aquaculture
research, which shall be funded at no less than the fiscal year
2018 enacted level.
Aquaculture Activities at Fisheries Science Centers.--The
Committee remains concerned about the staffing levels at NMFS
fisheries science centers. NOAA is encouraged to grow staffing
levels and improve resources and facilities at the Northeast
and Northwest Fisheries Science Centers to return staffing
levels to those in fiscal year 2010.
Oyster Aquaculture, Research, and Restoration.--Within the
increased funding level provided for NMFS Aquaculture, the
Committee provides no less than $5,000,000 to support ongoing
research in off-bottom oyster production in coastal areas,
particularly those new to this method of production, including
the Gulf of Mexico, and encourages NMFS to dedicate resources
for further research in oyster genetics, disease, and economic
modeling. NMFS is also encouraged to support regional
partnerships to classify and preserve natural genetic variation
in oysters.
In addition, the Committee recognizes that the shellfish
farming industry is composed of thousands of small farmers who
are unable to fund critical research in the fields of shellfish
disease, food safety, warming waters, and ocean acidification.
To improve coordination and consistency, the Committee directs
NMFS Aquaculture to engage and partner with industry, academic
institutions, and States to conduct collaborative research to
address the challenges facing this growing industry. Further,
NMFS Aquaculture is encouraged to coordinate with the
Department of Agriculture's Agricultural Research Service [ARS]
to leverage and supplement existing ARS shellfish research
partnerships.
Salmon Management Activities.--Within the amount provided
for Salmon Management activities, the Committee recommends
$16,000,000, an increase of $2,000,000 above fiscal year 2018,
to enable States and tribal communities to implement necessary
Pacific Salmon Treaty agreements. The Committee fully supports
all other aspects of the budget request for Salmon Management
activities that are essential to meeting these treaty
obligations. The Committee also provides no less than the
fiscal year 2018 amount for the operation and maintenance of
Mitchell Act hatcheries.
Genetic Stock Identification.--The Committee supports
continued research and testing of genetic stock identification
[GSI] management techniques in the Pacific salmon fishery to
meet the dual purpose of protecting weak and the Endangered
Species Act listed stocks, while allowing for sustainable
commercial and recreational access to healthy stocks in the
wild. NMFS shall continue to support GSI research, including
the collection, analysis, and testing of methods that rely on
genetics-based data to identify and track the location of
federally protected stocks in the wild.
Fishery Councils and Commissions.--The Committee provides
$40,175,000 to support the Regional Fishery Management
Councils, Interstate Marine Fisheries Commissions, and
International Fisheries Commissions, which represents a 12
percent increase over fiscal year 2018. NMFS shall apply this
percentage increase equally across Councils & Commissions.
Furthermore, the Committee recognizes the important role
that regional management plays in sustaining a balanced
ecosystem and healthy fish populations and the advantage that
aggregate data can provide in understanding emerging trends
across our Nation's fisheries. The Committee directs the
Regional Councils and Fisheries Commissions to prioritize
research and monitoring of high priority species in the face of
changing environmental conditions.
Offshore Wind.--The Committee supports the responsible
development of renewable energy projects off the Atlantic Coast
and the existing offshore wind permitting process, which
includes assessing impacts on fisheries and marine mammals. The
Committee also acknowledges the importance of consultation with
the fishing industry in the siting of wind energy areas to
ensure sustained access to important fishing grounds that
support the economic growth of coastal communities. Therefore,
the Committee encourages NOAA, in consultation with the Bureau
of Ocean Energy Management within the Department of the
Interior, the regional fishery management councils, and the
Atlantic States Marine Fisheries Commission, to improve
engagement with the fishing industry.
Cooperative Agreements with States.--The Committee rejects
the administration's proposal to eliminate funding for
cooperative enforcement agreements with States, including
execution of Joint Enforcement Agreements. Instead, no less
than the fiscal year 2018 amount is provided for these
activities that are critical for proper surveillance and
enforcement of our nation's fisheries laws. Additionally, the
Committee directs NMFS Office of Law Enforcement to use a
stable funding model and ensure that Federal enforcement
requirements are better aligned with the priorities of State
and territorial enforcement partners.
Northeast Lobster Enforcement.--The Committee encourages
continued collaboration between States, NOAA, and the U.S.
Coast Guard to improve Federal capacity for offshore lobster
enforcement in the Northeast. Offshore enforcement of fixed-
gear fisheries, such as lobster, is critical to ensure fishing
gear is compliant and minimizes negative impacts on whale
health. The Committee directs NOAA to report to the Committee
within 180 days on its progress on this issue and any further
steps needed to ensure adequate enforcement of offshore lobster
fishing.
Horseshoe Crab Survey.--The Committee remains concerned
about the inability to estimate the abundance of the mid-
Atlantic horseshoe crab population. Adequate data is required
to ensure State and interstate managers can effectively manage
the stock, which is important to the biomedical and commercial
fishing industries, as well as to the ecology of the mid-
Atlantic region. The Committee encourages NMFS to continue this
important survey to generate the data necessary to ensure the
mid-Atlantic horseshoe crab stock remains on a sustainable
path.
Seafood Reporting.--The United States leads the world in
responsibly managed fisheries and aquaculture, and the
Committee supports NOAA's activities to inform consumers about
our Nation's sustainable fisheries through the agency's
FishWatch program. However, the Committee is concerned that the
exclusive use or recognition of third-party certifications for
seafood sustainability by the Department could have unintended
consequences for various domestic fisheries. The Committee
acknowledges that some U.S. fisheries voluntarily utilize
third-party seafood sustainability certification schemes, but
believes it is not the Department's role to adopt such
certification schemes when doing so could result in the
Department arbitrarily influencing the U.S. domestic seafood
market. The Committee believes support for third-party
certifications is best presented in non-governmental forums.
Therefore, the Committee directs the Department not to adopt,
use, or promote any third-party certification scheme for
seafood sustainability but to instead continue providing
consumers with independent and accountable information
generated from within the Department.
Economic Impact of Turtle Excluder Devices [TEDs].--In
fiscal year 2018, the Committee directed NMFS to provide a
report regarding any potential rule to require all skimmer
trawls, pusher-head trawls, and wing nets rigged for fishing to
use TEDs in their nets. The report directed NMFS to provide
specific steps it would consider to eliminate the negative
economic impact of any such rule. The Committee directs NMFS to
deliver the report as soon as possible for the Committee to
review and further consider this important issue.
Habitat Conservation and Restoration.--The Committee
provides $61,384,000 for Habitat Conservation and Restoration
activities. Up to $8,000,000 may be used to address the
Essential Fish Habitat consultation backlog. Within the amount
provided, NOAA is encouraged to include funding for the multi-
year Habitat Blueprint Focus Area partnership agreements
developed under the Habitat Blueprint initiative. The Committee
encourages NOAA to include a broader ecosystem-based management
philosophy; expand criteria to include recreational species,
managed commercial species, and forage species; and prioritize
proposals that engage local communities. NOAA should continue
to emphasize the value of partnerships when evaluating grant
applications.
NOAA OCEANIC AND ATMOSPHERIC RESEARCH
The Committee's recommendation provides $508,256,000 for
Oceanic and Atmospheric Research [OAR]. OAR programs provide
environmental research and technology needed to improve NOAA
weather forecasts, climate predictions, and marine services. To
accomplish these goals, OAR supports a network of scientists in
its Federal research laboratories, universities, and joint
institutes and partnership programs.
Committee recommendations are displayed in the following
table:
OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Climate Research:
Laboratories and Cooperative Institutes.......... 61,000
Regional Climate Data and Information............ 39,000
Climate Competitive Research..................... 60,000
------------------
Total, Climate Research........................ 160,000
==================
Weather and Air Chemistry Research Programs:
Laboratories and Cooperative Institutes.......... 75,000
U.S. Weather Research Program.................... 18,000
Tornado Severe Storm Research/Phased Array Radar. 12,622
Joint Technology Transfer Initiative............. 10,000
------------------
Total, Weather and Air Chemistry Research...... 115,622
==================
Ocean, Coastal and Great Lakes Research:
Laboratories and Cooperative Institutes.......... 40,000
National Sea Grant College Program............... 71,000
Marine Aquaculture Research...................... 12,000
Sustained Ocean Observations and Monitoring...... 43,500
Integrated Ocean Acidification................... 11,000
Ocean Exploration................................ 35,000
National Oceanographic Partnership Program [NOPP] 8,000
------------------
Total, Ocean, Coastal and Great Lakes Research. 220,500
==================
High Performance Computing Initiatives............... 12,134
==================
GRAND TOTAL OAR................................ 508,256
------------------------------------------------------------------------
Laboratories and Cooperative Institutes.--The Committee
provides $4,000,000 above the fiscal year 2018 enacted level
for Ocean, Coastal and Great Lakes Research Laboratories and
Cooperative Institutes and expects the administration to fully
fund Cooperative Institutes at appropriate levels in future
years, including those currently supporting NOAA 's coastal
resilience mission.
Additionally, not less than 90 days after enactment of this
act, NOAA is directed to update its ``Prospectus for
Cooperative Institutes in the 21st Century'' plan to include
the procedures under which a university or other academic
institution can apply for Cooperative Institute status. The
Committee continues to strongly support well established
institutes, including those focused on watershed effects on
marine ecosystems, remote sensing, and long-term monitoring of
oil spill impacts on marine ecosystem health.
Climate Research.--The Committee rejects OAR's request to
eliminate Climate Competitive Research and Arctic Research.
Instead the Committee provides $2,000,000 above the fiscal year
2018 enacted amount, including for the support and expansion of
the National Integrated Drought Information System and the
Regional Drought Early Warning Information System.
Arctic Research.--The Committee provides no less than
$6,000,000 for arctic research funded under OAR's Climate
Laboratories and Cooperative Institutes and Regional Climate
Data and Information.
Weather & Air Chemistry Laboratories and Cooperative
Institutes.--The Committee rejects OAR's proposed elimination
of the Air Resources Laboratory [ARL], as well as OAR's
proposed closing of the Unmanned Aircraft Systems [UAS] Program
Office. The Committee provides no less than the fiscal year
2018 enacted amount for ARL and the UAS Program Office.
Unmanned Aircraft Systems.--The Committee encourages NOAA
to collaborate with NASA and other agencies to develop and
deploy UAS capabilities for environmental sensing applications.
These UAS assets should be deployed to benefit existing data
collection and modeling needs and goals, including for weather
prediction, earth system monitoring, and environmental and
climate research.
Multi-Function Phased Array Radar [MPAR] Program.--The
Committee recognizes the importance of the MPAR program in the
development and implementation of the next generation weather
and aircraft radar surveillance network. The Committee directs
NOAA to maintain its leadership in the MPAR research and
development effort as the program transitions to the Spectrum
Efficient National Surveillance Radar [SENSR] program, and
encourages continued work on a Memorandum of Understanding
among NOAA, the Federal Aviation Administration, the Department
of Defense, and the Department of Homeland Security that
delineates each agency's or Department's needs regarding the
function and timeline of a joint multi-use and multi-function
radar system.
Vortex-Southeast [Vortex-SE].--The Southeastern United
States commonly experiences devastating tornadoes under
variables and conditions that differ considerably from the
Midwest, where tornado research has historically been focused.
Within funds provided for Weather and Air Chemistry Research
Programs, no less than $5,000,000 is provided for OAR to
continue collaborating with the National Science Foundation's
Vortex-SE initiative to better understand how environmental
factors that are characteristic of the Southeastern United
States affect the formation, intensity, and storm path of
tornadoes for this region.
Remote Sensing for Snowpack and Soil Moisture.--The
Committee strongly supports NOAA's continued development of the
National Water Model to improve operational forecasts at NOAA's
National Water Center. Within funding provided for OAR's U.S.
Weather Research Program, up to $2,000,000 is for research
activities to improve fine and large-scale measurements of snow
depth and soil moisture data that can be used to expand and
improve the National Water Model and contribute directly to the
mission of NOAA's National Water Center.
Hydrologic Modeling Grants.--The Committee recognizes the
success of the National Water Model in advancing flood
forecasting and predicting other water related hazards. Within
funding for the U.S. Weather Research Program, OAR shall make
grants available for the development of high resolution
hydrologic modeling systems to address issues related to
floods, drought, water quality, and ecosystem health. Research
should include addressing water-related issues in the
Southeastern United States, including those relating to
agriculture.
Airborne Phased Array Radar [APAR].--Within funding for
NOAA's U.S. Weather Research Program, no less than $4,000,000
is provided to research and develop aircraft-based hazardous
weather observing systems, such as APAR. NOAA shall coordinate
these research and development activities with the National
Science Foundation.
Infrasonic Weather Monitoring Research.--Within funding
provided for the U.S. Weather Research Program, the Committee
provides up to $1,000,000 to support external research
opportunities with academic institutions in infrasonic
monitoring methods of violent weather. The Committee believes
that advanced infrasound signal processing methodologies and
studies, deployed through a network of infrasound arrays to
detect tornadoes and hurricanes, have the potential to improve
forecast accuracy.
National Sea Grant College Program.--The Committee again
flatly rejects the administration's proposed elimination of
NOAA's Sea Grant program. Instead, the Committee provides an
increase of $6,000,000 above the fiscal year 2018 enacted
amount for the Sea Grant program and its research, education,
extension, and outreach activities, which are critical for
coastal communities and benefit the entire Nation. This level
of funding supports the key focus areas in the program's
strategic plan: sustainable fisheries and aquaculture,
resilient communities and economies, healthy coastal
ecosystems, environmental literacy, and workforce development.
In addition, the Committee directs NOAA to continue funding all
Sea Grant STEM education and fellowship programs. Further, NOAA
is directed to continue its partnership with academic programs
that provide legal expertise related to Sea Grant's mission and
also encourages the Sea Grant program to prioritize providing
training, education, outreach, and technical assistance for
young fishermen.
Additionally, the Committee understands that the Sea Grant
program provides no less than $1,000,000 in annual base
funding, or $4,000,000 over the course of the 4-year grant
cycle, to each Sea Grant program with Institutional or College
Program status. NOAA is directed to continue this funding model
for Sea Grant programs receiving Institutional or College
Program status in fiscal year 2019.
Sea Grant Fellowship Program.--NOAA's Sea Grant program is
reminded that the Committee's broad support is due to the
program's historically objective standards, State-driven goals,
and non-partisan priorities. Within NOAA's Sea Grant program,
the National Sea Grant Fellowship program serves as a valuable
pipeline for our Nation's future ocean science and policy
experts. The Fellowship program should remain objective and
apolitical, and should increase its efforts to recruit
qualified, non-partisan candidates who are committed to working
on oceans and coastal issues for any Member of Congress,
regardless of political affiliation.
Fisheries-Related Research.--The Committee remains
concerned about the negative impacts of the short recreational
fishing season for red snapper in the Gulf of Mexico. While the
relief provided by the administration for the 2018 fishing
season is welcomed, the Committee notes it is only a short-term
solution with the potential to further restrict fishing access
in the future. Additional data sources and assessment
approaches are needed and should be pursued by entities other
than NOAA's regulating line office, NMFS. Therefore, the
Committee continues to provide up to the fiscal year 2018
enacted level within Sea Grant to research and develop
alternative approaches to data collection and analyses.
American Lobster Research.--Within increased funding for
the Sea Grant program, the Committee provides $2,000,000 for
partnerships between State agencies, academia, and industry to
address American lobster research priorities in the Gulf of
Maine, Georges Bank, and southern New England. Research should
focus on stock resilience in the face of environmental changes,
including life history parameters, distribution and abundance,
and species interactions, with the purpose of informing future
management actions.
Aquaculture Research.--The Committee provides $12,000,000
for marine aquaculture research. NOAA is directed to support
marine aquaculture research and development in partnership with
universities. Similar research efforts have led to beneficial
outcomes such as the development and commercialization of new
technologies to meet the domestic demand for seafood, including
finfish, shrimp, and oysters. As the administration strives to
reduce our Nation's significant trade deficit in aquaculture-
raised seafood, NOAA shall report to the Committee within 90
days of enactment of this act on the important contributions
Aquaculture Research grants have made to domestic seafood
production.
Ocean Exploration.--The Committee directs NOAA to use a
portion of the funding provided for Ocean Exploration to make
competitive external awards to academic institutions that have
partnered with OAR's Ocean Exploration program in the past.
This includes those institutions with ocean-going assets, such
as Autonomous Underwater Vehicles [AUV], to support new
exploration missions, expeditions, and deep-sea research in the
Gulf of Mexico.
NOAA is also encouraged to work with the Department of
Defense and other relevant agencies to continue fundamental
ocean exploration in which open source data are collected for
the oceanographic community and private industries in real-time
through telepresence technology. Furthermore, the Committee
encourages NOAA to leverage partnerships with universities to
increase capacity for deepwater AUVs as a means to sustain
utility of AUV assets. The Committee also encourages NOAA to
work with the Department of Defense, especially the Naval
Meteorology and Oceanography Command and the Naval Undersea
Warfare Center, to leverage assets and facilities to support
deepwater AUV program development.
National Oceanographic Partnership Program.--The Committee
provides $8,000,000 to advance ocean science research through
the National Oceanographic Partnership Program [NOPP] (10
U.S.C. 7901-7903), provided that none of the funding provided
may be used to support more than 50 percent of any particular
project cost. Of the funding provided for NOPP, up to
$3,000,000 may be used to continue projects supported by fiscal
year 2018 funds under the Ocean Joint Technology Transfer
Initiative [O-JTTI], and such funds provided in fiscal year
2019 may be used to support up to 100 percent of these project
costs.
NOAA NATIONAL WEATHER SERVICE
The Committee's recommendation provides $1,019,219,000 for
the National Weather Service [NWS]. NWS programs provide timely
and accurate meteorologic, hydrologic, and oceanographic
warnings and forecasts to ensure the safety of the population,
mitigate property losses, and improve the economic productivity
of the Nation. NWS is also responsible for issuing operational
climate forecasts for the United States. The Committee has made
saving lives and livelihoods through accurate weather
forecasting a priority.
The Committee's recommendations are displayed in the
following table:
NATIONAL WEATHER SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Observations.......................................... 224,363
Central Processing.................................... 97,890
Analyze, Forecast, and Support........................ 503,938
Dissemination......................................... 50,028
Science and Technology Integration.................... 143,000
-----------------
GRAND TOTAL NWS................................. 1,019,219
------------------------------------------------------------------------
Information Technology Officers [ITOs].--The Committee does
not approve the NWS proposal to consolidate ITOs in fiscal year
2019. NWS was invited to submit a proposal for a single pilot
Regional Enterprise Application Development and Integration
[READI] team comprised of volunteer ITOs. However, the
Committee has not yet received such a proposal. Should NWS
decide to submit a proposal for a single pilot READI team
project, its subsequent successes and challenges will assist
the Committee in evaluating the larger consolidation proposal
if resubmitted in future fiscal years.
NWS Staffing.--The Committee is very concerned with the
continued number of NWS employee vacancies. Given the
importance of the NWS mission to protect the lives and property
of our Nation's citizens, extended vacancies are unacceptable--
particularly when the Committee has provided more than adequate
resources and direction to fill vacancies expeditiously for the
past several fiscal years. Because NWS has failed to respond
satisfactorily to the Committee's concerns regarding these
vacancies, NOAA is directed to present a separate accounting of
all NWS filled and open positions, including the length of time
the positions have been unfilled, in its fiscal year 2019 spend
plan. The spend plan shall also include the specific funding
proposed for all NWS employees and associated expenses that are
separate from other program costs.
The Committee also recognizes that some vacant NWS
positions may be redundant and invites the Department to submit
a justification for eliminating redundant unfunded vacancies in
its fiscal year 2020 budget request, to include a full list of
positions proposed for elimination, including reasoning for
each elimination. Until such time as a plan to eliminate those
vacancies is approved, NWS is directed to continue efforts to
fill all vacancies as expeditiously as possible. Furthermore,
the Committee adopts direction provided in the Explanatory
Statement accompanying Public Law 115-141 regarding quarterly
briefings on NWS staffing.
Report on NWS Staffing in Alaska.--The Committee remains
concerned about potential NWS staffing reductions in Alaska. As
a part of the Explanatory Statement accompanying Public Law
115-141, the Committee directed the NWS to provide a report
about how the NWS plans to maintain or improve forecasting and
communication around the State, especially in the most remote
areas. The Committee looks forward to receiving and reviewing
this report, and reminds NWS that any staffing changes must
comply with the reprogramming procedures set forth in section
505 of this act.
National Mesonet Program.--The Committee provides
$19,000,000 for the continuation and expansion of the National
Mesonet Program. Funds should be made available through a
competitive weather data procurement that sustains coverage of
areas currently included within the national mesonet, as well
as an expansion of coverage in high risk areas. NOAA is also
encouraged to add new observations such as total lightning
data, regional aircraft observations, and vertical column
measurements in tornado-prone areas. Additionally, within funds
provided, NOAA is encouraged to incorporate state mesonet data
into the national mesonet network. NOAA should require that
awardees provide mesonet data in formats that can be integrated
by NWS for use in forecasts and severe weather alerts. Of the
funds provided, up to $500,000 may be used for Meteorological
Assimilation Data Ingest System activities, and up to $500,000
may be used for costs associated with the National Mesonet
Program Office. The Committee views the National Mesonet
program as an important component of any effort to effectively
develop a ``Weather-Ready Nation'' and expects that future NOAA
budget requests will continue to reflect it as a priority.
National Centers for Environmental Prediction [NCEP].--The
Committee does not adopt the NWS proposal to consolidate
centers under NCEP in fiscal year 2019.
Facilities Maintenance.--Within funding for Analyze,
Forecast and Support, the Committee provides $8,000,000 for the
NWS's highest priority facilities repair and deferred
maintenance requirements at Weather Forecast Offices [WFOs].
Advanced Hydrologic Prediction Services Expansion [AHPS].--
The Committee rejects NWS's proposal to slow the expansion of
AHPS, which will enable greater information on the magnitude
and likelihood of floods and droughts across certain areas of
the nation. No less than the fiscal year 2018 amount is
provided for AHPS activities.
National Data Buoy Center [NDBC].--The Committee provides
sufficient funding to maintain, at a minimum, NDBC operations
at 80 percent data availability. The Committee directs NOAA to
provide adequate funding to support maintenance and service of
the Tropical Atmosphere/Ocean Array [TAO] and Deep Ocean
Assessment and Reporting of Tsunamis [DART] array across the
equatorial Pacific. The Committee further directs NOAA to
include a schedule to restore existing data buoy operability
and its strategy to minimize outages in the future as part of
the agency's spending plan.
Tsunami Warning Program.--The Committee rejects NWS's
proposed cut to the Tsunami Warning Program. Funding is
provided at no less than the fiscal year 2018 amounts,
including for the National Tsunami Hazard Mitigation program
grants, to ensure that high-quality tsunami watches, warnings,
and advisories are issued to safeguard lives and property.
Advanced Weather Interactive Processing System [AWIPS].--
Within increased funding for Central Processing, the Committee
provides NWS's full request for AWIPS Cyclical Refreshment.
Integrated Water Prediction [IWP] and the National Water
Model.--The Committee does not approve the requested decrease
to the IWP program, which is funded across multiple NWS budget
lines. Instead, the Committee provides no less than the fiscal
year 2018 amount for IWP. Similarly, the Committee rejects
slowing the development of the National Water Model and
provides no less than the fiscal year 2018 level for its
continued and expedited development.
National Water Center.--The Committee provides no less than
the fiscal year 2018 enacted level for operations and staffing
of the National Water Center [NWC] to develop and operate IWP.
NWS shall leverage this funding with resources provided to NOS
for IWP and resources provided to OAR for remote sensing of
snowpack and soil moisture measurements.
The Committee is pleased with research-to-operations
efforts at the NWC between NWS and the University Corporation
for Atmospheric Research. This relationship highlights how
separate entities and agencies can work together to transfer
research into operational solutions that benefit the Nation.
The NWC serves as the first ever clearinghouse for research and
operational forecasting of all water-related issues facing our
Nation, including: severe floods, storm surge, droughts, and
water quality, among others. Given the importance of NWC to
better protect lives and property of our Nation's citizens,
NOAA is directed to expedite staffing and operations at NWC to
achieve full operating capability as soon as possible.
Furthermore, to improve the effectiveness and efficiency of the
NWS Office of Water Prediction, and to foster development of
the NWC as a center of excellence for water resources
prediction and related decision support services, funding is
provided within Analyze, Forecast, and Support to increase
staffing levels at the NWC Water Prediction Operations Division
above the planned fiscal year 2018 staffing levels. The NWS is
directed to post and fill future vacancies within the Office of
Water Prediction expeditiously, and NWS is encouraged to
consolidate personnel, as deemed necessary to create staffing
efficiencies, to the NWC. The Committee directs NOAA to provide
a report no less than 45 days after enactment of this act with
an updated staffing plan that includes an update on commitments
from partner agencies and a timeline for achieving baseline
operating capability in the first quarter of fiscal year 2019.
Hydrology and Water Resource Programs.--The Committee
provides no less than $6,000,000 for NWS, in coordination with
existing academic research consortiums, such as the University
Corporation for Atmospheric Research, to collaborate with
external academic partners to improve fine and large-scale
measurements of snow depth and soil moisture data that can be
used to expand and improve the National Water Model and
contribute directly to the mission of NOAA's National Water
Center.
Consumer Option for an Alternative System To Allocate
Losses [COASTAL] Act Implementation.--Within funding provided
for Science and Technology Integration, the Committee provides
not less than $5,000,000 for the continued development and
implementation of the COASTAL Act, which was included in the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141). The Committee supports NOAA's work to assist
homeowners impacted by destructive winds and storm surges
associated with hurricanes and super-storms. The Committee
directs NOAA to continue to leverage existing Federal assets,
expertise, and partnerships in carrying out COASTAL Act
activities. Furthermore, NOAA is directed to provide the
Committee with updates every 6 months on progress made and
challenges related to implementation, as well as any proposed
solutions.
Storm Surge Modeling Technology.--The Committee recognizes
the need to deploy more precise, accurate, and real-time
modeling technology that is tailored to specific regions. These
activities would improve and complement NOAA's Sea, Lake, and
Overland Surge from Hurricanes [SLOSH] model. The Committee
directs NOAA to expand existing collaborations with research
universities that will produce better predictive capabilities
than NOAA's current SLOSH model provides. The Committee directs
NOAA, in collaboration with academic research institutions and
other Federal agencies, to integrate improved technologies into
standard modeling operations for storm surge and inland
flooding.
Inland Flooding.--The Committee is aware that flood
evacuations are typically planned for storm surge flooding and
not the subsequent inland flooding that occurs with major
weather events. The Committee encourages NWS, in coordination
with State and Federal partners, to advance its inland flooding
model based on the assessment of flood potential using sensor
and elevation data to determine areas of impact, as well as
safe evacuation paths and shelter locations. NWS and its
partners should focus on obtaining information that can be
applied to a model for inland evacuation planning, and be used
by communities interested in a tested inland flood evacuation
network plan. The model should eventually be integrated with
the National Water Model to provide comprehensive, real-time
evacuation information.
Science and Technology Integration.--The Committee provides
no less than the fiscal year 2018 level for Mid-Range Weather
Outlooks, including seasonal to subseasonal forecasting, and
Investments in Numerical Weather Prediction Modeling, which
provides critical support to the Hurricane Forecast Improvement
Project, among other important forecasting activities.
Furthermore, the Committee urges NOAA to expedite the project
plan described by the Hurricane Forecast Improvement Act
(Public Law 115-25). The Committee encourages NWS to reduce
errors in tracking and intensity forecasts of hurricanes by
identifying technology and methods available to significantly
improve hurricane forecasting.
NWS Radar and Satellite Spectrum Studies.--As NOAA
continues its study to evaluate sharing the 1675-1680 MHz GOES
band, the Committee directs the agency to consult with private
industry about the potential application of spectrum sharing
technology for shared commercial use. Furthermore, NOAA is
encouraged to study opportunities for early entry and flexible
access to the 1300-1350 MHz spectrum band through use of
private sector spectrum sharing technologies that protect
Federal incumbents while making spectrum available for
commercial use. The Committee believes such a study may provide
additional options for the Spectrum Efficient National
Surveillance Radar [SENSR] program to both enable commercial
use of the 1300-1350 MHz spectrum band and reduce technology
risk in the multistakeholder SENSR program.
NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
The Committee's recommendation provides $242,666,000 for
National Environmental Satellite, Data and Information Service
[NESDIS] operations. NESDIS programs operate environmental
polar-orbiting and geostationary satellites and collect and
archive global environmental data and information for
distribution to users in commerce, industry, agriculture,
science, and engineering, the general public, and Federal,
State, and local agencies.
The Committee's recommendations are displayed in the
following table:
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Office of Satellite and Product Operations........ 146,924
Product Development, Readiness & Application...... 31,000
Commercial Remote Sensing Licensing & Enforcement. 1,800
Office of Space Commerce.......................... 1,800
Group on Earth Observations [GEO]................. 500
-----------------
Total, Environmental Satellite Observing Systems 182,024
=================
National Centers for Environmental Information........ 60,642
-----------------
GRAND TOTAL NESDIS.............................. 242,666
------------------------------------------------------------------------
National Centers for Environmental Information [NCEI].--The
Committee recommends $60,642,000 for NCEI, which consolidated
several programs previously funded separately. While the
Committee supports the current budget structure for NESDIS, it
is essential to ensure that key programs continue to receive
adequate funding. Specifically, the Committee provides not less
than the fiscal year 2018 enacted levels of $6,000,000 for
Regional Climate Services, $3,650,000 for Regional Climate
Centers, and $5,500,000 for Coastal Data Development. NOAA
shall consider the Coastal Data Development program as the
central repository to manage data collections and information
services of the various Gulf of Mexico Restoration activities
funded in response to the 2010 Deepwater Horizon oil spill for
scientific stewardship. Furthermore, within NCEI, the Committee
encourages NOAA to fully support critical international
partnerships, including the Global Climate Observing System.
Big Earth Data Initiative.--The Committee rejects the
proposed elimination of the Big Earth Data Initiative and
provides no less than the fiscal year 2018 amount for the
program.
NOAA MISSION SUPPORT
The Committee's recommendation provides $269,256,000 for
NOAA's mission support activities. These programs provide for
overall NOAA management, including staffing of the Under
Secretary's office and services to NOAA field offices. These
programs also support NOAA's Education Office consistent with
the recommendations of the Joint Ocean Commission. The
facilities subactivity provides for repair and maintenance to
existing facilities, planning and design, and environmental
compliance.
Committee recommendations are displayed in the following
table:
MISSION SUPPORT OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Corporate Services:
Executive Leadership.............................. 27,957
Mission Services and Management................... 148,000
IT Security....................................... 10,050
Payment to DOC Working Capital Fund............... 55,249
-----------------
Total, Corporate Services....................... 241,256
=================
NOAA Education Program................................ 28,000
=================
GRAND TOTAL, MISSION SUPPORT.................... 269,256
------------------------------------------------------------------------
Corporate Services.--Within funding provided for Corporate
Services, NOAA is directed to focus on improving workforce
management, particularly expediting the hiring process to fill
extended vacancies with highly qualified candidates across the
agency's line offices. NOAA shall also focus on improving its
management of acquisition and grant services.
Facilities.--The Committee provides no less than the fiscal
year 2018 enacted amount for NOAA Facilities.
Education.--The Committee rejects the proposal to eliminate
NOAA's Office of Education. Within the funds provided for
NOAA's Education Program, $5,000,000 is for competitive
educational grants, which includes continued support for
Environmental Literacy Grants and for improving geographic
literacy; $15,500,000 is for the Educational Partnership
Program with minority-serving institutions; and $7,500,000 is
for Bay-Watershed Education and Training regional programs.
NOAA is encouraged to engage students in live, interactive
programming using telepresence technology.
Education Partnership Program.--The Committee encourages
NOAA to consider the creation of a Cooperative Science Center
at a Hispanic Serving Institution to help educate and train the
fastest growing segment of the U.S. population, and one that is
underrepresented in NOAA's scientific workforce.
Outstanding Loan Balances.--The Committee encourages NOAA
and its respective line offices to work with communities and
businesses, on a case-by-case basis, to resolve outstanding
balances in a manner that considers the borrower's current
financial ability but remains fair to American taxpayers.
NOAA OFFICE OF MARINE AND AVIATION OPERATIONS
The Committee's recommendation provides $226,420,000 for
NOAA's marine and aviation operations. The Office of Marine and
Aviation Operations provides aircraft and marine data
acquisition, repair, and maintenance of the existing fleet;
planning of future modernization; and technical and management
support for NOAA-wide activities through the NOAA Commissioned
Officer Corps.
OFFICE OF MARINE AND AVIATION OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Marine Operations and Maintenance..................... 190,670
Aviation Operations................................... 35,750
-----------------
GRAND TOTAL, OMAO............................... 226,420
------------------------------------------------------------------------
Capital Assets.--Any decisions related to laying up any
vessels, grounding any aircraft, or decommissioning any capital
asset are subject to the standard reprogramming procedures set
forth in section 505 of this act. Any changes from the spending
plan shall also be subject to section 505 of this act. NOAA
shall continue to provide the Committee with a monthly
operational status of the fleet and aircraft.
Aviation Operations.--The Committee provides the full
amount requested for NOAA's Aircraft Operations Center [AOC].
The Committee maintains its direction for NOAA to provide a
comprehensive plan to find a permanent, cost-effective home in
the Gulf Coast region, potentially co-located with a Federal
partner that can meet NOAA's operational needs.
Unmanned Surface Vehicles [USVs].--The Committee is
concerned about NOAA's ability to meet the demand for at-sea
research days with its current combination of an aging fleet
and charter vessels, as well as responding to emerging mission
requirements. The Committee recognizes that USVs are not a
replacement for crewed research ships, but are a synergistic
complement to crewed ships' capabilities. Within funding for
Marine Operations and Maintenance, the Committee provides up to
$3,000,000 for the competitive acquisition of USVs data as a
cost-effective augmentation for relevant research missions and
fisheries data collection.
Atmospheric Rivers.--As part of the Explanatory Statement
accompanying Public Law 115-141, the Committee requested a
report about the feasibility and potential benefit of using
airborne assets to conduct storm monitoring of the U.S. West
Coast, with a particular interest in atmospheric rivers. The
Committee looks forward to the submission of the report.
Furthermore, within Aviation Operations, up to $1,000,000 may
be used for additional monitoring of atmospheric rivers.
Unmanned Aircraft Systems.--The Committee urges NOAA to
expand its data collection for hurricane forecasting to include
all levels of the atmosphere below 60,000 feet above sea level
and notes the potential of UAS platforms to accomplish this
expanded mission while reducing costs and likely promoting more
reliable hurricane forecast models. The Committee encourages
NOAA to improve collaboration with other science agencies of
the Federal government to share and expand limited UAS
availability, including working with NASA to utilize UAS
platforms to supplement data collection from manned hurricane
hunter missions.
Dropsondes.--The Committee recognizes the importance of
dropsondes as a critical tool for atmospheric data collection,
including for hurricane forecast modeling. The Committee
directs NOAA to provide, within 90 days of enactment of this
act, a comprehensive accounting of its dropsonde use for data
collection, including acquisition costs, for fiscal year 2018.
Furthermore, the Committee encourages NOAA to outline specific
dropsonde acquisition costs as part of its fiscal year 2020
budget request.
NOAA PROCUREMENT, ACQUISITION, AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $2,290,684,000
Budget estimate, 2019................................... 1,623,006,000
Committee recommendation................................ 1,806,479,000
The Committee's recommendation provides $1,806,479,000 for
NOAA's procurement, acquisition, and construction. The
recommendation is $484,205,000 below the fiscal year 2018
enacted level and $183,473,000 above the budget request.
