[Senate Report 116-127]
[From the U.S. Government Publishing Office]
Calendar No. 231
116th Congress} { Report
SENATE
1st Session } { 116-127
======================================================================
DEPARTMENTS OF COMMERCE AND JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2020
_______
September 26, 2019.--Ordered to be printed
Mr. Moran, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 2584]
The Committee on Appropriations reports the bill (S. 2584)
making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2020, and for other purposes, reports
favorably thereon and recommends that the bill do pass.
Total obligational authority, fiscal year 2020
Total of bill as reported to the Senate\1\.............. $79,389,503,000
Amount of 2019 appropriations........................... 73,007,306,000
Amount of 2020 budget estimate.......................... 72,381,233,000
Bill as recommended to Senate compared to--
2019 appropriations................................. +6,382,197,000
2020 budget estimate................................ +7,008,270,000
\1\This level does not include -$8,220,503,000 in adjustments, including
the Census cap adjustment authorized in Public Law 116-37, that the
Congressional Budget Office scores to the bill. With these adjustments,
the bill is consistent with the subcommittee's base discretionary
allocation of $70,833,000,000.
CONTENTS
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Page
Purpose of the Bill.............................................. 3
Summary of the Bill.............................................. 3
Fighting Waste, Fraud, and Abuse................................. 5
Reprogrammings, Reorganizations, and Relocations................. 7
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.................................. 71
Title III: Science............................................... 142
Office of Science and Technology Policy...................... 142
National Space Council....................................... 144
National Aeronautics and Space Administration................ 144
National Science Foundation.................................. 162
Title IV: Related Agencies....................................... 172
Commission on Civil Rights................................... 172
Equal Employment Opportunity Commission...................... 172
International Trade Commission............................... 173
Legal Services Corporation................................... 174
Marine Mammal Commission..................................... 174
Office of the United States Trade Representative............. 175
State Justice Institute...................................... 176
Title V: General Provisions...................................... 178
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 181
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of
the Senate..................................................... 184
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 185
Budgetary Impact of Bill......................................... 185
Comparative Statement of Budget Authority........................ 186
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 2020 is
$70,833,000,000, which is $6,715,000,000 above the fiscal year
2019 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 2019 enacted level, the
Committee proposes to keep some of the programs and activities
relatively flat while making strategic funding choices to
provide enhanced resources for other activities, including the
requirement for the Department of Commerce to conduct the
Constitutionally-mandated Decennial Census.
Additionally, the Committee makes available $3,177,000,000
through the Crime Victims Fund [CVF] for victim compensation
and victim services. In fiscal year 2018, receipts into the CVF
fell to $444,832,000, the lowest level in 10 years and less
than half the amount that was collected during the second
lowest collection year. Through July 2019, receipts were below
$460,000,000. The amount provided by the Committee is
consistent with the 3-year average of deposits into the CVF and
strikes the appropriate balance of providing the necessary
resources and ensuring that the CVF has sufficient, sustainable
balances into the future.
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.
While the bill adopts some of the cost saving measures in
the 2020 budget request, the Committee does not support other
proposed cuts to core programs, such as reductions to advanced
weather forecasting operations, research, and Science,
Technology, Engineering, and Math education programs. The
budget proposes to eliminate external competitive grant
programs that are important to 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. The
Committee's decrease of the National Oceanic and Atmospheric
Administration's Procurement, Acquisition and Construction
resources in fiscal year 2020 reflects the reduced financial
need for flagship weather satellite programs as they are
launched and enter the operational phase.
The Department of Commerce is charged with addressing and
executing several critical functions, which include: ensuring
the effective operation of our Nation's world class 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.
In preparation for the 2020 Census, the Committee proposes
a $3,736,931,000 increase in total spending above the fiscal
year 2019 enacted level for the Census Bureau, which is higher
than the fiscal year 2020 budget request. This level of
spending is required to ensure that an accurate and effective
Census is undertaken. The data from the Census will deliver
important information to help facilitate the distribution of
billions in Federal funding for grants supporting States,
counties, and municipalities, determine the population for
congressional apportionment, and provide valuable data for
continued economic growth.
The Committee has made a concerted effort to spur U.S.
economic growth both domestically and abroad through
investments in the Economic Development Administration and our
Nation's trade agencies such as the USTR and the ITC, as well
as the International Trade Administration and Bureau of
Industry and Security within the Department of Commerce.
Together these agencies help businesses get started, compete
internationally, and grow.
Additionally, the changing landscape of criminal activity
at home and abroad continues to tests the DOJ's ability to deal
with and adapt to emerging threats. The Committee believes that
our Federal law enforcement agencies must work collaboratively
to focus and streamline limited resources in a manner that
safeguards taxpayer dollars while preserving public safety. The
Committee supports the important mission of the Department both
at home and abroad, and expects that these additional resources
will support the Department's proposed budget enhancements,
infrastructure expansion, and new agent hiring. The Committee
provides robust funding increases for the Department of
Justice. Federal law enforcement and U.S. Attorneys received a
3 percent increase in Salaries and Expenses funding, enabling
the Department to hire new agents, deputy marshals,
correctional officers, and attorneys, as well as increase and
expand upon existing investigative technical capabilities. The
fiscal year 2020 bill increases funding for grants to help
State and local law enforcement protect our Nation's
communities. Additionally, the Committee provides the
President's Budget request for the Executive Office of
Immigration Review, a 19.4 percent increase to provide
resources needed to enhance productivity and address the
backlog of more than 960,000 cases. The Committee also provides
the necessary funding for the Bureau of Prisons to implement
criminal justice reforms created by the First Step Act.
For the science agencies, the Committee sought to build
upon the advances and calculated gains made in the Consolidated
Appropriations Act, 2019 (Public Law 116-6). The amended budget
request proposes an ambitious plan for NASA, requesting
resources to accelerate the goal of landing the next Americans
on the Moon in 2024. The resources provided in this bill are
intended to enable that goal and enhance America's leadership
in space and science, including sending astronauts to the Moon
and beyond. The Committee attempted to leverage resources that
allow the accelerated timeframe to remain on pace while
Congress awaits a detailed budget proposal from NASA. The
Committee sought strategic increases, as well as reductions, so
that NASA can achieve balanced and cost-effective operations.
These efforts not only lead to scientific breakthroughs and
technological advances, but also continue to inspire and
harness the excitement of our Nation's future science and
business leaders. Within NSF and the National Institute of
Standards and Technology, the Committee recommendation supports
administration initiatives to enhance American competitiveness
through research in quantum computing and artificial
intelligence.
Fighting Waste, Fraud, and Abuse
The departments, agencies, boards, offices, 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 LSC 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 bill
to report spending on large conferences to the Inspectors
General for audit; requiring all departments and agencies
funded in this bill 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 NSF, 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.
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, 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 and 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 bill 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 bill,
provided under previous appropriations acts that remain
available for obligation or expenditure in fiscal year 2020, or
provided from any accounts in the Treasury available to the
agencies funded by this bill. 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
2021 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
2020 and 2021. 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 2021 budget, particularly
within the departmental operations and management accounts.
The Committee expects that the fiscal year 2021 submissions
will include sufficient detail to justify all programs,
projects, and activities contained in each department, agency,
office, 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 $15,197,249,000 for the
Department of Commerce [DOC]. The recommendation is
$3,783,372,000 above the fiscal year 2019 enacted level and
$2,721,916,000 above the budget request.
The DOC 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, 2019.................................... $495,000,000
Budget estimate, 2020................................... 471,096,000
Committee recommendation................................ 521,250,000
The Committee's recommendation provides $521,250,000 for
the International Trade Administration [ITA]. The
recommendation is $26,250,000 above the fiscal year 2019
enacted level and $50,154,000 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 both its fiscal year 2020
spending plan and in its fiscal year 2021 budget request.
Global Markets [GM].--The Committee is deeply frustrated
with ITA's execution of its appropriations in fiscal years
2017, 2018, and 2019. Despite the Committee providing clear
guidance in each fiscal year that rejected all proposed cuts
within GM, including cuts to staffing, ITA has instead reduced
GM staffing levels and reinvested funding provided for
compensation object classes in non-compensation object classes.
Further, upon investigation into this issue it is clear that
there are serious issues with ITA's accounting regarding the
number of positions and vacancies within GM, including for the
U.S. and Foreign Commercial Service [US&FCS]. This is
unacceptable and the Committee expects the Department to better
oversee ITA and its budget execution.
The Committee provides $335,250,000 for GM and again
rejects all proposed funding and staffing cuts for GM. Within
the funding provided for GM, ITA is directed to spend no less
than $130,000,000 on employee compensation, object class 11. At
this funding level, the Committee will not approve any requests
to close foreign or domestic offices, including U.S. Export
Assistance Centers.