Committee recommendations are displayed in the following
table:
PROCUREMENT, ACQUISITION AND CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
National Ocean Service:
National Estuarine Research Reserve Construction.. 1,900
Marine Sanctuaries Construction/Acquisition....... 2,000
-----------------
Total National Ocean Service--PAC............... 3,900
=================
Ocean and Atmospheric Research:
Research Super Computing.......................... 41,000
=================
National Weather Service:
Observations...................................... 21,129
Central Processing................................ 66,761
Dissemination..................................... 34,619
WFO Construction.................................. 19,650
-----------------
Total, National Weather Service--PAC............ 142,159
=================
National Environmental Satellite, Data and Information
Services:
Geostationary Systems [GOES-R].................... 408,380
Polar Weather Satellites.......................... 927,991
Cooperative Data and Rescue Services [CDARS]...... 37,900
Space Weather Follow-on........................... 12,000
COSMIC-2.......................................... 5,892
Satellite Ground Services......................... 58,000
System Architecture and Advanced Planning......... 4,929
Projects, Planning, and Analysis.................. 40,000
Satellite CDA Facility............................ 2,450
Commercial Weather Data Pilot..................... 3,000
-----------------
Total, NESDIS--PAC.............................. 1,500,542
=================
Mission Support:
NOAA Construction................................. 31,000
-----------------
Total, Mission Support--PAC..................... 31,000
=================
Office of Marine and Aviation Operations:
Fleet Capital Improvements & Tech Infusion........ 25,878
New Vessel Construction........................... 75,000
-----------------
Total, OMAO--PAC................................ 100,878
=================
Unobligated balances from prior years................. -13,000
-----------------
GRAND TOTAL, PAC................................ 1,806,479
------------------------------------------------------------------------
National Estuarine Research Reserve [NERR] Construction.--
The Committee provides no less than the fiscal year 2018
enacted amount for NERR Construction to support the expansion
of the NERR system. Furthermore, the Committee remains
concerned about the increased costs and lack of transparency
associated with certain third-party green building rating
systems. The use of certain green building standards can
arbitrarily discriminate against domestic building materials
such as wood that could be locally sourced, thereby increasing
costs to taxpayers without significant benefits in energy and
water savings. The Committee again directs NOAA to use funding
provided for NERR Construction subject only to green building
rating systems or standards that are voluntary consensus
standards; have achieved American National Standard Institute
[ANSI] Designation; or were developed by an ANSI Audited
Designator, and take into consideration the environmental and
economic benefits of building materials through lifecycle
analysis. Not later than 90 days after enactment of this act,
NOAA shall notify the Committee of any new, existing, or
planned construction projects at NERRS sites that receive
accreditation for energy savings from a third-party green
building rating system.
High Performance Computing.--The Committee recognizes
NOAA's high performance computing needs and its current
limitations on providing high fidelity results in near real-
time. Within funding provided for OAR Research Supercomputing,
$15,000,000 shall be used to continue to develop a dedicated
high performance computing facility in collaboration with
partners that have existing high performance computing
expertise and scientific synergies. OAR is encouraged to find a
funding balance in HPC resources with the partnerships that are
currently in existence, with an emphasis on finding synergies
with existing NOAA infrastructure.
National Weather Service.--The Committee provides requested
amount for National Weather Service Observations to continue
the Next Generation Weather Radar Service Life Extension
Program as planned, but no less than fiscal year 2018 enacted
amount for the Automated Surface Observing System.
NWS Construction and Major Repair.--The Committee provides
$11,000,000 above the fiscal year 2018 enacted amount for
Facilities Construction and Major Repair for NWS to address its
most pressing major construction needs among the Weather
Forecasting Offices.
Integrated Water Prediction.--The Committee provides no
less than the fiscal year 2018 enacted level for Central
Processing under NWS PAC, which includes not less than
$4,500,000 to procure operational high performance computing
resources to enable modeling improvements associated with the
IWP initiative.
Polar Weather Satellites.--The Committee provides
$927,991,000 for Polar Weather Satellites, which is $50,000,000
above the request. While the Committee approves combining the
Joint Polar Satellite System [JPSS] and Polar Weather Follow-on
[PFO] program offices, section 104 of the act maintains
language capping the life cycle cost of JPSS to $11,322,125,000
and adds language capping the life cycle cost of PFO at
$7,573,000,000.
Space Weather Follow-on.--The Committee provides
$12,000,000 for NOAA's space weather sentinel activity. Funding
above the request shall be used for NOAA to pursue launch
options for a compact coronagraph. The Committee notes the
necessity of having the Federal Government develop and
implement a coherent space weather architecture that addresses
scientific, national security and meteorologically operational
requirements using a constellation of lower cost satellites,
akin to a NASA Explorer Class framework, and expects to receive
a plan before the end of fiscal year 2018. While NASA's
heliophysics program generally addresses the scientific needs
and priorities for this domain, it has also been utilized for
operational requirements, despite the fact that these
satellites are generally not designed for that purpose and are
capable of providing forecast warning times of just minutes to
a few days. Hence, the Nation must design a space weather
program that addresses current needs, particularly given the
vulnerability of our communications and electrical
infrastructure to severe space weather events and the
devastating effects those events would have on the economy.
Metop-C.--The Committee provides $40,000,000 for Projects,
Planning, and Analysis to support pre-launch testing and Ground
Support Equipment of U.S. instruments on Metop-C, which is
scheduled for launch in October 2019. These instruments will
provide complementary data to the JPSS morning orbit in polar
satellite data and are critical for maintaining Numerical
Weather Prediction model accuracy for 3-7 day forecasts.
Commercial Weather Data Pilot.--The Committee provides
$3,000,000 to support the assessment and potential use of
commercial data in NOAA's weather modeling and forecasting
through pilot purchases of commercial data.
Radio Occultation Data.--The Committee is concerned about
NOAA's continued access to high quality radio occultation [RO]
data for operational forecasts, and continued research to
improve modeling capacity. Under Public Law 115-25, NOAA was
directed to conduct a commercial pilot project to acquire RO
data, and to proceed with the COSMIC program of record. While
the Committee is optimistic about the role for commercial RO
data, continued operational data is critical for weather
forecasting. With NOAA's cancellation of COSMIC 2B and the
original COSMIC program nearing the end of its life, the
Committee directs NOAA to develop and submit a plan within 180
days of passage to manage the risk of an RO data gap and
preserve the quality of NOAA forecasts. The plan should include
a report on the implementation of the RO provisions of Public
Law 115-25.
NOAA Satellite Reporting.--The Committee directs NOAA to
provide quarterly programmatic and procurement status reports
of all satellites actively orbiting, in space but in standby
mode, and under development unless any reprogramming, system
failure, construction delay, or other extraordinary
circumstance warrants an immediate update. As part of the
agency's quarterly satellite briefing, NOAA shall include
updates on preparations and enhancements necessary to
accommodate an increased volume of satellite data and shall
compare initial cost estimates to actual expenditures.
Facilities Maintenance.--The Committee provides $10,000,000
for NOAA' s highest priority facilities repair and deferred
maintenance requirements. NOAA has significant facilities
repair and deferred maintenance liabilities and the Committee's
is concerned by reports, including the Department's OIG Report,
``NOAA: Repair Needs Data Not Accurate, and Real Property
Utilization Not Monitored Adequately,'' (OIG-17-032-A), that
indicate NOAA is not appropriately managing its real property
maintenance needs. Thirty days prior to obligating any of these
additional facilities repair and deferred maintenance funds,
NOAA shall submit a report providing the following information:
(1) a NOAA-wide prioritized list of its deferred facilities
maintenance needs, including an explanation of how such list
was developed; (2) an estimate of the total amount and
composition of deferred facilities maintenance, including an
explanation of how such estimate was developed; (3) how NOAA
maintains information on, and manages, its deferred maintenance
needs and activities; and (4) an update on addressing the
recommendations of OIG-17-032-A.
NOAA Marine Operation Facilities.--The Committee has
provided funding for the past several fiscal years under
Mission Support PAC for preparatory work for new berths and
shore facilities at Newport, Rhode Island. The facility will
permanently accommodate the NOAA Ship Henry B. Bigelow and
other vessels in the future. As part of the Explanatory
Statement accompanying Public Law 115-141, the Committee
requested a plan outlining the cost, size, scope, and timeline
for constructing and outfitting this facility, which is co-
located on U.S. Navy property. There is increasing urgency to
act since NOAA could lose access to some of its existing
Atlantic facilities as soon as 2021. The Committee is awaiting
this plan, which was due 60 days after enactment of Public Law
115-141, and withholds 25 percent of funds provided for
Executive Leadership within the Mission Support line office
until NOAA submits it to the Committee.
Mission Support, Facilities Initiative.--Within the funding
provided under Mission Support PAC for NOAA Construction,
$20,500,000 is to complete the second phase of repairs and
construction at NOAA's Mukilteo Research Station.
Vessel Deferred Maintenance and Technology Infusion.--
Within the funding provided above the request for Fleet Capital
Improvements and Technology Infusion, $3,000,000 shall be for
deferred maintenance and $10,000,000 shall be for technology
infusion.
NOAA Fleet Recapitalization.--In November 2016, the
Committee approved NOAA's updated Fleet Recapitalization Plan,
which established a foundation for new vessel construction over
the next 10 years. The Committee is pleased that NOAA's fiscal
year 2019 budget request includes $75,000,000 for new vessel
construction, which follows the Committee's direction and tempo
for revitalizing the agency's aging fleet. The Committee
commends NOAA's plan to leverage work done by the U.S. Navy to
reduce design risk, ship acquisition cost, and vessel delivery
time. The Committee further urges NOAA to continue efforts to
find additional ship acquisition efficiencies.
Buy American Provisions.--In recognition of the economic
and national security importance of the domestic shipbuilding
industrial base, the Department of Commerce, NASA, and NSF are
reminded of the Buy American provisions contained in law that
apply to the Department of Defense, particularly 10 U.S.C.
2534(a)(3) and (4) regarding air circuit breakers, welded
shipboard anchor, mooring chain with a diameter of 4 inches or
less, and, to the extent they are unique to marine
applications, gyrocompasses, electronic navigation chart
systems, steering controls, pumps, propulsion and machinery
control systems, totally enclosed lifeboats; certain powered
and non-powered valves; and certain machine tools for metal-
working machinery. In awarding any new contracts related to the
acquisition, construction, or conversion of a marine vessel,
the Department of Commerce, NASA, and NSF are urged to make
every effort to acquire, consistent with schedule and cost
competition requirements, only U.S. manufactured components,
consistent with 10 U.S.C. 2534 and for auxiliary equipment
(including pumps) for shipboard services; propulsion equipment
(including engines, reduction gears, and propellers); shipboard
cranes; and spreaders for shipboard cranes.
Fishing Community Presence.--NOAA shall consider all viable
ports when undertaking capital planning reviews, including
those that do not currently have a significant NOAA presence.
PACIFIC COASTAL SALMON RECOVERY FUND
Appropriations, 2018.................................... $65,000,000
Budget estimate, 2019...................................................
Committee recommendation................................ 70,000,000
The Committee's recommendation provides $70,000,000 for the
Pacific Coastal Salmon Recovery Fund [PCSRF]. The
recommendation is $5,000,000 above the fiscal year 2018 enacted
level and $70,000,000 above the budget estimate. Funds are for
conservation and restoration of Pacific salmon populations.
State and local recipients of this funding will provide
matching contributions of at least 33 percent of Federal funds.
In addition, funds will be available to tribes without a
matching requirement.
Further, within the funds provided for the Pacific Coastal
Salmon Recovery Fund, no eligible coastal State shall receive
less than $5,000,000. Additionally, the Committee directs NOAA
to provide a report within 90 days of enactment that details
the current competitive evaluation process for PCSRF funding
and how PCSRF benefits both the Endangered Species Act listed
Pacific salmon populations and declining stocks which have not
yet warranted protection under the Endangered Species Act.
Further, NOAA is directed to report on how its current
priorities meet the intent of the PCSRF to support the recovery
and protection of all declining salmon stocks.
FISHERMEN'S CONTINGENCY FUND
Appropriations, 2018.................................... $349,000
Budget estimate, 2019................................... 349,000
Committee recommendation................................ 349,000
The Committee's recommendation provides $349,000 for the
Fishermen's Contingency Fund. The recommendation is equal to
the fiscal year 2018 enacted level and equal to the President's
request.
FISHERY DISASTER ASSISTANCE
Appropriations, 2018.................................... $20,000,000
Budget estimate, 2019...................................................
Committee recommendation................................ 15,000,000
The Committee's recommendation provides $15,000,000 for
Fishery Disaster Assistance to address fisheries disasters
declared by the Secretary of Commerce. The recommendation is
$5,000,000 below the fiscal year 2018 enacted level and
$15,000,000 above the budget request.
FISHERIES FINANCE PROGRAM ACCOUNT
Appropriations, 2018.................................... -$3,000,000
Budget estimate, 2019................................... -8,000,000
Committee recommendation................................ -8,000,000
The Committee recommends that direct loans administered
through this account for individual fishing quotas may not
exceed $24,000,000. Traditional direct loans may not exceed
$100,000,000, which is the same as the fiscal year 2018 enacted
level and budget request. The Committee encourages NOAA to
facilitate new vessel construction, vessel replacement, and
upgrades within the Fisheries Finance Program to the greatest
extent practicable.
OTHER
Departmental Management
SALARIES AND EXPENSES
Appropriations, 2018.................................... $63,000,000
Budget estimate, 2019................................... 58,994,000
Committee recommendation................................ 63,000,000
The Committee's recommendation provides $63,000,000 for
Departmental Management Salaries and Expenses. The
recommendation is equal to the fiscal year 2018 enacted level
and $4,006,000 above the budget request.
Within Departmental Management, the Salaries and Expenses
account provides funding for the Secretary, Deputy Secretary,
and support staff. Responsibilities involve policy development
and implementation affecting U.S. and international activities,
as well as establishing internal goals for operations of the
Department.
Not less than 90 days after enactment of this act, the
Department shall submit to the Committee a report detailing
actions taken to cut costs and a detailed account of funds
saved by such actions across the Department's bureaus.
Working Capital Funds.--For each of the three working
capital funds within DOC, the following are to be provided to
the Committee and the Office of Inspector General by November
30 of each fiscal year: (1) A comparison of the final budget or
spending plan at the project or activity level to the actual
year-end data as of September 30 of the prior fiscal year,
including detailed narratives for variances greater than 5
percent at the project or activity; (2) the initial budget or
spending plan by project or activity for the current fiscal
year; and (3) a detailed schedule of fiscal year-end
unobligated and carryover balances by source funding category
and by expiring budget fiscal year, to include: direct
authority, Federal and intragovernmental reimbursable authority
by trading partner, non-Federal reimbursable authority, amounts
held for future asset replacement, and other categories.
Concrete Masonry Products.--The Committee recognizes that
concrete block is a durable product used in the construction of
public infrastructure, commercial facilities, and homes. The
Committee recognizes the need for legislation to enable
concrete masonry manufacturers to establish, finance, and carry
out a coordinated program of research, education, and promotion
of markets for concrete masonry products and that would give
the Department legal authority for the program's operation and
to maintain oversight.
Small Business Innovation Research.--The Committee
recognizes the importance of the Small Business Innovation
Research [SBIR] program and its previous accomplishments in
facilitating commercial successes from federally funded
research and development projects. The SBIR program encourages
small domestic businesses to engage in Federal research and
development and creates jobs in the smallest firms. The
Committee therefore directs the DOC to place an increased focus
on awarding SBIR grants to firms with fewer than 50 people.
DATA Act.--As part of an OIG report (OIG-18-005),
independent accountants analyzed the Department's second
quarter fiscal year 2017 submission of financial and award data
in accordance with the Digital Accountability and Transparency
Act of 2014 (Public Law 113-101). OIG-18-005 found ``material
and pervasive errors'' in the Department's submission, leading
the independent accountants to conclude that the audited
submission was not presented in accordance with the Department
of Treasury's guidance for compliance under Public Law 113-101.
The Committee directs the Department to continue to take action
to address the deficiencies highlighted in OIG-18-005.
Improved International Travel Data.--The Committee notes
that initial data reported by the Department indicated there
was a decrease in international visitors to the United States
in 2016 and 2017. The Department has now suspended reporting on
new international arrival information due to anomalies found in
this data. As a result, the Committee believes more thorough,
accurate and timely data is needed to effectively understand
and address the potential decline in international visitors to
the United States, or a potential decline in our market share
of international travel. The Committee directs the Department,
in coordination with the Departments of State and Homeland
Security, as appropriate, to provide: (1) a report on the cause
of the anomalies in the international arrivals data and a
timeline and course of action for correcting the information;
(2) monthly international arrival data for each month within 60
days of the end of each month; (3) average wait times for
visitor visa processing, by country, each month within 60 days
of the end of each month; (4) refusal rates for visitor visa
applications, by country, each month within 60 days of the end
of each month. Monthly data should be provided to the Committee
for the last 3 years and provided monthly from enactment of
this act.
Enterprise Services.--The Committee supports the
Department's overall goal to transition the bureaus to a shared
services model to standardize and streamline transactional
tasks in order to reduce costs and strengthen core mission
focus. However, the Committee acknowledges that the shared
services model may not make sense for all services and every
bureau, as was discussed during the Department's 2019 budget
request hearing. The Committee directs the Department to report
within 90 days of enactment of the act on how it intends to
move forward with this effort, including which portions, if
any, of the shared services model USPTO will participate in and
how that will impact the implementation of the shared services
model.
Cybersecurity.--The Department of Commerce has a well-known
and critical cybersecurity mission, not the least of which is
the role that NIST plays in providing guidance and assistance
to commercial and government stakeholders throughout the world.
NIST provides the underlying guidance for the Federal
Information Security Management Act requirements, which provide
the baseline for cybersecurity risk management against which
all Federal agencies are measured. However, the Committee is
concerned that the Department as a whole is lagging behind
other Federal agencies with respect to cybersecurity. In
particular, the Committee is concerned about the pace of
implementation by the Department of the Continuous Diagnostics
and Mitigation [CDM] program requirements. The Committee
directs the Department, within 60 days of enactment of this
act, to provide a briefing on the Department's plan for
achieving all of the major milestones for Phases 1 through 3 of
CDM.
Space Commerce.--The Committee is aware of the instruction
for the Department contained in Space Policy Directive 2 [SPD-
2] and looks forward to considering a legislative proposal to
implement SPD-2 when it is officially transmitted to the
Congress. The Committee encourages the Department to work with
other Federal agencies to ensure current activities affected by
directives in SPD-2 are continued until any proposed
legislative action has been signed into law. Activities funded
by the Department in fiscal year 2018 that are addressed in
SPD-2 have been funded in the same account as funding was
provided in fiscal year 2018.
Unobligated Balances.--The Committee remains concerned
about the amount of unobligated funding within DOC. As directed
in section 507 of this act, the Department is directed to
continue reporting all unobligated balances to the Committee on
a quarterly basis.
Spending Plans.--Under section 533 of this act, the
Department is required to submit a spending plan within 45 days
of the enactment of this act. That plan should describe the
programs, projects, and activities of the Department so that
the Committee receives detailed descriptions of how the
Department intends to operationalize the funding provided in
annual appropriations bills. The Committee expects a detailed
accounting of each bureau's spending, including reimbursable,
fee-funded, or working capital fund spending, particularly with
regard to specific programs, projects, and activities described
in the bill and accompanying report. The Department shall
continue to work with the Committee to ensure that its spending
plans provide adequate information for continued oversight of
the Department.
RENOVATION AND MODERNIZATION
Appropriations, 2018.................................... $45,130,000
Budget estimate, 2019................................... 2,796,000
Committee recommendation................................ 38,612,000
The Committee recommendation provides $38,612,000, which is
$6,518,000 below the fiscal year 2018 enacted level and
$35,816,000 above the budget request, for continuing renovation
activities at the Herbert C. Hoover Building, which is the full
amount the Department requires to complete through the sixth
phase of the ongoing renovation.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2018.................................... $32,744,000
Budget estimate, 2019................................... 32,030,000
Committee recommendation................................ 32,744,000
The Committee's recommendation provides $32,744,000 for the
OIG. The recommendation is equal to the fiscal year 2018
enacted level and $714,000 above the budget request.
In addition to funds provided under this heading, the
Committee has recommended transfers to the OIG: $1,000,000 from
the U.S. Patent and Trademark Office; $1,302,000 from the
National Oceanic and Atmospheric Administration; and $3,556,000
from the Census Bureau for oversight and audits of those
activities. The Committee directs the OIG to continue strict
oversight activities for satellite procurements, cybersecurity,
and the decennial census.
Working Capital Fund Audits.--The Committee continues to
direct the OIG to audit all of the working capital funds within
the Department to evaluate the Department's budgetary controls
over all funds. The OIG shall assess: the controls in place to
develop reimbursement formulas; the relationship of
reimbursements to client services; the appropriateness of the
level of fund balances; and compliance with appropriations law
and direction. As part of this assessment, the Inspector
General shall pay particular attention to the increasing
amounts of funding needed to support the Department's Office of
General Counsel, including the justification and metrics for
how such funding is being levied against each agency and,
reciprocally, how the agencies account for the services they
receive from the OIG. If at any point during these audits the
OIG encounters problems with accessing any necessary
information or data from the Department, the OIG is directed to
notify the Committee immediately.
Audits and Investigations.--The Committee believes that
robust investigations and audits are essential to rooting out
waste, fraud, and abuse, but that limiting inquiries only to
individuals in the Department does not necessarily lead to
comprehensive findings and recommendations. The Committee
directs the OIG to modify its policies and procedures to ensure
that investigations or reports include interviews with all
parties to the project or program in question, including, but
not limited to, contractors responsible for projects under
review. The Committee cautions the OIG against issuing
preliminary findings prior to interviewing a majority of the
entities involved with the program or project under
investigation, unless the OIG believes the findings are time
sensitive or additional interviews are immaterial.
General Provisions--Department of Commerce
Section 101 makes Department funds available for advanced
payments only upon certification of officials designated by the
Secretary that such payments are considered to be in the public
interest.
Section 102 makes appropriations for salaries and expenses
available for the hire of passenger motor vehicles, and for
services, uniforms, and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department accounts. The provision makes transfers
subject to the Committee's standard reprogramming procedures
and requires notification to the Committee prior to capital
asset disposal.
Section 104 extends congressional notification requirements
for the NOAA satellite programs.
Section 105 provides authority for the Secretary to furnish
certain services within the Herbert C. Hoover Building.
Section 106 clarifies that grant recipients under the
Department may continue to deter child pornography, copyright
infringement, or any other unlawful activity over their
networks.
Section 107 provides NOAA the authority to share resources
with entities outside the agency.
Section 108 requires that, before charging for
congressional reports, the National Technical Information
Service [NTIS] advise the public of free ways to receive or
access these reports. For those reports that cannot be found
free of charge or when a customer requires a mailed, hard copy,
NTIS may only charge a de minimus copying and mailing fee.
Section 109 allows the Secretary to waive the bond
requirement for research vessel repair and construction
contracts that would align Commerce's authorities with those of
other Federal agencies and address difficulties NOAA has
experienced in obtaining competitive bids for ship repairs.
Prior to exercising waiver authority under section 109 of
this act, the Secretary shall promulgate regulations specifying
criteria under which waiver authority may be used, including
the types of contracts eligible for consideration, surety
alternatives, and acceptable risk profiles in order to protect
the taxpayer and ensure that NOAA maximizes cost-savings. The
Department is directed to notify the Committee not less than 15
days prior to any waiver issued under this section. In
addition, the Department shall, not later than 120 days after
the date of enactment of this act, prepare a report including
the actual costs of repairing, rehabilitating, and replacing
vessels in fiscal years 2014, 2015, 2016, 2018, 2019, and
annually thereafter, including an indication of those vessels
for which NOAA waived the Miller Act.
Section 110 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
The Committee remains concerned that agreements for
offsetting collections provided for under this section could
result in a conflict of interest, or the appearance of a
conflict of interest, for the Department. The Department is
directed to exercise caution and consider any unintended
consequences that could result from such agreements, including,
but not limited to, augmentation of appropriations, initiation
of new programs not authorized by this act or any other act of
Congress, and liabilities extending beyond the period of any
such agreement. The Department shall provide to the Committee
monthly updates on all offsetting fee collections, including
each entity participating in the agreement, as well as the
terms of and specific activities funded by the agreement.
Additionally, estimates of anticipated fee collections shall be
included in the Department's annual spend plans. To further
ensure the Committee maintains sufficient oversight for
activities carried out under this section, language is included
specifying that any offsetting collection would require the
consent of each party subject to the agreement and all
offsetting collections shall be subject to procedures set forth
by section 505 of this act.
Section 111 provides authority for the programs of the
Bureau of Economic Analysis and the Bureau of the Census to
enter into cooperative agreements in order to assist in
improving statistical methodology and research.
TITLE II
DEPARTMENT OF JUSTICE
The Committee recommends a total of $30,698,837,000 for the
DOJ. The recommendation is $402,573,000 above the fiscal year
2018 funding level and $1,864,093,000 above the budget request.
The Committee's recommendation emphasizes key priorities
regarding funding for the Department's critical ongoing
missions and activities to protect the safety, security, and
rights of our citizens.
Fighting the Heroin and Opioid Epidemic.--The Committee
continues its commitment to helping States and local
communities in the fight against heroin and the illegal use of
opioids through comprehensive programs covering law
enforcement, prevention, and treatment. A total of $482,500,000
in DOJ grant funding is provided to help our State and local
partners tackle this epidemic, an increase of $36,000,000 above
the fiscal year 2018 level, including increased funding for
programs covered under the Comprehensive Addiction and Recovery
Act and Community Oriented Policing Services [COPS] Anti-Heroin
Task Forces. The Drug Enforcement Administration [DEA] is
funded at $2,654,836,000, an increase of $44,936,000, which
will allow for the continuation of heroin enforcement teams as
well as other interdiction and intervention efforts, including
expansion of DEA's 360 Strategy.
Combating the Continued Methamphetamine Crisis.--The
Committee notes that in addition to the heroin and opioid
epidemic, many communities and families continue to suffer from
a longstanding methamphetamine crisis. In many States,
particularly in rural areas, meth-related deaths vastly
outnumber those from heroin. The Committee recognizes the
strain methamphetamine places on families, communities, rural
health providers, and law enforcement agencies, including the
disproportionate burden to American Indian tribes. The
Committee continues its commitment to fight methamphetamine
trafficking and use by providing $8,000,000 for competitive
grants under the COPS Anti-Methamphetamine Task Forces program
as well as $10,000,000 provided to DEA to help State and local
law enforcement for meth lab cleanup and container programs.
The Committee also notes that of the funding provided in COPS
for tribal resources can be used for anti-methamphetamine
efforts.
Trafficking in Persons.--The Department shall dedicate no
less than the fiscal year 2018 levels for the Human Trafficking
Prosecution Unit [HPTU], the Federal Bureau of Investigation
[FBI], and the U.S. Attorneys' Offices [USAO] to investigate
and prosecute crimes of human trafficking. For fiscal year
2019, the Committee looks forward to reviewing, on an annual
basis, the HTPU report on human trafficking victims as well as
the FBI report on Innocence Lost Operations, as directed by
Senate Report 115-139 and codified in Public Law 115-141. The
Committee also expects the designation of a lead agent in each
FBI field office as a point of contact for slavery and human
trafficking investigations, a point of contact in each USAO who
shall serve as the coordinator for all activities within that
office concerning human trafficking and forced labor matters,
and an update regarding improved processes that enable
survivors with T-visas to obtain an expedited letter of support
from the Department when their criminal case is closed, as
required by Senate Report 115-139 and codified in Public Law
115-141.
The Committee reminds the Department of the request to
establish and provide an interim report on the progress of a
multi-disciplinary task force addressing human trafficking to
harvest fish in international waters, as well as the final
report due by March 23, 2019, as directed by Senate Report 115-
139 and codified in Public Law 115-141.
Child Sexual Exploitation and Sharing Economy.--Not later
than 1 year after the date of enactment of this act, the
Attorney General shall submit to the Committees on
Appropriations and the Judiciary a report detailing the impact
of short-term rentals and the sharing economy upon human
trafficking and child sexual exploitation. The report shall
identify additional challenges that the sharing economy poses
in identifying and prosecuting perpetrators of human
trafficking and child sexual exploitation. The report shall
also include recommendations to minimize the negative impacts
of the sharing economy with regard to human trafficking and
child sexual exploitation.
Domestic Trafficking Victims Fund Special Assessments.--
Section 101 of The Justice for Victims of Trafficking Act of
2015 (Public Law 114-22) mandated the collection of a $5,000
special assessment from persons convicted of certain Federal
offenses related to human trafficking and sexual exploitation.
Funds from this special assessment are to be deposited into the
Domestic Trafficking Victims Fund operated by the Department of
Justice. The Committee encourages the Attorney General to use
funds under this Act to ensure that Assistant United States
Attorneys are specifically trained on the mandatory nature and
enforcement of this special assessment, including the
imposition of liens under 18 U.S.C. 3613, to provide additional
funding, resources, and services for the victims of human
trafficking and law enforcement officials involved in the
elimination of this crime.
Intellectual Property Rights [IPR] Enforcement.--The
Committee expects the Department to continue to make IPR
enforcement an investigative and prosecutorial priority.
Sophisticated, often transnational, criminal enterprises engage
in a range of illegal activity, including identity theft,
connected to the theft of copyrighted content. Given the strong
links to other illegal activity, the Department's IP-dedicated
personnel should investigate U.S.-based sites and applications
that are engaged in such criminal activity. The FBI shall
submit a report to the Committee, not later than 90 days after
enactment of this act, detailing the activities of its
dedicated agents investigating IPR cases, particularly in the
area of creative content theft.
The Committee reminds USAO to remain focused on IPR crimes.
Based on a new wave of digital copyright piracy involving
devices and software that connect televisions directly to
copyright-theft sites, the Committee directs the USAOs to place
an emphasis on the investigation and prosecution of criminal
enterprises distributing such illicit copyright-theft devices.
Cybersecurity.--The Department has several offices with
cybersecurity responsibilities, including those within the FBI,
the National Security Division, the Criminal Division, and
USAO. At a minimum, the Committee directs the Department to
maintain its cybersecurity posture at no less than the fiscal
year 2018 level to defend and respond to current and emerging
attacks that threaten its own infrastructure and activities.
Strengthening Police-Community Relations.--The Committee
continues to recognize and support the important need for
lasting collaborative relationships between local police and
the public and provides $123,000,000 for State and Local Law
Enforcement Assistance and Community Oriented Policing Services
[COPS] Office grant programs related to police community
relations. Strong partnerships between the police and the
communities they protect reduce crime, ensure that citizens'
civil rights are protected, and improve officer safety.
The Committee supports the FBI's June 10, 2016, guidance
affirming the Criminal Justice Information Services [CJIS]
Advisory Policy Board recommendation that all law enforcement
agencies be National Incident-Based Reporting System [NIBRS]
compliant by January 1, 2021. The FBI's NIBRS captures detailed
crime incident data, beyond what the Uniform Crime Reporting
System currently tracks, such as arrests and officer-involved
shootings, is not only critical in aiding State and local law
enforcement agencies as they work to keep our communities safe,
but also increases transparency and accountability of law
enforcement to the public. To assist in this effort, the
Committee again funds the National Crime Statistics Exchange
[NCS-X] at $5,000,000 to help additional law enforcement
agencies make the transition into NIBRS and allow the Bureau of
Justice Statistics to produce nationally representative
estimates of crimes known to the police that can be
disaggregated by victim-offender characteristics, the
circumstances of the crime, victim-offender relationship, and
other important elements of criminal events.
Addressing Violent Crime.--The Committee supports the
Department's ongoing commitment to address violent crime around
the country and encourages the Department to continue to devote
key law enforcement resources, including Bureau of Alcohol,
Tobacco, Firearms and Explosives [ATF], FBI, DEA, and U.S.
Marshals Service personnel, to high crime areas, both urban and
rural, experiencing ongoing episodes of violent crime.
Fix NICS.--The Fix NICS Act of 2017, enacted as title VI of
division S of Public Law 115-141, requires DOJ to develop
Federal agency and State implementation plans for the upload of
relevant records to National Instant Criminal Background Check
System [NICS]. The Committee directs DOJ to use all funds and
resources necessary to complete such implementation plans by
the deadline required under the act, not later than March 23,
2019, and directs the Attorney General to make all
implementation plan compliance determinations required under
the act no later than September 30, 2019. The Attorney General
shall use all necessary resources available under this act to
comply with the requirements of Section 103(g) of the Brady
Handgun Violence Prevention Act.
Emmett Till Unsolved Civil Rights Crimes Act.--The
Committee fully supports the goals of the Emmett Till Unsolved
Civil Rights Crimes Reauthorization Act of 2016 (Public Law
114-325) to investigate and prosecute previously unresolved
civil rights era ``cold case'' murders suspected of having been
racially motivated, through a partnership among the Civil
Rights Division [CRT], the FBI, the Community Relations Service
[CRS], State and local law enforcement officials, and other
eligible entities. To continue supporting Emmett Till
activities, the Committee urges the Department to use such sums
as may be necessary from within the base budget for the CRT's
Cold Case Initiative; for the FBI to pursue Emmett Till Act
cold cases; and for CRS to partner with law enforcement
agencies and communities to help resolve conflicts resulting
from the investigation of unsolved civil rights era cases.
Additionally, the Committee directs the National Institute of
Justice, the Bureau of Justice Assistance, and the Office for
Victims of Crime to continue providing grants for cold case DNA
investigations to aid State and local law enforcement agencies
in their investigation and prosecution of unsolved civil rights
cold cases.
Working Capital Fund [WCF].--The Committee expects the
Department to execute funding to the fullest extent possible
without any carryover balances. The Committee directs DOJ to
continue to use the WCF only as a repository for reimbursable
funds from components and to obligate and execute that funding
expeditiously. The DOJ shall provide a report to the Committee
within 45 days of enactment of this act regarding balances in
the WCF including carryover funds, the intended uses of those
funds, and a spending plan. The spending plan shall include:
the amount each component contributes to the WCF; a detailed
accounting of collections into the WCF from appropriations,
reimbursable funds, and alternative sources of funding,
including the Three Percent Fund; a list of settlements and
collections from the Three Percent Fund in excess of
$3,000,000, and a categorical accounting of obligations out of
the WCF including a breakdown of services provided from the
Department to each component. The Department is further
directed to provide quarterly updates on the WCF to the
Committee.
DOJ Three Percent Fund [Fund] Transparency.--Section 11013
of the 21st Century Department of Justice Appropriations
Authorization Act (Public Law 107-273; 116 Stat. 1823; 28
U.S.C. 527 note) permits the Department to credit 3 percent to
the Working Capital Fund of all amounts collected pursuant to
the Department's civil debt collection litigation activities.
Such collections are deposited into the Fund, and they are
intended to be accounted for separately and are not to be
commingled with other amounts in the WCF. Pursuant to statute,
the Three Percent Fund is to be used: first, for paying the
costs of processing and tracking civil and criminal debt-
collection litigation, and, thereafter, for financial systems
and for debt-collection-related personnel, administrative, and
litigation expenses.
The Committee is concerned that the Fund is now supporting
initiatives and personnel well beyond its primary purposes:
financial systems and debt collection management. In fact, the
Committee is aware that in 2016 the Fund was supporting nearly
600 full-time equivalents, only 42 of which were for the Fund's
intended purpose. While the statute allows the Fund to support
administrative and litigation expenses, the Committee is
concerned that the lack of transparency associated with the
Fund suggests that the Department may be funding certain
programs and initiatives specifically rejected in annual
funding measures.
To improve transparency and accountability, the Committee
directs the Department to submit a report to the Committees on
Appropriations of the House and Senate, within 90 days of
enactment of this act, providing a detailed accounting of Three
Percent Fund collections and expenditures over the previous
five fiscal years. The report should account for each
collection and the 3 percent credit thereof, and should further
account for the allocation, obligation, and full-time
equivalents for each Fund-supported program or initiative
within each DOJ component. The Department is further directed
to report, within 30 days of the end of each quarter of the
fiscal year thereafter, the collections, credits, and
allocations occurring in that quarter.
Madoff Victim Fund [MVF].--The Committee understands that
the Special Master appointed by the Department has begun
distributing funds from the $4,000,000,000 MVF to victims of
the Madoff criminal fraud case. As the Special Master makes
further distributions to existing and new claimants, the
Committee remains concerned about the lack of transparency
regarding the methodology for allowing and disallowing claims,
the means to prevent duplication of payments to claimants who
have already recovered funds from other sources, and the final
thresholds of recovery that the Department and the Special
Master believe they can achieve for compensated victims from
the MVF.
Therefore, the Committee directs the Special Master to
report within 30 days after enactment with information on the
formulas and/or criteria used to determine payment amounts,
classifications of payments, current and ongoing efforts to
protect against duplicative or excessive payments throughout
the process, and expected timelines associated with future
payments. This report shall include an explanation describing
the working relationship between the Special Master and the
Bankruptcy Trustee, and if there is not currently a working
relationship, a detailed plan for how the Special Master plans
to coordinate future efforts to the maximum extent practicable,
given the significantly higher level of distribution to the
bankruptcy claimants.
Cell-Site Simulator [CSS] Technology.--Funds provided in
this act shall be used only to deploy or facilitate the use of
CSS technology for criminal investigations if such use complies
fully with DOJ's guidance issued on September 3, 2015. The
Department shall ensure that this guidance is followed strictly
by Federal, State, and local entities that receive funding
under this act, to include compliance with requirements of the
Fourth Amendment and the Pen Register Act. As directed in the
guidance, CSS technology must be configured only as pen
registers and may not be used to collect content of any
communication or subscriber account information. In addition,
the departmental guidance requires comprehensive and consistent
training on the appropriate use of CSS technology; adopting
rigorous practices for handling and retaining data acquired
through the use of this technology; and scrupulously auditing
the use of such technology. The Committee awaits the
Department's report, as specifically outlined in Senate Report
115-139 and codified in Public Law 115-141, on DOJ's use of CSS
technology and its compliance with the guidance.
Financial Fraud.--The Committee directs the Attorney
General to continue to prioritize resources at the Department
of Justice to ensure that reports of financial fraud including
scams against senior citizens are thoroughly investigated, with
the goal of bringing the perpetrators of these crimes to
justice.
Sexual Assault Survivors' Rights Implementation.--The
Survivors' Bill of Rights Act of 2016 (Public Law 114-236)
directed the Department, in conjunction with the Department of
Health and Human Services, to establish a joint working group
to develop, coordinate, and disseminate best practices
regarding the care and treatment of sexual assault survivors
and the preservation of forensic evidence. The Committee looks
forward to the report requested in Senate Report 115-139 and
codified in Public Law 115-141 as well as the timely completion
of the working group's report to Congress containing its
findings and recommended actions.
Spending Plan.--In compliance with section 533 of this act,
the Committee directs the Department to submit a spending plan,
signed by the Attorney General, within 45 days of enactment of
this act.
General Administration
SALARIES AND EXPENSES
Appropriations, 2018.................................... $114,000,000
Budget estimate, 2019................................... 114,207,000
Committee recommendation................................ 114,000,000
The Committee's recommendation provides $114,000,000 for
General Administration salaries and expenses. The
recommendation is equal to the fiscal year 2018 enacted level
and $207,000 below the budget request.
The General Administration account provides funding for
senior policy officials responsible for departmental management
and policy development. The specific offices funded by this
account include: the immediate Office of the Attorney General
[OAG); the immediate Office of the Deputy Attorney General
[ODAG]; the immediate Office of the Associate Attorney General;
Office of Legal Policy; Office of Public Affairs; Office of
Legislative Affairs [OLA]; Office of Professional
Responsibility; Office of Intergovernmental and Public Liaison;
and the Justice Management Division [JMD].
Wildlife Trafficking.--The Committee continues to note the
dramatic and disconcerting increase of criminal activity
involving wildlife that includes the illegal trade in
rhinoceros horns and elephant ivory, poaching of wild animals
for their parts, illegal capture and transport of endangered
animals, and illegally harvested timber, as well as money
laundering that comes with these products' sale on the black
market. There are indisputable linkages between these
activities and the financing of armed insurgencies and
transnational organized crime that threaten the stability and
development of African countries and pose a serious threat to
U.S. security interests.
The Committee awaits the report as specifically outlined in
Senate Report 115-139 and codified in Public Law 115-141, and
directs the Attorney General to continue to submit an annual
report on the specific steps the Department is taking to
further address wildlife trafficking and the illegal natural
resources trade.
Timely Responses to Committee Inquiries.--While the
Committee primarily communicates with the Department through
JMD, it reserves the right to call upon any individual or
organization within its jurisdiction for requests for
information. The Committee again reminds DOJ that it has both
budgetary and oversight capabilities, and requests for
additional information from the Chairmen, Vice Chairmen, or
Ranking Members or their staffs to OAG, ODAG, and OLA should be
treated as a priority for the Department and responded to both
courteously and expeditiously.
Special Counsel.--The Committee directs the leadership of
the Department to adhere faithfully to all of its established
processes and regulations regarding the operations of any
Special Counsel.
Public Charge Reporting.--The Committee directs the
Department to publicly report on the status of implementing the
April 11, 2017, memorandum to Federal prosecutors from the
Attorney General, including each USAO District's designated
Border Security Coordinator, and the number of Federal criminal
prosecutions in the previous and current fiscal year for
charges under 8 U.S.C. Sec. 1324, 1325, and 1326, disaggregated
by charge, District, and month. The Department shall continue
to publish such disaggregated data, on an annual basis.
Commission on Native Children.--The Committee supports the
need to address issues affecting Native children and recognizes
the important work of the Commission on Native Children. The
Committee directs DOJ to continue to support the Commission as
specified in the Alyce Spotted Bear and Walter Soboleff
Commission on Native Children's Act (Public Law 114-244).
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $35,000,000
Budget estimate, 2019................................... 31,713,000
Committee recommendation................................ 35,000,000
The Committee's recommendation provides $35,000,000 for
Justice Information Sharing Technology [JIST]. The
recommendation is equal to the fiscal year 2018 enacted level
and $3,287,000 above the budget request.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $504,500,000
Budget estimate, 2019................................... 563,407,000
Committee recommendation................................ 563,407,000
The Committee's recommendation provides $563,407,000 for
the Executive Office for Immigration Review, of which
$4,000,000 is a transfer from the U.S. Citizenship and
Immigration Services [USCIS] Immigration Examiners Fee Account.
The recommendation is $58,907,000 above the fiscal year 2018
enacted level and equal to the budget request.
This account funds the Executive Office for Immigration
Review [EOIR], including the Board of Immigration Appeals
[BIA], immigration judges, and administrative law judges who
decide through administrative hearings whether to admit or
exclude aliens seeking to enter the country, and whether to
deport or adjust the status of aliens whose status has been
challenged.
EOIR Backlog of Cases and Immigration Judge Hiring.--The
Committee is concerned that EOIR's immigration court caseload
continues to escalate, adding to the growing backlog of cases,
which totaled 692,298 at the end of March 2018. While the
Committee recommendation includes funding for 75 additional
immigration judges [IJ], adding to the 200 IJs provided by the
Committee in fiscal years 2015-2018, as well as funding for
technology and space, the Committee is concerned that providing
more IJs alone is not enough to solve the backlog problem. The
Committee believes that consistent policies regarding docket
management and case adjudication will allow IJs to reduce the
impending backlog.
As directed in Senate Report 115-139 and codified in Public
Law 115-141, EOIR shall continue to submit monthly performance
and operating reports detailing the backlog of cases and the
hiring of new IJ teams. The Committee is pleased to learn the
hiring process has become more efficient and encourages the
Department to continue filling vacant IJ positions with highly
qualified individuals from a diverse pool of candidates,
including those with non-governmental, private bar experience,
to conduct fair, impartial hearings consistent with due
process.
As part of the monthly reporting requirement, EOIR is
directed to report on any IJs sent on a temporary basis to any
court outside of their current location including the number of
days designated for the temporary assignment, the location of
the temporary assignment and the IJs home location.
EOIR Technology Improvements.--The Committee supports EOIRs
efforts to update its technology systems, including a new case
management system. The Committee expects EOIR to expedite
efforts to implement this system so that temporary IJs can
better maintain their home court caseloads while on assignment.
Finally, the Committee directs EOIR to develop a strategy for
uploading existing case files into this new case management
system so that the current cases benefit from the technological
efficiencies provided, enabling further reductions in the
Immigration Court backlog. EOIR is directed to report to the
Committee no later than 30 days after enactment regarding its
strategy for including current cases in its case management
system, and shall update the Committee quarterly thereafter on
technological efficiencies and improvements to the backlog.
Legal Orientation Program [LOP].--The Committee's
recommendation maintains the fiscal year 2018 level of no less
than $10,400,000 for services provided by LOP. This includes
funding for both the Immigration Help Desk and LOP for
Custodians [LOPC], including efforts, pursuant to the
Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457), for custodians of unaccompanied,
undocumented children to address the custodian's responsibility
for the child's appearance at all immigration proceedings, and
to protect the child from mistreatment, exploitation, and
trafficking. The Committee directs the Department to continue
LOP without interruption, including during any review of the
program. The Committee also directs the Department to utilize
all appropriated funds solely for legitimate program purposes.
The Committee supports LOP, which was created in 2003 and
currently informs more than 50,000 detained non-citizens per
year about their legal rights and responsibilities in
immigration court. The Committee emphasizes that LOP benefits
taxpayers by increasing the efficiency of immigration
proceedings and reducing costs related to immigration
detention. According to a 2012 Department of Justice report to
this Committee, LOP services resulted in net savings to the
Government of more than $17,800,000.
Recognizing that LOP currently serves detained individuals
in a limited number of States, the Committee directs that
attention be paid to geographic equity as LOP expands the reach
of its services to additional detention centers. The Committee
notes the particular need for legal services at more remote
immigration detention sites that are far from legal service
providers in urban centers.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2018.................................... $97,250,000
Budget estimate, 2019................................... 95,866,000
Committee recommendation................................ 99,195,000
The Committee's recommendation provides $99,195,000 for the
OIG. The recommendation is $1,945,000 above the fiscal year
2018 enacted level and $3,329,000 above the budget request.
This account finances the activities of the OIG, including
audits, inspections, investigations, and other reviews of
programs and operations of the Department to promote efficiency
and effectiveness, and to prevent and detect fraud, waste, and
abuse, as well as violations of ethical standards arising from
the conduct of Department employees in their numerous and
diverse activities.
Oversight of Crime Victims Fund Grants.--Section 510 of
this act maintains $10,000,000 for the OIG to continue its
expanded audits of the CVF including funding set aside for
Indian tribes. The Committee remains concerned that the
Department is not doing enough to proportionately adjust its
grant monitoring activities to reflect significant changes in
CVF spending in order to avoid waste, fraud, and abuse. The
Committee directs the OIG to continue its audits of CVF awards
and assist the Department to ensure these important funds are
used appropriately and effectively.
United States Parole Commission
salaries and expenses
Appropriations, 2018.................................... $13,308,000
Budget estimate, 2019................................... 12,672,000
Committee recommendation................................ 13,308,000
The Committee's recommendation provides $13,308,000 for the
United States Parole Commission. The recommendation is equal to
the fiscal year 2018 enacted level and $636,000 above the
budget request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
Appropriations, 2018.................................... $897,500,000
Budget estimate, 2019................................... 891,836,000
Committee recommendation................................ 910,500,000
The Committee's recommendation provides $910,500,000 for
General Legal Activities salaries and expenses. The
recommendation is $13,000,000 above the fiscal year 2018
enacted level and $18,664,000 above the budget request.
This amount funds the establishment of litigation policy,
conduct of litigation, and various other legal responsibilities
through the Office of the Solicitor General, the Tax Division,
the Criminal Division [CRM], the Civil Division, the
Environmental and Natural Resources Division, the Civil Rights
Division [CRT], the Office of Legal Counsel, and INTERPOL
Washington.
INTERPOL Washington.--From within the funds provided for
General Legal Activities, the Committee directs the Department
to provide no less than the fiscal year 2018 level for INTERPOL
Washington. The Committee has provided no-year authority in the
amount of $685,000 to ensure sufficient resources are available
for INTERPOL Washington's dues payments and help the Department
better manage fluctuations in currency exchange rates. INTERPOL
Washington's command center [IOCC] operates 24 hours a day, 7
days a week, 365 days a year, responding to requests for
international criminal investigative and humanitarian
assistance from more than 18,000 U.S. law enforcement agencies
and their counterparts in 189 other INTERPOL-member countries.
INTERPOL Washington's responsibility to respond to increasing
foreign and domestic requests places additional operational
demands on the resources of this organization.
Mutual Legal Assistance Treaty Reform.--Mutual Legal
Assistance Treaty [MLAT] requests are the formal mechanism in
which countries request assistance in obtaining evidence
located in a foreign country for criminal investigations and
proceedings located in another country. The Committee supports
the Department's full request of $32,300,000 for Criminal
Division [CRM] to provide sustainability to the MLAT reform
process and support the Office of International Affairs [OIA]
and has increased funding in this account for this purpose.
This funding is critical to avoid further backlogs in the
critical support provided by OIA to protect the United States
and support U.S. Attorneys' Offices, as well as our State and
local law enforcement partners.
Civil Rights.--The Committee provides no less than the
fiscal year 2018 enacted level to continue its efforts to
enforce civil rights laws; expand its capacity to prosecute and
provide litigation support for human trafficking, hate crimes,
and unsolved civil rights era crimes; carry out its
responsibilities associated with the civil rights of
institutionalized persons and the access rights of the
disabled; investigate and prosecute police misconduct; and
enhance the enforcement of fair housing and fair lending laws.
Civil Rights Violations in State and Local Prisons and
Jails.--The Committee continues to be concerned by reports of
civil rights violations in State and local prisons and jails,
and directs the CRT to increase efforts to investigate and
address violations of the Civil Rights of Institutionalized
Persons Act in State and local prisons and jails. The Committee
directs the CRT to use such sums as necessary from amounts
appropriated in fiscal year 2019 to address such issues in
State and local prisons and jails.
Human Rights Crimes.--The Committee remains concerned by
the large number of suspected human rights violators from
foreign countries who have found safe haven in the United
States and directs the CRM to continue its efforts to
investigate and prosecute serious human rights crimes,
including genocide, torture, use or recruitment of child
soldiers, and war crimes. For this purpose, the Committee's
recommendation supports continued funding for the CRM to
investigate and prosecute individuals who violate Federal laws
regarding serious human rights abuses.
Enforcement of Federal Hate Crime Laws.--The Committee is
concerned by reports of increased incidents of bias-motivated
crimes and directs the Civil Rights Division to aggressively
prosecute hate crimes and work with the FBI, U.S. Attorneys,
and the Community Relations Service to improve hate crime
reporting and prevent hate crimes from taking place in the
first instance.
Protecting the Rights of Servicemembers and Veterans.--The
Committee recognizes the importance of ensuring that
servicemembers and veterans have access to essential legal
resources to educate themselves and their families on their
rights and enable them to defend themselves during times of
need. The Committee supports funding this program at no less
than the fiscal year 2018 level to continue to enforce existing
law, such as the Uniformed Services Employment and Reemployment
Rights Act (Public Law 103-353), and to provide outreach and
training efforts on behalf of servicemembers, veterans, and
their families.
International Training.--The Committee remains concerned
about the budget and staffing challenges faced by the Office of
Overseas Prosecutorial Development, Assistance and Training
[OPDAT] and International Criminal Investigative Training
Assistance Program [ICITAP] programs under the current funding
structure provided via the Department of State. While the
Committee encourages the Departments of Justice and State to
maintain open communications regarding programmatic and
resource needs to truly execute their missions, OPDAT and
ICITAP should ideally receive a transfer of funds from State
within 90 days of enactment of this act. Should an immediate
source of funding be needed ahead of a completed transfer of
funds, the Committee recommends that the Department of Justice
notify the Committee immediately.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
Appropriations, 2018.................................... $10,000,000
Budget estimate, 2019................................... 9,340,000
Committee recommendation................................ 10,000,000
The Committee's recommendation provides a reimbursement of
$10,000,000 for legal costs. The recommendation is equal to the
fiscal year 2018 enacted level and $660,000 above the budget
request.
This account covers the Department's expenses associated
with litigating cases under the National Childhood Vaccine
Injury Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
Appropriations, 2018.................................... $164,977,000
Budget estimate, 2019................................... 164,663,000
Committee recommendation................................ 164,977,000
The Committee's recommendation provides $164,977,000 for
the Antitrust Division. The recommendation is equal to the
fiscal year 2018 enacted level and $314,000 above the budget
request. This appropriation is offset by $136,000,000 in pre-
merger filing fee collections, resulting in a direct
appropriation of $28,977,000.
UNITED STATES ATTORNEYS
SALARIES AND EXPENSES
Appropriations, 2018.................................... $2,136,750,000
Budget estimate, 2019................................... 2,105,182,000
Committee recommendation................................ 2,179,485,000
The Committee's recommendation provides $2,179,485,000 for
the Executive Office for United States Attorneys [EOUSA] and
the 94 USAOs. The recommendation is $42,735,000 above the
fiscal year 2018 enacted level and $74,303,000 above the budget
request.
As in past years, the Committee directs the United States
Attorneys to focus their efforts on those crimes where the
unique resources, expertise, or jurisdiction of the Federal
Government can be most effective.
Adam Walsh Act Implementation.--The Committee expects the
EOUSA to continue to focus on investigations and prosecutions
related to the sexual exploitation of children, as authorized
by the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248), and as part of Project Safe Childhood.
The recommendation fully funds the budget request of
$48,341,000 for this purpose in fiscal year 2019.
Combating Financial and Mortgage Fraud.--The Committee
directs the EOUSA to prioritize resources and provide no less
than the fiscal year 2018 level to conduct criminal
investigations and prosecutions of mortgage and financial
fraud, including financial fraud against seniors; predatory
lending; and market manipulation matters to ensure that reports
of financial fraud are thoroughly addressed and the
perpetrators of these crimes are brought to justice.
Civil Rights Prosecutions.--The Committee's recommendation
provides no less than the fiscal year 2018 level for continued
civil rights enforcement that will advance both criminal and
civil litigation, including the prosecution of sex and labor
trafficking.
Cybercrime.--As national and international cyber threats
become increasingly sophisticated, our Federal prosecutors must
become better versed in digital forensic evidence. The
Committee's recommendation fully funds the budget request of
$60,459,000 for cybercrime activities. The USAO will be able to
increase the number of investigations and prosecutions of cyber
attacks and cyber intrusions, and provide the high-caliber
level of training on cybercrime and digital evidence needed for
Assistant U.S. Attorneys to be able to analyze and present
digital evidence across all types of criminal cases.
The Committee does not support proposed funding cuts for
Intellectual Property and Child Pornography activities, and
instead directs USAO to provide no less than the fiscal year
2018 funding level for prosecution of these cyber-related
crimes.
UNITED STATES TRUSTEE SYSTEM FUND
Appropriations, 2018.................................... $225,908,000
Budget estimate, 2019................................... 223,221,000
Committee recommendation................................ 225,908,000
The Committee's recommendation provides $225,908,000 for
the United States Trustee System Fund. The recommendation is
equal to the fiscal year 2018 enacted level and $2,687,000
above the budget request. The appropriation is offset by
$360,000,000 in fee collections.
The United States Trustee Program, authorized by 28 U.S.C.
581 et seq., is the component of the Department with
responsibility for protecting the integrity of the bankruptcy
system by overseeing case administration and litigation to
enforce the bankruptcy laws.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
Appropriations, 2018.................................... $2,409,000
Budget estimate, 2019................................... 2,409,000
Committee recommendation................................ 2,409,000
The Committee's recommendation provides $2,409,000 for the
Foreign Claims Settlement Commission. The recommendation is
equal to the fiscal year 2018 enacted level and equal to the
budget request.
The Foreign Claims Settlement Commission settles claims of
American citizens arising from nationalization, expropriation,
or other takings of their properties and interests by foreign
governments.
FEES AND EXPENSES OF WITNESSES
Appropriations, 2018.................................... $270,000,000
Budget estimate, 2019................................... 270,000,000
Committee recommendation................................ 270,000,000
The Committee's recommendation provides $270,000,000 for
fees and expenses of witnesses. The recommendation is equal to
the fiscal year 2018 enacted level and equal to the budget
request.
This appropriation, which is considered mandatory for
scorekeeping purposes, provides for fees and expenses of
witnesses who appear on behalf of the Government in cases in
which the United States is a party, including fact and expert
witnesses. These funds are also used for mental competency
examinations and witness and informant protection. The
Committee includes bill language prohibiting the Department
from transferring funds out of this account.
The Committee expects that no funds will be expended for
expert witness services, including the payment of fees and
expenses of expert witnesses, from any other DOJ accounts but
Fees and Expenses of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $15,500,000
Budget estimate, 2019...................................................
Committee recommendation................................ 15,500,000
The Committee's recommendation provides $15,500,000 for the
CRS. The recommendation is equal to the fiscal year 2018
enacted level and $15,500,000 above the budget request.
The Community Relations Service, established by title X of
the Civil Rights Act of 1964, provides assistance to
communities and persons in the prevention and resolution of
disagreements arising from discriminatory practices.
Hate Crimes Prevention.--Within funds provided, the
Committee provides no less than the fiscal year 2018 level to
handle the workload and responsibilities stemming from passage
of the Matthew Shepard and James Byrd, Jr., Hate Crimes
Prevention Act [HCPA] (Public Law 111-84). The HCPA expanded
the CRS's mandate, requiring that it help communities prevent
and respond to violent hate crimes committed on the basis of
gender, gender identity, sexual orientation, religion, and
disability, in addition to race, color, and national origin.
This funding will maximize the CRS crisis response nationwide
and enable CRS to fulfill both its original mandate and
expanded mandate under the HCPA.
ASSETS FORFEITURE FUND
Appropriations, 2018.................................... $20,514,000
Budget estimate, 2019................................... 20,514,000
Committee recommendation................................ 20,514,000
The Committee's recommendation provides $20,514,000 for the
Assets Forfeiture Fund [AFF]. The recommendation is equal to
the fiscal year 2018 enacted level and equal to the budget
request.
United States Marshals Service
Appropriations, 2018.................................... $2,900,892,000
Budget estimate, 2019................................... 2,821,342,000
Committee recommendation................................ 2,948,409,000
The Committee's recommendation provides a total of
$2,948,409,000 for the United States Marshals Service [USMS].
The recommendation is $47,517,000 above the fiscal year 2018
enacted level and is $127,067,000 above the budget request.
salaries and expenses
Appropriations, 2018.................................... $1,311,492,000
Budget estimate, 2019................................... 1,270,371,000
Committee recommendation................................ 1,377,409,000
The Committee's recommendation provides $1,377,409,000 for
USMS salaries and expenses. The recommendation is $65,917,000
above the fiscal year 2018 enacted level and $107,038,000 above
the budget request. The core missions of USMS include the
apprehension of fugitives; protection of the Federal judiciary
and witnesses; execution of warrants and court orders; and the
custody and transportation of unsentenced prisoners.
In addition to receiving direct appropriations, the
Committee is aware that USMS also receives funding from the
Department's Assets Forfeiture Fund [AFF] to augment salaries
and expenses that are intended to directly administer AFF-
related activities like the management and sale of forfeited
assets. The Committee directs the Department to continue to
provide quarterly reports on the USMS's use of AFF funding, as
directed in Senate Report 115-139 and codified in Public Law
115-141.
Investigative Operations.--The Committee directs USMS to
provide no less than the fiscal year 2018 levels to maintain
its missions regarding gang enforcement, International Megan's
Law, and sex offender apprehension. Per Senate Report 115-139
and codified in Public Law 115-141, the Committee expects USMS
to continue the process to establish an additional Regional
Fugitive Task Force [RFTF], with a report to be submitted
within 90 days of enactment of this act on the status of the
new RFTF including, staffing, operational space and agreements,
equipment, and expected future resource needs.
International Operations.--The Committee reminds USMS to
submit the report requested in Senate Report 115-139 and
codified in Public Law 115-141 on its extradition program,
detailing its international operations workload. The report
should include the number of extraditions and deportations,
district cooperation, and extradition requests made by foreign
counterparts in a timely manner. Given that transnational
criminal organizations and fugitives know no geographical
bounds, the Committee expresses support for increased USMS
capabilities in Mexico and an increased presence in South
America.
CONSTRUCTION
Appropriations, 2018.................................... $53,400,000
Budget estimate, 2019................................... 14,971,000
Committee recommendation................................ 35,000,000
The Committee's recommendation provides $35,000,000 for
construction in space controlled, occupied, or utilized by the
USMS in Federal courthouses and buildings, including but not
limited to the creation, renovation, and expansion of prisoner
movement areas, elevators, and other law enforcement and court
security support space. The recommendation is $18,400,000 below
the fiscal year 2018 enacted level and $20,029,000 above the
budget request.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $1,536,000,000
Budget estimate, 2019................................... 1,536,000,000
Committee recommendation................................ 1,536,000,000
The Committee's recommendation provides $1,536,000,000 for
Federal Prisoner Detention [FPD]. The recommendation is equal
to the fiscal year 2018 enacted level and equal to the budget
request.
The Committee expects USMS to anticipate the true funding
needs for this account in order to avoid funding shortfalls and
the need for emergency reprogrammings to avert deficiencies.
The Committee directs USMS to report to the Committee on a
quarterly basis the current number of individuals in the
detention system, the projected number of individuals, and the
associated annualized costs.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $101,031,000
Budget estimate, 2019................................... 101,369,000
Committee recommendation................................ 101,369,000
The Committee's recommendation provides $101,369,000 for
the National Security Division [NSD]. The recommendation is
$338,000 above the fiscal year 2018 enacted level and equal to
the budget request.
The NSD coordinates the Department's national security and
counterterrorism missions through law enforcement
investigations and prosecutions, and handles counterespionage
cases. The NSD works in coordination with the FBI, the
Intelligence Community, and the U.S. Attorneys. Its primary
function is to prevent acts of terrorism and espionage from
being perpetrated in the United States by foreign powers.
Foreign Agents Registration Act [FARA].--The Committee
recognizes the importance of the National Security Division's
[NSD] enforcement of FARA, Public Law 75-583; in order to
increase transparency and accountability across the Federal
Government by ensuring that persons acting on behalf of a
foreign government disclose that relationship. The Committee
continues to support the Office of Inspector General's
recommendations to improve NSD's ability to administer and
enforce FARA. The Committee directs that the Department
continue to provide adequate funding of NSD's FARA activities.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
Appropriations, 2018.................................... $542,850,000
Budget estimate, 2019................................... 521,563,000
Committee recommendation................................ 521,563,000
The Committee's recommendation provides $521,563,000 for
Interagency Crime and Drug Enforcement. The recommendation is
$21,287,000 below the fiscal year 2018 enacted level and equal
to the budget request.
The Interagency Crime and Drug Enforcement account funds
the Organized Crime and Drug Enforcement Task Forces [OCDETF].
The mission of the OCDETF is to ensure a coordinated, multi-
agency, intelligence-based, and prosecutor-led approach to
identifying, disrupting, and dismantling those drug trafficking
and money laundering organizations primarily responsible for
the Nation's illicit drug supply and drug-related violence.
International Drug Enforcement.--OCDETF is urged to
continue to coordinate with the DEA and other Federal and
international law enforcement partners to play a role in the
interception and disruption of foreign drug shipments, as
directed by Senate Report 115-139 and codified in Public Law
115-141.
Federal Bureau of Investigation
SALARIES AND EXPENSES
Appropriations, 2018.................................... $9,030,202,000
Budget estimate, 2019................................... 8,872,080,000
Committee recommendation................................ 9,030,202,000
The Committee's recommendation provides $9,030,202,000 for
the FBI salaries and expenses. The recommendation is equal to
the fiscal year 2018 enacted level and $158,122,000 above the
budget request.
Criminal Justice Information Services [CJIS].--The
Committee recommends the full funding request for CJIS,
including fee collections. The recommendation provides up to
$121,000,000 for the FBI to continue improvements to the
National Instant Criminal Background Check System [NICS] to
increase the capacity and efficiency of the existing NICS
system to perform background checks on prospective firearms
buyers. The Committee's recommendation does not support the
full request to rescind funds from the CJIS fee collections and
instead directs the FBI to invest an appropriate amount of the
fee collections into making necessary upgrades to CJIS's
systems.
Cybersecurity.--The FBI remains the only agency with the
statutory authority, expertise, and ability to combine
counterterrorism, counterintelligence, and criminal
investigatory resources to neutralize, mitigate, and disrupt
illegal domestic computer-supported operations. The Committee
supports the requested adjustments-to-base and programmatic
increases for cybersecurity activities throughout the FBI.
Terrorist Explosive Device Analytical Center [TEDAC].--The
Committee's recommendation provides no less than the fiscal
year 2018 level for full operational funding to TEDAC and the
additional operational support associated with the TEDAC campus
in fiscal year 2019, which will continue to strengthen the role
of TEDAC as the U.S. Government's strategic-level improvised
explosive device exploitation center and provide the resources
necessary to fully staff the facility.
Hazardous Devices School [HDS] and International Advanced
Canine Technology Center.--The Committee recognizes HDS's
status as both the sole certification authority of civilian
State, local, and Federal bomb technicians and the sole
accrediting authority of civilian State, local, and Federal
bomb squads intending to utilize any manner of render safe or
device defeat within the United States and its territories. The
Committee supports the FBI Weapons of Mass Destruction
Directorate's efforts at no less than the fiscal year 2018
level, to more efficiently and effectively disseminate critical
threat information to the explosives detection canine community
and, in conjunction with government and academic partners to
support this national security program.
Enhancements at TEDAC and HDS.--The Committee supports the
recent enhancements at TEDAC and HDS, including additional
advanced render safe techniques courses for public safety bomb
technicians. The Committee encourages the FBI's further
research and testing of the functions and effects of explosive
devices in order to better exploit design weaknesses and
enhance its training courses, which in turn allows HDS to
provide the required standardized and consistent training to
the entire civilian, domestic bomb squad community. Within the
funds provided for FBI, up to $2,500,000 may be made available
for the FBI's Research Development Testing and Evaluation
[RDTE] Program to rapidly develop tools and techniques to
defeat IED threats to the United States, including advanced
counter explosive device research focusing on hypervelocity
impact and hypervelocity flight dynamics. Using IED information
collected from the intelligence community and TEDAC, the RDTE
program anticipates advances in IED technology, researches
suitable solutions and develops technologies and procedures for
incorporation into render safe training at HDS.
Human Rights Violations.--The Committee directs the FBI to
continue its efforts to investigate and support the DOJ's
criminal prosecution of serious human rights crimes committed
by foreign nationals, including genocide, torture, use or
recruitment of child soldiers, and war crimes. The Committee's
recommendation continues funding this effort at the fiscal year
2018 enacted level.
Innocent Images National Initiative.--The Committee's
recommendation supports the fiscal year 2019 request of
$91,640,000 for the Innocent Images National Initiative,
allowing the FBI to target and investigate sexual predators on
the Internet. The Committee is concerned that the proposed
reductions to the base program are insufficient to cover the
current Innocent Images caseload that combat child sexual
exploitation and child victimization.
Law Enforcement Medical Demonstration.--The Committee
supports the Bureau's actions to formalize external
partnerships in the Operational Medicine Program in order to
support medical contingency planning and improve the delivery
of medical care for high-risk law enforcement missions. The
Committee looks forward to reviewing the Bureau's report, as
directed in Senate Report 115-139 and codified in Public Law
115-141 regarding these partnerships.
National Bioforensic Analysis Center.--The Committee
recognizes the need to maintain operations at the National
Bioforensic Analysis Center [NBFAC] and supports the work
performed at the NBFAC in furtherance of the FBI's mission. The
Committee understands NBFAC currently operates under a contract
executed by the Department of Homeland Security [DHS], and that
the FBI intends to enter into a cost-sharing agreement or
memorandum of understanding/agreement with DHS, so that the
Bureau may continue ongoing operations at this facility.
The Committee supports the bioforensic analysis and
investigations performed at NBFAC, and looks forward to
learning more about the proposed cost sharing agreement between
the Bureau and DHS. The Committee supports $20,800,000 for the
FBI's role at the NBFAC and directs the FBI to report, not
later than 30 days after the enactment of this act, with
alternative financial plans regarding the maintenance and or
ownership of the facility.
Counter-Unmanned Aircraft Systems [UAS].--The Committee
supports efforts to expand the Bureau's counter-UAS program
capabilities including increased partnerships with State and
local law enforcement.
FBI Police.--A 2014 study conducted by the FBI's Inspection
Division revealed that the primary obstacle faced by FBI Police
management was the low retention rate of FBI police officers,
Federal law enforcement officers tasked with protecting FBI
facilities, properties, personnel, visitors, and operations,
due to lower pay and fewer benefits compared to other members
in the National Capital Region like the U.S. Capitol Police and
CIA Police. This has a subsequent negative effect on morale and
as a result of lower pay and benefits.
Under 28 U.S.C. 540C, the Director of the FBI, subject to
the supervision of the Attorney General, may establish a
permanent police force, to be known as the FBI police. The FBI
police shall perform such duties as the Director may prescribe
in connection with the protection of persons and property
within FBI buildings and grounds.
The Committee encourages the Director of the FBI to make
the rates of basic pay, salary schedule, pay provisions, and
benefits for members of the FBI police equivalent to the rates
of basic pay, salary schedule, pay provisions, and benefits
applicable to other Federal police divisions. Within 180 days
of enactment, the FBI shall report to the Committee on the
retention rate and pay of the FBI police compared to other
Federal law enforcement with similar missions. The Committee
urges the FBI to coordinate, as appropriate, with the U.S.
Office of Personnel Management [OPM] and any other relevant
agency as it implements these activities.
CONSTRUCTION
Appropriations, 2018.................................... $370,000,000
Budget estimate, 2019................................... 51,895,000
Committee recommendation................................ 385,000,000
The Committee's recommendation provides $385,000,000 for
FBI construction. The recommendation is $15,000,000 above the
fiscal year 2018 enacted level and $333,105,000 above the
budget request.
FBI Headquarters.--Due to concerns about the FBI
Headquarters Revised Nationally-Focused Consolidation Plan
which was submitted to Congress by the General Services
Administration [GSA] on February 12, 2018, the Consolidated
Appropriations Act, 2018 (Public Law 115-141) included no
funding for this project. No funds were requested for the
project for fiscal year 2019, and no funds are provided in this
bill.
The Committee continues to be reluctant to appropriate any
additional funds for this project due to the unanswered
questions regarding the new plan, including the revision of
longstanding mission and security requirements. The Committee
encourages the FBI to work with GSA to submit a prospectus for
a new, fully-consolidated headquarters building, including at
one of the three previously vetted sites that complies with
prior Congressional directives and actions and meets
Interagency Security Committee [ISC] Level V security
standards.