Further, the Committee directs ITA to brief the Committee
no later than 10 days after the end of each fiscal quarter on
the previous quarter's obligations, by object class; the
planned obligations, by object class, for the current and
ensuing quarters; and staffing levels within GM, including a
breakout of Foreign Service Officers, Locally Engaged Staff,
and U.S. field staff.
Adjustments to Base [ATB].--The increased funding provided
shall be used to cover the requested ATB costs, among other
programmatic increases highlighted herein.
Industry and Analysis.--The Committee provides the
requested program changes for Industry and Analysis to
implement the Foreign Investment Risk Review Modernization Act
of 2018 (Public Law 115-232) and for increased analytical
capabilities.
Trade Enforcement.--The Committee provides $1,000,000 above
the fiscal year 2019 enacted level for the Office of
Enforcement and Compliance to establish a dedicated anti-
circumvention and duty evasion enforcement unit. 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
Departments efforts 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.
Foreign Business Investment in the United States.--While
the Committee supports the goals of SelectUSA, it believes that
promoting job-creating business investment in the United States
is best achieved through the traditional, localized approaches
to engagement, such as those facilitated by US&FCS. Therefore,
the Committee directs ITA to transition all funding provided
for SelectUSA to begin supporting Foreign Service Officers and
Locally Engaged Staff located in foreign countries likely to
garner foreign direct investment. In choosing where to fund
additional local engagement, ITA shall leverage the knowledge
gained from previous SelectUSA summits and events.
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 successful trade enforcement
. 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. The Committee directs ITA to ensure
that the policies and procedures the agency has in place to
prevent capture of its Enforcement and Compliance employees are
followed.
Survey of International Air Travelers [SIAT].--The
Committee provides $3,000,000 for ITA to fund SIAT. 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.
Rural Export Assistance.--The Committee encourages the
Secretary to continue to prioritize the Department's efforts to
support and expand international trade opportunities for rural
businesses. An additional $1,000,000 is provided within Global
Markets to further its existing rural export assistance
capabilities, including providing customized market research,
analysis, and planning to encourage and assist rural companies
to offer their products internationally.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
Appropriations, 2019.................................... $118,050,000
Budget estimate, 2020................................... 127,652,000
Committee recommendation................................ 127,652,000
The Committee's recommendation provides $127,652,000 for
the Bureau of Industry and Security [BIS]. The recommendation
is $9,602,000 above the fiscal year 2019 enacted level and
equal to 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 export control reform. The Export Enforcement
Division detects, prevents, investigates, and assists in the
sanctioning of illegal exports of such items.
Adjustments to Base.--The increased funding provided shall
be used to cover the requested ATB costs, among other
programmatic increases highlighted herein
The Committee on Foreign Investment in the United States
[CFIUS].--The Committee is cognizant of the expected increase
in the CFIUS caseload as a result of the passage of the Foreign
Investment Risk Review Modernization Act of 2018 (Public Law
115-232) and provides the requested increase to hire eight
additional staff.
Emerging Technologies.--The Export Control Reform Act of
2018 (Public Law 115-232) requires BIS to take a more active
role assessing national security implications of exporting
emerging technologies. The Committee provides the requested
increase for these operations.
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.
Section 232 Exclusion Requests.--The Committee provides no
less than the fiscal year 2019 enacted amount for contractor
support to continue to support the product exclusion process
for articles covered by actions taken under section 232 of the
Trade Expansion Act of 1962 (19 U.S.C. 1862). The Committee
encourages the Department to continue negotiations with
international trading partners to lift the existing section 232
tariffs and avoid implementing additional tariffs. If funding
for the product exclusion process becomes no longer necessary,
BIS shall report to the Committee on how any unobligated funds
will be expended, 30 days prior to obligation.
The Department shall continue to provide quarterly reports
to the Committee, due not later than 15 days after the end of
each quarter, on the implementation of the exclusion process.
The reports shall include: (a) the number of exclusion requests
received; (b) the number of exclusion requests approved and
denied; (c) the status of efforts to assist small- and medium-
sized businesses in navigating the exclusion process; (d)
Department-wide staffing levels by Bureau for the exclusion
process, including information on any staff detailed to
complete this task; and (e) Department-wide funding by source
appropriation and object class for costs undertaken to process
the exclusions.
Sanction Violations.--The Committee directs BIS to provide
a report no later than 90 days after the date of the enactment
of this act, and not less frequently than every 90 days
thereafter, on the compliance of ZTE Corporation with: (a) the
conditions set forth in paragraph 3 of the settlement agreement
during the 10-year probationary period, and (b) all sanctions
and export control laws of the United States and all licenses
and orders issued by the Federal Government.
Economic Development Administration
Appropriations, 2019.................................... $304,000,000
Budget estimate, 2020................................... 29,950,000
Committee recommendation................................ 319,500,000
The Committee's recommendation provides $319,500,000 for
the Economic Development Administration [EDA]. The
recommendation is $15,500,000 above the fiscal year 2019
enacted level and $289,550,000 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, inequities in broadband access,
and the need for innovation in legacy industries, including in
the use and value-added manufacturing of forest products.
Funding amounts for the two appropriations accounts under this
heading are displayed below. Funding amounts for the two
appropriations accounts under this heading are displayed below.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
Appropriations, 2019.................................... $265,000,000
Budget estimate, 2020...................................................
Committee recommendation................................ 279,500,000
The Committee's recommendation provides $279,500,000 for
Economic Development Assistance Programs. The recommendation is
$14,500,000 above the fiscal year 2019 enacted level and
$279,500,000 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 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............................................ 119,500
Economic Adjustment Assistance.......................... 37,000
Trade Adjustment Assistance for Firms................... 13,000
Regional Innovation Program............................. 31,000
Partnership Planning.................................... 33,000
Technical Assistance.................................... 9,500
Research and Evaluation................................. 1,500
Assistance to Coal Communities.......................... 30,000
Assistance to Nuclear Closure Communities............... 5,000
---------------
Total............................................. 279,500
------------------------------------------------------------------------
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.
Outdoor Recreation Projects.--The Committee notes that
projects supporting outdoor recreation are a catalyst for
economic development and should 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 2019
enacted level to support EDA's collaborations with the Delta
Regional Authority, the Appalachian Regional Commission, and
the Northern Border Regional Commission to assist distressed
communities. Eligible activities for the Northern Border
Regional Commission collaboration shall contribute to the
recovery of forest-based economies, and may include support for
forest-based businesses, outdoor recreation infrastructure, and
activities that assist in the recruitment and retention of
employees in rural communities within the territory.
Regional Innovation Program [RIP].--The Committee provides
$31,000,000 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, including through RIP,
with communities and regions that have been adversely impacted
by rapid changes in the timber and pulp marketplaces 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.
Aeronautics.--The Committee encourages EDA to consider
economic development opportunities in communities looking to
expand or bolster the presence of aeronautics related
industries, which are a key driver of economic development in
communities across the Nation.
Spatial Analysis and Planning.--In areas with aging
infrastructure built prior to accurate records, it is often
difficult and expensive to map out and assess the existing
infrastructure and identify where EDA Public Works and Economic
Adjustment Assistance is most needed. Geographic Information
Systems [GIS] can provide spatial analysis, maps, reports, and
other data to support economic development and planning
activities. Many regional planning and development
organizations are heavily reliant on EDA assistance to help
fund these activities, but EDA Partnership Planning grants are
often not enough to both hire full-time GIS staff and purchase
necessary software. Within funds provided for the Partnership
Planning and Technical Assistance programs, the Committee
encourages EDA to consider assistance to rural and underserved
planning and development organizations to support GIS efforts
to identify projects that attract jobs and private investment.
Assistance to Nuclear Power Plant Closure Communities.--The
Committee provides EDA $5,000,000 to assist communities
affected by loss of tax revenue and job loss due to nuclear
power plant closures through support for early-stage strategic
planning activities and economic development projects.
Science, Technology, Engineering, and Math
Apprenticeships.--The Committee notes that over the past
decade, the growth in jobs requiring sophisticated 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).
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 2020.
SALARIES AND EXPENSES
Appropriations, 2019.................................... $39,000,000
Budget estimate, 2020................................... 29,950,000
Committee recommendation................................ 40,000,000
The Committee's recommendation provides $40,000,000 for
salaries and expenses. The recommendation is $1,000,000 above
the fiscal year 2019 enacted level and $10,050,000 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, 2019.................................... $40,000,000
Budget estimate, 2020................................... 10,000,000
Committee recommendation................................ 40,000,000
The Committee's recommendation provides $40,000,000 for the
Minority Business Development Agency [MBDA]. The recommendation
is equal to the fiscal year 2019 enacted level and is
$30,000,000 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 MBDA to allocate $24,500,000 of its total appropriation
toward cooperative agreements, external awards, and grants,
including not less than $13,000,000 to continue MBDA's
traditional Business Center program and Specialty Project
Center program. The bill includes language regarding overhead
costs.
Hiring.--The Committee is concerned by the nearly 20
percent vacancy rate at MBDA. The Committee directs MBDA to
expedite its efforts to fill all outstanding vacancies.
Business Centers.--The Committee directs MBDA to operate at
least one Business Center in each State with a plurality or a
majority population of a national minority group.
Broad Agency Announcement [BAA].--The Committee provides
not less than $6,000,000 for MBDA to continue its BAA program
in fiscal year 2020. MBDA is directed to focus awards on
innovation and entrepreneurship, formerly incarcerated persons,
global women's empowerment, virtual business development, and
access to finance.
Indian Tribes.--The Committee provides not less than
$3,000,000 for MBDA to award grants to tribes and American
Indian, Alaska Native, and Native Hawaiian populations to
address barriers to economic development. MBDA shall continue
full implementation of Public Laws 106-447 and 106-464 and to
fulfill the mission of the Office of Native American Business
Development.
Economic and Statistical Analysis
SALARIES AND EXPENSES
Appropriations, 2019.................................... $101,000,000
Budget estimate, 2020................................... 107,990,000
Committee recommendation................................ 107,000,000
The Committee's recommendation provides $107,000,000 for
Economic and Statistical Analysis [ESA]. The recommendation is
$6,000,000 above the fiscal year 2019 enacted level and
$990,000 below the budget request. ESA conducts research to
provide a better understanding of the U.S. economy, which helps
the Government make more informed policy decisions.
Outdoor Recreation Satellite Account.--The Committee
recognizes the national economic importance of the outdoor
recreation industry. No less than $1,500,000 is provided to
continue implementing the Outdoor Recreation Jobs and Economic
Impact Act of 2016 (Public Law 114-249) in fiscal year 2020.
The Committee directs 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.
Income Growth Indicators.--The Committee provides the
Bureau of Economic Analysis [BEA] $1,000,000 to develop income
growth indicators, including providing annual reports about how
incomes grow in each decile of the income distribution. BEA is
directed to report the latest available estimates of these
measures in calendar year 2020.
Puerto Rico Economic Statistics.--The absence of accurate
information regarding Puerto Rico's economic output and growth
has made it challenging for relevant policymakers and
stakeholders to make informed policy and business decisions.
Therefore, the Committee provides not less than $2,000,000 for
BEA to produce Gross Domestic Product estimates for Puerto
Rico.
Bureau of the Census
Appropriations, 2019.................................... $3,821,388,000
Budget estimate, 2020................................... 6,149,405,000
Committee recommendation................................ 7,558,319,000
The Committee's recommendation provides $7,558,319,000 for
the Census Bureau. The recommendation is $3,736,931,000 above
the fiscal year 2019 enacted level and $1,408,914,000 above the
budget request.
CURRENT SURVEYS AND PROGRAMS
Appropriations, 2019.................................... $270,000,000
Budget estimate, 2020................................... 264,005,000
Committee recommendation................................ 274,000,000
The Committee's recommendation provides $274,000,000 for
current surveys and programs. The recommendation is $4,000,000
above the fiscal year 2019 enacted level and $9,995,000 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, 2019.................................... $3,551,388,000
Budget estimate, 2020................................... 5,885,400,000
Committee recommendation................................ 7,284,319,000
The Committee's recommendation provides $7,284,319,000 for
periodic censuses and programs. The recommendation is
$3,732,931,000 above the fiscal year 2019 enacted level and
$1,398,919,000 above the budget request. A $2,500,000,000 cap
adjustment provided by the Bipartisan Budget Act of 2019
(Public Law 116-37) is included in the total.
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
$6,696,000,000, which is $1,398,963,000 above the amount
requested for the 2020 Decennial Census for fiscal year 2020.
The Committee has consistently advocated for the Bureau to use
its resources to execute a cost effective and accurate
Decennial census. To do this, the Bureau must now focus its
efforts on minimizing non-response follow-up work through early
communication of the importance of filling out Census forms and
ensuring that personnel training and information technology
[IT] systems will be prepared for conducting the Census in
2020.
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, and executes, the 2020 Decennial Census. These
quarterly reports are intended 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.
The Committee expects the Department, the Bureau, and the
Inspector General to keep the Committee regularly apprised of
the ongoing efforts to prepare for, and execute, the 2020
Decennial Census beyond the regular quarterly status reports.
The Committee notes that GAO again included the 2020 Decennial
Census to its High Risk List and directs the Bureau to
diligently work on addressing the risks that have been
identified.
Cybersecurity.--The Committee is concerned with the status
of the Census Bureau's cybersecurity preparations and directs
the Census Bureau to fully implement recommendations and
address concerns outlined in GAO's 2019 High Risk List and GAO-
18-655. The Committee directs the Census Bureau to coordinate
with the Department of Homeland Security, other relevant
Federal agencies, and State and local stakeholders, to prevent
and disrupt cyber intrusions and disinformation campaigns.
Undercounting.--The Committee recognizes the difficulty the
Bureau has in counting people in historically hard-to-count
areas and believes that local community efforts are essential
to ensure an accurate count. The Committee encourages the
Bureau to partner with communities on innovative approaches to
ensure an accurate Census. The Committee also directs the
Census Bureau to ensure that the current 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.
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 are 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
notes that 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.
As part of the communications strategy, the Committee directs
the Census Bureau to execute its Mobile Response Initiative to
increase the visibility of the 2020 Decennial Census, and to
ensure that its partnership and communications activities in
support of the 2020 Decennial Census are conducted at no less
than the level of effort and staffing that was utilized in
preparation for the 2010 Decennial Census when accounting for
inflation.
Targeted Outreach Campaign in 2018 End-to-End Test
Location.--The Committee directs the Census Bureau to conduct
an outreach campaign in the location of the 2018 End-to-End
Census Test, in addition to its ordinary outreach activities as
part of the Decennial Census. The Committee has heard reports
that residents of the site of the End-to-End Test believe that
they have already submitted their information for the 2020
Decennial Census as a result of participation in the test. As a
result, the Committee is concerned that without a targeted
outreach campaign, many residents will not self-respond.
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, 2019.................................... $39,500,000
Budget estimate, 2020................................... 42,441,000
Committee recommendation................................ 42,441,000
The Committee's recommendation provides $42,441,000 for
National Telecommunications and Information Administration
[NTIA] salaries and expenses. The recommendation is $2,941,000
above the fiscal year 2019 enacted level and equal to the
budget request.
The Committee retains language from previous years allowing
the Secretary 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, 2020, 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 2021
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.
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 scientific activities.
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.
Policy and Technical Training.--The Committee encourages
NTIA to work with the FCC and the Department of State to
provide support for activities provided under section 7 of
Public Law 98-549. As part of these activities, NTIA may
provide assistance and guidance in policy and technical
training to impart best practices to information technology
professionals from developing countries.
Crowd-Sourced Data.--The Committee recognizes that crowd
sourced data from state and local governments, consumer-
initiated speed tests, and commercial data sets can play an
important role in validating Federal broadband availability
data. The Committee directs NTIA to submit a report within 180
days of enactment of this act about the feasibility of
implementing a public feedback mechanism to collect this kind
of data to improve broadband coverage maps and data.
FirstNet.--The bill includes continued funding for the
Department's Inspector General for the purposes of oversight
and accountability of FirstNet through the end of fiscal year
2020.
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, 2019.................................... $3,370,000,000
Budget estimate, 2020................................... 3,450,681,000
Committee recommendation................................ 3,450,681,000
The Committee's recommendation provides $3,450,681,000 for
the United States Patent and Trademark Office [USPTO], which is
$80,681,000 above the fiscal year 2019 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 $2,000,000 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 2020.
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.
Intellectual Property Theft.--The Committee is concerned
with the growing theft of IP by and on behalf of foreign
government actors, especially by China as made clear in the
United States Trade Representative's Section 301 Investigative
report, ``Technology: Protecting America's Competitive Edge.''
The Committee urges USPTO to work with all relevant agencies to
protect U.S. IP through education, outreach, foreign IP
attaches, and ongoing trade negotiations.
National Institute of Standards and Technology
Appropriations, 2019.................................... $985,500,000
Budget estimate, 2020................................... \1\667,581,000
Committee recommendation................................ 1,038,000,000
\1\Does not includes the legislative proposal for Construction of
Research Facilities, proposed in the fiscal year 2020 budget submission.
The Committee's recommendation provides $1,038,000,000 for
the National Institute of Standards and Technology [NIST]. The
recommendation is $52,500,000 above the fiscal year 2019
enacted level and $370,419,000 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, 2019.................................... $724,500,000
Budget estimate, 2020................................... 611,719,000
Committee recommendation................................ 753,500,000
The Committee's recommendation provides $753,500,000 for
NIST Scientific and Technical Research and Services [STRS]. The
recommendation is $29,000,000 above the fiscal year 2019
enacted level and $141,781,000 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.