21st Century Facilities.--The Committee continues to
support the FBI's long-term vision for co-locating
complimentary mission operations while balancing the eventual
transition into a new headquarters building with changing
footprints at Quantico, Clarksburg, Huntsville, and Pocatello
facilities. The delay in the new FBI headquarters project only
exacerbates the need to secure viable space for supporting a
variety of missions, workforce, and land requirements. The
Committee recommendation provides funding at no less than the
fiscal year 2018 enacted level to further support the FBI's
21st Century Facility plans and encourages the FBI to
transition from interim facilities to full operating
capabilities, including plans for technological requirements.
As part of this 21st Century Planning, the FBI should continue
to research the feasibility of using public-private partnership
opportunities, provided that the annual lease and operating
costs are reasonable and the facilities can be securely
constructed and maintained at a level that meets the FBI's
requirements.
Drug Enforcement Administration
SALARIES AND EXPENSES
Appropriations, 2018.................................... $2,609,900,000
Budget estimate, 2019...................................\1\2,862,162,000
Committee recommendation................................ 2,654,836,000
\1\The budget request includes $254,000,000 for the consolidation of the
High Intensity Drug Trafficking Area [HIDTA] from the Office of National
Drug Control Policy to the DEA. The Committee recommendation does not
include this transfer.
The Committee's recommendation provides total resources of
$2,654,836,000 for the DEA, of which $420,703,000 is derived
from the DEA's Diversion Control Fee Account [DCFA]. The
recommendation is $44,936,000 above the fiscal year 2018
enacted level and $207,326,000 below the budget request. When
compared to the budget request for DEA operations only, the
recommendation is $46,674,000 higher. Within the funds
provided, $10,000,000 is for assistance to State and local law
enforcement for proper removal and disposal of hazardous
materials at clandestine methamphetamine labs, and to initiate
container programs.
The DEA's mission is to enforce the controlled substances
laws and regulations of the United States and bring to the
criminal and civil justice system of the United States--or any
other competent jurisdiction--those organizations and principal
members of organizations involved in the growing,
manufacturing, or distribution of controlled substances
appearing in or destined for illicit traffic in the United
States; and to support non-enforcement programs aimed at
reducing the availability of illicit controlled substances on
the domestic and international markets.
Medical Registration Coordination.--The Committee requested
a plan from the Department regarding over-prescribing of
opioids by medical practitioners as part of Senate Report 114-
239 and codified in Public Law 115-31. This plan is well
overdue, and the Committee requests its immediate submission.
Drug Diversion at Veterans Health Administration
Facilities.--The Committee remains alarmed by the rates of
prescription drug opioid abuse and related overdoses among
veterans, as well as allegations of diversion of prescription
opioids from Veterans Health Administration [VHA] facilities
into the illicit drug market. According to a February 2018
Government Accountability Office report, the oversight of
controlled substances within VHA remains a significant problem.
That VHA facilities continue to be a source for the illicit
distribution and use of opioids is extremely concerning, and
the Committee directs the DEA to ensure that investigations of
drug diversion in VHA facilities remain a priority. As stated
in Senate Reports 114-66, 114-239, and 115-131, the Committee
continues to expect the DEA to take steps to ensure that
sufficient resources are allocated for investigations of drug
diversion at VHA facilities.
Permanent Drug Take Back Collection Sites.--The Committee
applauds the option for consumers and long-term care facilities
to dispose of unneeded medicines by transferring them,
including prescription opioids, to DEA-registered collectors,
which safely and securely collect and dispose of
pharmaceuticals containing controlled substances. Authorized
permanent collection sites may be located in retail pharmacies,
hospital or clinic pharmacies, and law enforcement facilities.
Some authorized collection sites may also offer mail-back
programs or collection receptacles, sometimes called ``drop-
boxes,'' to assist consumers in safely disposing unused
medicines. The Committee directs DEA to continue this program
and expand locations where possible.
Discussions with Reverse Distributors.--The Committee
encourages DEA to meet with commercial hazardous waste
management industry members, many who are reverse distributors
for the receipt and destruction of unwanted controlled
substances. Such meetings should include discussions that
establish a formal process for evaluating alternative methods
of disposal, other than incineration, as a means of meeting
DEA's ``Non Retrievable'' standard. Such methods may include
dissolving controlled substances in solvents and acids.
Further, the Committee encourages DEA to develop a process for
permitting alternative safety measures for the transportation
of controlled substances for disposal, including secure tamper-
proof evidence packages or security tape sealed drums, to
ensure compliance with both the Resource Conservation and
Recovery Act (Public Law 94-580) and the Secure and Responsible
Drug Disposal Act (Public Law 111-273).
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
Appropriations, 2018.................................... $1,293,776,000
Budget estimate, 2019................................... 1,316,678,000
Committee recommendation................................ 1,316,678,000
The Committee's recommendation provides $1,316,678,000 for
ATF. The recommendation is $22,902,000 above the fiscal year
2018 enacted level and equal to the budget request. ATF has
diverse law enforcement responsibilities, and the funding
increase is provided to allow ATF to carry out these duties and
to fill existing positions that are currently vacant.
ATF reduces the criminal use of firearms and illegal
firearms trafficking, and assists other Federal, State, and
local law enforcement agencies in reducing crime and violence.
ATF investigates bombing and arson incidents and assists with
improving public safety by reducing the criminal misuse of and
trafficking in explosives, combating acts of arson and arson-
for-profit schemes, and removing safety hazards caused by
improper and unsafe storage of explosive materials.
Combating Gun Violence and Enforcing Existing Gun Laws.--
The Committee's recommendation maintains ATF's ability to
enforce existing firearms laws and perform regulatory oversight
and training, including through the National Integrated
Ballistics Information Network [NIBIN]. This funding will
enable ATF to continue to collect, report, and share ballistic
intelligence with Federal, State, local, and tribal law
enforcement partners to identify, target, and disrupt violent
criminals, including serial shooters. Funds will support work
with State and local law enforcement agencies and laboratories
to collect ballistic hit information to provide leads to
Firearms Intelligence Groups for investigations and document
successful prosecutions as a result of NIBIN.
United States-Mexico Firearms Trafficking.--The Committee
continues to support the ATF's efforts to combat weapon
trafficking on the border. The ATF shall continue to provide
the Committee with annual data on the total number of firearms
recovered by the Government of Mexico, and of those, the number
for which an ATF trace is attempted, the number successfully
traced, and the number determined to have originated in the
United States prior to being recovered in Mexico.
National Center for Explosives Training and Research
[NCETR].--Since fiscal year 2013, ATF has had the use of NCETR
at its disposal as a critical facility and Federal asset with
unique capabilities. However, the Committee has remained
concerned that NCETR has been understaffed and underutilized.
Therefore, in an effort to capitalize on the Federal
investments that currently exist at NCETR, such as the lab and
test range, the Committee directs the Department to partner
with Federal, State, and local law enforcement entities, as
well as the U.S. military where appropriate, to conduct
research in the field of explosives and precursor chemicals.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $7,114,000,000
Budget estimate, 2019................................... 7,042,328,000
Committee recommendation................................ 7,256,280,000
The Committee's recommendation provides $7,256,280,000 for
Bureau of Prisons [BOP] salaries and expenses. The
recommendation is $142,280,000 above the fiscal year 2018
enacted level and $213,952,000 above the budget request. The
Committee supports the Department's request to increase funding
for BOP's cybersecurity, including improving network defenses
and mitigating insider threats.
BOP Staffing and Hiring.--The Committee remains concerned
that the Department has maintained a hiring freeze for BOP when
it has since lifted the hiring moratorium for other DOJ law
enforcement agencies. The inmate to correctional officer ratio
continues to remain at 8.3 to 1, a level that the Committee
considers unsafe and believes BOP should immediately correct.
The Committee directs DOJ to revisit hiring policies to ensure
BOP is able to appropriately staff its 122 Federal facilities
across the United States, particularly the hiring of
correctional officers at medium- and high-security facilities.
Finally, the Committee is concerned about the extensive number
of eliminated positions proposed by BOP as part of its budget
request. The Committee rejects further position eliminations.
Hiring and Staffing Reports.--The Committee directs BOP to
submit quarterly hiring and staffing reports, including
corrections officer-to-inmate ratios from Pay Period 26-2016 to
the present for the OPM position classification standard
Correctional Officer Series GS-0007, broken out by region,
institution, security level, and shift (morning watch, day
watch, evening watch) no later than 90 days after enactment.
For any institution with a staffing ratio greater than 25:1, or
an incident involving deadly force in any such report, BOP
shall provide a separate, detailed explanation of the role
staffing may or may not have played in the incident along with
a corrective plan to ensure it will not happen again.
Augmentation.--While BOP reports that there is a higher
incidence of serious assaults by inmates on staff at high- and
medium-security institutions than at the lower security
facilities, to meet staffing needs, BOP routinely uses a
process called ``augmentation,'' whereby a non-custodial
employee is assigned custodial responsibilities. The Committee
again directs BOP to curtail its overreliance on augmentation,
particularly in housing units, a directive issued as part of
Senate Report 115-139 and codified in Public Law 115-141. BOP
should instead hire additional full-time correctional staff
before continuing to augment existing staff. BOP is further
directed to submit quarterly reports to the Committee on the
use of augmentation broken out by region, institution, and
security level each time this practice is employed.
Alleviating Overcrowding at High-Security Facilities.--The
overcrowding rate at high-security prisons remains high at 26
percent. The Committee supports BOP's efforts to alleviate
overcrowding at high-security facilities through the process of
activating additional prisons. The Committee expects BOP to
adhere to its activation schedule regarding these prison
facilities, including the acceptance of high-security inmates
at the United States Penitentiary [USP] in Thomson, Illinois,
as BOP estimates overcrowding at high-security facilities to be
reduced to 19 percent with the full opening of USP Thomson. The
Committee continues to direct that this facility be designated
as a high-security USP.
The Committee previously directed BOP to ensure at least
two correctional officers are on duty for each housing unit for
all three shifts at all high-security institutions to include
United States Penitentiaries and Administrative and Federal
Detention Centers. BOP is directed to continue to submit
quarterly reports to the Committee showing compliance with this
directive and provide a cost estimate and strategic plan for
implementation for medium-security institutions that currently
do not have a second officer for all three shifts.
Medication-Assisted Treatment [MAT] Expansion.--The
Committee directs that no less than the fiscal year 2018 level
be provided for BOP to continue the MAT program for inmates
with heroin and opioid addiction. This voluntary pilot program
treats approximately 200 inmates in residential reentry
centers. BOP is directed to provide a report to the Committee
within 90 days of enactment of this act including the number of
locations and number of individuals using MAT as well as a
strategic plan for deploying the MAT program to all BOP Regions
including timelines and locations.
Federal Detainers.--In an effort to ensure that criminal
aliens are not improperly released into our communities, the
Committee directs BOP to offer Immigration and Customs
Enforcement [ICE] the first opportunity to take into custody
and remove an individual with a Federal detainer instead of BOP
and ICE automatically deferring to States and municipalities
who are seeking custody of the same individual. ICE's decision
to exercise this right of first refusal with BOP will be
informed, in part, by the State or municipality's willingness
to cooperate with Federal authorities on ICE detainers.
Compassionate Release.--The Committee notes that BOP
expanded the grounds for, and streamlined the process of,
considering requests for compassionate release in 2013. The
Committee is also aware that the Department of Justice Office
of Inspector General [OIG] recommended additional reforms to
the compassionate release program in its 2013 review of the
program. In 2016, the U.S. Sentencing Commission [USSC] amended
the criteria for compassionate release and encouraged BOP to
file a motion for those prisoners who meet the criteria as
identified by the Commission.
The Committee awaits the information required by Senate
Report 115-139 and codified in Public Law 115-141, including an
account of: (1) any steps taken by BOP to implement the OIG and
USSC's recommendations; (2) for those recommendations not met,
BOP's plan for future implementation and/or an explanation as
to why these recommendations cannot be implemented; (3) the
number of prisoners granted or denied compassionate release
during each of the last 5 years; (4) for each of the past 5
years, the number of requests initiated by or on behalf of
prisoners, categorized by the criteria relied on as grounds for
a reduction in sentence; (5) for each year, the number of
requests approved by the Director of the BOP, categorized by
the criteria relied on as grounds for a reduction in sentence;
(6) for each year, the number of denials by the Director of the
BOP, categorized by the criteria relied on as grounds for a
reduction in sentence and the reason given for the denial; (7)
for each year, the period of time between the date the request
was received by the warden and the final decision, categorized
by the criteria relied on as grounds for a reduction in
sentence; and (8) for each year, the number of prisoners who
died while their compassionate release requests were pending
and, for each, the amount of time that elapsed between the date
the request was received by the warden.
Inmate Mental Health Care and Restrictive Housing.--The
Committee was encouraged that the Bureau of Prisons [BOP]
agreed to resolve the 15 recommendations made by the Department
of Justice Inspector General [DOJ-IG] in July 2017 regarding
the need for BOP to improve its screening, treatment, and
monitoring of inmates with mental illness housed in Restrictive
Housing Units. The Committee encourages BOP to continue to
develop evidence-based policies and appropriate facilities that
ensure BOP can do its job safely while also providing proper
care for those inmates with mental illnesses. As such, the
Committee requests a report, within 180 days of enactment of
this act, from BOP on the status of resolving each of those 15
DOJ-IG recommendations issued in July 2017.
Correctional Education Evaluation.--The Committee
recognizes the value of correctional education in reducing
recidivism. The Committee is concerned, however, that there is
a lack of comprehensive data and analysis on key questions such
as the necessary amount of intervention education; how
intervention needs vary by educational program; and what models
of instruction and curriculum delivery are most effective in
correctional environments. Therefore, the Committee encourages
the National Corrections Institute's [NCI] efforts to establish
public-private partnerships with research and correctional
institutions to evaluate completed demonstration projects
involving postsecondary education programs in prisons, and
looks forward to reviewing NCI's findings on correctional
education in a report submitted to the Committee not later than
90 days after the date of enactment.
Report on Contract Facilities.--The Committee reminds BOP
of the direction provided in Senate Report 115-139 as codified
in Public Law 115-141 on submitting a detailed report on the
use of contract facilities for fiscal years 2016 and 2017. The
Committee looks forward to the timely submission of this
report.
Freedom of Information Act Records.--The Committee expects
BOP to maintain records and respond to records requests,
consistent with the requirements of section 5 U.S.C. 552
(commonly referenced as the Freedom of Information Act), for
information related to all Federal offenders in the custody of
BOP, regardless of whether such offenders are housed in a
Federal or non-Federal prison, detention center, correctional
institution, privately managed or community-based facility, or
local jail. The Committee further notes that BOP should not
withhold records from disclosure unless BOP reasonably foresees
that disclosure would harm an interest protected by an
exemption described in 5 U.S.C. 552b, or as otherwise
prohibited by law.
Residential Reentry Centers.--The Committee maintains
concerns and expectations regarding Residential Reentry Centers
[RRCs] as outlined in Senate Report 115-139 and codified in
Public Law 115-141, including the direction requiring BOP to
alert the Committee before adopting any significant change in
policy or practice involving RRCs or other recidivism-reduction
measures. The Committee directs BOP not to cancel or modify any
existing contracts for RRCs if another BOP-contracted RRC
facility does not exist within 100 miles of the existing RRC.
In instances where RRC contracts are expiring, the Committee
directs BOP to take interim and emergency measures to prevent
facility closures and the interruption of services, including
by expediting solicitations and re-solicitations for existing
services.
Minimum Security Camps.--The Committee does not approve of
BOP's proposal to close or move any of the Bureau's seven
stand-alone federal correctional minimum security camps.
BUILDINGS AND FACILITIES
Appropriations, 2018.................................... $161,571,000
Budget estimate, 2019................................... 99,000,000
Committee recommendation................................ 274,000,000
This act includes $274,000,000 for the construction,
acquisition, modernization, maintenance and repair of prison
and detention facilities housing Federal inmates. The
recommendation is $112,429,000 above the enacted level and
$175,000,000 above the budget request. Within this amount not
less than $175,000,000 is for costs related to construction of
new facilities currently not fully funded that remain on BOP's
Monthly Construction Status Report. BOP shall proceed with
ongoing planned and associated new construction efforts to meet
projected capacity requirements, as identified in its monthly
status of construction reports to the Committee. BOP is
directed to continue to provide such reports on a quarterly
basis, along with notifications and explanations of any
deviation from construction and activation schedules, and any
planned adjustments or corrective actions.
The Committee includes bill language in Title V--General
Provisions stipulating that no BOP resources may be used for
facilities to house detainees from the United States Naval
Station, Guantanamo Bay, Cuba.
FEDERAL PRISON INDUSTRIES, INCORPORATED
(LIMITATION ON ADMINISTRATIVE EXPENSES)
Appropriations, 2018.................................... $2,700,000
Budget estimate, 2019................................... 2,700,000
Committee recommendation................................ 2,700,000
The Committee's recommendation provides a limitation on the
administrative expenses of $2,700,000 for the Federal Prison
Industries, Inc. The recommendation is equal to the fiscal year
2018 enacted level and equal to the budget request.
State and Local Law Enforcement Activities
In total, the Committee recommends $3,001,800,000 for State
and local law enforcement and crime prevention grant programs,
including: $2,504,300,000 in discretionary appropriations and
in mandatory appropriations, and $497,500,000 from funds
provided under section 510 of this act. The total is
$67,500,000 above the fiscal year 2018 enacted level and
$957,000,000 above the budget estimate.
Management and Administration Expenses.--The Department
shall, in preparing its fiscal year 2019 spending plan, assess
management and administration [M&A] expenses compared to
program funding. The Committee directs the Department to ensure
that its assessment methodology is equitable and, for programs
funded through the Crime Victims Fund, that the assessment
reflects a fair representation of the share of each program
devoted to common M&A costs. The Committee also directs grant
offices to minimize administrative spending in order to
maximize the amount of funding that can be used for grants or
training and technical assistance. The Committee reiterates the
direction provided in Public Law 113-76 that the Department
shall detail, as part of its budget submission for fiscal year
2020 and future years, the actual costs for each grant office
with respect to training, technical assistance, research and
statistics, and peer review for the prior fiscal year, along
with estimates of planned expenditures by each grant office in
each of these categories for the current year and the budget
year.
Expanded Purpose Areas for Crime Victim Assistance.--The
Committee reminds Office for Victims of Crime [OVC] of the
final rule (81 Fed. Reg. 44515) regarding the expansion of
purpose areas that can be used for victim services programs
including discretionary grants.
Compliance with Federal Laws.--The Committee directs the
Department to ensure that all applicants for Edward Byrne
Memorial Justice Assistance Grants [Byrne JAG], Community
Oriented Policing Services [COPS] grants, and State Criminal
Alien Assistance Program [SCAAP] funds are required to attest
and certify that the potential grant recipients are in
compliance with all applicable Federal laws, and shall be
required to continue to remain compliant throughout the
duration of their grant award period.
Grant Funding Set-Asides.--The Committee notes the
significant number of reductions in grant funding allowable for
various purposes, including training, technical assistance,
research, evaluation, and statistics activities with set-asides
ranging anywhere from 2 percent to 10 percent of total grant
funding provided. To that end, the Committee directs the
Department to continue providing a comprehensive report
concurrently with the spending plan that details the total
amount provided for each grant program in this act, the
specific reductions taken, the purpose for those reductions,
and the final use of those resources, including any transfers
that may occur among Office of Justice Programs [OJP], Office
on Violence Against Women [OVW], and COPS. The Committee
expects that the report will provide a complete analysis of the
final amounts externally awarded and the amounts retained
internally for other purposes.
Grant Funds for Rural Areas.--The Committee is concerned
about the needs of rural areas, especially those communities
with high crime rates. The Committee wants to ensure that the
challenges encountered by the residents of these areas are
being addressed through the equitable use of grant funding. The
Committee reminds the Department to consider the unique needs
of rural communities when making grant awards through the
numerous programs funded under this act.
Tribal Grants and Victim Assistance.--The Committee
provides a total of $91,000,000 in discretionary grant funding
for tribes as follows: $50,000,000 within OJP for tribal
assistance; $7,000,000 for a tribal youth program within the
Office of Juvenile Justice and Delinquency Prevention;
$27,000,000 for tribal resources and $3,000,000 for a Tribal
Access Program within the COPS Office; and $4,000,000 for a
special domestic violence criminal jurisdiction program within
the Office on Violence Against Women.
For tribal assistance grants within OJP, funding is to be
used to support efforts to help tribes improve the capacity of
their criminal and civil justice systems. OJP is expected to
consult closely with tribal stakeholders in determining how
tribal assistance funds will be awarded for detention
facilities, including outdated detention facilities that are
unfit for detention purposes and beyond rehabilitation; courts;
alcohol and substance abuse programs; civil and criminal legal
assistance; and other priorities. The Committee directs OJP to
submit, as part of the Department's spending plan for fiscal
year 2019, a plan for the use of these funds that is informed
by such consultation.
In addition, the bill includes a 5 percent set-aside for
tribes within the Crime Victims Fund. OVC is directed to
consult closely with tribal stakeholders to improve services
for tribal victims of crime to include expanded purpose areas
described in the OVC final rule effective August 8, 2016. OVC
shall continue to follow direction provided by the Committee in
Senate Report 115-139 and codified in Public Law 115-141
regarding grant application requirements, accountability, and
assistance.
Human Trafficking in Indian Country.--The Committee
encourages the Departments of Justice, Interior, and Health and
Human Services to work together to address the need for and
impact of Federal grant assistance regarding human trafficking
in Indian Country, to ensure that Federal dollars are used
effectively and efficiently.
Post-Conviction Relief for Trafficking Victims.--The
Committee recognizes that serious, sustained efforts and
investments in victim-centered programs are necessary to help
address the rise in human trafficking and is committed to
helping victims seek justice and ensure that offenders are held
accountable. The Committee is concerned about reports that
trafficking victims are prosecuted, both at the Federal and
state levels, for crimes directly related to their trafficking.
Criminal convictions often disqualify victims from numerous
Federal programs and impede their recovery. The Committee is
concerned that removing expungement services from eligible
activities for fiscal year 2018 OVC grants contradicts the 2017
Trafficking in Persons Report released by the State Department,
which encouraged the expansion of vacatur services.
In light of the 2017 State Department report, the Committee
requests a study from the Department on the number of
trafficked victims who are convicted of crimes related to their
trafficking, the types of crimes, and an analysis on how the
Federal government can supplement state vacatur programs. The
report shall be submitted to Congress within 30 days of
enactment of this bill.
Submission of Officer Training Information.--The Committee
directs the Department to continue following direction provided
in fiscal years 2017 and 2018 regarding the submission of
officer training data as part of the Byrne-JAG and COPS hiring
grant process.
STOP School Violence Act.--The Committee provides a total
of $100,000,000 for the STOP School Violence Act (Division S,
Title V of Public Law 115-141) grant program, which is equal to
the authorized amount and is $25,000,000 above the fiscal year
2018 level. Of this amount, $75,000,000 is provided to the
Bureau of Justice Assistance [BJA] for evidence-based school
safety programs outlined in the Act and $25,000,000 is provided
to the COPS Office for their respective competitive grant
programs as outlined in the act. States, localities, Tribes and
corresponding school districts should consider using BJA funds
as permitted under the Act for school violence prevention
programs to prevent violent acts before a weapon enters a
campus, including development and operation of evidence-based
school threat assessments and trainings for school personnel
and students to identify and report signs of violence against
others or self. As designated in the authorization for the COPS
portion of this program, funding is allowable for strengthening
security measures, such as technology for expedited
notification of local law enforcement during an emergency,
locks, lighting, and other deterrent measures.
Consent Decrees and Grant Assistance.--The Committee is
aware that the Department's Civil Rights Division is currently
enforcing 14 consent decrees. The Committee is also aware of
the benefits received by the local communities and their
citizens after a consent decree has been successfully enforced
and the required reforms are implemented. As tensions between
certain communities and police departments have grown in recent
years, the Committee seeks to ensure that consent decrees
continue to be implemented successfully and accordingly,
encourages the Department to provide additional training and
technical assistance for jurisdictions participating in a
consent decree with the Department.
Financial Exploitation.--The Committee commends the work of
the OVC to address the issue of financial exploitation of older
Americans by guardians, conservators, and other fiduciaries. As
emphasized in Senate Report 115-139 and codified in Public Law
115-141, the Committee encourages OVC to continue working with
stakeholders to minimize loss of the assets of individuals
subject to conservatorship and to improve access to the legal
system by victims of conservatorship exploitation.
Issuance of DOJ Grant Solicitations.--The Committee directs
all Department of Justice grant making components to have
fiscal year 2019 grant solicitations posted no later than March
31, 2019, to ensure applicants to have a minimum of 60 days to
submit an application and to ensure that DOJ has adequate time
to consider the funding requests and submissions subject to
requirements outlined in section 505 of the bill. Should a new
grant program be appropriated or an existing grant program be
modified by this act, the Department shall issue solicitations
for new programs or re-issue modified grant program
solicitations as expeditiously as possible while still meeting
the requirements of section 505.
DOJ Grants, Multi-Year Awards Oversight.--The Committee
encourages DOJ to review its multi-year grant award processes
and protocols to ensure grantees have fully complied with the
rules of year one funding before year two funding is disbursed
in multi-year grant awards.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
Appropriations, 2018.................................... \1\$492,000,000
Budget estimate, 2019................................... \2\485,500,000
Committee recommendation................................ \1\497,500,000
\1\Derived by transfer from funding available under section 510 of this
act.
\2\Requested to be derived from funding available under section 510 of
this act.
The Committee's recommendation provides $497,500,000 for
OVW grants. The recommendation is $5,500,000 above the fiscal
year 2018 enacted level and $12,000,000 above the budget
request. Resources are provided to the OVW to respond to the
needs of all victims of domestic violence, sexual assault,
dating violence, and stalking, including, but not limited to,
Native women, immigrants, LGBT victims, college students,
youths, and public housing residents.
The table below displays the Committee's recommendations
for the programs under this office.
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program Recommendation
------------------------------------------------------------------------
STOP Grants.......................................... 215,000
Transitional Housing Assistance...................... 36,000
Research and Evaluation on Violence Against Women.... 3,000
Consolidated Youth Oriented Program.................. 11,000
Grants to Encourage Arrest Policies.................. 53,000
Homicide Reduction Initiative.................... [4,000]
Sexual Assault Victims Services...................... 37,500
Rural Domestic Violence and Child Abuse Enforcement.. 42,000
Violence on College Campuses......................... 20,000
Civil Legal Assistance............................... 45,000
Elder Abuse Grant Program............................ 5,000
Family Civil Justice................................. 16,000
Education and Training for Disabled Female Victims... 6,000
National Center on Workplace Responses............... 1,000
Research on Violence Against Indian Women............ 1,000
Indian Country--Sexual Assault Clearinghouse......... 500
Tribal Special Domestic Violence Criminal 4,000
Jurisdiction........................................
Rape Survivor Child Custody Act...................... 1,500
------------------
TOTAL, Violence Against Women Prevention and 497,500
Prosecution Programs..........................
------------------------------------------------------------------------
STOP Grants.--Within the discretionary budget authority
appropriated, $215,000,000 is for formula grants to the States.
This is equal to the budget request and equal to the fiscal
year 2018 enacted level. The recommendation supports increasing
access to comprehensive legal services for victims, providing
short-term housing assistance and support services for domestic
violence victims, and education and training to end violence
against and abuse of women with disabilities.
Sexual Assault Services Act [SASA].--The Committee's
recommendation provides $37,500,000, which is $2,500,000 above
both the budget request and the fiscal year 2018 enacted level,
to directly fund the needs of sexual assault victims.
As part of VAWA 2005 and reauthorized by VAWA 2013, the
Sexual Assault Services Program addresses considerable gaps in
services to sexual assault victims. The Committee supports a
dedicated stream of funding to provide a broad range of
services to adult and child sexual assault victims and their
families through the well-established and well-regarded system
of community-based rape crisis centers throughout the United
States, and maintains its strong commitment to ensuring that
these rape crisis centers have access to technical assistance,
training, and support.
Protecting VAWA.--The Committee expects the Attorney
General to ensure enforcement of Section 5 of the Justice for
All Reauthorization Act of 2016 (Public Law 114-324) and to
issue guidance making clear that it would be inappropriate to
subject OVW funds to such penalties.
Office of Justice Programs
The OJP is responsible for providing leadership,
coordination, and assistance to its Federal, State, local, and
tribal partners to enhance the effectiveness and efficiency of
the U.S. justice system in preventing, controlling, and
responding to crime. As most of the responsibility for crime
control and prevention falls to law enforcement officers in
States, cities, and other localities, the Federal Government is
effective in these areas only to the extent that it can enter
into successful partnerships with these jurisdictions.
Therefore, OJP is tasked with administering grants; collecting
statistical data and conducting analyses; identifying emerging
criminal justice issues; developing and testing promising and
innovative approaches to address these issues; evaluating
program results; and disseminating these findings and other
information to State, local, and tribal governments. The
Committee directs OJP to submit an annual report on grant
programs that have not received a sufficient number of
qualified applicants.
RESEARCH, EVALUATION AND STATISTICS
Appropriations, 2018.................................... $90,000,000
Budget estimate, 2019................................... 77,000,000
Committee recommendation................................ 90,000,000
The Committee's recommendation provides $90,000,000 for the
Research, Evaluation and Statistics account. The recommendation
is equal to the fiscal year 2018 enacted level and $13,000,000
above the budget request.
Funding in this account provides assistance in the areas of
research, evaluation, statistics, hate crimes, DNA and
forensics, criminal background checks, and gun safety
technology, among others.
The Committee's recommendations are displayed in the
following table:
RESEARCH, EVALUATION AND STATISTICS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program Recommendation
------------------------------------------------------------------------
Bureau of Justice Statistics......................... 48,000
NCS-X Implementation Program..................... [5,000]
National Institute of Justice........................ 42,000
Domestic Radicalization Research................. [4,000]
Research on School Safety........................ [1,000]
Juvenile Online Victimization Survey............. [1,000]
National Center for Restorative Justice.......... [3,000]
------------------
TOTAL, Research Evaluation and Statistics...... 90,000
------------------------------------------------------------------------
Spending Plans.--The Department shall submit to the
Committee as part of its spending plan for State and Local Law
Enforcement Activities a plan for the use of all funding
administered by the National Institute of Justice and the
Bureau of Justice Statistics, respectively, for approval by the
Committee prior to the obligation of any such funds.
Bureau of Justice Statistics [BJS].--The Committee's
recommendation provides $48,000,000 for the BJS. Within the
funds provided, $5,000,000 is provided for the National Crime
Statistics Exchange [NCS-X]. NCS-X will improve the collection
and reporting into the NIBRS, which provides more detailed
criminal data such as officer-related shooting incidents.
National Institute of Justice [NIJ].--The Committee's
recommendation provides $42,000,000 for the NIJ, in addition to
$4,000,000 transferred from the OVW for research and evaluation
on violence against women and Indian women. Within the funds
provided for NIJ, $4,000,000 is provided for domestic
radicalization research. The NIJ's mission is to advance
scientific research, development, and evaluation to advance the
administration of justice and public safety.
National Center on Restorative Justice.--Within the funds
available for the NIJ, the Committee provides $3,000,000 for
NIJ to enter into a partnership with an accredited university
of higher education and/or law school for the purposes of
establishing a National Center on Restorative Justice with the
purpose of educating and training the next generation of
justice leaders. The Center shall also support research
focusing on how best to provide direct services to address
social inequities, such as simultaneous access to substance
abuse treatment and higher education. The Center shall engage
and challenge undergraduate, Master's, and law students, in
conjunction with criminal justice professionals, community
members, educators, and social service providers, at the State,
regional, and national level, aiming to broaden their
understanding of justice systems and restorative approaches
through a degree program, a summer institute, or short courses,
while encouraging access to educational opportunities for
incarcerated individuals.
Impairment Detection Technology.--The Committee is
concerned about the lack of reliable, accurate, and
performance-capable devices and technologies that can be used
by law enforcement in the field to screen and detect the use of
certain drugs, including cannabinoids, opiates, cocaine,
methamphetamine, methadone, and fentanyl. The lack of reliable
technology for such detection has implications for public
safety in terms of ensuring that impaired drivers are not
allowed to remain behind the wheel and to ensure the safety of
law enforcement coming into contact with dangerous and potent
drugs, such as fentanyl. The Committee is aware that NIJ has
previously conducted research in this area in coordination with
National Highway Traffic Safety Administration, the National
Institute of Drug Abuse, the Centers for Disease Control, the
Office of National Drug Control Policy, and the National
Institute of Standards and Technology, among others. That
research, however, has not been updated since 2015, and to
date, no such reliable, broad based technology nor device has
been identified to aid law enforcement in the field. The
Committee directs the NIJ to re-start this initiative, working
in coordination with the same Federal partners and any
additional partners that may be useful to the effort, to
identify and/or develop such devices and technologies. The
Committee further directs the NIJ to report back to the
Committee not later than 180 days after enactment of this act,
and not less than every 6 months thereafter until such time as
technologies are identified and deployed to law enforcement in
the field.
National Juvenile Online Victimization Study.--The National
Juvenile Online Victimization Study [N-JOV], designed to help
law enforcement combat technology-facilitated child
exploitation crimes, has been conducted three times, with the
last study [N-JOV3] conducted in 2009. As access to the
Internet, social media, and other technology has rapidly
advanced in the past decade, the ability to protect children
against online predatory behavior has struggled to keep pace.
The Committee provides $1,000,000 for NIJ to administer a
competitive grant to an accredited research university for an
N-JOV4 study. This study will allow for the identification of
new threats, problems and concerns encountered by law
enforcement in the changing technological environment; improved
tracking and monitoring of new and abating threats; and a
better understanding of which investigative strategies are
associated with more favorable outcomes in protecting children
from online victimization.
Researching School Violence.--The Committee provides
$1,000,000 for NIJ to continue to develop a model and best
practices for comprehensive school safety including identifying
the root causes of violence in schools using the four prior
years of research conducted under the Comprehensive School
Safety Initiative, which funded 100 projects in K-12 schools
aimed at preventing school violence in fiscal years 2014
through 2017. NIJ shall provide a report to the Committee
within one year of enactment of this act on the model and best
practices for schools.
The Committee also directs NIJ to establish metrics to
determine the effectiveness in deterring school violence
through the grants issued by BJA and COPS as part of the STOP
School Violence Initiative. NIJ is directed to provide their
methodology on these metrics within 30 days of enactment of
this act as well as an annual report published on their website
of the success of these grants.
Campus Sexual Assault Prevention Research.--The Committee
directs NIJ to continue Federal research projects at
institutions of higher education on campus sexual assault
prevention interventions and advance the dissemination of best
practices per direction provided in Public Law 115-141.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $1,677,500,000
Budget estimate, 2019................................... 1,132,500,000
Committee recommendation................................ 1,678,500,000
The Committee's recommendation provides $1,678,500,000 for
State and local law enforcement assistance. The recommendation
is $1,000,000 above the fiscal year 2018 enacted level and
$546,000,000 above the budget request.
The Committee's recommendations are displayed in the
following table:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program Recommendation
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants............. 445,000
Officer Robert Wilson III VALOR Initiative....... [12,000]
Smart Policing................................... [10,000]
Smart Prosecution................................ [10,000]
NamUs............................................ [2,400]
Academic Based Training Program to improve Police- [2,500]
Based Responses to People with Mental Illness...