The Committee rejects the proposed terminations and
reductions for the following STRS programs: Advanced
Manufacturing and Material Measurements; Fundamental
Measurement, Quantum Science, and Measurement Dissemination;
Advanced Communications, Networks, and Scientific Data Systems;
Biological Science and Health Measurements; Environmental
Measurements; Time and Fundamental Measurement Dissemination;
the Fire Research Grants Program; the Special Programs Office;
the Standards Coordination Office; NIST Center of Excellence
Program; and NIST User Facilities. The Committee adopts the
proposal regarding Disaster Resilience Research Grants Program.
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 2019 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.
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 Information Science [QIS].--The Committee
recognizes the urgent need to advance U.S. QIS capabilities,
and the critical role that NIST plays in this effort. The
Committee commends NIST for establishing the Quantum Economic
Development Consortium, as authorized by the National Quantum
Initiative Act (Public Law 115-368), in fiscal year 2019, and
directs NIST to provide the Committee with the report called
for in Section 201(b)(3) of Public Law 115-368. The Committee
provides $10,000,000 above the fiscal year 2019 enacted level
to further implement the National Quantum Initiative Act.
Forensic Sciences.--The Committee provides no less than the
fiscal year 2019 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.
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 2019 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 $1,000,000 above
the fiscal year 2019 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, lifecycle 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.--The Committee recognizes
that concrete foundations containing pyrrhotite can crack and
cause structures to collapse and that more research is
necessary to address this significant harm. The Committee
provides no less than $1,500,000 for NIST to partner with an
academic institution on a study to develop a reliable and cost-
effective standard for testing for the presence of pyrrhotite
in concrete used in residential, commercial, and municipal
structures. The study should also develop a risk rating scale
that quantifies the amount of pyrrhotite that causes the
foundation to become structurally unsound. Specifically, the
study should determine how pyrrhotite reacts with environmental
substances such as water, oxygen, and sulfides, and determine
to what level pyrrhotite may exist in concrete without
weakening the material.
Regenerative Medicine Standards.--The Committee commends
NIST, the Food and Drug Administration, and the Standards
Coordinating Body for continued 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. The Committee provides
$2,500,000 for NIST to improve measurement assurance and
standards coordination for regenerative therapies, including:
establishing a regenerative medicine assay validation and
innovation core to provide laboratory support for evaluation of
standardized assays, and conducting inter-laboratory studies to
improve measurement assurance and develop appropriate reference
materials.
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 provides no less than
$1,500,000 for NIST to fund and pursue graphene research
activities with industry and academic institutions with
expertise, existing capabilities, and infrastructure related to
the commercial application of 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 2019 amount for the Office of Special Programs
to maintain and consider expanding the number of urban dome
locations in fiscal year 2020.
Facial Recognition Vendor Test.--The Committee encourages
NIST to continue to meet growing demand for the Facial
Recognition Vendor Test and to improve the test. The Committee
is aware that this test is an important resource for
government, commercial, and academic developers to assess the
quality of their facial recognition technologies. As more
companies and government users invest in this technology, the
test will continue to be a critical step for responsible use.
The Committee encourages NIST to: expand testing to include a
more diverse combination of demographics and environmental
settings in the test data, develop educational material and
work on image quality standards for data collection, expand
testing to improve enhanced privacy technologies for better
template protection, and expand existing testing infrastructure
in support of these improvements.
Public Safety Unmanned Aerial Vehicle Challenge.--NIST has
a long history in advancing the use of cutting-edge
technologies for public safety response operations. There is a
significant opportunity for public safety organizations to
leverage Unmanned Aerial Vehicles [UAVs] to improve their
operations and response capabilities and keep first responders
and the citizens they serve safe. The Committee provides no
less than $2,500,000 for NIST, in partnership with academic
institutions that have a strong history of flight operations in
both UAV operational training and applied research
environments, to run at least three UAV prize based challenges
within 12 months of enactment of this act that focus on
expanding the role that UAVs could play in emergency response
operations. Topics could include the use of UAVs to: extend
cellular coverage in remote areas; deploy sensor networks
around buildings, to enable in-building tracking of public
safety personnel; and provide real time situational awareness
of on-scene response through the use of video and advanced
analytics.
Artificial Intelligence [AI].--The Committee provides
$8,000,000 above the fiscal year 2019 enacted level to expand
NIST's ongoing AI research and measurement science efforts, in
support of the administration's Industries of the Future
initiative. NIST is directed to develop resources for
government, corporate, and academic uses of AI to train and
test systems, model AI behavior, and compare systems.
Measurement Science for Microelectronics.--The Committee
notes the economic and national security importance of
maintaining U.S. leadership in development and manufacturing of
cutting-edge microelectronics. Therefore, the Committee
provides $5,000,000 for NIST to develop and deliver material
characterization, standards, and analytical tools needed for
advancing microelectronics technology.
Public Health Risk to First Responders.--The Committee
recognizes the pressing public health risk associated with
occupational exposure to per-and polyfluoroalkyl substances
[PFAS], particularly among civilian and military firefighters.
Therefore, the Committee directs NIST to conduct a study of new
and unused personal protective equipment worn by firefighters
to determine the prevalence and concentration of PFAS in the
equipment, as well as the rate of at which PFAS may be released
from the gear during normal wear and in what conditions, and
provides $2,000,000 for these purposes. NIST shall update the
Committee on the progress of the study not later than a year
after enactment of this act.
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 continue to focus
on and develop metrics and standards to assist rural healthcare
providers by leveraging industry best practices.
INDUSTRIAL TECHNOLOGY SERVICES
Appropriations, 2019.................................... $155,000,000
Budget estimate, 2020................................... 15,172,000
Committee recommendation................................ 161,500,000
The Committee provides $161,500,000 for Industrial
Technology Services. The recommendation is $6,500,000 above the
fiscal year 2019 enacted level and $146,328,000 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 $145,500,000 for the program. The funding
provided above the fiscal year 2019 level is to be distributed
evenly among the 51 MEP Centers. 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 National Network for Manufacturing
Innovation [NNMI] (also known as ``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. The Committee provides $16,000,000 for NIST's
activities within Manufacturing USA. Of this amount, no more
than $5,000,000 may be used 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. Within funding provided, NIST shall strive to
minimize administrative costs in order to provide support for
collaborative research and development projects between
institutes.
In addition, the Committee notes the passage of legislation
to reauthorize NNMI by the Senate as part of the National
Defense Authorization Act for Fiscal Year 2020 and provides
$1,000,000 for a competitive grant program to develop
technology roadmaps for promising advanced manufacturing
clusters. These grants should be made available to establish
new or strengthen existing industry-driven consortia that
address high-priority research challenges in order to grow
advanced manufacturing in the United States. The Committee
supports the GAO recommendations included in GAO-19-409 and
directs NIST to implement them.
CONSTRUCTION OF RESEARCH FACILITIES
Appropriations, 2019.................................... $106,000,000
Budget estimate, 2020................................... \1\40,690,000
Committee recommendation................................ 123,000,000
\1\Does not includes the legislative proposal for Construction of
Research Facilities, proposed in the fiscal year 2020 budget submission.
The Committee provides $123,000,000 for construction of
research facilities. The recommendation is $17,000,000 above
the fiscal year 2019 enacted level and $82,310,000 above the
budget request. The funding provided includes no less than
$43,000,000 for the continued renovation of NIST's Building 1
laboratory.
Safety, Capacity, Maintenance, and Major Repairs [SCMMR].--
Within the amount provided for Construction of Research
Facilities, the Committee provides $80,000,000 for SCMMR.
National Oceanic and Atmospheric Administration
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2019.................................... $5,424,695,000
Budget estimate, 2020................................... 4,456,968,000
Committee recommendation................................ 5,337,343,000
The Committee's recommendation provides $5,337,343,000 for
the National Oceanic and Atmospheric Administration [NOAA]. The
recommendation is $87,352,000 below the fiscal year 2019
enacted level and $880,375,000 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 2020 reflects, as expected, the reduced
financial need of NOAA's flagship weather satellite programs as
the satellites launch and enter into the operational phase.
This allows for an increase in Operations, Research, and
Facilities [ORF] resources in fiscal year 2020.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2019.................................... $3,596,997,000
Budget estimate, 2020................................... 3,058,383,000
Committee recommendation................................ 3,727,466,000
The Committee's recommendation provides $3,727,466,000 for
NOAA's ORF. The recommendation is $130,469,000 above the fiscal
year 2019 enacted level and $669,083,000 above the budget
request.
NOAA NATIONAL OCEAN SERVICE
The Committee's recommendation provides $588,806,000 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........... 160,706
Hydrographic Survey Priorities/Contracts........... 32,000
Integrated Ocean Observing System--Regional 38,500
Observations......................................
----------------
Total, Navigation, Observations and Positioning.. 231,206
================
Coastal Science and Assessment:
Coastal Science, Assessment, Response and 78,000
Restoration.......................................
Competitive External Research...................... 18,000
----------------
Total, Coastal Science and Assessment............ 96,000
================
Ocean and Coastal Management and Services:
Coastal Zone Management and Services............... 45,000
Coastal Zone Management Grants..................... 76,500
National Oceans and Coastal Security Fund.......... 30,000
Coral Reef Program................................. 27,600
National Estuarine Research Reserve System......... 27,000
National Marine Sanctuaries........................ 55,500
----------------
Total, Ocean and Coastal Management and Services. 261,600
================
GRAND TOTAL NOS.................................. 588,806
------------------------------------------------------------------------
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.
Physical Oceanographic Real-Time System [PORTS] Program.--
The Committee provides no less than $7,500,000 for PORTS, a
$2,500,000 increase above fiscal year 2019. The Committee
supports the continued expansion of the PORTS network, which is
now in place in 33 locations, including the Nation's top 20
seaports by tonnage. The Committee directs NOAA to provide a
report detailing the program's full costs, by location,
including operations and maintenance, within 180 days of
enactment of this act.
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 and provides
an additional $500,000 above the fiscal year 2019 level for
these purposes. 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.
Coastal Survey Data.--The State of Alaska lacks adequate
coastal survey data necessary to establish the legal
delineation of the shoreline, protect coastal communities,
improve maritime safety and navigability, inform earthquake and
tsunami hazard assessments and mitigation, establish baselines
for long-term monitoring of coastal evolution, support economic
development, enhance national security, and provide a framework
for scientific research. The Committee believes that collecting
this data would directly support NOAA and contribute to the
development of the Blue Economy of Alaska and the Nation.
Therefore, NOS is directed to submit a plan to the Committee,
within 1 year of enactment of this act, to conduct
comprehensive coastal survey work in Alaska, including an
estimate of annual cost by project, program, or activity.
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 navigational 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
2020 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.
Integrated Ocean Observing System [IOOS].--Within funding
provided for IOOS, NOS shall work to complete and operate the
National High Frequency Radar System to close key gaps in the
U.S. surface current mapping system. Furthermore, NOS shall
expand the regional underwater profiling gliders program to
ensure streamlined access to data for weather forecasting and
hurricane prediction, disaster response, forecasting of
freshwater and marine water quality, detection of harmful algal
blooms, and safe maritime operations.
Further, the Committee provides IOOS with $1,000,000 for
pilot programs to enhance the nation's capacity for monitoring
and detection of harmful algal blooms by leveraging the
expertise of the IOOS regional associations. These programs
shall focus on data integration and information dissemination
to provide coastal managers, seafood harvesters and aquaculture
practitioners, drinking water utilities, animal stranding
networks, and others with information about the extent,
toxicity, and length of blooms. IOOS is directed to coordinate
with the National Centers for Coastal Ocean Science on the
implementation of these funds.
Coastal Science, Assessment, Response and Restoration.--
Within the funds provided for Coastal Science, Assessment,
Response and Restoration, the Committee provides no less than
the fiscal year 2019 enacted level for operations and staffing
of the Gulf of Mexico Disaster Response Center [DRC]. The
Committee reiterates that the DRC shall serve as the Gulf
Coast's headquarters for NOAA's emergency preparedness,
response, and recovery operations. As such, NOAA is directed to
further co-locate NOS personnel and assets that are currently
positioned elsewhere on the Gulf Coast at the DRC. In addition,
the Committee provides $500,000 above the fiscal year 2019
enacted level for the Disaster Preparedness Program to bolster
NOS's emergency response efforts to coastal storms and other
disasters.
Marine Debris.--The Committee provides no less than the
fiscal year 2019 enacted level for NOAA's Marine Debris
Program. The Committee strongly supports NOS's ongoing efforts,
including its competitive extramural funding programs, to
address marine debris around the country. NOS is encouraged to
prioritize funding projects in urban communities that support
or enhance waterway cleanup efforts to remove any and all forms
of marine debris from the aquatic environment, as well as
projects in rural and remote communities that lack
infrastructure to address the marine debris problem.
National Centers for Coastal Ocean Science [NCCOS].--The
Committee expressly rejects the proposal to terminate NCCOS and
the Competitive External Research program, and provides no less
than the fiscal year 2019 enacted level for both. The Committee
supports the ground-breaking research NCCOS conducts, in areas
such as coral health and restoration, ecotoxicology, harmful
algal blooms, and aquaculture, and is puzzled as to why NOAA
would propose to terminate these efforts, which directly
support NOAA's priorities to ``Expand the Blue Economy'' and
``Reduce the Seafood Trade Deficit.'' The Committee remains
supportive of NCCOS's contributions to NOAA's mission and
priorities and directs NOAA to continue supporting these
efforts through the collective expertise of Federal, State, and
academic partners.
Harmful Algal Blooms [HABs].--The Committee understands
that HABs in their various forms are a national problem that
require collaboration with local partners to monitor, predict,
track, and respond to HAB events. 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
coastal States across the country to address HABs 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 [IWP].--Within funding provided
for Coastal Zone Management and Services, the Committee
provides no less than the fiscal year 2019 level for NOS to
continue supporting the development and operation of the IWP
program with NOAA's National Weather Service.
Regional Data Portals.--Within funding for Coastal Zone
Management and Services, $1,500,000 is for the regional ocean
partnerships, or their equivalent, to enhance their capacity
for sharing and integration of Federal and non-Federal data to
support regional coastal, ocean, and Great Lakes management
priorities as outlined in Executive Order 13840. The Office of
Coastal Management shall coordinate with the IOOS Program
Office on the implementation of these funds, to ensure
continuity of funding provided to IOOS in fiscal year 2019 for
this purpose.
The National Oceans and Coastal Security Fund.--The
Committee provides $30,000,000 for the National Oceans and
Coastal Security Fund, also known as Title IX Fund grants, for
collaborative partnerships that incorporate non-Federal
matching funds with a priority on supporting authorized
activities not otherwise funded within this act. In selecting
the areas of focus for the National Oceans and Coastal Security
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.
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 [NERRS].--The
Committee rejects the elimination of NERRS and provides
$27,000,000 for the system. 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. The Committee is
aware of the Blue Ribbon Panel recommendation to expand the
NERRS network and awaits action from NOAA on site nominations
that are currently pending. Within funding provided for NERRS,
up to $2,000,000 may be used for the Margaret A. Davidson
Graduate Research Fellowship administered by the Office of
Coastal Management. The fellowship program is not subject to
any matching requirement.
NOAA is further encouraged to work with its NERRS and
National Marine Sanctuary partners on efforts for early
detection of, rapid response to, and control of invasive
species, especially those that jeopardize endangered or
threatened native species.
NOAA NATIONAL MARINE FISHERIES SERVICE
The Committee's recommendation provides $944,867,000 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.... 122,164
Species Recovery Grants........................... 7,000
Atlantic Salmon................................... 6,500
Pacific Salmon.................................... 65,000
-----------------
Total, Protected Resources Science and 200,664
Management.....................................
=================
Fisheries Science and Management:
Fisheries and Ecosystem Science Programs and 146,427
Services.........................................
Fisheries Data Collections, Surveys and 172,909
Assessments......................................
Observers and Training............................ 54,968
Fisheries Management Programs and Services........ 123,836
Aquaculture....................................... 15,500
Salmon Management Activities...................... 56,043
Regional Councils and Fisheries Commissions....... 40,247
Interjurisdictional Fisheries Grants.............. 3,365
-----------------
Total, Fisheries Science and Management......... 613,295
=================
Enforcement........................................... 74,023
=================
Habitat Conservation and Restoration.................. 56,885
=================
GRAND TOTAL NMFS................................ 944,867
------------------------------------------------------------------------
NMFS Project Consultations.--Within Protected Resources
Science and Management, the Committee provides no less than the
fiscal year 2019 enacted amount for NMFS to address the backlog
of consultation requests under the Endangered Species Act [ESA]
(Public Law 93-205). The backlog of consultation requests,
particularly those from the U.S. Army Corps of Engineers
[USACE], has caused significant permitting delays for local
communities seeking to implement various projects across the
Nation. The Committee directs NMFS to work with USACE 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 ESA in 2005, but
whose populations continue to decline. The Committee encourages
NMFS to utilize funding for the protection and recovery of
marine mammal species at risk due to factors such as limited
prey species, water-borne toxin accumulation, and vessel and
sound impacts.