John R. Justice Grant Program................... [2,000]
Prison Rape Prevention and Prosecution........... [15,500]
Kevin and Avonte's Law........................... [2,000]
Regional Law Enforcement Technology Initiative... [3,000]
State Criminal Alien Assistance Program.............. 100,000
Victims of Trafficking Grants........................ 85,000
Capital Litigation and Wrongful Conviction Review.... 5,000
Economic, High-Tech, White Collar, and Cybercrime 15,500
Prevention..........................................
Intellectual Property Enforcement Program........ [2,500]
Digital Investigation Education Program.......... [2,000]
Adam Walsh Act Implementation........................ 20,000
Bulletproof Vests Partnerships....................... 25,000
Transfer to NIST/OLES............................ [1,500]
National Sex Offender Public Website................. 1,000
National Instant Criminal Background Check System 75,000
(NICS) Initiative...................................
NICS Act Record Improvement Program.............. [25,000]
Paul Coverdell Forensic Science...................... 35,000
DNA Initiative....................................... 132,000
Debbie Smith DNA Backlog Grants.................. [121,000]
Kirk Bloodsworth Post-Conviction DNA Testing [7,000]
Grants..........................................
Sexual Assault Forensic Exam Program Grants...... [4,000]
Sexual Assault Kit Initiative [SAKI]................. 50,000
CASA-Special Advocates............................... 12,000
Tribal Assistance.................................... 50,000
Second Chance Act/Offender Reentry................... 90,000
Smart Probation.................................. [6,000]
Children of Incarcerated Parents Demo Grants..... [5,000]
Project HOPE Opportunity Probation with [4,000]
Enforcement.....................................
Pay for Success.................................. [7,500]
Pay for Success (Permanent Supportive Housing [5,000]
Model)..........................................
Anti-Opioid Initiative............................... 360,000
Drug Courts...................................... [80,000]
Mentally Ill Offender Act........................ [32,500]
Residential Substance Abuse Treatment............ [35,000]
Veterans Treatment Courts........................ [22,500]
Prescription Drug Monitoring..................... [30,000]
Comprehensive Opioid Abuse Program............... [160,000]
Justice Reinvestment Initiative...................... 28,000
Keep Young Athletes Safe Act......................... 2,500
Body Worn Camera Partnership Program................. 22,500
STOP School Violence Act............................. 75,000
Project Safe Neighborhoods........................... 50,000
Byrne Criminal Justice Innovation Program........ [20,000]
Gang and Youth Violence Education and Prevention. [5,000]
Community-Based Violence Prevention Initiatives.. [8,000]
------------------
TOTAL, State and Local Law Enforcement 1,678,500
Assistance....................................
------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grant Program.--
The Committee recommends $445,000,000 for Byrne-JAG. Funding is
not available for luxury items, real estate, or construction
projects. The Department should expect State, local, and tribal
governments to target funding to programs and activities that
conform with evidence-based strategic plans developed through
broad stakeholder involvement. The Committee directs the
Department to make technical assistance available to State,
local, and tribal governments for the development or update of
such plans. Funding is authorized for law enforcement programs
including those that promote data interoperability between
disparate law enforcement entities; prosecution and court
programs; prevention and education programs; corrections
programs; drug treatment and enforcement programs; planning,
evaluation, and technology improvement programs; and crime
victim and witness programs, other than compensation.
Smart Prosecution.--State and local prosecutors are
involved in more than 90 percent of all criminal prosecutions
in the United States. Unfortunately, throughout much of the
country, local prosecutors' offices are struggling to
effectively adjust to the growing amount of evidence and the
subsequent intricacies of investigation and prosecution of
crimes, particularly cyber, organized, and drug crimes, that
have come with the digital age. The Committee supports the use
of technology, intelligence, and data analytics in innovative
ways that enable prosecutors to focus resources on the people
and places associated with high concentrations of criminal
activity. The Committee directs that OJP dedicate up to
$5,000,000 of the $10,000,000 provided for Smart Prosecution
for competitive grants focused on new solutions to public
safety concerns, including the use of technology, intelligence,
and data analytics to improve the operations of prosecutors'
offices in an effort to more efficiently and effectively aid
communities in achieving a reduction in crime.
Regional Law Enforcement Technology Initiative.--The
Committee recognizes that the ability of local law enforcement
to efficiently gather, analyze, and disseminate pertinent
information is critical to investigating, reporting, and
responding to crimes and suspicious activity in communities.
The Committee believes that a technology initiative focused on
leveraging local and regional law enforcement partnerships and
enabling a secure method for the sharing of sensitive law
enforcement information and resources is vital to the long-term
success of our law enforcement personnel and the safety of our
citizens. This initiative could be accomplished through various
models, including fusion centers, task forces, or centers of
excellence.
The Committee believes that among locations in the United
States, law enforcement operating in the five States comprising
the Gulf Coast is well situated to serve as a testbed for such
an initiative and has provided not less than $3,000,000 for
competitive grants to local government entities, including
local law enforcement agencies, to develop such an initiative,
for the purposes of efficiently supporting and promoting the
exchange of information, investigate techniques, and best
practices with the ultimate goal of reducing crime and
improving officer safety in these communities. The Committee
further directs the Department to ensure that the grantee
submit a written report on the use of the grant funds, lessons
learned, and how such an initiative could be utilized by other
law enforcement agencies nationwide.
VALOR Initiative.--The Committee's recommendation provides
$12,000,000 within Byrne-JAG for the Officer Robert Wilson III
Preventing Violence Against Law Enforcement Officer Resilience
and Survivability Initiative [VALOR]. The Committee expects
Federal law enforcement agencies to continue and expand on
efforts to provide local police with information as to whether
or not a suspect has a violent history, to the extent that
transfer of such information is allowable and available via
Federal law enforcement databases, in an effort to prevent
officer deaths. The Committee notes that an additional
$10,000,000 is provided under the COPS heading for Protecting
Our Lives by Initiating COPS Expansion [POLICE] Act (Public Law
114-199) programs which help to provide active shooter training
programs for State and local law enforcement officers.
Kevin and Avonte's Law.--The Committee provides funding of
$2,000,000 for competitive grants awarded to non-profit and
State and local entities to prevent wandering and locate
missing individuals with forms of dementia, such as Alzheimer's
Disease, or developmental disabilities, such as autism as
described in the underlying authorization of division Q of
Public Law 115-141.
Prison Rape Elimination Act [PREA] Audit Quality
Initiative.--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 using the necessary resources
to carry out this work.
Fentanyl Detection.--The Committee is aware of far too many
incidents of first responders experiencing accidental overdoses
after coming into contact with fentanyl or fentanyl analogues
and understands the role played by fentanyl detection equipment
and training on identifying fentanyl, particularly for police
officers and other first responders, to keep officers safe by
minimizing exposure. As such, the Committee encourages the
Department to support the use of grant funds like Byrne-JAG for
the purchase of fentanyl detection equipment and training as
well as naloxone distribution for law enforcement safety.
Academic-Based Training Center to improve Police-Based
Responses to People with Mental Illness.--The Committee
understands that law enforcement officers are often the first
responders to calls regarding individuals with mental illnesses
and often encounter mentally ill individuals while completing
their routine patrol duties. The Committee recognizes the need
for support and training so that law enforcement officers and
other first responders are better equipped to handle such
encounters and help provide appropriate treatment as well as
reduce the number of individuals entering the legal system.
The Committee recommends $2,500,000 for a grant program
implementing academic-based, transdisciplinary crisis
intervention training to educate, train, and prepare officers
so that they are equipped to appropriately interact with
mentally ill individuals in the course of completing their job
responsibilities. This training should be developed by an
institution of higher education, in conjunction with health
care professionals to provide crisis intervention training
which shall focus on understanding mental and behavioral
health, developing empathy, navigating community resources, de-
escalation skills and practical application training for all
first responders. The Committee expects this grant program to
serve as a pilot program, establishing best practices for law
enforcement agencies.
Gunfire Detection Technology.--Gunfire detection and
location technology has been helpful in assisting law
enforcement to rapidly respond to gun crime and analyze
physical evidence found at the scene. The Committee encourages
the Department to work with State and local governments to
assist in the further deployment of such technologies, and to
collect and analyze data from such systems in order to better
address gun related crimes.
National Instant Criminal Background Check System [NICS]
Initiative Grants.--The Committee funds the program at
$75,000,000, which is $14,000,000 above the budget request, to
continue to improve the submission of State criminal and mental
health records to NICS. This investment will strengthen the
national background check system by assisting States in finding
ways to make more records available in the NICS system,
especially mental health records, thereby addressing gaps in
Federal and State records currently available in NICS. Those
gaps significantly hinder the ability of NICS to quickly
confirm whether a prospective purchaser is prohibited from
acquiring a firearm. The Committee expects OJP to track whether
grant recipients are submitting data in a timely manner into
the NICS system.
Project Safe Neighborhoods [PSN].--The Committee's
recommendation includes $50,000,000 for PSN, the full,
authorized level for this grant program. As referenced in bill
language, the Senate passed amendment to the underlying
authorization funded several purpose areas. Therefore, the
Committee recommendation includes $20,000,000 for the Byrne
Criminal Justice Innovation Program, $5,000,000 for the Gang
and Youth Violence Education and Prevention Program and
$8,000,000 for Community-Based Violence Prevention Initiatives.
The remaining funds shall be distributed per the block grant
authorization.
The Committee encourages OJP to use PSN funds to support
evidence-based and data-driven focused intervention,
deterrence, and prevention initiatives that aim to reduce
violence. These initiatives should be trauma-informed,
recognizing that people who are at risk of committing violence
often themselves have been victims of violent trauma or have
witnessed traumatic experiences in the past.
Grants to Combat Human Trafficking.--The Committee's
recommendation provides $85,000,000 for services and task force
activities for U.S. citizens, permanent residents, and foreign
nationals who are victims of trafficking, as authorized by
Public Law 106-386 and amended by Public Law 113-4, of which no
less than $22,000,000 is for the Enhanced Collaborative Model
to Combat Human Trafficking Task Force Program. The Committee
urges that human trafficking task forces funded under this
grant program take affirmative measures to emphasize the
investigation and prosecution of persons who patronize or
solicit children for sex as a human trafficking demand
reduction strategy. OJP shall consult with stakeholder groups
in determining the overall allocation of Victims of Trafficking
funding and shall provide a plan to the Committee for the use
of these funds as part of the Department's fiscal year 2019
spending plan.
The Committee notes that funding provided in this program
may be used for victims of sex and labor trafficking who are
minors, as authorized under VAWA 2013. Child trafficking
victims require specialized care, and these resources can be
used for items like residential care, emergency social
services, mental health counseling, and legal services. This
funding level also includes $10,000,000 for the Minor Victims
of Trafficking Grant program, of which $8,000,000 is for victim
services grants for sex-trafficked minors, as authorized by
Public Law 113-4, with the remaining $2,000,000 for victim
services grants for labor-trafficked minors. The Committee
encourages OJP to give an affirmative preference to applicants
for grants that treat minors engaged in commercial sex acts as
victims of a severe form of trafficking in persons, and
discourages the charging of such individuals for prostitution
or a sex trafficking offense. The Committee encourages DOJ to
work in close coordination with the Department of Health and
Human Services to encourage collaboration and reduce
duplication of effort.
Capital Litigation Improvement and Wrongful Conviction
Review.--The Committee recognizes the need for legal
representation and investigation services for individuals with
post-conviction claims of innocence. The Committee directs that
at least 50 percent of the $5,000,000 appropriated to the
Capital Litigation Improvement and Wrongful Conviction Review
grant programs shall be used to support Wrongful Conviction
Review grantees providing high quality and efficient post-
conviction representation for defendants in post-conviction
claims of innocence. Wrongful Conviction Review grantees shall
be nonprofit organizations, institutions of higher education,
and/or state or local public defender offices that have in-
house post-conviction representation programs that show
demonstrable experience and competence in litigating post-
conviction claims of innocence. To avoid any possible conflicts
of interest, the Committee directs that the requirement of
partnership with a state or local prosecutor's office and an
organization or entity dedicated to ensuring just convictions
and/or acquittals be discontinued. Grant funds shall support
grantee provision of post-conviction legal representation of
innocence claims; case review, evaluation, and management;
experts; potentially exonerative forensic testing; and
investigation services related to supporting these post-
conviction innocence claims.
Bulletproof Vests.--Within the $25,000,000 provided for
bulletproof vests, $1,500,000 is to be transferred directly to
the NIST Office of Law Enforcement Standards [OLES] to continue
supporting ballistic- and stab-resistant material compliance
testing programs. The Committee expects the BJA to continue
strengthening internal controls to manage the Bulletproof Vest
Partnership program. Improving grantee accountability in the
timely use of Federal funds to purchase body armor will help
every police officer who needs a vest to get one, thus saving
officers' lives.
Second Chance Act Grants and Drug Treatment.--The
recommendation provides $90,000,000 for Second Chance Act [SCA]
grants. The Committee expects that SCA funding will support
grants that foster the implementation of strategies that have
been proven to reduce recidivism and ensure safe and successful
reentry back to their communities of adults released from
prisons and jails. The SCA supports activities such as
employment assistance, substance abuse treatment including MAT
options, housing, local transportation, mentoring, family
programming, and victim support. SCA grants will also support
demonstration projects designed to test the impact of new
strategies and frameworks.
The Committee continues to support the Office of Management
and Budget's scoring mechanism for SCA grant funding as it
relates to opioid abuse and the heroin epidemic. In addition,
when awarding SCA grants, the Committee directs the OJP to
consider the impact of reentry of prisoners on communities in
which a disproportionate number of individuals reside upon
release from incarceration. The OJP shall assess the reentry
burdens borne by local communities and local law enforcement
agencies; review the resources available in such communities to
support successful reentry and the extent to which those
resources are used effectively; and make recommendations to
strengthen the resources in such communities which are
available to support successful reentry and to lessen the
burden placed on such communities by the need to support
reentry.
DNA Backlog and Crime Lab Improvements.--The Committee is
once again extremely disappointed that the Department's budget
request slashes funding by $25,000,000 for critical grant
programs to help State and local agencies address their
backlogs and test forensic evidence. The Committee continues
its strong support for DNA backlog and crime lab improvements
by recommending $132,000,000 to strengthen and improve Federal
and State DNA collection and analysis systems that can be used
to accelerate the prosecution of the guilty while
simultaneously protecting the innocent from wrongful
prosecution. Within funds provided, $121,000,000 is for Debbie
Smith DNA Backlog Reduction grants, $7,000,000 is for Kirk
Bloodsworth Post-Conviction DNA Testing grants, and $4,000,000
is for Sexual Assault Nurse Examiners grants.
The Committee expects that the OJP will make funding for
DNA analysis and capacity enhancement a priority in order to
meet the purposes of the Debbie Smith DNA Backlog Grant
Program. The Committee directs the Department to submit to the
Committee as part of its spending plan for State and Local Law
Enforcement Activities a plan with respect to funds
appropriated for DNA-related and forensic programs, including
the alignment of appropriated funds with the authorized
purposes of the Debbie Smith DNA Backlog Grant Program.
Enforcing the Debbie Smith Act.--The Justice for All
Reauthorization Act of 2016 (Public Law 114-324) clarified that
not less than 75 percent of amounts made available under this
provision shall be provided for grants for activities described
under paragraphs (1), (2), and (3) of section (2)(a) of the DNA
Analysis and Backlog Elimination Act of 2000 (42 U.S.C.
14135(a)). This 75 percent requirement had previously been
codified by Congress and the President as part of the Sexual
Assault Forensic Evidence Reporting Act of 2013, which was
enacted as Title X of the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4). Though this
provision has been codified for more than 4 years, NIJ has
failed to recognize it as binding. With the enactment of
section 3 of the Justice for All Reauthorization Act of 2016,
Congress has made its intent clear. The Committee therefore
instructs the Attorney General to ensure that not less than 75
percent of the funds provided under this provision are provided
to states and units of local government through grants to
address the DNA crime scene evidence backlog.
Sexual Assault Kit Initiative [SAKI].--The Committee's
recommendation includes $50,000,000 to continue a competitive
grant program started in fiscal year 2015 as part of the
initiative to reduce the backlog of rape kits at law
enforcement agencies. The NIJ shall provide competitively
awarded grants with a comprehensive community-based approach to
addressing the resolution of cases in the backlog. The
Committee directs the NIJ to provide a report not later than 90
days after enactment of this act on its progress in developing
a strategy and model to serve as best practices for discovering
and testing kits, training law enforcement, and supporting
victims throughout the process as required by Public Law 113-
235.
Sexual Assault Forensic Evidence Reporting Act [SAFER].--
The SAFER Act was included as title X of the Violence Against
Women Act of 2013 (Public Law 113-4) and was reauthorized by
the SAFER Act of 2017 (Public Law 115-107). The Act authorized
the Attorney General to make grants for the purpose of helping
State and local law enforcement agencies conduct audits of the
rape kit backlog. In 2016, the Department fully implemented the
SAFER Act by providing grants for such a purpose under the
Sexual Assault Forensic Evidence-Inventory, Tracking, and
Reporting Program. The Committee strongly encourages the
continuation of this important program to deliver justice for
victims of sexual assault.
Paul Coverdell Forensic Science.--The recommendation
provides a total of $35,000,000 of which $17,000,000 is to
specifically target the challenges the opioid epidemic has
brought to the forensics community as described in the
Explanatory Statement accompanying Public Law 115-141.
Economic, High-Tech, White Collar, and Cybercrime
Prevention.--The Committee recommends $15,500,000 to assist
State and local law enforcement agencies in the prevention,
investigation, and prosecution of economic, high-tech, and
Internet crimes. Given the importance of protecting our
Nation's new technologies, ideas, and products, the Committee
includes the request of $2,500,000 for competitive grants that
help State and local law enforcement tackle intellectual
property [IP] thefts, such as counterfeiting and piracy.
Additionally, the Committee recognizes the need to expand
opportunities for computer and digital forensics education at
both the undergraduate and graduate levels in order to prepare
for these challenges. To meet this need, $2,000,000 shall be
dedicated for a separate competitive grant program to expand a
partnership with an institution for higher learning for the
purposes of furthering educational opportunities for students
training in computer forensics and digital investigation.
Office of Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking [SMART Office].--The
Committee supports the work being done by the SMART Office to
provide technical assistance to State, local, and tribal
governments on sex offender registration and notification, but
understands that current notification and reporting tools and
practices may not be reaching all appropriate law enforcement
agencies in a timely manner. The Committee directs the
Government Office of Accountability to perform a study
examining what technological efficiencies are needed within the
SMART Office, including whether sex offender notifications are
timely and effective. The Committee looks forward to reviewing
this report within 90 days of enactment.
Keeping Young Athletes Safe Act.--The Committee again
provides funding of $2,500,000 for a competitive grant program
to safeguard young athletes against abuse, including emotional,
physical, and sexual abuse, in sports. The Committee directs
that funding be prioritized for curriculum development and
training for abuse prevention education in youth athletic
programs and for investigation and resolution of sexual abuse
claims. OJP is directed to submit a report no later than 90
days after enactment of this act describing how grant funding
was used by the grantees by purpose area for the prior fiscal
year, the number of trainings provided, the number of claims
investigated, and the number of investigations referred to law
enforcement for prosecution.
Comprehensive Addiction and Recovery Act [CARA] Programs.--
The Committee provides a total of $360,000,000 for CARA
programs, including $80,000,000 for drug courts; $22,500,000
for veterans treatment courts; $35,000,000 for Residential
Substance Abuse Treatment including access to MAT options;
$30,000,000 for prescription drug monitoring; $32,500,000 for
the Mentally Ill Offender Act; and $160,000,000 for the
Comprehensive Opioid Abuse Program [COAP].
The Committee directs that funding for COAP programs is
focused on prevention and education efforts, effective
responses to those affected by substance abuse, and services
for treatment and recovery from addiction. The Committee
encourages the Department to prioritize grant funding in States
with high per capita opioid overdose death rates to ensure that
efforts are focused where they are needed the most. Of the
$160,000,000 for COAP, no less than $5,000,000 shall be made
available for additional replication sites employing the Law
Enforcement Assisted Diversion [LEAD] model, with applicants
demonstrating a plan for sustainability of LEAD-model diversion
programs; no less than $5,000,000 shall be made available for
education and prevention programs to connect law enforcement
agencies with K-12 students; and no less than $10,000,000 shall
be made available for embedding social services with law
enforcement in order to rapidly respond to opioid overdoses
where children are impacted.
The Committee supports specialized residential substance
abuse treatment programs for inmates with co-occurring mental
health and substance abuse disorders or challenges. Given the
strong nexus between substance abuse and mental illness in our
prisons and jails, the Committee encourages the Attorney
General to ensure that funds provided for residential substance
abuse treatment for state prisoners are being used to treat
underlying mental health disorders in addition to substance
abuse disorders.
The Committee recognizes the importance of drug courts and
the vital role that they serve in reducing crime among people
with a substance use or mental health disorder. In recent
years, drug courts have been on the front lines of the opioid
epidemic and have become important resources for law
enforcement and other community stakeholders affected by opioid
addiction. The Committee supports the ability of drug courts to
address offenders with co-occurring substance abuse and mental
health problems, and supports court ordered assisted outpatient
treatment programs for individuals struggling with mental
illness. Within the funding provided for drug courts, the
Committee encourages OJP to give attention to States and
localities that have the highest concentrations of opioid-
related cases, and to prioritize assistance to underserved
areas whose criminal defendants currently have relatively
little opportunity to access drug courts. The Committee
encourages OJP to coordinate, as appropriate, with other
Federal agencies like the Department of Health and Human
Services, as it implements these activities in order to avoid
duplication.
Finally, the Committee recognizes that the 21st Century
CURES Act authorized the funding of Forensic Assertive
Community Treatment [FACT] Initiatives as part of the adult and
juvenile collaboration program grants. The Committee encourages
OJP to make funding available for FACT Initiatives within these
programs.
JUVENILE JUSTICE PROGRAMS
Appropriations, 2018.................................... $282,500,000
Budget estimate, 2019................................... 229,500,000
Committee recommendation................................ 297,000,000
The Committee's recommendation provides $297,000,000 for
juvenile justice programs. The recommendation is $14,500,000
above the fiscal year 2018 enacted level and $67,500,000 above
the budget request.
The Committee strongly supports a comprehensive approach of
substantial funding for a robust portfolio of programs that
work to improve the lives of the youth in our communities.
Title II State Formula and title V juvenile delinquency
prevention grants are the backbone of programs assisting State
and local agencies to prevent juvenile delinquency and ensure
that youth who are in contact with the juvenile justice system
are treated fairly. Combined with other critical programs like
youth mentoring, the Committee believes that a balanced level
of programming is the way to best help at-risk and vulnerable
youth and their families.
The Committee's recommendations are displayed in the
following table:
JUVENILE JUSTICE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program Recommendation
------------------------------------------------------------------------
Part B--State Formula Grants......................... 66,000
Emergency Planning-Juvenile Detention Facilities. [500]
Youth Mentoring Grants............................... 94,000
Title V--Delinquency Prevention Incentive Grants..... 30,500
Tribal Youth..................................... [7,000]
Children of Incarcerated Parents Web Portal...... [500]
Girls in Justice System.......................... [2,000]
Opioid Affected Youth Initiative................. [10,000]
Children Exposed to Violence..................... [11,000]
Victims of Child Abuse Programs...................... 25,000
Missing & Exploited Children Programs................ 76,000
Training for Judicial Personnel...................... 3,500
Improving Juvenile Indigent Defense.................. 2,000
------------------
TOTAL, Juvenile Justice........................ 297,000
------------------------------------------------------------------------
Any deviation from the above plan is subject to the
reprogramming requirements of section 505 of this act.
Part B: State Formula Grants.--The Committee provides
$66,000,000 for grants to implement comprehensive State
juvenile justice plans, including community-based prevention
and intervention programs and activities for juvenile
offenders. This amount is $6,000,000 above the fiscal year 2018
enacted level and $8,000,000 above the budget request.
Within the amount provided, the Committee recommends
$500,000 for competitive demonstration grants for State, local,
and tribal juvenile justice detention facilities and systems to
meet the needs of children and adolescents housed in detention
facilities in preparation for, during, and after a disaster, as
detailed in the 2011 emergency planning guidance issued by the
Office of Juvenile Justice and Delinquency Prevention [OJJDP].
The Committee directs the OJP to submit as part of its
spending plan for State and Local Law Enforcement Activities a
plan for the administration of Part B State Formula Grants. The
Committee expects this plan to include details pertaining to
the formulas utilized in awarding grants under this heading.
The Committee urges DOJ to encourage title II grant
recipients to coordinate with their State education agencies to
support continuity of education opportunities for adjudicated
youth and encourages the Department to continue its efforts to
institute reforms to ensure States' compliance with the Title
II core requirements. The Department shall report to the
Committee on these efforts 60 days after enactment.
Youth Mentoring Grants.--To support the critical work of
national, regional, and local organizations in nurturing and
mentoring at-risk children and youth, the Committee recommends
$94,000,000 for competitive, peer-reviewed youth mentoring
grants, of which $14,000,000 is for helping youth impacted by
opioids. Within 45 days of enactment of this act, the OJP is
directed to provide a report and spend plan to the Committee
detailing the criteria and methodology that will be used to
award these grants, as well as an explanation of any deviations
from the criteria and Committee directions used in fiscal year
2018. The Committee expects that the OJJDP will take all steps
necessary to ensure fairness and objectivity in the award of
these and future competitive grants.
Helping Youth Impacted by Opioids.--The recommendation
provides $25,500,000 in OJJDP grant funding to support States,
local communities, and tribal jurisdictions in their efforts to
develop and implement effective programs for children, youth,
and at-risk juveniles and their families who have been impacted
by the opioid crisis and drug addiction. Within this amount,
$10,000,000 is provided to continue the Opioid Affected Youth
Initiative within Title V: Delinquency Prevention grants,
$14,000,000 is provided for youth mentoring grants, and the
increase of $1,500,000 for Training for Judicial Personnel
shall be dedicated for specialized training for juvenile and
family court judges on handling families impacted by opioids
including additional pressures on youth in foster care.
Preventing Trafficking of Girls and Involvement in the
Juvenile Justice System.--Girls in the United States with a
history of sexual and physical abuse, school failure, substance
dependency, and involvement in the welfare system, and who live
in impoverished communities or are homeless, are at an
increased risk of becoming victims of domestic human
trafficking. The Committee provides $2,000,000 for the ``Girls
in the Justice System'' grant program, which will enable
organizations, including nonprofit entities, with a successful
track record of administering prevention and early intervention
programs for girls vulnerable to trafficking and who are most
likely to end up in the juvenile justice system, at a local or
state-level, to replicate these programs at a national level.
Funding for this program will further support prevention and
early intervention strategies and curricula throughout the
country, and place vulnerable girls on a path toward success,
stability, and long-term contribution to society.
Children Exposed to Violence.--The Committee notes that
nearly two-thirds of children in the U.S. have been exposed to
violence, which can impact development, health, and educational
outcomes, and perpetuate the cycle of violence and substance
abuse. The Committee provides $11,000,000 for grants to help
communities reduce crime and violence against children through
support to State agencies and law enforcement entities
including training and technical assistance to better serve
youth exposed to violence.
Victims of Child Abuse Act.--The Committee's recommendation
provides $25,000,000 for the various programs authorized under
the Victims of Child Abuse Act (Public Law 101-647) and directs
OJJDP to ensure that not less than 90 percent of the grants
awarded are for the purposes of developing and maintaining
child advocacy centers [CAC], including training and
accreditation. The Committee further directs OJJDP to ensure
that these funds are used efficiently in order to ensure the
highest percentage possible of Federal funding is used for
actual services to victims of child abuse. Within the funds
provided, $5,000,000 shall be for Regional Children's Advocacy
Centers [RCACs] Programs. The RCACs were established to provide
information, consultation, training, and technical assistance
to communities, and to help establish child-focused programs
that facilitate and support coordination among agencies
responding to child abuse.
The Committee continues to support efforts by CACs to use
their unique model and expertise to help military installations
address cases of child abuse, and again provides $1,000,000
from within the funds provided to continue to support a pilot
project to identify, develop, and operationalize best
practices. As this effort has been funded since fiscal year
2017, the Committee directs OJJDP to report on the status of
this pilot including the locations of CACs and military
installations working together, the number of children served
through these partnerships, and lessons learned from this pilot
program.
Missing and Exploited Children Programs.--The Committee
recommends $76,000,000 for Missing and Exploited Children
Programs and expects the Department to allocate no less than
the current funding level for task force grants, training and
technical assistance, research and statistics, and
administrative costs for the Internet Crimes Against Children
[ICAC] program. The Committee directs OJP to provide a spending
plan for the use of these funds as part of the Department's
spending plan for fiscal year 2019, which shall include only
investments in authorized national programs that serve as a
resource center and clearinghouse on missing and exploited
children.
Within funds provided, the Committee again directs up to
$3,000,000 for a competitive grant program to increase the
technological investigative capacity and associated training of
law enforcement to support the development, refinement, and
advancement of widely used investigative tools, methods, and
technologies that address child pornography, exploitation, and
sex trafficking as directed in Senate Report 115-139 and
codified in Public Law 115-141.
Within the funds provided, the Committee recommends no less
than $2,400,000 for the operation and activities of the
existing AMBER Alert program. The Department is further
directed to provide assistance to tribes as authorized under
the Ashlynne Mike AMBER Alert in Indian Country Act (Public Law
115-166) allowing the integration of state AMBER Alert
communication plans with tribal systems.
National Endangered Missing Advisory Communications.--The
Committee recognizes that the AMBER Alert system has succeeded
beyond all expectations, and is credited with directly aiding
the safe recovery of approximately 75 children every year.
Because immediate public notification is critical in missing
child cases and not all cases meet the specific criteria
established under the AMBER Alert system, the Committee
encourages the Department to explore the establishment of a
national endangered missing advisory communications network
that would enable immediate public notification for missing
child cases who may be in danger of death or serious bodily
injury regardless of evidence of abduction. The Department is
requested to report to the Committee within 90 days of
enactment of this act the best way to include these nationwide
endangered public notifications into existing infrastructure or
if a new system is needed, estimated costs for this type of
system, and what other Federal, State and local partners are
required to successfully operate such a system.
PUBLIC SAFETY OFFICERS BENEFITS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $116,800,000
Budget estimate, 2019................................... 120,300,000
Committee recommendation................................ 128,800,000
The Committee's recommendation provides $128,800,000 for
public safety officers benefits. The recommendation is
$12,000,000 above the fiscal year 2018 enacted level and
$8,500,000 above the budget estimate. This program provides a
one-time death benefit payment to eligible survivors of
Federal, State, and local public safety officers whose death
was the direct and proximate result of a traumatic injury
sustained in the line of duty or certain eligible heart attacks
or strokes. Within funds provided, $104,000,000 is for death
benefits for survivors, an amount estimated by the
Congressional Budget Office and considered mandatory for
scorekeeping purposes.
The Committee also recommends $24,800,000, as requested,
for disability benefits for injured officers and education
benefits for the families of officers who have been permanently
disabled or killed in the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
Appropriations, 2018.................................... $275,500,000
Budget estimate, 2019...................................................
Committee recommendation................................ 310,000,000
The Committee's recommendation provides $310,000,000 for
community oriented policing services. The recommendation is
$34,500,000 above the fiscal year 2018 enacted level and
$310,000,000 above the budget request.
The Committee's recommendations are displayed in the
following table:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program Recommendation
------------------------------------------------------------------------
COPS Hiring Grants................................... 235,000
Tribal Resources Grant Program................... [27,000]
Tribal Access Program............................ [3,000]
Community Policing Development/Training and [10,000]
Technical Assistance............................
Regional Information Sharing Activities.......... [37,000]
Law Enforcement Mental Health and Wellness Act... [2,000]
POLICE Act........................................... 10,000
Anti-Methamphetamine Task Forces..................... 8,000
Anti-Heroin Task Forces.............................. 32,000
STOP School Violence Act............................. 25,000
------------------
TOTAL, Community Oriented Policing Services.... 310,000
------------------------------------------------------------------------
Any deviations from the above plan are subject to the
reprogramming requirements of section 505.
COPS Hiring Program.--The Committee recommends $235,000,000
for COPS Hiring grants to help State, local, or tribal law
enforcement agencies to create and preserve police officer
positions and to increase community policing capacity and crime
prevention efforts. Grants will have an award cap of $125,000
and require grantees to provide a 25 percent local match. The
Committee encourages the COPS Office to focus on efforts to
train and increase the capacity of law enforcement agencies,
executives and managers serving rural communities to enhance
the use of community policing practices and innovations in
policing to expand the effectiveness of limited resources.
Regional Information Sharing Activities.--The Committee
recommends $37,000,000, an increase of $27,000,000 above the
budget request and $1,000,000 above the fiscal year 2018
enacted level, to support activities that enable the sharing of
nationwide criminal intelligence and other resources with
State, local, and other law enforcement agencies and
organizations. Such activities should address critical and
chronic criminal threats, including gangs, terrorism,
narcotics, weapons and officer safety or ``event
deconfliction,'' and should reflect regional as well as
national threat priorities. In addition, funds shall be
available to support local-to-local law enforcement data and
information sharing efforts focused on solving routine crimes
by sharing law enforcement information not categorized as
criminal intelligence. All activities shall be consistent with
national information-sharing standards and requirements as
determined by the BJA.
Anti-Methamphetamine Task Forces.--The Committee's
recommendation provides $8,000,000 for the COPS Office to make
competitive grants to law enforcement agencies in States with
high seizures of precursor chemicals, finished methamphetamine,
laboratories, and laboratory dump seizures. These funds shall
be utilized for investigative purposes to locate or investigate
illicit activities such as precursor diversion, laboratories,
or methamphetamine traffickers.
Anti-Heroin Task Forces.--The Committee reiterates concerns
over the dramatic rise of heroin abuse, deaths, and related
crime in the United States. The need for additional resources
and training to address these challenges is apparent, and the
Committee created the anti-heroin program within the COPS
Office in fiscal year 2015, continually providing funding in
succeeding fiscal years. Despite the plea for additional
resources from law enforcement as well as the interest of the
Committee, the Department again proposes to eliminate this
program as part of the fiscal year 2019 budget request.
Instead, the Committee provides $32,000,000 for the COPS Office
to make competitive grants to law enforcement agencies in
States with high per capita levels of primary treatment
admissions for both heroin and other opioids. These funds shall
be utilized for drug enforcement, including investigations and
activities related to the distribution of heroin or unlawful
diversion and distribution of prescription opioids. Priority
shall be given to those drug task forces, managed and operated
by the State, serving a majority of counties in the State.
School Resource Officers.--The Committee directs that the
COPS Office continue to implement requirements and procedures
regarding written memorandum of understanding and training
requirements, including clear definitions of officers' roles
and responsibilities on campus, for any COPS Hiring Grant funds
used to hire school-based law enforcement officers.
Policing Practices and Accountability Initiative.--The
Committee supports the COPS Office's efforts to integrate the
Task Force on 21st Century Policing recommendations and urges
the Policing Practices and Accountability Initiative to
continue its work across Department of Justice programs and
agencies to provide support and best practices for law
enforcement agencies working to address issues of public trust.
Leadership Training.--The Committee believes that
comprehensive, career-long leadership education and development
for all local law enforcement officers, from newly sworn
officers to those with command level experience, remains
critical to reduce crime, control emergent situations, decrease
liability and risk, and strengthen relationships between law
enforcement agencies and the communities they serve. The
Committee encourages the Department to develop a multi-year
strategy to build local problem-solving capacity with law
enforcement via ethical leadership development, which may
include an online learning system that could be matched with
existing training programs.