North Atlantic Right Whale.--The Committee remains
concerned that North Atlantic right whale populations remain
critically low, especially given the number of whale
mortalities this summer. Therefore, the Committee rejects the
proposed reduction and provides an additional $2,000,000 above
the fiscal year 2019 enacted level within Marine Mammals, Sea
Turtles, and Other Species for North Atlantic right whales-
related research, development, and conservation efforts. Within
funding provided, not less than $1,000,000 shall be for a pilot
program to develop, refine, and field test innovative fishing
gear technologies designed to reduce North Atlantic right whale
entanglements in partnership with relevant stakeholders,
including, but not limited to: states, commercial fishermen,
gear manufacturers, research institutions, and nongovernmental
organizations. NMFS shall provide the Committee with an
implementation plan for the pilot program, including metrics,
within 60 days of enactment of this act. Improving NOAA's
understanding of right whale distribution and habitat is
necessary to better inform management actions. As such, NOAA is
encouraged to prioritize development of a habitat suitability
index and long-term tagging methods. NOAA shall also continue
to support disentanglement, stranding response, necropsy
activities, aerial surveys, and passive acoustic monitoring in
the waters of the Atlantic Ocean. NOAA is also directed to
fully evaluate the feasibility and economic implications of any
management actions relating to the North Atlantic right whale.
Further, the Committee recognizes the transboundary nature
of the North Atlantic right whale and directs NMFS to continue
to work in coordination with counterparts in the Canadian
government to reduce risks throughout its range. Examples of
ongoing opportunities for U.S-Canada collaboration on North
Atlantic right whale conservation include, but are not limited
to, continued collaboration on surveillance in the Gulf of St.
Lawrence, cooperative research on the distribution of the
whales and their food sources, support for disentanglement and
necropsy work including cross-training between U.S. and
Canadian response teams, coordinated gear marking efforts
across jurisdictions, and collaborative work on innovative,
real-time solutions to reduce risks from fishing gear
entanglement and ship strikes.
The Committee recognizes that the Northeast lobster fishery
has made significant changes to harvesting practices to protect
North Atlantic right whales, including reducing vertical lines,
marking gear, requiring the use of weaker rope, and
implementing sinking ground lines, which precipitated the North
Atlantic right whale's population growth from roughly 258 in
the 1990s to more than 450 in 2015. The Committee also
understands that sightings of North Atlantic right whales have
declined in the Gulf of Maine over the past decade, as has the
species' primary food source, Calanus finmarchicus, in the
eastern Gulf of Maine. In any rulemaking regarding the North
Atlantic right whale, NMFS shall consider recent research on
Calanus that indicates these zooplankton have been steadily
decreasing in abundance in the Gulf of Maine since 2010. The
North Atlantic right whale risk reduction target proposed by
NMFS depends heavily on how unknown cases are assigned by
fishery and country, and the Committee believes that any
misattributions of whale entanglements that NMFS has
acknowledged must be considered by NMFS and incorporated in
relevant rulemaking.
False Killer Whales.--The Committee encourages NMFS to
study interactions between the U.S. fishing fleet and false
killer whales in the Western Pacific.
Sea Turtle Conservation.--NOAA committed to the Committee
that it would continue its sea turtle stranding and
rehabilitation programs at the NMFS Galveston Laboratory until
it found suitable non-governmental partners to assume the
program in full. However, NMFS has not reported to the
Committee that it has secured commitments from any suitable
partners. Therefore, NMFS is directed to maintain adequate
capacity of the sea turtle stranding and rehabilitation program
until it can report to the Committee that these critical
activities have been fully assumed by partner organizations.
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 2019 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 directs NMFS to
utilize both the ESA 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 2020 spending plan, NOAA shall
include a detailed accounting, by object class, 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 directs NOAA to obligate no less than 95
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 and scientific staff are most effective in meeting
their mission when located in the communities they serve. To
the greatest extent practicable, the Committee directs NMFS to
proactively station regional science center staff and
leadership within the regions they serve.
NMFS Facilities.--The Committee supports NOAA's efforts to
reduce costs and achieve a more efficient and effective
facilities footprint, and adopts the proposed divestment of the
Pacific Grove Laboratory and Building 74 of the James J. Howard
Marine Sciences Laboratory. However, the Committee does not
adopt the proposed divestment of the Estuarine Habitats and
Coastal Fisheries Center. NOAA is encouraged to work with the
other Federal occupants of the Estuarine Habitats and Coastal
Fisheries Center to develop a plan to transfer ownership and
transition NOAA personnel from the Center to another location
on the U.S. Gulf Coast. NOAA shall deliver this plan to the
Committee within 270 days of enactment of this act to inform
any future action.
Aleutian Island Pollock.--The Committee directs NMFS to
continue providing technical support, as needed, to the
recipients of the Exempted Fishing Permit [EFP] for the pollock
test fishery in the Bering Sea and Aleutian Islands management
area. Depending on the results of the EFP, NMFS should consider
additional regulatory changes to the management of Aleutian
Islands pollock.
Fisheries Surveys.--The Committee is concerned that NMFS is
not prioritizing and maintaining the needed level of fisheries
survey coverage, despite having received more than adequate
funding from the Committee in previous fiscal years to do so.
The Committee notes that any reduction in fisheries survey
coverage is unacceptable, especially in areas where the
distribution of fish stocks are changing due to climate change.
Therefore, an additional $2,000,000 above the fiscal year 2019
enacted level is provided for NMFS to maintain historical
levels of fisheries survey coverage in fiscal year 2020. At
this funding level the Committee expects NMFS to contract no
less than five vessels for Alaskan bottom trawl surveys and
cooperative research, and no less than four vessels for west
coast groundfish surveys. Further, NMFS shall provide the
Committee, concurrent with the submission the fiscal year 2020
spending plan, a detailed accounting of how funding within
Fisheries Data Collections, Surveys and Assessments will be
allocated by region for fisheries surveys and assessments as
well as how that compares with the levels provided in fiscal
years 2017, 2018, and 2019.
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 Ecosystem Science Programs and
Services, the Committee provides no less than $2,000,000 for
NMFS to support Gulf reef fish surveys, research, and sampling.
Additional direction and resources are provided within Oceanic
and Atmospheric Research [OAR] to support agency-independent
partnerships with academic research institutions. NMFS is
encouraged to collaborate with OAR on the formulation and
execution of this opportunity.
State Management for Recreational Red Snapper.--The
Committee commends the Gulf of Mexico Fishery Management
Council for approving ``Reef Fish Amendment 50: State
Management for Recreational Red Snapper,'' and in so doing
delegating management authority of the private angling
component for recreational red snapper fishing to each Gulf
State. The Committee urges the Department to approve this
measure and believes successful implementation should be a top
priority for NMFS. Therefore, within the amount provided for
Fisheries Data Collections, Surveys and Assessments, the
Committee provides $5,000,000 for NMFS to continue to deliver
technical support to the Gulf States to ensure successful
implementation by each State.
Additionally, the Committee directs NMFS to continue to
certify and incorporate agency-independent and alternative
approaches to stock assessments, including surveys developed by
Gulf States, into the agency's 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.
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.
For-Hire Electronic Monitoring and Reporting [EM/ER]
Implementation.--Within Fisheries Management Programs and
Services, the Committee provides $2,650,000 above the fiscal
year 2019 level for data collection and catch and effort
validation to support timely implementation of electronic
logbooks for the federally permitted charter-for-hire sector in
the Gulf of Mexico. Further, the Committee provides $1,525,000
above the fiscal year 2019 level within Enforcement for
associated State and Federal enforcement activities necessary
to ensure successful implementation. Within existing resources,
the Committee directs NMFS to continue supporting
implementation of EM/ER 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.
Lobster Fishing Gear.--The Committee encourages further
collaboration among states, the fishing industry, academic
institutions, and nongovernmental organizations in the
development of innovative gear through field trials and
preliminary implementation.
Fisheries Information Networks.--Within funding provided
for Fisheries Data Collections, Surveys and Assessments,
$24,000,000 is provided for Fisheries Information Networks. The
Committee directs NMFS to dedicate the entire increase above
the fiscal year 2019 enacted level to support Fisheries
Information Systems grants.
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 provides $500,000 to maintain a
time-series monitoring system that includes no less than
monthly data collection, analysis, and dissemination of
hydrographic and ecological data to inform fishery management
on the Northern California Current.
Pacific Bluefin Tuna.--The Committee is concerned by the
depleted status of Pacific bluefin tuna. The Committee
encourages NMFS to allocate resources in support of the
Management Strategy Evaluations for Pacific bluefin tuna and
other priority highly migratory species managed under
international agreements. Further, the Committee calls upon
NMFS to ensure a strong U.S. negotiating position on Pacific
bluefin tuna recovery by providing resources to support
engagement of the Pacific Fishery Management Council and U.S.
stakeholders to ensure continued progress on the international
recovery plan.
American Lobster and Jonah Crab Research.--American lobster
is the Nation's most valuable single-species fishery, with 2017
landings valued at $552,000,000. The Jonah crab fishery is a
rapidly growing alternative fishery that allows American
lobster harvesters to adapt to changing ocean conditions. Jonah
crab landings were valued at $16,200,000 in 2017 and are
expected to grow. Adequate data are required to ensure that
State and interstate managers can effectively and sustainably
manage these stocks. The Committee provides up to $300,000
within Fisheries Data Collections, Surveys and Assessments to
support a cooperative research program to collect biological,
fishery, and environmental data for American lobster and Jonah
crab using modern technology on commercial fishing vessels.
Fisheries Effort Survey [FES].--The Committee is concerned
by reports that the Marine Recreational Information Program FES
may be vastly overstating fishing effort. While the FES
methodology represents a clear improvement from previous
methodologies, the Committee supports the cautious approach to
utilizing these estimates advocated by the Gulf of Mexico
Fishery Management Council and South Atlantic Fishery
Management Council Scientific and Statistical Committees. The
Committee encourages NMFS to conduct a thorough analysis of the
effect of such estimates on stock status and allocation before
they are used for stock management.
Data Collection for Recreational Fisheries.--Through
passage of the Modern Fish Act (Public Law 115-405), Congress
reaffirmed the need for NMFS to develop alternative management
approaches and more reliable fishery data collection tools for
recreational fisheries. The Committee provides no less than
$2,500,000 within Fisheries Data Collection, Surveys and
Assessments, to support collaborative programs focused on
improving recreational fishery data collection, as articulated
in sections 201 and 202 of Public Law 115-405. This funding
should focus on assisting States to establish, test, and
implement more reliable recreational fishery data collection
tools, such as smartphone applications or text messaging
supplements. The Committee also looks forward to receiving the
studies called for in sections 101 and 103 of Public Law 115-
405.
Atlantic Herring Stock Assessment.--The Committee directs
NMFS to ensure that its 2020 Atlantic herring assessment is
completed on schedule and to notify the Committee if it
anticipates that the deadline will not be met.
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 $2,500,000 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. Within funding provided, $500,000 shall be
obligated to develop methods for improving and increasing
utilization of the full range of available fishery dependent
data to better inform groundfish stock abundance estimates,
including implementation of the recommendations set forth in
the New England Fishery Management Council's Fishery Data for
Stock Assessment Working Group Report. 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.
Electronic Monitoring and Reporting.--Within Fisheries
Ecosystem Science Programs and Services, the Committee provides
no less than the fiscal year 2019 level for 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
2020, 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, United States Code) 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
2020 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; the
Maine lobster 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.
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 no less than the fiscal year 2019 enacted
amount within Observers and Training for this purpose. Before
obligating any of these funds, NOAA shall provide the Committee
with a detailed spending plan. Further, NOAA is directed to
submit a report to the Committee not less than 180 days after
enactment of this act that outlines the current status of
electronic monitoring and reporting EM/ER technology for the
Northeast multispecies fishery, including an assessment of
whether fully operational EM/ER procedures will be ready to
replace At-Sea Monitoring on a voluntary basis by September 30,
2021, and if not, an evaluation of the current barriers. The
report should also specify methods that will improve the
quality and utility of At-Sea Monitoring and electronic
monitoring data for purposes of achieving more reliable
estimates of stock abundance a $1,000,000 increase above the
fiscal year 2019 level.
International Fisheries Management Coordination.--The
Committee is aware that conflicting American and Canadian
fisheries management measures in the Gulf of Maine have
generated concerns from the domestic fishing and lobster
industries, due to differing conservation regulations. The
Committee encourages NOAA to work with Canadian and state
fisheries officials to explore the possibility of developing an
agreement that provides for cooperative fisheries management of
this unique area.
North Pacific Observer Coverage.--Within Observers and
Training, the Committee provides no less than $7,000,000 for
the North Pacific Observers Program a $1,000,000 increase above
the fiscal year 2019 level.
Illegal, Unreported, and Unregulated [IUU] Fishing.--Under
Fisheries Management Programs and Services, the Committee
provides no less than the fiscal year 2019 amount to combat IUU
fishing, including continued execution of the program
established under section 539 of the Commerce, Justice,
Science, and Related Agencies Act, 2018 (Public Law 115-141).
Under Enforcement, an additional $1,600,000 is provided for
NMFS to improve its enforcement of the program and strengthen
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.
Additionally, NOAA is directed to consider how innovative
remote sensing technology could help fulfill its IUU 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.
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.
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 2019 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 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
2019 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
funding level provided for NMFS Aquaculture, the Committee
provides no less than $5,000,000 to support ongoing research in
off-bottom Eastern oyster production in coastal areas,
particularly in areas where this method is being exploited for
commercial production, including the Gulf of Mexico, and
encourages NMFS to dedicate resources to support regional
partnerships for genetics, disease, and economic modeling.
In addition, the Committee recognizes that the shellfish
farming industry is composed of thousands of small farmers who
are unable to fund critical research in the fields of shellfish
disease, food safety, warming waters, and ocean acidification.
To improve coordination and consistency, the Committee directs
NMFS Aquaculture to engage and partner with industry, academic
institutions, and States to conduct collaborative research to
address the challenges facing this growing industry. 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
$34,500,000, an increase of $19,000,000 above fiscal year 2019,
to enable NOAA, the Pacific States, and tribal communities to
begin implementation of the obligations set forth in the 2018
Pacific Salmon Treaty. Before any of these funds may be
obligated, NOAA is directed to provide the Committee with a
detailed spending plan that is reflective of the funding
recommendations produced by the U.S. section of the Pacific
Salmon Commission and that strikes an appropriate balance
between annual and initial funding needs. In doing so, NOAA is
directed to consult with the Pacific States, tribal
communities, and other stakeholders. Further, NOAA is
encouraged to minimize, to the extent practicable, the amount
of funds withheld for administrative expenses.
The Committee also provides no less than the fiscal year
2019 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 declining and the ESA
listed stocks, while allowing for sustainable commercial and
recreational access to healthy stocks in the wild. NMFS shall
continue to support GSI research, including the collection,
analysis, and testing of methods that rely on genetics-based
data to identify and track the location of federally protected
stocks in the wild.
Fishery Councils and Commissions.--The Committee provides
$40,247,000 to support the Regional Fishery Management
Councils, Interstate Marine Fisheries Commissions, and
International Fisheries Commissions. 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.
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, the
Committee provides $18,500,000 for these agreements, which are
critical for proper surveillance and enforcement of our
nation's fisheries laws.
The Committee is concerned that NMFS's Office of Law
Enforcement [OLE] has overly bureaucratized its administration
of these agreements, to the point that some longstanding State
and Territorial enforcement partners have considered no longer
participating. Therefore, no later than 90 days after enactment
of this act, NMFS OLE is directed to convene a meeting with the
State and Territorial enforcement partners to discuss measures
that can be taken to reduce administrative and bureaucratic
burdens that have been levied upon them. NMFS shall brief the
Committee, not later than 180 days after enactment of this act,
on the results of the meeting, including what actions will be
taken to reduce burdens.
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 and tracking
of vessels in the fixed-gear fisheries, such as lobster, is
critical to ensure fishing gear is compliant and minimizes
negative impacts on whale health.
Horseshoe Crab Survey.--The Committee remains concerned
about the ability to estimate the abundance of the mid-Atlantic
horseshoe crab population. Adequate data are 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 directs 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].--The
Committee encourages NMFS to continue its efforts to pursue
alternatives that would lessen the negative economic impacts of
any potential rule requiring all skimmer trawls, pusherhead
trawls, and wing nets rigged for fishing to use TEDs in their
nets, while still maintaining conservation measures.
Habitat Conservation and Restoration.--The Committee
provides $56,885,000 for Habitat Conservation and Restoration
activities. The Committee provides no less than the fiscal year
2019 enacted amount 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.
Oyster Restoration.--The Committee encourages NOAA to work
with external partners to research alternative substrates for
oyster restoration. NOAA is encouraged to consider
survivability as part of the oyster restoration program in the
Chesapeake Bay. The Committee provides no less than the fiscal
year 2019 enacted amount within Habitat Conservation and
Restoration to support oyster restoration in the Chesapeake
Bay.
Kelp Forests.--Kelp forests found off the U.S. West Coast
are vibrant ecosystems that sustain a variety of unique
species. However, these ecosystems face a number of compounding
pressures that threaten their survival, including warming
waters and overpopulation of purple sea urchins. The Committee
encourages NOAA to investigate measures to protect kelp
forests, including controlling urchin populations. In addition,
the Committee encourages NOAA to support efforts to survey kelp
forests.
Regional Biosecurity Plan for Micronesia and Hawaii.--The
Committee looks forward to receiving the report required in
fiscal year 2019 appropriations act and requires an update for
fiscal year 2020.