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the following general provisions:
Section 201 limits the amount of funding the Attorney
General can use for official reception and representation.
Section 202 prohibits the use of funds in this title to pay
for an abortion except where the life of the mother would be in
danger, or in the case of rape or incest.
Section 203 prohibits the use of funds in this title to
require a person to perform or facilitate an abortion.
Section 204 requires female prisoners to be escorted when
off prison grounds.
Section 205 allows the Department of Justice, subject to
the Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation.
Section 206 limits the placement of maximum or high
security prisoners to appropriately secure facilities.
Section 207 restricts Federal prisoner access to certain
amenities.
Section 208 requires review by the Deputy Attorney General
and the Department's Investigative Review Board prior to the
obligation or expenditure of funds for major technology
projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for OMB Circular A-
76 competitions for work performed by employees of the Bureau
of Prisons or of the Federal Prison Industries, Incorporated.
Section 211 prohibits U.S. Attorneys from simultaneously
holding multiple jobs outside of the scope of a U.S. Attorney's
professional duties.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
assistance, and permits up to 2 percent of grant and
reimbursement program funds made available to that office to be
transferred to the National Institute of Justice or the Bureau
of Justice Statistics for criminal justice research and
statistics.
Section 213 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, tribal and
local reentry courts; and drug treatment programs. If a waiver
is granted, the Attorney General shall document any factors and
material presented by a grantee upon determining that a fiscal
hardship exists prior to making an award.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 permits the Department of Justice to
participate in Performance Partnership Pilot collaboration
programs.
TITLE III
SCIENCE
Office of Science and Technology Policy
Appropriations, 2018.................................... $5,544,000
Budget estimate, 2019................................... 5,544,000
Committee recommendation................................ 5,544,000
The Committee's recommendation provides $5,544,000 for the
Office of Science and Technology Policy [OSTP]. The
recommendation is the same as both the fiscal year 2018 enacted
level and the budget request.
OSTP was created by the National Science and Technology
Policy, Organization, and Priorities Act of 1976 (Public Law
94-282) and coordinates science and technology policy for the
White House. OSTP provides scientific and technological
information, analyses, and advice for the President and the
executive branch; participates in the formulation,
coordination, and implementation of national and international
policies and programs that involve science and technology;
maintains and promotes the health and vitality of U.S. science
and technology infrastructure; reviews and analyzes, with the
Office of Management and Budget, the research and development
budgets for all Federal agencies; and coordinates research and
development efforts of the Federal Government to maximize the
return on the public's investment in science and technology and
to ensure Federal resources are used efficiently and
appropriately.
Scientific Review.--The Committee maintains a firm belief
that long-standing investments in basic research have resulted
in transformational discoveries and dramatic improvements in
the economy, healthcare, infrastructure, communications,
national security, and many other sectors. Much of this success
can be attributed to the process of peer review for the
allocation of research funding and publication, and on
community prioritization, such as through decadal surveys,
which provide clear priorities for Federal investment and
valuable oversight benchmarks. The Committee directs OSTP to
ensure Federal science agencies continue to rely on peer review
and prioritization efforts from the scientific community.
Open Access to Federal Research.--The Committee has
received reports by OSTP on the progress of all Federal
agencies in developing and implementing policies to increase
public access to federally funded scientific research. The
Committee is pleased by the progress, but previously instructed
OSTP to have all relevant departments' and agencies' plans
approved by the end of calendar year 2014 with implementation
occurring by early calendar year 2018. OSTP is directed to
continue providing annual reports to the Committee in order to
keep Congress apprised of the remaining progress needed to make
federally funded research accessible to the public as
expeditiously as possible.
Science, Technology, Engineering, and Mathematics
Education.--The Committee continues to support effective
mission-oriented science, technology, engineering, and
mathematics [STEM] education programs at NASA, NOAA, NSF, and
NIST within this bill, and encourages OSTP to work with non-
Federal education and outreach communities.
Emerging Contaminants.--Emerging contaminants are
increasingly being detected at low levels in drinking water
systems across the country. Prolonged exposure to unregulated
drinking water contaminants may pose human health risks, and
the lack of research on potential health effects has hindered
Federal and State efforts to develop and strengthen the
effectiveness of drinking water advisories or standards for
these materials. The OSTP Director shall continue efforts to
address critical research gaps related to emerging
contaminants.
Research on the Great Lakes Resources.--The Committee notes
that the Great Lakes resources represent a unique, linked, and
economically-critical freshwater ecosystem that faces
significant environmental challenges, including invasive
species, runoff, and HABs, and believes its long-term health
depends on the quality of scientific knowledge and technical
and policy solutions gained by research operations. The
Committee is concerned that the vessels of the Great Lakes
ecosystem Federal research fleet and regional academic
institutions' fleets are nearing the end of their useful
service lives and inadequate for the demands of their
interdisciplinary research mission, resulting in capability
gaps and undermining Federal research goals. Accordingly, the
Committee directs OSTP, no later than 180 days after enactment
of this act, to submit an assessment of Great Lakes resources
research operations, to include an evaluation of current large
lake fleet capabilities, projected fleet requirements and
costs, and the feasibility of Federal agencies, including NOAA
and NSF, in partnering with regional institutions and
universities that have recognized commitments to fresh water
research sciences to procure and operate research vessels on
the Great Lakes and within the Great Lakes ecosystem.
National Space Council
Appropriations, 2018.................................... $1,965,000
Budget estimate, 2019................................... 1,965,000
Committee recommendation................................ 1,965,000
The Committee provides $1,965,000 for the National Space
Council. The recommendation is the same as both the fiscal year
2018 enacted level and the request.
The National Space Council was established by title V of
Public Law 100-685 and after ceasing operation in 1993, was
reestablished by Executive Order 13803. The National Space
Council provides advice and assistance to the President on
national space policy and strategy. The Council reviews United
States Government space policy, including long-range goals;
develop a strategy for national space activities; and develop
recommendations for the President on space policy and space-
related issues. The National Space Council's additional roles
are to monitor and coordinate implementation of the Nation's
objectives in space by executive departments and agencies;
foster close coordination, cooperation, and technology and
information exchange among the civil, national security, and
commercial space sectors; and facilitate resolution of
differences concerning major space and space-related policy
issues.
National Aeronautics and Space Administration
Appropriations, 2018.................................... $20,736,140,000
Budget estimate, 2019................................... 19,892,200,000
Committee recommendation................................ 21,323,400,000
The Committee's recommendation provides $21,323,400,000 for
the National Aeronautics and Space Administration [NASA]. The
recommendation is $587,260,000 above the fiscal year 2018
enacted level and $1,431,200,000 above the budget request.
NASA was established by the National Aeronautics and Space
Act of 1958 (Public Law 85-568) to conduct space and
aeronautical research and development and to conduct flight
activities for peaceful purposes. NASA's unique mission of
exploration, discovery, and innovation is intended to preserve
the United States' role as both a leader in world aviation and
as the pre-eminent space-faring nation. It is NASA's mission
to: advance human and robotic exploration, use, and development
of space; advance and communicate scientific knowledge and
understanding of the Earth, the Moon, the solar system, and the
universe; and research, develop, verify, and transfer advanced
aeronautics and space technologies.
For Science, the Committee's recommendation strives to keep
NASA's near-term launches on track to continue progress in
exploring our solar system and the universe, understanding the
sun, and observing our planet. The Committee expects NASA to
continue making progress on the recommendations of the National
Academies' decadal surveys, now and in the future.
This bill continues investments in human spaceflight that
will travel beyond low-Earth orbit with NASA developed crew and
launch vehicles; enables the burgeoning domestic launch
industry that is bringing cargo, and eventually crew, to the
International Space Station; and supports NASA's science and
technology programs. These elements should be viewed as
complementary pieces of a balanced whole.
NASA is directed to continue providing the Committee with a
quarterly launch schedule, by mission, that describes risks
associated with launch delays due to problems with the launch
vehicle, impacts of launch delays to other missions in the
launch queue, and a budget estimate of the anticipated carrying
costs for missed launch windows.
The Committee is counting on NASA to maintain focus on
improving oversight and accountability throughout the agency.
NASA's acquisition management continues to be on the GAO ``high
risk'' list. GAO's most recent assessment of NASA's large-scale
projects found the agency's cost and schedule performance on
major projects has deteriorated since last year. Since May
2017, the average launch delay has increased from 7 to 12
months and development cost growth is at least 18.8 percent, up
from 15.6 percent in 2017. NASA is directed to cooperate fully
and to provide timely program analysis, evaluation data, and
relevant information to the GAO so that GAO can report to
Congress shortly after the annual budget submission of the
President and semiannually thereafter on the status of large-
scale NASA programs, projects, and activities based on its
review of this information.
In addition, NASA is directed to provide the Committee,
with its budget justification, the reserves assumed by NASA to
be necessary within the amount proposed for each directorate,
theme, program, project, and activity, or, if the proposed
funding level for a directorate, theme, program, project, or
activity is based on confidence level budgeting, the confidence
level and reserves assumed in the proposed funding level.
The Committee understands that NASA projects undergo major
reviews in addition to regular oversight throughout the year.
When one of these reviews results in changing the cost profile
of a project in the current or budget request year, the
Committee expects to be informed in a timely fashion so that
its actions can reflect the most recent NASA analysis and
expectation. Keeping the Committee up to date should reduce
NASA's propensity to submit spending plans that disregard
Congressional direction.
The Federal funding priorities for NASA set forth in this
bill and report should not be interpreted as suggestions from
the Committee. Rather they should be interpreted like any other
statutory requirement levied upon NASA. The Committee objects
to NASA's efforts in recent fiscal years to redirect funding
away from priorities clearly set by the Congress in law. NASA's
continued use of section 505 of this bill in this manner will
result in limited funding flexibility in the future.
The Committee does not adopt the proposed reconfiguration
of NASA's account structure. Instead, the Committee has
maintained the same account structure as fiscal year 2018 and
has chosen to rename the Education account to Science,
Technology, Engineering, and Mathematics [STEM] Opportunities.
The Committee is supportive of NASA's STEM education
efforts that provide hands-on learning experiences for middle,
high school, and college students, including space launch
activities, and therefore rejects the proposed cancellation of
education programs. These types of programs allow students to
experience the full range of STEM-related skills involved in
designing, testing, and launching vehicles and designing
payloads to deepen their interest in science and engineering
fields.
The Committee has chosen to articulate the funding levels
of programs, where appropriate, in the form of tables and, if
necessary, supplemented with explanatory report language.
SCIENCE
Appropriations, 2018.................................... $6,221,500,000
Budget estimate, 2019................................... 5,895,000,000
Committee recommendation................................ 6,400,300,000
The Committee provides $6,400,300,000 for Science, which is
$178,800,000 above the fiscal year 2018 enacted level and
$505,300,000 above the budget request. The Science account
encompasses: Earth Science, Planetary Science, Astrophysics,
the James Webb Space Telescope, Heliophysics, and Education.
This funding supports NASA programs that seek to answer
fundamental questions concerning the ways in which Earth is
changing; the comparison of Earth with other planets in the
solar system and around other stars; the connections between
the Sun and Earth; and the origin and evolution of planetary
systems, the galaxy, and the universe, including the origin and
distribution of life in the universe. These objectives are
assisted by input from the scientific community through decadal
surveys and are achieved through robotic flight missions,
ground-based scientific research and data analysis, and the
development of new technologies for future missions. NASA shall
continue its progress toward implementing the recommendations
of decadal surveys in Earth Science, Heliophysics, Planetary
Science, and Astrophysics.
The Committee commends the Science Mission Directorate's
[SMD] efforts to respond to data challenges by implementing
innovative cloud storage agreements, investing in data and
information systems, and developing supercomputing
capabilities. By procuring information technology [IT] services
through a utility-based model and paying only for services
consumed, SMD's cloud computing engagements have delivered
rapid and measurable capability gains, along with significant
cost savings. The Committee directs NASA to report to the
Committees on Appropriations not later than 90 days after the
enactment of this act on the status of expanding the adoption
of cloud computing within the Mission Directorate, including
the use of commercial cloud computing services, use cases where
cloud computing has enhanced services, current plans for the
expansion of cloud computing, security impacts, any factors
delaying or inhibiting the expansion of cloud computing usage,
and any cost savings achieved in the previous 3 fiscal years by
the utilization of commercial cloud computing services.
SCIENCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Earth Science......................................... 1,931,000
Planetary Science..................................... 2,201,500
Astrophysics.......................................... 1,243,200
James Webb Space Telescope............................ 304,600
Heliophysics.......................................... 720,000
-----------------
Total, Science.................................. 6,400,300
------------------------------------------------------------------------
Earth Science.--Within the amount for Earth Science, the
Committee recommendation includes $162,400,000 for Landsat 9 to
maintain a 2020 launch profile; $161,000,000 for the Plankton,
Aerosol, Cloud ocean Ecosystem [PACE] mission to maintain a
2022 launch date; $18,000,000 for CLARREO Pathfinder to
continue progress on a Tier-1 decadal survey recommendation;
$5,100,000 for OCO-3; $10,000,000 for the Carbon Monitoring
System; and $1,700,000 for NASA instruments on the Deep Space
Climate Observatory. Within 30 days of the enactment of this
act, NASA shall report on the 5-year budget profile needed for
PACE and CLARREO Pathfinder to achieve planned launch dates and
continue originally planned operations. The recommendation
fully supports Earth Venture and NASA-ISRO Synthetic Aperture
Radar at no less than the request level.
The Committee is also supportive of efforts for the
development of aircraft instrumentation and arrays that can
conduct remote sensing for scientific and operational research,
and directs the agency to continue partnering with non-Federal
researchers to test new technologies for analyzing snow, ice
and soil moisture.
Sustainable Land Imaging and Competition.--In the interest
of maximizing capability and cost-effectiveness, the Committee
directs NASA to provide a report on the details of acquisition
plans for Sustainable Land Imaging [SLI] beyond Landsat-9, that
accommodate a full and open competition for the acquisition of
instruments for the SLI satellite program, within 120 days
after passage of this legislation.
Earth Science Decadal.--The Committee supports the release
and recommendations of the National Academy of Sciences' Earth
Science and Applications from Space Decadal Survey report and
directs NASA to implement its findings to the extent
practicable. As articulated by the report, NASA should plan to
competitively select future missions that address high priority
target observables in the designated and explorer categories.
The Committee believes an increase in competed, Principal
Investigator-led missions will encourage responsible cost and
schedule constraints, develop novel remote sensing
technologies, and leverage the talents and expertise of
scientists at universities and research institutions.
Unmanned Aerial Vehicles.--The Committee strongly supports
NASA's efforts to develop and refine Unmanned Aerial Vehicle
[UAV] platforms and encourages NASA to improve collaboration
and cooperation with other science agencies of the Federal
Government to share and expand limited UAV availability,
including working with NOAA, to allow expanded utilization and
supplement data collection in support of hurricane forecast
modeling.
Planetary Science.--The Committee recommendation includes
the request level of $60,000,000 for Near Earth Object
Observations, and $97,000,000 for Planetary Defense/Double
Asteroid Redirection Test [DART]. The Committee acknowledges
that NASA will use resources available in fiscal year 2018 to
address the Mars 2020 heat shield testing mishap and,
therefore, provides the request level for Mars 2020. The
Committee reiterates its previous direction that if the Mars
helicopter demonstration would delay the overall Mars 2020
mission, it should not be included in the Mars 2020 program.
Funding for Mars Exploration includes $50,000,000 for studies
and technology development for a 2026 Mars sample return
mission.
The recommendation also includes the request level for New
Frontiers, Radioisotope Power Systems, and the Europa Clipper.
For Europa Clipper, a portion of the fiscal year 2019 funding
may be derived from the project's substantial prior year
balances. The recommendation also includes $218,000,000, as
requested, for Lunar Discovery and Exploration, including
$18,000,000 to continue the Lunar Reconnaissance Orbiter. The
Lunar Discovery and Exploration program will provide science
payloads and instruments for Lunar Lander missions, like those
developed in partnership with NASA's Lunar CATALYST program.
These small robotic missions, starting in 2020, intend to
provide NASA with access to the lunar surface for the first
time in nearly 50 years and allow for affordable commercial
procurement of a variety of science and exploration payloads to
prepare for future science and crewed Exploration Missions.
This program supports a regular cadence of at least one robotic
mission to the lunar surface per year using U.S.-built Lunar
Landers.
DART.--The Committee directs NASA to continue the
development of the DART technology demonstration mission, with
a target launch not later than June 2021. The Committee
understands that ground based telescopes and radars will be
used to provide the needed measurements to assess the degree of
deflection resulting from the DART impactor and that this
telescope support is already baselined in the NASA mission. The
Committee directs NASA to develop a plan for funding the
Planetary Defense Office for DART and subsequent activities
which will support successive space-based survey missions and
technology demonstrations that will rapidly advance the
Nation's planetary defense capabilities.
Green Bank Observatory.--The Committee recognizes the
significant investment NSF has made to develop the world-class
scientific facility at the Green Bank Telescope Observatory
[GBO] and the benefit NASA has gained through its use of the
GBO facility. NASA is encouraged to continue its use of GBO to
support its Planetary Science Research program, including
orbital debris monitoring and other activities, and to
coordinate with NSF and other government agencies to develop
and support multi-agency management plans for GBO, including
research, facilities, and maintenance funding. NASA shall
include in its fiscal year 2020 budget request any planned
support for the subsequent 5 fiscal years.
Astrophysics.--The Committee recommendation includes no
less than $98,300,000 for the Hubble Space Telescope, no less
than $15,000,000 for search for life technology development to
leverage and scale technologies developed for the James Webb
Space Telescope, and $352,000,000 for the Wide-Field InfraRed
Survey Telescope [WFIRST]. The Committee has again rejected the
proposal to cut Hubble operations given costs that the program
has absorbed to continue three fellowship programs, address
hardware degradation through software changes, and enhance the
long-term value of Hubble's data archive.
WFIRST.--The Committee rejects the proposal to cancel this
mission which was the highest priority of the most recent
Astrophysics decadal survey to settle fundamental questions
about the nature of dark energy and has provided $352,000,000
for WFIRST to be developed on a timeline that allows a 2025
launch date. The Committee is concerned about the growing cost
of the prime mission and expects NASA to use a firm
$3,200,000,000 mission cost cap in its future planning of the
mission. To reduce mission costs and ensure that overlap with
the James Webb Space Telescope is maximized, NASA should
implement the most efficient development program for the
telescope and its instruments.
Decadal Survey.--The Committee, NASA, and NSF, among
others, rely on decadal surveys to prioritize scientific
investments in large, medium, and small projects. The Committee
directs NASA to support the National Academies in keeping the
next Astrophysics decadal survey on schedule, rather than
delaying the survey, as the astronomy community and other
Federal agencies are relying on its results.
Stratospheric Observatory for Infrared Astronomy [SOFIA].--
NASA regularly reviews its missions, as part of the senior
review process, to measure mission performance based on
scientific merit, national needs, the technical status of the
mission, and budget efficiency to help resources prioritize and
ensure they are meeting their science goals. NASA is encouraged
to review SOFIA at the appropriate time to determine if this
mission should have its prime mission extended.
SMD Education.--The Committee provides no less than
$45,000,000 for education. The Committee supports the
recommendation that the Astrophysics program administer this
SMD-wide education funding. The Committee encourages SMD-funded
investigators to be directly involved in outreach and education
efforts. NASA should continue to prioritize funding for on-
going education efforts linked directly to its science
missions.
James Webb Space Telescope.--The Committee maintains its
strong support for the completion of the James Webb Space
Telescope [JWST], and provides $304,600,000, the same as the
budget request. The bill maintains an overall development cost
ceiling for JWST at $8,000,000,000, and the Committee intends
to hold NASA and its contractors to that commitment. At this
time, NASA has not submitted a request to increase the cap,
despite numerous cost and schedule challenges. The Committee is
disappointed with the execution and management of this project,
especially given the attention paid to it by NASA and
contractor leadership. The Committee expects to be briefed
expeditiously when the ongoing independent assessment is
complete and expects to be kept fully informed on issues
relating to program and risk management, achievement of cost
and schedule goals, and the program's technical status. The
Committee appreciates GAO's continuing work to monitor JWST
progress, costs, and schedule.
Heliophysics.--The Committee recognizes that a greater
understanding of our Sun and the accompanying technologies
developed for that purpose will help to mitigate the hazards
that solar activity poses to ground- and space-based platforms
that strengthen our national security, economic
competitiveness, and scientific prowess. The recommendation
provides $720,000,000 for Heliophysics, including $100,000,000
for Solar Terrestrial Probes, an increase of $9,000,000 above
the request to support continued mission formulation and
development of Interstellar Mapping and Acceleration Probe
[IMAP], implement accompanying Missions of Opportunity [MOs],
and maintain operations for ongoing missions.
Heliophysics Explorer.--The Committee is encouraged by
NASA's commitment to implement a 2-year cadence of alternating
Small Explorer [SMEX] and Mid-sized Explorer [MIDEX] missions,
and enable a regular selection of MOs to allow heliophysics
researchers to rapidly respond to and participate in missions
both inside and outside of NASA. The recommendation provides
the request level of $109,200,000 for Heliophysics Explorers.
Diversify, Realize, Integrate, Venture, Educate [DRIVE]
Initiative.--The Committee supports implementation of the DRIVE
initiative, a top priority of the National Research Council
Decadal Survey, which would increase the competitive
Heliophysics research program from 10 percent to 15 percent of
the budget request to enable the development of new
technologies and establish competitively-awarded Heliophysics
Science Centers. The Committee recognizes the increasingly
multidisciplinary nature of Heliophysics and seeks to provide
researchers with the necessary tools to enable continued
scientific progress in this field.
Space Weather Research.--In response to the Space Weather
Action Plan and the recommendations of the Decadal Survey, the
Committee recommendation provides no less than $15,000,000 for
the space weather research program to support innovation in
solar observational capabilities and continue development of a
space weather research program that advances research-to-
operations, operations-to-research, and computational aspects
of space weather mitigation. NASA should coordinate with NOAA
and the Department of Defense to ensure that NASA is focused on
research and technology that enables other agencies to
dramatically improve their operational space weather assets and
the forecasts they generate using data from those assets,
including current and future ground-based telescopes and
instruments that are expected to come on line, such as the
Daniel K. Inouye Solar Telescope.
AERONAUTICS
Appropriations, 2018.................................... $685,000,000
Budget estimate, 2019................................... 633,900,000
Committee recommendation................................ 725,000,000
The Committee provides $725,000,000 for Aeronautics, which
is $40,000,000 above the fiscal year 2018 enacted level and
$91,100,000 above the budget request. The Aeronautics account
funds research in key areas related to the development of
advanced aircraft technologies and systems, including those
related to aircraft safety, ultra-efficient vehicles and fuel
efficiency, hypersonics, and research that supports the Next
Generation Air Transportation System in partnership with the
Joint Planning and Development Office.
The Committee supports New Aviation Horizons and is
encouraged by NASA's efforts toward developing a Low Boom
Flight Demonstrator X-plane, referred to as the Low Boom Flight
Demonstrator [LBFD]. Within the funds provided for Aeronautics,
appropriate funds are included to enable the next X-plane
demonstration planned beyond LBFD.
Advanced Materials Research.--The Committee recognizes the
continuing role NASA and university research institutions play
in developing advanced materials platforms for next-generation
air and space vehicles. NASA is encouraged to partner with
academic institutions that have strong capabilities in
aviation, aerospace structures, and materials testing and
evaluation, and provides $5,000,000 above the request to
advance university-led aeronautics materials research.
Unmanned Traffic Management.--The Committee commends NASA
for leveraging its capabilities in assisting the Nation's UAS
test sites to advance its efforts on the unmanned traffic
management [UTM] program. NASA is encouraged to work with
Federal agencies, States, counties, cities, and tribal
jurisdictions on research toward the development of a future
UTM system that will ensure the broadest level of acceptance
from local jurisdictions.
The Committee is interested in NASA research and
development efforts designed to further new innovations in
propulsion, simplified vehicle operations, increased
automation, and the integration of these operations into
controlled airspace. The Committee believes these technologies
can address critical mobility challenges. The Committee expects
NASA to work with industry stakeholders and coordinate with the
Federal Aviation Administration [FAA] to expedite technology
introduction and maximize improvements in safety,
affordability, and environmental benefits like noise and
emissions reduction. As part of this effort, NASA is encouraged
to leverage other directorates' research efforts, test sites,
and industry partnerships where applicable.
Unmanned Aerial Systems Research.--NASA conducts research
to reduce technical barriers associated with integrating UAS
into the National Airspace System [NAS]. This research remains
a national priority with the potential to increase public
safety and bring economic benefits to a wide range of
industries.
Advanced Composites.--To address the ongoing need for
improved methods, tools, and protocols to reduce the
development and certification timeline for composite materials
and structures, the Committee funds advanced composites at the
fiscal year 2019 request level.
SPACE TECHNOLOGY
Appropriations, 2018.................................... $760,000,000
Budget estimate, 2019................................... \1\818,000,000
Committee recommendation................................ 932,800,000
\1\Amount shown reflects the fiscal year 2019 budget request in the
fiscal year 2018 account structure.
The Committee provides $932,800,000 for Space Technology,
which is $172,800,000 above the fiscal year 2018 enacted level
and $114,800,000 above the budget request, as formatted in the
fiscal year 2018 account structure. The Space Technology
Program funds basic research that can advance multi-purpose
technologies to enable new approaches to NASA's current
missions. These technologies can serve all NASA mission
directorates and are not solely focused on enabling human
spaceflight. Funding for the human research program remains in
Exploration Research and Technology and is not transferred to
Space Technology, as requested. Space Technology also includes
funding for NASA's Small Business Innovative Research [SBIR]
and Small Business Technology Transfer programs.
The Committee is supportive of many of the technologies
being developed within Space Technology, which will have wide
ranging benefits for NASA missions and throughout the agency.
Of particular note are the enabling technologies of Solar
Electric Propulsion; the laser communications relay
demonstration; in-space manufacturing and assembly; and
composite tanks and structural materials. These key supporting
technologies will provide enabling capabilities for multiple
robotic and human exploration missions. The Committee is also
supportive of the Regional Economic Development Program and
encourages NASA to consider expanding the program to all 50
States.
The recommendation includes $35,000,000 for additive
manufacturing, $20,000,000 for the Flight Opportunities
Program, and $5,000,000 to advance large scale production and
use of innovative nanomaterials, including carbon nanotubes.
Satellite Servicing/RESTORE-L.--The Committee recommends
$180,000,000 for the Restore-L Project only to conduct and
demonstrate the capabilities to refuel satellites in low earth
orbit utilizing Landsat-7. The project shall target a launch
before Landsat-7's fuel supply runs out in late calendar year
2020. As the program progresses from research to
implementation, the Committee encourages NASA to work with
private sector and university partners to facilitate
commercialization of the technologies developed within the
program and directs NASA to submit with its fiscal year 2020
budget request a report on current efforts underway to
encourage commercialization of technology within the Restore-L
program, with a focus on how intellectual property will be
handled.
Nuclear Propulsion.--NASA is continuing its work to develop
the foundational technologies and advance low-enriched uranium
nuclear thermal propulsion systems that can provide
significantly faster trip times for crewed missions than non-
nuclear options. Not less than $75,000,000 shall be expended to
support the development and demonstration of a nuclear thermal
propulsion system. Within 180 days of the enactment of this
act, NASA, in conjunction with other relevant Federal
departments and agencies shall submit a multi-year plan that
enables a demonstration no later than 2024 and describes future
missions and propulsion and power systems enabled by this
capability.
Small Satellite Technical Challenges.--The Committee
provides $2,000,000 above the budget request to further address
the technical challenges associated with designing,
fabricating, and testing capable small satellites and
constellations of satellites.
Small Business Innovation Research.--The Committee
recognizes the importance of the SBIR program and its previous
success in commercialization of results from federally funded
research and development projects. The SBIR program encourages
domestic small businesses to engage in Federal research and
development, and creates jobs. The Committee therefore directs
NASA to place an increased focus on awarding SBIR awards to
firms with fewer than 50 employees.
EXPLORATION
Appropriations, 2018.................................... $4,790,000,000
Budget estimate, 2019...................................\1\4,743,500,000
Committee recommendation................................ 5,338,700,000
\1\Amount shown reflects the fiscal year 2019 budget request in the
fiscal year 2018 account structure.
The Committee provides $5,338,700,000 for Exploration,
which is $548,700,000 above the fiscal year 2018 enacted level
and $595,200,000 above the budget request, as formatted in the
fiscal year 2018 account structure. The Exploration account
funds the capabilities required to develop, demonstrate, and
deploy the transportation, life support, and surface systems
that will enable sustained human presence beyond low-Earth
orbit and throughout the solar system. The Committee believes
the Nation deserves a safe and robust human spaceflight program
to explore beyond low-Earth orbit.
The Space Launch System [SLS], Orion multi-purpose crew
vehicle, and Exploration ground systems are all critical
infrastructure for the development and sustainment of the
Nation's human exploration goals. These investments will enable
the human exploration of space beyond low Earth orbit, and
provide flexibility for a variety of mission destinations
including the Moon and Mars.
The Committee provides: $2,150,000,000 for SLS and
concurrent Exploration Upper Stage development; $1,350,000,000
for Orion; and $795,000,000 for Exploration Ground Systems,
including $255,000,000 for construction of a second mobile
launch platform and associated SLS activities. In addition to
this funding, $25,900,000 is further provided under
Construction of Facilities for Exploration-related
construction, bringing the total funding for ground systems to
$820,900,000. These funding levels reflect consistent
programmatic funding to ensure the earliest possible crewed
launch of SLS, as well as prepare for future science and crewed
missions. The Committee is disappointed by reports that
workmanship and manufacturing challenges could delay the launch
of Exploration Mission-1 until calendar year 2020.
It is important to note that the funding levels provided by
the Committee support the development of multiple iterations of
launch and crew test articles and flight vehicles that are
being developed and produced during fiscal year 2019. By
providing the funds to complete a second mobile launch
platform, NASA will have greater mission flexibility to launch
using SLS launch vehicle variants that utilize both the Interim
Cryogenic Propulsion Stage and Exploration Upper Stage engines.
This flexibility will allow for SLS to have a more regular
launch cadence, enable earlier crewed launches for future lunar
missions, and provide further opportunities for scientific
missions, such as the Europa Clipper.
NASA's human exploration program is made up of three
distinct, but equally important pieces: the SLS heavy-lift
launch vehicle and its propulsion systems, Orion, and the
supporting ground systems that process and enable the launch of
these vehicles. If any of these activities are delayed, then
the entire exploration enterprise of launching humans beyond
low Earth orbit by NASA is also hindered. Therefore, it is
important to view these programs as part of a complete system
and to budget accordingly so that the Nation can advance its
exploration goals.
The Committee is disappointed that NASA has been slow to
comply with previous bill language to provide the Committee
with an integrated budget for these activities that shows a
budget profile to launch Exploration Mission-2 as early as
possible. NASA's delayed response to the provision does not
reflect positively on the ability for NASA to execute Space
Policy Directive 1 [SPD-1] which calls for NASA to lead
missions that return humans to the Moon and eventually Mars.
Without such a coordinated spending plan, NASA has been
hindered with inefficient planning due to unrealistic proposed
budgets in previous years and will continue to face challenges
into the future without such a plan. NASA is again directed in
bill language to provide such a budget and the Committee
expects a response that is timely and conforms to the goals
laid out in SPD-1.
Advanced Exploration Systems [AES].--The Committee provides
$1,043,700,000 for AES. Within these amounts, $504,200,000 is
for development of the Lunar Orbital Platform in support of
development of the initial power and propulsion element. The
Committee is supportive of the Human Research Program, but does
not agree with NASA's proposed move of this activity and other
activities funded in this account in fiscal year 2018 into
Space Technology and instead provides funding for this activity
within AES.
Advanced Cislunar and Surface Capabilities [ACSC].--The
Committee provides $116,500,000 for ACSC. As NASA embarks on a
return to the Moon as part of its larger human exploration
strategy, the need for the development of a range of lander
technologies to support such missions is critical. Small and
medium-sized landers will be needed for exploration activities
while building up to larger landers and eventually human ascent
vehicles. NASA should ensure that its investments in this
account and in science are coordinated and that between the two
accounts, the agency is pursuing the development of landers of
varying sizes and capabilities so as to meet its long-term
science and exploration goals. Public-private partnerships
[PPPs] with U.S. commercial space companies could help expedite
development of lunar landers, including development of
hardware, propulsion, communications, and software necessary
for lunar landing vehicles, and NASA is encouraged to use firm
fixed-price partnerships with PPPs, as appropriate. To ensure
that landers in a range of sizes are a part of ACSC, NASA shall
allocate $25,000,000 within its lunar lander demonstration
program in fiscal year 2019 to meet the goal of delivering
medium to large payloads to the lunar surface by 2023.
SPACE OPERATIONS
Appropriations, 2018.................................... $4,751,500,000
Budget estimate, 2019................................... 4,624,600,000
Committee recommendation................................ 4,639,100,000
The Committee provides $4,639,100,000 for Space Operations,
which is $112,400,000 below the fiscal year 2018 enacted level
and $14,500,000 above the budget request. The Space Operations
account funds the International Space Station [ISS] and the
supporting functions required to conduct operations in space.
The ISS is a complex of research laboratories in low-Earth
orbit in which American, Russian, and international partner
astronauts conduct unique scientific and technological
investigations in a microgravity environment.
Commercial Low-Earth Orbit Development [LEO].--The
Committee supports maintaining the International Space Station
[ISS] with direct Federal funding beyond 2025 until a viable
alternative exists to achieve NASA's objectives in LEO. The
Committee supports public-private partnerships to advance
commercial capabilities in LEO, particularly those involving
in-kind contributions by NASA, such as making a docking node on
the ISS available for partnership opportunities. The agreement
provides $40,000,000 for port implementation analysis and power
augmentation studies necessary to enable potential future
commercial activities at the ISS.
Space Transportation.--The Committee provides the requested
amounts of $1,935,600,000 for the delivery of cargo and
payments for current and future crew services to the ISS, and
up to $173,100,000 for payment of successfully completed crew
development milestones. The Committee is hopeful that crewed
demonstration missions will be flown soon, but notes that the
GAO has reported in ``NASA: Assessments of Major Projects''
that the certification of both contractors' vehicles will
likely be delayed until calendar year 2019 or possibly later.
The Committee encourages NASA to regain the ability to launch
astronauts to ISS from the United States in a safe and timely
manner but is concerned that further delays to the crew program
will lead to additional unanticipated scheduling challenges and
transportation costs. NASA shall inform the Committee of the
causes of any delays to demonstration missions, certification
dates, and any additional associated costs, including
additional payments for alternative transportation services, at
the time they are determined by NASA, and not wait to disclose
them as part of the regular quarterly reporting requirement.
ISS Research.--Increased crew time aboard the ISS presents
more research opportunities. The Committee directs NASA to
promote new grant opportunities that will support and further
biological and physical sciences research within a microgravity
environment, including continued study of and quantifying
potential exposure to cosmic rays through initiatives such as
the Alpha Magnetic Spectrometer. In making grant opportunities
available, the Committee urges the Administrator to abide by
the priorities established by the National Academies' decadal
survey titled ``Recapturing a Future for Space Exploration:
Life and Physical Sciences Research for a New Era.''
Rocket Propulsion Test Program.--The Committee recommends
the fiscal year 2019 requested amount for the NASA Rocket
Propulsion Test program to ensure test infrastructure remains
adequate to support the Space Launch System and other
propulsion development programs.
Testing Infrastructure.--The Committee encourages NASA to
develop plans to fully utilize NASA-owned rocket testing
infrastructure for commercially developed launch vehicles to
ensure that these vehicles are not only tested in the same
manner as Government-developed launch vehicles, but also at the
same facilities, to ensure consistency in testing across all
potential vehicles.
Space and Flight Support Launch Services.--The Committee
believes that the small launch vehicle development will lead to
a capability that will maximize benefits to the government, the
private sector, and universities while promoting increased
participation in the small launch market. The recommendation
supports funding in Space Technology, Science, and Exploration,
estimated at $30,000,000, that is provided to the Launch
Services Program to procure launch vehicles of small payloads
to increase opportunities for improved access to suborbital and
orbital launch opportunities once the current round is
completed. NASA shall also keep the Committee informed of the
two upcoming demonstration launches planned for 2018, as well
as its future plans to maximize utilization of this program
that will lower small launch costs and increase access to
space.
Space Network Ground Segment Sustainment [SGSS].--The
Committee understands that the independent review of SGSS is
underway and will be complete by the end of July 2018. The
recommendation provides $109,900,000 to complete the initial
Operational Readiness Review of SGSS, including installing and
testing the software pool on one antenna at the White Sands
Complex. If the independent review team recommends SSGS
completion through Final Acceptance Review in fiscal year 2021,
and this recommendation is accepted, the Committee understands
funding beyond fiscal year 2019 will be required.
21st Century Launch Complex.--The Committee notes that
maintaining multiple launch sites contributes to assured access
to the ISS for NASA, researchers, and industry. The
recommendation includes $15,000,000 for NASA-owned launch
facilities, of which $10,000,000 shall be for the Wallops
Flight Facility launch complex. Within 45 days of the enactment
of this act, NASA shall submit to the Committees on
Appropriations a prioritized list of remaining needs for NASA-
owned launch facilities necessary for range modernization to
meet critical maintenance, capacity, and range safety needs
over the next 5 years, along with an indication of whether
these projects are planned to be funded under Exploration or
Construction of Facilities [CoF]. The Committee notes that
significant funding for Kennedy Space Center and Wallops Flight
Facility projects have been included in CoF in both the fiscal
year 2018 enacted bill and in this act.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS OPPORTUNITIES
Appropriations, 2018.................................... $100,000,000
Budget estimate, 2019...................................................
Committee recommendation................................ 110,000,000
The Committee does not agree with the proposed cancellation
of the activities within Education and has provided funding for
the programs formerly within Education under a new Science,
Technology, Engineering, and Mathematics [STEM] Opportunities
account for the upcoming fiscal year. The Committee provides
$110,000,000 for STEM Opportunities, which is $10,000,000 above
the fiscal year 2018 enacted level and $110,000,000 above the
budget request. As part of this activity, NASA is directed to
continue progress toward the Committee and NASA's shared goal
of capping administrative costs at no more than five percent.
This account funds STEM education activities to educate and
inspire our next generation of explorers and innovators.
The Committee is not averse to considering funding these
activities either within the STEM Opportunities directorate or
other alternative locations, but believes that they should
continue. NASA has an enormous reach in inspiring the future
scientists, engineers, and other technical activities that keep
the Nation at the forefront of research and exploration and
should review its programs to ensure they are appropriately
funded.
The Committee directs NASA to use fiscal year 2019 to
review the programs within the STEM Opportunities Mission
Directorate, along with its other education-related activities,
in order to set NASA's STEM activities on a path forward to
take advantage of the positive impact NASA's programs and
missions have on the public. NASA shall provide the Committee a
report on the results of this comprehensive review, including
options for sustained and improved educational impact at all
levels across the country, 90 days from enactment of this act.
The funds within STEM Opportunities are provided to ensure
continuity in the ongoing programs as NASA evaluates its role
in STEM education and development of students in science and
engineering fields.
STEM OPPORTUNITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
NASA Space Grant...................................... 44,000
Established Program to Stimulate Competitive Research 21,000
[EPSCOR].............................................
Minority University Research and Education Project.... 33,000
STEM Education and Accountability Projects............ 12,000
-----------------
TOTAL........................................... 110,000
------------------------------------------------------------------------
Space Grant.--The Committee provides $44,000,000 for Space
Grant and directs NASA to support a multi-year extension of the
current Space Grant program, and to allocate the entire funding
amount for consortia-led institutions in all 52 participating
jurisdictions according to the percentage allocation provided
to States in the current 5-year grant award.
Competitive Program.--The Committee provides $10,000,000
for the Competitive Program for Science, Museums, Planetariums,
and NASA Visitors Centers within the STEM Education and
Accountability Projects. This competitive grant program creates
interactive exhibits, professional development activities, and
community-based programs to engage students, teachers, and the
public in science, technology, engineering, and mathematics.
SAFETY, SECURITY, AND MISSION SERVICES
Appropriations, 2018.................................... $2,826,900,000
Budget estimate, 2019................................... 2,749,700,000
Committee recommendation................................ 2,750,000,000
The Committee provides $2,750,000,000 for Safety, Security,
and Mission Services, which is $76,900,000 below the fiscal
year 2018 enacted level and $300,000 above the budget request.
The Safety, Security, and Mission Services account funds agency
management, including headquarters and each of the nine NASA
field centers, as well as the design and execution of non-
programmatic Construction of Facilities and Environmental
Compliance and Restoration activities.
Independent Verification and Validation [IV&V] Program.--
Within the amounts provided for cross-agency support, the
Committee recommends $39,100,000 for NASA's IV&V Program.
Virtual Institute for Aerospace Systems Engineering.--The
Committee is concerned with the increases in NASA's mission
costs and schedule as reported by GAO. As missions become more
complex and new technologies are proposed for development, NASA
programs increasingly need improved estimates of the cost and
schedules necessary to mature technologies for use in NASA
missions. Reducing development and schedule uncertainty
associated with integrating new technologies will benefit NASA
as it embarks on ambitious missions across the Science,
Aeronautics, and Exploration mission directorates. The
Committee encourages NASA to work with government, academic,
and industry partners to establish a ``virtual institute''
focused on advancing systems engineering with the goal of
improving mission success and affordability.
Information Technology.--The Committee is extremely
concerned with reports from the Inspector General [IG] and GAO
on the state of NASA's Information Technology [IT] security.
NASA needs to have outward facing systems that provide
information and scientific data to users. These systems also
must have protections in place for sensitive data and internal
operations. NASA requires an appropriate workforce to ensure
the agency's IT systems are secure. Both the IG and GAO
highlight deficiencies within the Office of the Chief
Information Officer. NASA is directed to provide the Committee
with its plans to implement the recent recommendations of the
IG and GAO on IT security no later than 30 days after
enactment.
Cybersecurity.--The Committee's recommendation includes the
full request for Agency Information Technology Services to
support shifting NASA's IT model to one that enhances
cybersecurity with strong governance and strong information
security practices.
Buy American Provisions.--NASA is reminded of language
included in the NOAA section of this report regarding Buy
American provisions related to the acquisition, construction,
or conversion of a marine vessel or marine vessel components.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2018.................................... $562,240,000
Budget estimate, 2019................................... 388,200,000
Committee recommendation................................ 388,200,000
The Committee provides $388,200,000 for Construction and
Environmental Compliance and Restoration, which is $174,040,000
below the fiscal year 2018 enacted level and the same as the
budget request. The Construction and Environmental Compliance
and Restoration account provides for design and execution of
programmatic, discrete and minor revitalization, construction
of facilities projects, facility demolition projects, and
environmental compliance and restoration activities.
Ensuring Continued Access to Kennedy Space Center [KSC].--
The Committee notes that NASA's Indian River Bridge provides
access from payload processing facilities on the mainland of
Florida to the launch complexes at KSC and Cape Canaveral Air
Force Station. Cape Canaveral is among the world's busiest
spaceports and hosted two-thirds of all U.S. launches in 2017.
Maintenance on the bridge has not been prioritized by NASA, and
as early as 2021, the bridge structure may be so degraded that
it will be ``de-rated'' from supporting heavy loads such as
trucks transporting space payloads. If this occurs, the impact
to national security, civil, and commercial space operations
will be substantial. The Committee directs NASA to ensure
continued access to KSC, including consideration of innovative
funding solutions involving the State of Florida, the
Department of Defense, and NASA. The Committee looks forward to
receiving a construction proposal from NASA that may include
in-kind contributions, including land transfers.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2018.................................... $39,000,000
Budget estimate, 2019................................... 39,300,000
Committee recommendation................................ 39,300,000
The Committee's recommendation provides $39,300,000 for the
Office of Inspector General, which is $300,000 above the fiscal
year 2018 enacted level and the same as the budget request. The
Office is responsible for promoting efficiency and preventing
and detecting crime, fraud, waste, and mismanagement.
ADMINISTRATIVE PROVISIONS
The Committee includes bill language regarding the
availability of funds for certain prizes.
The Committee also includes bill language regarding
transfers of funds between accounts and the NASA spending plan
for fiscal year 2019.
National Science Foundation
Appropriations, 2018.................................... $7,767,356,000
Budget estimate, 2019................................... 7,472,000,000
Committee recommendation................................ 8,068,667,000
The Committee's recommendation provides $8,068,667,000 for
the National Science Foundation [NSF]. The recommendation is
$301,311,000 above the fiscal year 2018 enacted level and
$596,667,000 above the budget request.
The National Science Foundation was established as an
independent agency by the National Science Foundation Act of
1950 (Public Law 81-507) and is authorized to support research
and education programs that promote the progress of science and
engineering in the United States. The Foundation supports
research and education in all major scientific and engineering
disciplines through grants, cooperative agreements, contracts,
and other forms of assistance in all parts of the United
States. The Foundation also supports unique domestic and
international large-scale research facilities.
RESEARCH AND RELATED ACTIVITIES
Appropriations, 2018.................................... $6,334,476,000
Budget estimate, 2019................................... 6,150,680,000
Committee recommendation................................ 6,556,183,000
The Committee's recommendation provides $6,556,183,000. The
recommendation is $221,707,000 above the fiscal year 2018
enacted level and $405,503,000 above the budget request.
The Research and Related Activities [R&RA] appropriation
funds scientific discovery, trains a dynamic workforce, and
supports broadly accessible state-of-the-art tools and
facilities. Research activities contribute to the achievement
of these outcomes through expansion of the knowledge base;
integration of research and education; stimulation of knowledge
transfer between academia and the public and private sectors;
and international activities, and bring the perspectives of
many scientific disciplines to bear on complex problems
important to the Nation. The Foundation's discipline-oriented
R&RA account includes: Biological Sciences; Computer and
Information Science and Engineering; Engineering; Geosciences;
Mathematical and Physical Sciences; Social, Behavioral and
Economic Sciences; Office of Cyberinfrastructure; Office of
International Science and Engineering; Office of Polar
Programs; Integrative Activities; and the U.S. Arctic Research
Commission.
The Committee's fiscal year 2019 recommendation supports
Federal long-term basic research that has the potential to
transform our economy and our way of life in the context of a
constrained Federal budget. Private industry, foundations, and
non-profits bring additional expertise, resources, and capacity
to NSF-funded research. This can further accelerate discovery
and translation of research to products and services, and
enhances the preparation of the future workforce to benefit
society and grow the American economy. The Committee strongly
encourages NSF to leverage the Nation's research communities
through partnering and collaboration to make available
infrastructure, expertise, and financial resources to the U.S.
scientific and engineering research and education enterprise.
Scientific Facilities and Instrumentation.--A critical
component of the Nation's scientific enterprise is the
infrastructure that supports researchers in discovery science.
Investments to advance the frontiers of research and education
in science and engineering are critical to the Nation's
innovation enterprise. The Committee encourages the NSF to
fully fund its U.S. scientific research facilities and
instruments to adequately support scientists and students
engaged in sustained, cutting-edge research.
Astronomy.--U.S.-based astronomy researchers and facilities
funded through NSF continue to make groundbreaking discoveries
utilizing world-class scientific research instruments and
facilities. NSF funding enables research in the U.S., at
facilities across the globe, and at observatories operated by
universities, including the National Optical Astronomy
Observatories, the National Radio Astronomy Observatories, and
the National Solar Observatory. As NSF determines the
appropriate levels of support for astronomy research grants by
scientists and students engaged in ground-breaking research and
investments, the Committee expects NSF to continue its support
of world-class scientific research facilities and
instrumentation to maximize its investments in research while
preliminarily preparing for facility upgrades and activities
associated with supporting the next Astrophysics decadal. In
addition to this support, partnerships should be explored when
feasible to maximize research capabilities at such facilities.
10 Big Ideas.--NSF has embarked on a long-term plan to use
10 Big Ideas, along with two convergence accelerators, to guide
funding for areas that will drive NSF's long-term research
agenda and investments in fundamental research. These ideas are
meant to define the focus of cutting-edge research uniquely
suited for NSF's broad portfolio. The Committee is supportive
of NSF using its position as the lead Federal agency in
supporting basic research in all fundamental science areas and
expects that as NSF uses the 10 Big Ideas as a focusing tool,
the funding for the fundamental scientific disciplines will be
maintained. The Committee has provided significant funding
above the amount provided in fiscal year 2018 and also above
the amount requested in fiscal year 2019. Therefore, NSF shall
maintain its core research at levels not less than those
provided in fiscal year 2017. The Committee believes that the
additional funds provided for fiscal year 2019 are more than
adequate to continue basic research and allow NSF to position
the United States to continue as a global science and
engineering leader using the 10 Big Ideas framework.
Windows on the Universe.--One of NSF's 10 Big Ideas
includes pursuing multi-messenger research that utilizes NSF's
previous investments in both physics and astronomy to
simultaneously study cosmic events in light, particles, and
gravitational waves. NSF is encouraged to support both ongoing
operations of existing and future NSF funded astronomy and
physics facilities within its budget as part of their 10 Big
Idea planning.
Navigating the New Arctic.--As the Foundation develops the
Navigating the New Arctic program, the Committee urges NSF to
formulate research programs leveraging expertise from regions
accustomed to adapting to changing marine ecosystems.
Specifically, NSF should consider the impact of the opening of
the two trans-arctic sea routes and the proximity to deep U.S.
ports.
Established Program to Stimulate Competitive Research
[EPSCoR].--The Committee underscores the importance of the
EPSCoR program in spurring innovation and strengthening the
research capabilities of institutions that are historically
underserved by Federal research and development funding. The
EPSCoR program is funded at no less than $176,650,000. NSF
shall make every effort to achieve efficiencies to ensure that
no more than 5 percent of the amounts provided for the program
are used for administration and other overhead costs.
Study of Temperate Woodland and Alpine Ecosystems and
Ecoregions.--The Committee expects NSF to continue supporting
research on unique mountain temperate woodland ecosystems and
ecoregions, and to advance research in this area in order to
better understand and sustain the health and vitality of
mountain ecosystems.
Mathematical Sciences Institutes.--The Committee recognizes
the importance of the NSF Mathematical Sciences Institutes
across the country, which provide important basic research in
multiple fields.
Rules of Life.--One of the research gaps in biological
knowledge is the inability to look at an organism's genetics
and environment and predict its observable characteristics.
Research in this area will open new doors to answer fundamental
questions in life sciences. To that end, the Committee supports
NSF's funding for research in plant genomics and directs NSF to
continue to advance the ongoing plant genomics research
program, further its work in crop-based genomics research, and
to maintain a focus on research related to crops of economic
importance. These activities directly address the Rules of Life
research question that is a focus of NSF.
USArray Monitor Transfer.--The Committee encourages NSF to
continue its work with the U.S. Geological Survey [USGS] to
transfer monitoring stations in seismically active areas with
sparse instrumentation to the USGS that NSF had planned to be
removed in 2019.
VORTEX-SE.--NSF has been working in conjunction with the
NOAA to build up to a full research campaign to study the
unique characteristics of tornadoes in the southeast. The large
VORTEX-SE field campaign is expected to take place in the
spring of 2020. The previous field campaigns in 2016 and 2017
have provided important new insights into the observing
strategy for the larger VORTEX-SE field campaign and the field
data collected as part of these campaigns is currently being
assimilated into storm-scale models, which in turn enables
improvements in tornado forecast capability. In preparation for
the 2020 field campaign, the Committee expects that future
budget requests for VORTEX-SE will include adequate budgetary
resources for associated research and instrumentation that will
maximize the scientific return of the 2020 field campaign. As
part of VORTEX-SE, the Committee encourages NSF to look beyond
its traditional research disciplines and programs and to
utilize the collaborative opportunities of the Prediction of
and Resilience against Extreme Events program for co-funding
grants that enhance understanding of the fundamental natural
processes and hazards of tornadoes in the southeast and to
improve models of these seasonal extreme events.
High-Performance Computing.--The Committee commends NSF on
its continuing commitment to its high-performance computing and
data analysis capabilities and urges NSF to make timely and
significant investments in high-performance computing. NSF
should remain committed to developing and supporting systems
that facilitate tremendous leaps in computational simulation
including artificial intelligence, storage, quantum computing,
and data analyses that enable a broad range of scientific
research. Leading edge high-performance computing
infrastructure is vital for continued U.S. world leadership and
international scientific competitiveness, particularly given
computational investments and technical achievements in high-
performance computing by other nations, notably China and
Japan. The Committee recommends that NSF establish a timely,
well-funded budget line in future budget submissions to
Congress to support world-class leadership computing for the
national open science community.
Domestic Manufacturing.--The Committee encourages NSF to
continue to support meritorious research on the U.S. steel
industry.
Cybersecurity.--The Committee's recommendation includes no
less than the fiscal year 2018 enacted level for cybersecurity
research.
Innovation Corps.--The Committee provides no less than the
fiscal year 2018 amount for the Innovation Corps [I-Corps]
program to build on the successes of its innovative public-
private partnership model. Technology transfer is an important
contributor to American innovation, and NSF plays a critical
role in enabling our Nation's brightest academic minds to bring
their ideas and ingenuity to the marketplace. Scientists are
trained in discovery but need help turning their research into
real-world products and profits. Programs like I-Corps create
jobs in our laboratories today and jobs in American industries
tomorrow. The Committee encourages NSF to facilitate greater
participation in the program from academic institutions in
States that have not previously received awards.
Marine Seismic Research.--The Committee continues to
recognize the importance of ensuring that NSF-funded marine
research vessels with unique capabilities remain available to
the academic community to support a variety of important
undersea research efforts and acknowledges that NSF plans to
fund projects on the R/V Marcus G. Langseth through 2020.
Within 45 days of enactment, NSF shall brief the Committees on
future plans for marine seismic research, including maintaining
access to world class research tools.
HBCUs Excellence in Research.--The Committee supports the
Historically Black Colleges and Universities [HBCUs] Excellence
in Research program, and the recommendation includes
$15,000,000 for the program. The program is assisting in
addressing NSF's previously troubling track record of only
providing substantial research funding to a small number of
HBCUs.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
Appropriations, 2018.................................... $182,800,000
Budget estimate, 2019................................... 94,650,000
Committee recommendation................................ 249,254,000
The Committee's recommendation provides $249,254,000 for
Major Research Equipment and Facilities Construction [MREFC].
The recommendation is $66,454,000 above the fiscal year 2018
enacted level and $154,604,000 above the budget request.
The MREFC appropriation supports the acquisition,
procurement, construction, and commissioning of unique national
research platforms and facilities as well as major research
equipment. Projects supported by this appropriation push the
boundaries of technology and offer expanded opportunities for
the science and engineering community. Preliminary design and
development activities, ongoing operations, and maintenance
costs of the facilities are provided through the R&RA
appropriation account.
The Committee's recommendation includes funding at the
requested level for the continued construction of the Daniel K.
Inouye Solar Telescope and the Large Synoptic Survey Telescope.
In addition, the Committee provides the requested $28,700,000
in order to complete funding for the second Regional Class
Research Vessel [RCRV] and $60,500,000 to begin the funding for
the third RCRV. Finally, NSF is directed to fund the
construction effort associated with the Antarctic
Infrastructure Modernization for Science [AIMS] project through
the MREFC account and provides $95,104,000 with the remainder
of the funding for AIMS provided within the Research and
Related Activities account.
The Committee encourages GAO to continue its annual review
of programs funded within MREFC so that GAO can report to
Congress shortly after each annual budget submission of the
President and semiannually thereafter on the status of large-
scale NSF projects and activities based on its review of this
information. The Committee notes that MREFC has a ``no cost
overrun'' policy and expects GAO's analysis to address any NSF
adjustments to proposed activities and scope.
Buy American Provisions.--NSF is reminded of language
included in the NOAA section of this report regarding Buy
American provisions related to the acquisition, construction,
or conversion of a marine vessel or marine vessel components.
EDUCATION AND HUMAN RESOURCES
Appropriations, 2018.................................... $902,000,000
Budget estimate, 2019................................... 873,370,000
Committee recommendation................................ 915,000,000
The Committee's recommendation provides $915,000,000 for
this account. The recommendation is $13,000,000 above the
fiscal year 2018 enacted level and $41,630,000 above the budget
request.
The Education and Human Resources appropriation supports a
comprehensive set of programs across all levels of education in
STEM. The appropriation supports activities that unite school
districts with institutions of higher learning to improve
precollege education. Other precollege activities include the
development of the next generation of STEM education leaders,
instructional materials, and the STEM instructional workforce.
Undergraduate activities support curriculum, laboratory, and
instructional improvement; expand the STEM talent pool; attract
STEM participants to teaching; augment advanced technological
education at 2-year colleges; and develop dissemination tools.
Graduate support is directed to research and teaching
fellowships, internships, and instructional workforce
improvement by linking precollege education systems with higher
education. Programs also seek to broaden the participation of
groups underrepresented in the STEM enterprise and promote
informal science education.
Advanced Technological Education.--The Committee provides
$66,000,000 for Advanced Technological Education.
Fellowships and Scholarships.--The Committee does not adopt
the proposed funding reductions for the NSF Scholarships in
STEM, Robert Noyce Scholarship Program, or the Graduate
Research Fellowship and instead provides the fiscal year 2018
funding level for these programs.
CyberCorps: Scholarships for Service.--The CyberCorps
program has awarded more than 3,000 scholarships to train
Federal cybersecurity professionals. Nearly half of the
program's graduates are placed in national security and defense
agencies. The Committee provides no less than $55,000,000 for
the CyberCorps: Scholarships for Service program, of which not
less than $7,500,000 should be used to continue work with
community colleges that have been designated as a Center of
Academic Excellence in Information Assurance 2-Year Education
[CAE2Y] by the National Security Agency and the Department of
Homeland Security, including through providing scholarships to
students at CAE2Y's who will not transfer into a 4-year
program, such as career-changers who possess 4-year degrees and
veterans of the Armed Forces. Additionally, the Committee urges
NSF to collaborate with the National Initiative for
Cybersecurity Education at NIST on their efforts to develop
cybersecurity skills in the workforce, especially in support of
non-traditional or technical degree qualifications.
Informal Science Education.--The Committee maintains its
strong support for NSF's informal science education program and
provides no less than $62,500,000 for Advancing Informal STEM
Learning and $51,880,000 for STEM+C Partnerships. The Committee
encourages NSF to coordinate and provide necessary support for
investments in both in- and out-of-school time STEM education
programs across Federal agencies, including support for
extracurricular STEM programs. The Education and Human
Resources directorate is further encouraged to continue its
NSF-wide efforts to support informal STEM education programs,
including leveraging the research directorates to support
activities that match their respective content areas.
Division of Research on Learning [DRL] in Formal and
Informal Settings.--As part of the research funded through the
DRL, the Committee recognizes the importance of out-of-school
time STEM mentor-led engagement programs, including STEM
networks, festivals, and competitions. Such programs are highly
effective in filling the higher education STEM pipeline. The
Committee urges NSF to focus on populations underrepresented in
the STEM fields and encourages NSF to fund out-of-school time
STEM engagement program activities.
Division on Human Resource Development.--The Committee
recommends $35,000,000 for the HBCUs Undergraduate Program,
$8,000,000 for the Alliance for Graduate Education and the
Professoriate, $46,000,0000 for the Louis Stokes Alliances for
Minority Participation, $15,000,000 for the Tribal Colleges and
Universities Program, and $24,000,000 for Centers for Research
Excellence in Science and Technology. In addition, $30,000,000
is provided for the Hispanic Serving Institutions program to
build capacity at institutions of higher education that
typically do not receive high levels of NSF funding.
Bioprocessing.--The Committee encourages NSF to include
training in bioprocessing within appropriate research areas as
part of their educational efforts.
Inclusion Across the Nation of Communities of Learners of
Underrepresented Discoverers in Engineering and Science
[INCLUDES].--The Committee supports the Big Idea to broaden
participation in science and engineering by developing networks
and partnerships that involve organizations and consortia from
different sectors committed to the common agenda of STEM
inclusion, and the recommendation provides $20,000,000 for
INCLUDES.
Advancement of Women in Academic Science and Engineering
Careers [ADVANCE].--The Committee is supportive of the ADVANCE
program, which funds efforts to address the systemic barriers
to women's STEM careers. To maintain these efforts, the
Committee provides $18,000,000, the same as the fiscal year
2018 funding level.
AGENCY OPERATIONS AND AWARD MANAGEMENT
Appropriations, 2018.................................... $328,510,000
Budget estimate, 2019................................... 333,630,000
Committee recommendation................................ 328,510,000
The Committee's recommendation provides $328,510,000 for
Agency Operations and Award Management. The recommendation is
the same as the fiscal year 2018 enacted level and $5,120,000
below the budget request.
The appropriation provides salaries and expenses,
including: staff salaries, benefits, travel, training, rent,
advisory and assistance services, communications and utilities
expenses, supplies, equipment, and other operating expenses
necessary for management of NSF's research and education
activities.
The Committee continues to believe that NSF should include
criteria that evaluate how a proposal will advance our Nation's
national security and economic interests, as well as promote
the progress of science and innovation in the United States.
The Committee reiterates its long-standing requirement that
NSF submit reprogrammings when initiating new programs or
activities of more than $500,000 or when reorganizing
components. The Committee expects to be notified of
reprogramming actions which involve less than the above-
mentioned amount if such actions would have the effect of
changing the agency's funding requirements in future years, or
if programs or projects specifically cited in the Committee's
reports are affected.
OFFICE OF THE NATIONAL SCIENCE BOARD
Appropriations, 2018.................................... $4,370,000
Budget estimate, 2019................................... 4,320,000
Committee recommendation................................ 4,370,000
The Committee's recommendation provides $4,370,000 for the
Office of the National Science Board. The recommendation is the
same as the fiscal year 2018 enacted level and $50,000 above
the budget request.
The National Science Board is the governing body of NSF and
is charged with serving as an independent adviser to the
President and Congress on policy matters related to science and
engineering research and education.
Operations and Maintenance Costs.--The Committee notes the
report requested in fiscal year 2018 on whether the issue of
increasing operations and maintenance costs for large
facilities merits a change in NSF's funding principles was
released on May 24, 2018. The Committee stands ready to
consider any formal proposals made by the Board and the
Foundation during the fiscal year 2020 budget process.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2018.................................... $15,200,000
Budget estimate, 2019................................... 15,350,000
Committee recommendation................................ 15,350,000
The Committee's recommendation provides $15,350,000 for the
Office of Inspector General [OIG]. The recommendation is
$150,000 above the fiscal year 2018 enacted level and the same
as the budget request.
The OIG appropriation provides audit and investigation
functions to identify and correct deficiencies that could lead
to instances of fraud, waste, or mismanagement.
ADMINISTRATIVE PROVISION
The bill includes one administrative provision to allow
limited transfers of funds among accounts.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
Appropriations, 2018.................................... $9,700,000
Budget estimate, 2019................................... 9,200,000
Committee recommendation................................ 10,065,000
The Committee's recommendation provides $10,065,000 for the
salaries and expenses of the Commission on Civil Rights,
$365,000 above the fiscal year 2018 enacted level and $865,000
above the request.
State Advisory Committees [SAC].--The SACs represent the
eyes and ears of the Commission in their respective States. The
Committee is pleased with the Commission's decision to extend
all existing SAC charters from 2 years to 4 years and looks
forward to the improvements in work quality that can be
attributed to this change. In order to facilitate these
improvements, additional funding has been provided to allow
each of the SACs to hold at least one face-to-face meeting
annually and to enable the Commission to provide the SACs with
appropriate support in order accomplish this goal.
Donations.--The Commission shall provide to the Committee
quarterly updates on all gifts and donations, as well as the
terms of and specific activities funded by the gift or
donation. Additionally, anticipated funding from gifts or
donations shall be included in the Commission's annual spend
plan.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
Appropriations, 2018.................................... $379,500,000
Budget estimate, 2019................................... 363,807,000
Committee recommendation................................ 379,500,000
The Committee's recommendation provides $379,500,000 for
Equal Employment Opportunity Commission [EEOC] salaries and
expenses. This recommendation is the same as the fiscal year
2018 enacted level and $15,693,000 above the request.
The EEOC is the leading Federal agency dedicated to
eradicating employment discrimination in both the public and
private sectors on the basis of race, color, national origin,
sex, religion, pregnancy, age, disability, and family medical
history or genetic information. The EEOC serves both U.S.
public and private workplaces by helping provide a fair and
inclusive workplace, which engenders employee satisfaction and
commitment, and enhances employee retention, productivity, and
profitability.
Inventory Backlog Reduction.--The Committee notes that at
the end of fiscal year 2017 the EEOC had a private sector
inventory of 61,621 cases and a substantial Federal sector
hearing inventory. While this represents a significant decrease
in the inventory backlog, it still represents a substantial
number of unresolved cases. Using appropriated funds for
activities that do not directly resolve this backlog of
existing and incoming claims denies cases with complainants the
opportunity of a timely resolution. EEOC's own budget
submission states that justice delayed is justice denied.
Therefore, the Committee directs the EEOC to prioritize its
staffing and resources toward reducing the number of current
and outstanding unresolved private sector pending charges and
public sector hearings. Further, EEOC is directed to report to
the Committee within 30 days of enactment on the number of A,
B, and C charges for each of the last 5 fiscal years.
Public Comment on EEOC Guidance.--The Committee is
concerned that as the EEOC conducts its business in protecting
against employment discrimination, its guidance proposals can
be adopted without the opportunity of public input prior to
implementation and enforcement. Therefore, if requested by at
least two Commissioners, the EEOC shall make any new guidance
available for public comment in the Federal Register for not
less than 30 days prior to taking any potential action on
proposed guidance.
State and Local Enforcement Assistance.--The Committee
recommends up to $29,500,000 to assist State and local
enforcement agencies. This will help ensure that EEOC provides
adequate resources to its State partners.
International Trade Commission
SALARIES AND EXPENSES
Appropriations, 2018.................................... $93,700,000
Budget estimate, 2019................................... 87,615,000
Committee recommendation................................ 95,000,000
The Committee's recommendation provides $95,000,000. The
recommendation is $1,300,000 above the fiscal year 2018 enacted
level and is $7,385,000 above the budget request.
ITC is an independent, quasi-judicial agency responsible
for conducting trade-related investigations and providing
Congress and the President with independent technical advice
related to U.S. international trade policy. The Committee
reminds the administration and the Office of Management and
Budget that Congress granted ITC specific bypass authority for
submitting its budget estimate to the Legislative Branch,
pursuant to section 175 of the Trade Act of 1974. Therefore,
all future budget estimates for ITC shall be transmitted to
Congress without revision by the President, pursuant to such
act.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
Appropriations, 2018.................................... $410,000,000
Budget estimate, 2019................................... 18,200,000
Committee recommendation................................ 410,000,000
The Committee's recommendation rejects the proposal to
terminate the payment to LSC and provides $410,000,000 for
payment to LSC. The recommendation is the same as the fiscal
year 2018 enacted level and $391,800,000 above the President's
budget request.
The Committee's recommendation provides $376,000,000 for
basic field programs, to be used for competitively awarded
grants and contracts; $19,400,000 for management and
administration; $4,000,000 for client self-help and information
technology; $5,100,000 for OIG; $1,000,000 for loan repayment
assistance; and $4,500,000 for LSC's Pro Bono Innovation Fund.
Governance and Management.--LSC must continue to improve
its governance and management in order to further restore the
transparency of the organization and direct additional funds
into legal aid, where resources are desperately needed. The
Committee expects the Inspector General of LSC to continue
conducting annual audits of LSC grantees to ensure that funds
are not being used in contravention of the restrictions by
which LSC grantees are required to abide.
Pro Bono Innovation Fund.--The Committee's recommendation
provides no less than $4,500,000 to continue the Pro Bono
Innovation Fund. This fund supports innovative projects that
promote and enhance pro bono initiatives throughout the Nation,
as well as leverages Federal dollars to increase free legal aid
for low-income Americans by engaging private attorneys.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The Committee's recommendation continues the administrative
provisions contained in the fiscal year 1998 appropriations act
(Public Law 105-119) regarding operation of this program to
provide basic legal services to disadvantaged individuals and
the restrictions on the use of LSC funds.
LSC funds cannot be used to engage in litigation and
related activities with respect to a variety of matters
including: (1) redistricting; (2) class action suits; (3)
representation of illegal aliens; (4) political activities; (5)
abortion; (6) prisoner litigation; (7) welfare reform; (8)
representation of charged drug dealers during eviction
proceedings; and (9) solicitation of clients. The exception to
the restrictions occurs in a case where there is imminent
threat of physical harm to the client or prospective client.
Marine Mammal Commission
SALARIES AND EXPENSES
Appropriations, 2018.................................... $3,431,000
Budget estimate, 2019................................... 2,449,000
Committee recommendation................................ 4,200,000
The Committee rejects the proposed elimination of the
Marine Mammal Commission and instead provides $4,200,000. The
recommendation is $769,000 above the fiscal year 2018 enacted
level and $1,751,000 above the budget request.
The Marine Mammal Commission and its Committee of
Scientific Advisors on Marine Mammals provide oversight and
recommend actions on domestic and international topics to
advance policies and provisions of the Marine Mammal Protection
Act. The Commission provides precise, up-to-date scientific
information to Congress on issues related to the safety of
marine mammals.
Office of the United States Trade Representative
SALARIES AND EXPENSES
Appropriations, 2018.................................... $57,600,000
Budget estimate, 2019................................... 63,000,000
Committee recommendation................................ 57,600,000
The Committee's recommendation provides $57,600,000 for the
Office of the United States Trade Representative [USTR]. The
recommendation is equal to the fiscal year 2018 enacted level
and $5,400,000 below the budget request. USTR is responsible
for developing and leading international negotiations for the
United States on policies regarding international trade, direct
investment, and commodities. Its areas of responsibility
include all matters relating to the World Trade Organization;
trade, commodity, and direct investment matters dealt with by
certain international institutions; industrial, agricultural,
and services trade policy; and trade-related protection of
intellectual property and the environment.
Within funds provided, the Committee continues to support
USTR's accepting full financial responsibilities of the
Interagency Center on Trade Implementation, Monitoring, and
Enforcement (formerly named the Interagency Trade Enforcement
Center) in fiscal year 2019.
Trade and Agricultural Exports.--The Committee supports
efforts to reduce foreign tariffs and non-tariff trade barriers
for U.S. agricultural exports, including the strong enforcement
of trade rules and regulations. However, the Committee is
concerned trade actions resulting in decreased foreign market
access for U.S. agricultural products due to retaliation
threaten to harm our Nation's farmers and ranchers. The
Committee urges USTR and Secretary of Commerce to fully
evaluate and consider the impact foreign tariffs and other
retaliatory actions have on U.S. farmers and ranchers when
negotiating with trade partners and in making trade related
decisions.
De Minimis Thresholds.--The Committee recognizes that the
current disparity in de minimis thresholds have a
disproportionate impact on small businesses, who often take
advantage of e-commerce to send low-value shipments to
customers in foreign countries. USTR is encouraged to consider
these impacts when negotiating with trading partners to address
excessively low de minimis thresholds.
Economy Act Transfers.--USTR is directed to continue
isolating Economy Act payments as individual transfers and to
submit documentation of and justification for all Economy Act
transfers, regardless of amount, to and from other Federal
agencies, to the Committees not less than 15 days before such
transfers of sums are made.
Travel.--USTR is directed to provide monthly travel reports
detailing all trips outside of the United States, including the
purposes and costs of such trips. Additionally, USTR shall
continue to provide the Committee with quarterly reports
outlining the status of ongoing trade negotiations, enforcement
activities, and objectives achieved for existing trade
agreements.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2018.................................... $15,000,000
Budget estimate, 2019...................................................
Committee recommendation................................ 15,000,000
The Committee's recommendation provides $15,000,000 for the
Trade Enforcement Trust Fund as authorized under the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
125). The recommendation is equal to the fiscal year 2018
enacted level and $15,000,000 above the budget request.
Trade Enforcement Trust Fund.--The Committee supports
efforts to enforce U.S. rights under trade agreements and to
increase compliance of U.S. trade partners. The Committee
requests USTR provide a breakdown of expenses for the Trade
Enforcement Trust Fund's activities such as: the number of
positions supported by the funding; a detailed list of the
enforcement actions taken by the Trust Fund since 2015, such as
the initiation of consultations with trading partners; the
filing of World Trade Organization cases; the commencement of
dispute settlement proceedings under free trade agreements; and
other enforcement actions not listed here but deemed necessary
for the Committee's review.
State Justice Institute
SALARIES AND EXPENSES
Appropriations, 2018.................................... $5,121,000
Budget estimate, 2019................................... 6,921,000
Committee recommendation................................ 6,121,000
The Committee's recommendation provides $6,121,000 for the
State Justice Institute. The recommendation is $1,000,000 above
the fiscal year 2018 enacted level and $800,000 below the
budget request.
The Institute was created in 1984 to further the
development and adoption of improved judicial administration in
State courts.
State Courts Response to the Opioid Epidemic and the Impact
on Children.--In addition to base funding, the recommendation
includes an additional $1,000,000 above the fiscal year 2018
level for activities that can improve State court responses to
the opioid epidemic, particularly with respect to children and
families affected by opioids. Expected activities include
implementation of pilot programs that focus on reducing trauma
and promoting safe and timely placement of children;
partnerships that explore placing children with relatives
across State lines; promoting evidence-based prevention and
intervention strategies for infants exposed to opioids and
other substance abuse; identification of best practices,
pilots, and evaluation of early intervention strategies for
parents with substance abuse issues at risk of losing their
children; education of judges, court staff, foster parents, and
others on identification and early intervention strategies in
cases that involve young children of parents with opioid use
disorder; and partnerships with State Prescription Drug
Monitoring Programs and child welfare agencies to pilot data
sharing initiatives to improve services to children and
families.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the following general provisions
for the departments, agencies and commissions funded in the
accompanying act. Similar provisions were included in the
fiscal year 2018 act.
Section 501 prohibits the use of appropriations for certain
publicity and propaganda purposes.
Section 502 prohibits any appropriations contained in this
act from remaining available for obligation beyond the current
fiscal year unless expressly provided.
Section 503 limits funds for certain consulting purposes.
Section 504 provides that, should any provision of the act
be held to be invalid, the remainder of the act would not be
affected.
Section 505 stipulates the policy and procedures by which
funding available to the agencies funded under this act may be
reprogrammed for other purposes.
Section 506 provides for a penalty for persons found to
have falsely mislabeled products.
Section 507 requires agencies to provide quarterly reports
to the Appropriations Committees regarding unobligated
balances.
Section 508 requires agencies and departments funded in
this act to absorb any necessary costs related to downsizing or
consolidation within the amounts provided to the agency or
department.
Section 509 limits funds for the sale or export of tobacco
or tobacco products.
Section 510 stipulates obligation of receipts and the use
of certain funds for victim services available under the Crime
Victims Fund.
Of the funds set aside for Indian tribes, the Committee
expects that the Office for Victims of Crime [OVC] will award
such funds to Indian tribes that have not been designated high-
risk grantees by the Department of Justice and that comply with
grant application requirements. OVC is expected to provide
instructional model grant applications and other guidance to
aid tribes in preparing grant applications. Grant-receiving
tribes will need to certify that grant funds will not be used
to supplant funds otherwise available for tribal victim
assistance so that OVC can ensure grant accountability and that
grants are being used effectively to improve services for
tribal victims of crime.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against, denigrate, or
otherwise undermine the religious beliefs of students
participating in such programs.
Section 512 limits transfers of funds between agencies.
Section 513 requires the Inspectors General of the
Departments of Commerce and Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation to conduct reviews of activities
funded in this act and requires certifications regarding
conflicts of interest.
Section 514 prohibits funds for certain telecommunications
and information technology acquisitions unless the acquiring
department or agency has assessed the supply chain risk of the
technology, including risks from technology originating in
China, Russia, Iran, and North Korea.
Section 515 prohibits the use of funds to support or
justify the use of torture.
Section 516 limits funds pertaining to certain activities
related to the export of firearms.
Section 517 limits funds that would deny permits to import
certain products.
Section 518 prohibits funds for activities that seek to
include certain language in new trade agreements.
Section 519 prohibits funds to authorize a national
security letter in contravention of the statutes authorizing
the FBI to issue national security letters.
Section 520 requires notification to the Committees in the
event of cost overruns.
Section 521 authorizes funds appropriated for intelligence
activities for the Department of Justice during fiscal year
2019 until the enactment of the Intelligence Authorization Act
for Fiscal Year 2019.
Section 522 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee has
certified in writing that he or she has filed all Federal tax
returns, has not been convicted of a criminal offense under the
IRS Code of 1986, and has no unpaid Federal tax assessment.
Section 523 specifies rescissions of prior appropriations.
Section 524 provides for a rescission from defunct NASA
accounts.
Section 525 prohibits the use of funds to purchase first
class or premium airline travel in contravention of current
regulations and improves reporting.
Section 526 prohibits the use of funds to pay for the
attendance of more than 50 employees at any single conference
outside the United States and limits the cost of any such
conference incurred by an agency.
Section 527 prohibits the use of funds in this act for the
transfer or release of certain individuals detained at Naval
Station, Guantanamo Bay, Cuba, to or within the United States,
its territories or possessions.
Section 528 prohibits the use of funds in this act to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at Naval
Station, Guantanamo Bay, Cuba, for the purposes of detention or
imprisonment in the custody or control of the Department of
Defense.
Section 529 requires agencies funded in this act to report
on undisbursed balances.
Section 530 prohibits the use of funds by the National
Aeronautics and Space Administration [NASA] or the Office of
Science and Technology Policy [OSTP] to engage in bilateral
activities with China or a Chinese-owned company or effectuate
the hosting of official Chinese visitors at certain facilities
unless the activities are authorized by subsequent legislation
or NASA or OSTP have made a certification pursuant to
subsections (c) and (d) of this section.
Section 531 prohibits funds made available by this act from
being used to deny the importation of certain shotgun models.
Section 532 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement purposes.
Section 533 requires departments and agencies funded in
this bill to submit spending plans to the House and Senate
Appropriations Committees within 45 days of enactment of this
act.
Section 534 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 535 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract. The Committee directs any head of any executive
branch department, agency, board, commission, or office funded
by this act to require that all contracts within their purview
that provide award fees to link such fees to successful
acquisition outcomes, specifying the terms of cost, schedule,
and performance.
Section 536 prohibits the use of funds by the Department of
Justice to prevent States from implementing laws related to a
certain section of the Agricultural Act of 2014.
Section 537 prohibits the use of funds by the Department of
Justice to prevent States from implementing State laws related
to medical marijuana.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Rule XVI, paragraph 7 requires that every report on a
general appropriation bill filed by the Committee must identify
items of appropriation not made to carry out the provisions of
an existing law, a treaty stipulation, or an act or resolution
previously passed by the Senate during that session.
The Committee recommends funding for the following programs
or activities that currently lack an authorization for fiscal
year 2019, either in whole or in part, and therefore fall under
this rule:
APPROPRIATIONS NOT AUTHORIZED BY LAW--FISCAL YEAR 2019
------------------------------------------------------------------------
Last year of
Agency/program authorization
------------------------------------------------------------------------
Department of Commerce:
International Trade Administration:
Export Promotion................................ 1996
Bureau of Industry and Security:
Export Administration........................... 2001
Economic Development Administration:
Salaries and Expenses........................... 2008
Economic Development Assistance Programs:
Public Works and Economic Development....... 2008
Bureau of the Census:
Salaries and Expenses........................... 2015
National Telecommunications and Information
Administration:
Salaries and Expenses........................... 1993
National Institute of Standards and Technology:
Scientific and Technical Research and Services.. 2013
Industrial Technology Services.................. 2013
Construction of Research Facilities............. 2013
National Oceanic and Atmospheric Administration:
Operations, Research, and Facilities:
National Ocean Service:
Coral Reef Conservation................. 2004
Hydrographic Services................... 2007
Coastal Zone Management................. 1999
Marine Protection, Research, 2005
Preservation & Sanctuaries.............
National Marine Fisheries Service:
Endangered Species Act Amendment........ 1992
Marine Mammal Protection................ 1999
NOAA Marine Fisheries Program........... 2000
Interjurisdictional Fisheries........... 2012
Magnuson-Stevens Fishery Conservation 2013
and Management.........................
Estuary Restoration..................... 2012
Oceanic and Atmospheric Research:
National Sea Grant College Program...... 2008
Procurement, Acquisition and Construction:
National Ocean Service:
Marine Protection, Research, 2005
Preservation & Sanctuaries.............
Department of Justice:
General Administration:
Salaries and Expenses........................... 2009
Justice Information Sharing Technology.......... 2009
Administrative Review & Appeals:
Salaries and Expenses........................... 2009
Office of Inspector General:
Salaries and Expenses........................... 2009
U.S. Parole Commission:
Salaries and Expenses........................... 2009
Legal Activities:
General Legal Activities:
Salaries and Expenses....................... 2009
Antitrust Division:
Salaries and Expenses....................... 2009
U.S. Attorneys:
Salaries and Expenses....................... 2009
Foreign Claims Settlement Commission:
Salaries and Expenses....................... 2009
Fees and Expenses of Witnesses.................. 2009
Community Relations Service:
Salaries and Expenses....................... 2009
Assets Forfeiture Fund Current Budget Authority. 2009
U.S. Marshals Service............................... 2009
Salaries and Expenses........................... N/A
Federal Prison Detention........................ N/A
Construction.................................... N/A
National Security Division:
Salaries and Expenses........................... N/A
Interagency Law Enforcement:
Interagency Crime and Drug Enforcement.......... 2009
Federal Bureau of Investigation..................... 2009
Salaries and Expenses........................... N/A
Construction.................................... N/A
Drug Enforcement Administration:
Salaries and Expenses........................... 2009
Bureau of Alcohol, Tobacco, Firearms and Explosives:
Salaries and Expenses........................... 2009
Federal Prison System............................... 2009
Salaries and Expenses........................... N/A
Buildings and Facilities........................ N/A
Office on Violence Against Women Programs:
National Institute of Justice Research and N/A
Evaluation on Violence Against Women...........
Consolidated Youth Oriented Program............. N/A
Homicide Reduction Initiative............... N/A
Research--Violence Against Indian Women......... 2015
Sexual Assault in Indian Country Clearinghouse.. N/A
Office of Justice Programs:
Research, Evaluation, and Statistics:
National Institute of Justice............... 1995
Bureau of Justice Statistics................ 1995
State and Local Law Enforcement Assistance:
Byrne Memorial Justice Assistance Grants........ 2012
Body-Worn Camera Partnership................ N/A
VALOR Initiative............................ N/A
Smart Policing.............................. N/A
Smart Prosecution........................... N/A
John R. Justice Grant Program................... 2014
Adam Walsh Act.................................. 2009
State Criminal Alien Assistance Program......... 2011
Residential Substance Abuse Treatment........... 2000
Drug Courts..................................... 2008
Economic, High Tech, White Collar and Cybercrime N/A
Prevention.....................................
Second Chance Act/Offender Reentry.............. 2010
Smart Probation............................. N/A
Children of Incarcerated Parents Demo Grants N/A
Pay for Success (Discretionary)............. N/A
Pay for Success (Permanent Supportive N/A
Housing Model).............................
National Sex Offender Website................... N/A
Veterans Treatment Courts Program............... N/A
Rape Kit Backlog................................ N/A
Justice Reinvestment Initiative................. N/A
Project HOPE Opportunity Probation with N/A
Enforcement....................................
Juvenile Justice Programs:
Part B--State Formula........................... 2007
Emergency Planning in Juvenile Justice N/A
Facilities.................................
Title V--Local Delinquency Prevention Incentive 2008
Grants.........................................
Gang/Youth Violence Education and Prevention N/A; 2007
Missing and Exploited Children Programs......... 2004; 2019
Competitive Grants for Girls in the Justice N/A; 2007
System.........................................
Children of Incarcerated Parents Web Portal..... 2007
COPS Programs:
COPS Hiring Program............................. 2009
Regional Information Sharing Activities......... 2003
Anti-Methamphetamine Task Forces................ N/A
Anti-Heroin Task Forces......................... N/A
National Aeronautics and Space Administration:
Science............................................. 2018
Aeronautics......................................... 2018
Exploration......................................... 2018
Space Operations.................................... 2018
Education........................................... 2018
Safety, Security and Mission Services............... 2018
Construction and Environmental Compliance and 2018
Restoration........................................
Office of the Inspector General..................... 2018
National Science Foundation............................. 2013
Related Agencies:
U.S. Equal Employment Opportunity Commission:
Salaries and Expenses........................... 2000
Commission on Civil Rights:
Salaries and Expenses........................... 1995
International Trade Commission:
Salaries and Expenses........................... 2004
Payment to the Legal Services Corporation:
Salaries and Expenses........................... 1980
Marine Mammal Commission:
Salaries and Expenses........................... 1999
Office of the U.S. Trade Representative:
Salaries and Expenses........................... 2004
State Justice Institute:
Salaries and Expenses........................... 2008
------------------------------------------------------------------------
\1\NOAA authorizations are spread across over 60 separate statutory
authorities. In many cases, the authorizations do not match exactly to
specific programs.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on June 14, 2018,
the Committee ordered favorably reported a bill (S. 3072)
making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2019, and for other purposes, provided,
that the bill be subject to amendment and that the bill be
consistent with its budget allocation, and provided that the
Chairman of the Committee or his designee be authorized to
offer the substance of the original bill as a Committee
amendment in the nature of a substitute to the House companion
measure, by a recorded vote of 30-1, a quorum being present.
The vote was as follows:
Yeas Nays
Chairman Shelby Mr. Lankford
Mr. McConnell
Mr. Alexander
Ms. Collins
Ms. Murkowski
Mr. Graham
Mr. Blunt
Mr. Moran
Mr. Hoeven
Mr. Boozman
Mrs. Capito
Mr. Daines
Mr. Kennedy
Mr. Rubio
Mrs. Hyde-Smith
Mr. Leahy
Mrs. Murray
Mrs. Feinstein
Mr. Durbin
Mr. Reed
Mr. Tester
Mr. Udall
Mrs. Shaheen
Mr. Merkley
Mr. Coons
Mr. Schatz
Ms. Baldwin
Mr. Murphy
Mr. Manchin
Mr. Van Hollen
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of the rule XXVI requires that Committee
reports on a bill or joint resolution repealing or amending any
statute or part of any statute include ``(a) the text of the
statute or part thereof which is proposed to be repealed; and
(b) a comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which would
be made by the bill or joint resolution if enacted in the form
recommended by the Committee.''
In compliance with this rule, no changes to existing law
are displayed because this bill proposes no changes.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
-------------------------------------------------------
Committee Amount in Committee Amount in
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with the subcommittee
allocation for 2019: Subcommittee on Commerce, Justice,
Science, and Related Agencies:
Mandatory........................................... 319 319 332 \1\332
Discretionary....................................... 62,995 62,995 70,863 \1\70,863
Security........................................ 5,400 5,400 NA NA
Nonsecurity..................................... 57,595 57,595 NA NA
Projection of outlays associated with the
recommendation:
2019................................................ ............ ............ ............ \2\46,063
2020................................................ ............ ............ ............ 14,874
2021................................................ ............ ............ ............ 4,391
2022................................................ ............ ............ ............ 1,249
2023 and future years............................... ............ ............ ............ 4,968
Financial assistance to State and local governments for NA -5,204 NA \2\180
2019...................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2018 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2019
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2018 Budget estimate Committee -----------------------------------
appropriation recommendation 2018
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE I--DEPARTMENT OF COMMERCE
International Trade Administration
Operations and administration................................. 495,000 451,147 499,000 +4,000 +47,853
Offsetting fee collections.................................... -13,000 -11,000 -11,000 +2,000 ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................... 482,000 440,147 488,000 +6,000 +47,853
Bureau of Industry and Security
Operations and administration................................. 75,500 81,647 82,600 +7,100 +953
Defense function.......................................... 38,000 39,000 39,000 +1,000 ................
-----------------------------------------------------------------------------------------
Total, Bureau of Industry and Security.................. 113,500 120,647 121,600 +8,100 +953
=========================================================================================
Economic Development Administration
Economic development assistance programs...................... 262,500 ................ 266,500 +4,000 +266,500
Salaries and expenses......................................... 39,000 14,937 39,000 ................ +24,063
-----------------------------------------------------------------------------------------
Total, Economic Development Administration.............. 301,500 14,937 305,500 +4,000 +290,563
=========================================================================================
Minority Business Development Agency
Minority business development................................. 39,000 10,000 39,000 ................ +29,000
Economic and Statistical Analysis
Salaries and expenses......................................... 99,000 100,987 102,000 +3,000 +1,013
Bureau of the Census
Current surveys and programs.................................. 270,000 249,125 270,000 ................ +20,875
Periodic censuses and programs (new structure)................ 2,544,000 3,551,388 3,551,388 +1,007,388 ................
-----------------------------------------------------------------------------------------
Total, Bureau of the Census............................. 2,814,000 3,800,513 3,821,388 +1,007,388 +20,875
=========================================================================================
National Telecommunications and Information Administration
Salaries and expenses......................................... 39,500 33,646 39,500 ................ +5,854
United States Patent and Trademark Office
Salaries and expenses, current year fee funding............... 3,500,000 3,370,000 3,370,000 -130,000 ................
Offsetting fee collections.................................... -3,500,000 -3,370,000 -3,370,000 +130,000 ................
-----------------------------------------------------------------------------------------
Total, United States Patent and Trademark Office........ ................ ................ ................ ................ ................
=========================================================================================
National Institute of Standards and Technology
Scientific and technical research and services................ 724,500 573,429 724,500 ................ +151,071
Industrial technology services................................ 155,000 15,094 155,000 ................ +139,906
Manufacturing extension partnerships...................... (140,000) ................ (140,000) ................ (+140,000)
National Network for Manufacturing Innovation............. (15,000) ................ (15,000) ................ (+15,000)
Construction of research facilities........................... 319,000 40,549 158,000 -161,000 +117,451
Working Capital Fund (by transfer)............................ (9,000) (9,000) (9,000) ................ ................
-----------------------------------------------------------------------------------------
Total, National Institute of Standards and Technology... 1,198,500 629,072 1,037,500 -161,000 +408,428
=========================================================================================
National Oceanic and Atmospheric Administration
Operations, research, and facilities.......................... 3,536,331 2,937,753 3,599,126 +62,795 +661,373
(By transfer)............................................. (144,000) (144,000) (157,980) (+13,980) (+13,980)
-----------------------------------------------------------------------------------------
Subtotal................................................ 3,536,331 2,937,753 3,599,126 +62,795 +661,373
Procurement, acquisition and construction..................... 2,290,684 1,623,006 1,806,479 -484,205 +183,473
Pacific coastal salmon recovery............................... 65,000 ................ 70,000 +5,000 +70,000
Fishermen's Contingency Fund.................................. 349 349 349 ................ ................
Fishery Disaster Assistance................................... 20,000 ................ 15,000 -5,000 +15,000
Fisheries Finance Program Account............................. -3,000 -8,000 -8,000 -5,000 ................
-----------------------------------------------------------------------------------------
Total, National Oceanic and Atmospheric Administration.. 5,909,364 4,553,108 5,482,954 -426,410 +929,846
=========================================================================================
Departmental Management
Salaries and expenses......................................... 63,000 58,994 63,000 ................ +4,006
Renovation and modernization.................................. 45,130 2,796 38,612 -6,518 +35,816
Office of Inspector General................................... 32,744 32,030 32,744 ................ +714
-----------------------------------------------------------------------------------------
Total, Departmental Management.......................... 140,874 93,820 134,356 -6,518 +40,536
=========================================================================================
Total, title I, Department of Commerce.................. 11,137,238 9,796,877 11,571,798 +434,560 +1,774,921
(By transfer)....................................... 153,000 153,000 166,980 +13,980 +13,980
=========================================================================================
TITLE II--DEPARTMENT OF JUSTICE
General Administration
Salaries and expenses......................................... 114,000 114,207 114,000 ................ -207
Justice information sharing technology........................ 35,000 31,713 35,000 ................ +3,287
-----------------------------------------------------------------------------------------
Total, General Administration........................... 149,000 145,920 149,000 ................ +3,080
=========================================================================================
Executive Office for Immigration Review....................... 504,500 563,407 563,407 +58,907 ................
Transfer from immigration examinations fee account........ -4,000 -4,000 -4,000 ................ ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 500,500 559,407 559,407 +58,907 ................
Office of Inspector General................................... 97,250 95,866 99,195 +1,945 +3,329
United States Parole Commission
Salaries and expenses......................................... 13,308 12,672 13,308 ................ +636
Legal Activities
Salaries and expenses, general legal activities............... 897,500 891,836 910,500 +13,000 +18,664
Vaccine Injury Compensation Trust Fund........................ 10,000 9,340 10,000 ................ +660
Salaries and expenses, Antitrust Division..................... 164,977 164,663 164,977 ................ +314
Offsetting fee collections--current year.................. -126,000 -136,000 -136,000 -10,000 ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 38,977 28,663 28,977 -10,000 +314
=========================================================================================
Salaries and expenses, United States Attorneys................ 2,136,750 2,105,182 2,179,485 +42,735 +74,303
United States Trustee System Fund............................. 225,908 223,221 225,908 ................ +2,687
Offsetting fee collections................................ -135,000 -360,000 -360,000 -225,000 ................
New fees (Sec. 3004, Public Law 115-72)................... -96,000 ................ ................ +96,000 ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. -5,092 -136,779 -134,092 -129,000 +2,687
=========================================================================================
Salaries and expenses, Foreign Claims Settlement Commission... 2,409 2,409 2,409 ................ ................
Fees and expenses of witnesses................................ 270,000 270,000 270,000 ................ ................
Salaries and expenses, Community Relations Service............ 15,500 ................ 15,500 ................ +15,500
Assets Forfeiture Fund........................................ 20,514 20,514 20,514 ................ ................
-----------------------------------------------------------------------------------------
Total, Legal Activities................................. 3,386,558 3,191,165 3,303,293 -83,265 +112,128
=========================================================================================
United States Marshals Service
Salaries and expenses......................................... 1,311,492 1,270,371 1,377,409 +65,917 +107,038
Construction.................................................. 53,400 14,971 35,000 -18,400 +20,029
Federal Prisoner Detention.................................... 1,536,000 1,536,000 1,536,000 ................ ................
-----------------------------------------------------------------------------------------
Total, United States Marshals Service................... 2,900,892 2,821,342 2,948,409 +47,517 +127,067
=========================================================================================
National Security Division
Salaries and expenses......................................... 101,031 101,369 101,369 +338 ................
Interagency Law Enforcement
Interagency Crime and Drug Enforcement........................ 542,850 521,563 521,563 -21,287 ................
Federal Bureau of Investigation
Salaries and expenses......................................... 3,663,553 3,599,403 3,663,553 ................ +64,150
Counterintelligence and national security................. 5,366,649 5,272,677 5,366,649 ................ +93,972
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses......................... 9,030,202 8,872,080 9,030,202 ................ +158,122
Construction.................................................. 370,000 51,895 385,000 +15,000 +333,105
-----------------------------------------------------------------------------------------
Total, Federal Bureau of Investigation.................. 9,400,202 8,923,975 9,415,202 +15,000 +491,227
=========================================================================================
Drug Enforcement Administration
Salaries and expenses......................................... 2,609,900 2,608,162 2,654,836 +44,936 +46,674
Diversion control fund.................................... -419,574 -420,703 -420,703 -1,129 ................
-----------------------------------------------------------------------------------------
Total, Drug Enforcement Administration.................. 2,190,326 2,187,459 2,234,133 +43,807 +46,674
=========================================================================================
High Intensity Drug Trafficking Areas Program................. ................ 254,000 ................ ................ -254,000
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and expenses......................................... 1,293,776 1,316,678 1,316,678 +22,902 ................
Federal Prison System
Salaries and expenses......................................... 7,114,000 7,042,328 7,256,280 +142,280 +213,952
Buildings and facilities...................................... 161,571 99,000 274,000 +112,429 +175,000
Limitation on administrative expenses, Federal Prison 2,700 2,700 2,700 ................ ................
Industries, Incorporated.....................................
-----------------------------------------------------------------------------------------
Total, Federal Prison System............................ 7,278,271 7,144,028 7,532,980 +254,709 +388,952
=========================================================================================
State and Local Law Enforcement Activities
Office on Violence Against Women:
Prevention and prosecution programs....................... ................ ................ ................ ................ ................
(By transfer)......................................... (492,000) ................ (497,500) (+5,500) (+497,500)
Office of Justice Programs:
Research, evaluation and statistics....................... 90,000 77,000 90,000 ................ +13,000
State and local law enforcement assistance................ 1,677,500 1,132,500 1,678,500 +1,000 +546,000
Juvenile justice programs................................. 282,500 229,500 297,000 +14,500 +67,500
Public safety officer benefits:
Death benefits........................................ 92,000 104,000 104,000 +12,000 ................
Disability and education benefits..................... 24,800 16,300 24,800 ................ +8,500
-----------------------------------------------------------------------------------------
Subtotal............................................ 116,800 120,300 128,800 +12,000 +8,500
-----------------------------------------------------------------------------------------
Total, Office of Justice Programs................... 2,166,800 1,559,300 2,194,300 +27,500 +635,000
=========================================================================================
Community Oriented Policing Services:
COPS programs............................................. 275,500 ................ 310,000 +34,500 +310,000
-----------------------------------------------------------------------------------------
Total, State and Local Law Enforcement Activities....... 2,442,300 1,559,300 2,504,300 +62,000 +945,000
=========================================================================================
Total, title II, Department of Justice.................. 30,296,264 28,834,744 30,698,837 +402,573 +1,864,093
=========================================================================================
TITLE III--SCIENCE
Office of Science and Technology Policy....................... 5,544 5,544 5,544 ................ ................
National Space Council........................................ 1,965 1,965 1,965 ................ ................
National Aeronautics and Space Administration
Science....................................................... 6,221,500 5,895,000 6,400,300 +178,800 +505,300
Aeronautics................................................... 685,000 633,900 725,000 +40,000 +91,100
Space Technology.............................................. 760,000 ................ 932,800 +172,800 +932,800
Exploration Research and Technology........................... ................ 1,002,700 ................ ................ -1,002,700
Exploration................................................... 4,790,000 ................ 5,338,700 +548,700 +5,338,700
Deep Space Exploration Systems................................ ................ 4,558,800 ................ ................ -4,558,800
Space Operations.............................................. 4,751,500 ................ 4,639,100 -112,400 +4,639,100
LEO and Spaceflight Operations................................ ................ 4,624,600 ................ ................ -4,624,600
STEM Opportunities formerly Education......................... 100,000 ................ 110,000 +10,000 +110,000
Safety, Security and Mission Services......................... 2,826,900 2,749,700 2,750,000 -76,900 +300
Construction and environmental compliance and restoration..... 562,240 388,200 388,200 -174,040 ................
Office of Inspector General................................... 39,000 39,300 39,300 +300 ................
-----------------------------------------------------------------------------------------
Total, National Aeronautics and Space Administration.... 20,736,140 19,892,200 21,323,400 +587,260 +1,431,200
=========================================================================================
National Science Foundation
Research and related activities............................... 6,263,476 6,079,680 6,485,183 +221,707 +405,503
Defense function.......................................... 71,000 71,000 71,000 ................ ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 6,334,476 6,150,680 6,556,183 +221,707 +405,503
Major research equipment and facilities construction.......... 182,800 94,650 249,254 +66,454 +154,604
Education and human resources................................. 902,000 873,370 915,000 +13,000 +41,630
Agency operations and award management........................ 328,510 333,630 328,510 ................ -5,120
Office of the National Science Board.......................... 4,370 4,320 4,370 ................ +50
Office of Inspector General................................... 15,200 15,350 15,350 +150 ................
-----------------------------------------------------------------------------------------
Total, National Science Foundation...................... 7,767,356 7,472,000 8,068,667 +301,311 +596,667
=========================================================================================
Total, title III, Science............................... 28,511,005 27,371,709 29,399,576 +888,571 +2,027,867
=========================================================================================
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
Salaries and expenses......................................... 9,700 9,200 10,065 +365 +865
Equal Employment Opportunity Commission
Salaries and expenses......................................... 379,500 363,807 379,500 ................ +15,693
International Trade Commission
Salaries and expenses......................................... 93,700 87,615 95,000 +1,300 +7,385
Legal Services Corporation
Payment to the Legal Services Corporation..................... 410,000 18,200 410,000 ................ +391,800
Marine Mammal Commission
Salaries and expenses......................................... 3,431 2,449 4,200 +769 +1,751
Office of the U.S. Trade Representative
Salaries and expenses......................................... 57,600 63,000 57,600 ................ -5,400
Trade Enforcement Trust Fund.................................. 15,000 ................ 15,000 ................ +15,000
State Justice Institute
Salaries and expenses......................................... 5,121 6,921 6,121 +1,000 -800
=========================================================================================
Total, title IV, Related Agencies....................... 974,052 551,192 977,486 +3,434 +426,294
=========================================================================================
TITLE V--GENERAL PROVISIONS
DOC National Institute of Standards and Technology, Technology ................ -2,000 ................ ................ +2,000
Innovation Program (rescission)..............................
DOC National Oceanic and Atmospheric Administration, ................ ................ ................ ................ ................
Operations, Research and Facilities (rescission).............
DOC National Oceanic and Atmospheric Administration, ................ ................ ................ ................ ................
Procurement Acquisition and Construction (rescission)........
Economic Development Assistance Programs (rescission)......... -10,000 ................ -10,000 ................ -10,000
Rescission of emergency funding........................... ................ -40,000 ................ ................ +40,000
DOJ, Working Capital Fund (rescission)........................ -154,768 -69,768 -75,000 +79,768 -5,232
DOJ, Assets Forfeiture Fund (rescission, temporary)........... ................ ................ ................ ................ ................
DOJ, Assets Forfeiture Fund (rescission, permanent)........... -304,000 ................ -674,000 -370,000 -674,000
FBI, Salaries and expenses:
(Fees) nondefense (rescission)............................ -51,642 -60,044 -52,048 -406 +7,996
(Fees) defense (rescission)............................... -75,649 -87,956 -76,243 -594 +11,713
Federal Prisoner Detention (rescission)....................... ................ -71,000 ................ ................ +71,000
DOJ, Federal Prison System, Buildings and Facilities ................ -50,000 ................ ................ +50,000
(rescission).................................................
Violence against women prevention and prosecution programs -15,000 ................ -10,000 +5,000 -10,000
(rescission).................................................
Office of Justice programs (rescission)....................... -40,000 -85,000 -40,000 ................ +45,000
COPS (rescission)............................................. -10,000 ................ -10,000 ................ -10,000
Keeping Young Athletes Safe................................... 2,500 ................ ................ -2,500 ................
NASA closeouts (rescission)................................... ................ -4,000 -4,000 -4,000 ................
=========================================================================================
Total, title V, General Provisions...................... -658,559 -469,768 -951,291 -292,732 -481,523
=========================================================================================
OTHER APPROPRIATIONS
FURTHER ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER
RELIEF ACT, 2018 (P.L. 115-123)
DEPARTMENT OF COMMERCE
Economic Development Administration
Economic Development Assistance Programs (emergency).......... 600,000 ................ ................ -600,000 ................
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities (emergency).............. 120,904 ................ ................ -120,904 ................
Procurement, Acquistion and Construction (emergency).......... 79,232 ................ ................ -79,232 ................
Fisheries Disaster Assistance (emergency)..................... 200,000 ................ ................ -200,000 ................
-----------------------------------------------------------------------------------------
Total, National Oceanic and Atmospheric Administration.. 400,136 ................ ................ -400,136 ................
=========================================================================================
Total, Department of Commerce........................... 1,000,136 ................ ................ -1,000,136 ................
=========================================================================================
DEPARTMENT OF JUSTICE
United States Marshals Service
Salaries and expenses (emergency)............................. 2,500 ................ ................ -2,500 ................
Federal Bureau of Investigation
Salaries and expenses (emergency)............................. 8,601 ................ ................ -8,601 ................
Counterintelligence and national security (emergency)..... 12,599 ................ ................ -12,599 ................
-----------------------------------------------------------------------------------------
Total, Federal Bureau of Investigation.................. 21,200 ................ ................ -21,200 ................
=========================================================================================
Drug Enforcement Administration
Salaries and expenses (emergency)............................. 11,500 ................ ................ -11,500 ................
Federal Prison System
Salaries and expenses (emergency)............................. 16,000 ................ ................ -16,000 ................
Buildings and facilities (emergency).......................... 34,000 ................ ................ -34,000 ................
-----------------------------------------------------------------------------------------
Total, Federal Prison System............................ 50,000 ................ ................ -50,000 ................
=========================================================================================
Total, Department of Justice............................ 85,200 ................ ................ -85,200 ................
=========================================================================================
SCIENCE
National Aeronautics and Space Administration
Construction and Environmental Compliance and Restoration 81,300 ................ ................ -81,300 ................
(emergency)..................................................
National Science Foundation
Research and Related Activities (emergency)................... 16,300 ................ ................ -16,300 ................
-----------------------------------------------------------------------------------------
Total, Science.......................................... 97,600 ................ ................ -97,600 ................
=========================================================================================
RELATED AGENCIES
Legal Services Corporation
Payment to the Legal Services Corporation (emergency)......... 15,000 ................ ................ -15,000 ................
-----------------------------------------------------------------------------------------
Total, Other Appropriations............................. 1,197,936 ................ ................ -1,197,936 ................
=========================================================================================
Grand total............................................. 71,457,936 66,084,754 71,696,406 +238,470 +5,611,652
Appropriations...................................... (70,921,059) (66,554,522) (72,647,697) (+1,726,638) (+6,093,175)
Rescissions......................................... (-661,059) (-429,768) (-951,291) (-290,232) (-521,523)
Emergency appropriations............................ (1,197,936) ................ ................ (-1,197,936) ................
Rescissions of emergency funding.................... ................ (-40,000) ................ ................ (+40,000)
(By transfer)........................................... 645,000 153,000 664,480 +19,480 +511,480
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