NOAA OCEANIC AND ATMOSPHERIC RESEARCH
The Committee's recommendation provides $531,207,000 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.......... 80,758
U.S. Weather Research Program.................... 22,080
Tornado Severe Storm Research/Phased Array Radar. 14,134
Joint Technology Transfer Initiative............. 15,000
------------------
Total, Weather and Air Chemistry Research...... 131,972
==================
Ocean, Coastal, and Great Lakes Research:
Laboratories and Cooperative Institutes.......... 35,000
National Sea Grant College Program............... 75,000
Marine Aquaculture Research...................... 13,000
Sustained Ocean Observations and Monitoring...... 44,000
Integrated Ocean Acidification................... 12,000
Ocean Exploration................................ 42,000
National Oceanographic Partnership Program [NOPP] 5,000
------------------
Total, Ocean, Coastal, and Great Lakes Research 226,000
==================
High Performance Computing Initiatives............... 13,235
==================
GRAND TOTAL OAR................................ 531,207
------------------------------------------------------------------------
Climate Research.--The Committee rejects OAR's request to
eliminate Climate Competitive Research.
Coastal Resilience.--Within funding provided for Climate
Competitive Research, NOAA is encouraged to partner with State
Sea Grant programs and work to enhance the coastal resilience
of remote communities at most risk to natural disasters and
chronic events, with a priority given to challenges faced by
tribal, indigenous, or economically disadvantaged communities.
Arctic Research.--The Committee provides no less than
$6,000,000, an increase of $1,000,000 above the fiscal year
2019 level, 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 adopts the proposed transition of
the Unmanned Aircraft Systems office from OAR to the Office of
Marine and Aviation Operations, as part of the establishment of
an unmanned systems operations program. The Committee rejects
all other proposed cuts to Weather & Air Chemistry Laboratories
and Cooperative Institutes, including the elimination of the
Air Resources Laboratory [ARL]. No less than the fiscal year
2019 level is provided for ARL.
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.
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, the Committee
provides no less than the fiscal year 2019 level for OAR to
make grants available for research activities to advance the
National Water Model, including improving measurements of snow
depth and soil moisture data, and 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.
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.
Weather Modeling Improvement and Innovation.--Within
funding for the U.S. Weather Research Program, the Committee
provides no less than $7,000,000 for NOAA to establish the
Earth Prediction Innovation Center [EPIC], as authorized by the
National Integrated Drought Information System Reauthorization
Act of 2018 (Public Law 115-423). The Committee expects that
this investment will lead to improvements in NOAA's operational
weather forecasting capabilities to protect life and property.
Before any funds for EPIC may be obligated, NOAA is directed to
provide the Committee with a five-year strategic plan for EPIC
that outlines: (1) NOAA's investment strategy for the Center,
which is expected to consist of an extramural center approach
that is leveraged by intramural investment; and (2)
quantitative goals for improving NOAA's operational weather
forecasting capabilities.
Phased Array Radar [PAR] Program.--The Committee recognizes
the importance of the PAR program and other advanced radar
research and development in satisfying the agency's weather and
related requirements, and provides an additional $1,500,000 for
these purposes. The Committee looks forward to receiving the
plan requested in the Joint Explanatory Statement accompanying
the Consolidated Appropriations Act, 2019, (Public Law 116-6).
Radiative Forcing.--The Committee is aware of the National
Academies of Sciences' [NAS] development of a research agenda
and governance approaches for climate intervention strategies
and the participation of NOAA in this process. The Committee
looks forward to receiving the results of the NAS study to
inform future action.
Ocean, Coastal, and Great Lakes Laboratories and
Cooperative Institutes.--The Committee provides $35,000,000 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. This funding level reflects the Committee's adoption of
the proposed transition of the Autonomous Underwater Vehicle
Demonstration Testbed from OAR to the Office of Marine and
Aviation Operations, as part of the establishment of an
unmanned systems operations program.
The Committee continues to strongly support the established
institutes, including those focused on watershed effects on
marine ecosystems, remote sensing, long-term monitoring of oil
spill impacts on marine ecosystem health, coastal resilience,
ocean exploration within the U.S. Exclusive Economic Zone, and
harmful algal blooms.
Cooperative Institutes for the 21st Century [CI21].--The
Committee supports the vision of NOAA's ``Prospectus for
Cooperative Institutes in the 21st Century,'' and directs NOAA
to fully implement the CI21 recommendations to the extent to
which the agency has not already done so. Within 90 days of
enactment of this act, NOAA is directed to submit a report to
the Committee that details how each of the CI21 recommendations
have been, or are being, implemented. Furthermore, OAR is
directed to provide the Committee the results of the review of
Cooperative Institute research themes and efforts called for
within CI21.
National Sea Grant College Program.--The Committee roundly
rejects the administration's proposed elimination of NOAA's Sea
Grant program. Instead, the Committee provides an increase of
$7,000,000 above the fiscal year 2019 level 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.
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 looks forward to
receiving, and being briefed on, the results of the Sea Grant
sponsored project to ``Estimate the Absolute Abundance of Red
Snapper in the U.S. Gulf of Mexico'' in fiscal year 2020.
The Committee remains concerned about the negative impacts
of short recreational fishing seasons for other reef-fish in
the Gulf of Mexico. Additional data sources and assessment
approaches are also needed for these species and these efforts
should continue to be pursued by entities other than NOAA's
regulating line office, NMFS. Therefore, the Committee provides
$5,000,000 within Sea Grant above the fiscal year 2019 level to
partner with academic research institutions to develop agency-
independent estimates of the abundance of greater amberjack in
the Gulf of Mexico. Sea Grant is encouraged to coordinate with
NMFS during the formulation and execution of this opportunity.
American Lobster Research.--Within 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 overcoming reduced availability of herring for lobster
bait and 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.
Highly Migratory Species.--The Committee provides no less
than the fiscal year 2019 enacted level within OAR for the Sea
Grant program to partner with State agencies, academia, and the
fishing industry to research 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. 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.
Aquaculture Research.--The Committee provides $13,000,000
for marine aquaculture research. NOAA is directed to support
marine aquaculture research and development in partnership with
universities, including with Historically Black Colleges and
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. NOAA is encouraged to use the
increase above fiscal year 2019 levels to explore new research
topics, including engineering of ocean-based infrastructure,
accumulation and metabolization rates of brevetoxins in
commonly farmed shellfish, and integrated multi-trophic
aquaculture.
Ocean Exploration.--The Committee directs OAR to maximize
the amount of appropriated funding provided to the new Ocean
Exploration Cooperative Institute. 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.
National Oceanographic Partnership Program.--The Committee
provides $5,000,000 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.
The Committee supports the original intent of NOPP, and
encourages NOAA to leverage this investment by partnering with
other Federal agencies with a shared interest in ocean
research, operations, technology, education, and natural
resource management, to pursue research that advances multiple
agency missions.
Environmental Genomics.--The Committee rejects the
administration's proposal to terminate the environmental
genomics program. Instead, the Committee provides no less than
the fiscal year 2019 enacted level for these activities. The
Committee notes that NOAA's work in this area suggests that
environmental genomics is a promising, reliable, and affordable
ocean observation tool.
NOAA NATIONAL WEATHER SERVICE
The Committee's recommendation provides $1,060,045,000 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.......................................... 229,662
Central Processing.................................... 97,980
Analyze, Forecast, and Support........................ 509,850
Dissemination......................................... 75,093
Science and Technology Integration.................... 147,460
-----------------
GRAND TOTAL NWS................................. 1,060,045
------------------------------------------------------------------------
Information Technology Officers [ITOs].--The Committee does
not approve the NWS proposal to consolidate ITOs. The Committee
notes that NWS was again invited to submit a proposal for a
single pilot Regional Enterprise Application Development and
Integration [READI] team comprised of volunteer ITOs. However,
the Committee still 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 recognizes NWS's work to fill
vacancies, especially for weather forecast personnel. However,
there is a long way to go, and the Committee continues to be
concerned with the 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. The Committee does not adopt the
proposed NWS workforce savings and directs NWS to continue
efforts to fill all vacancies as expeditiously as possible.
Furthermore, NOAA shall continue to provide quarterly
briefings to the Committees on all NWS staffing issues, to
include: a list of funded vacancies, by type and location,
including the length of time the positions have been vacant;
the Program, Project, or Activity [PPA] from which each vacancy
is funded, and the plan for addressing each vacancy; an update
on the implementation of the Operations and Workforce Analysis;
budget execution by PPA; major procurements; and other topics
as appropriate.
Observations.--The Committee rejects all proposed cuts to
Upper Air, Surface, and Marine Observations.
Weather Radar Interference.--The Committee encourages the
mitigation of interference and impacts from wind farms on
Doppler weather radars, particularly in the interior portions
of the United States where the most new wind power capacity is
being added. The Committee supports the directive included in
Section 318 of the Conference Report accompanying Public Law
115-232, for NOAA and the Department of Defense to conduct a
joint study on the impact of wind farms on weather radars. NOAA
is directed to provide the Committee with the results of this
study upon completion and recommendations regarding the Federal
Aviation Administration obstruction evaluation process under 49
U.S.C. 44718.
National Ice Center Technical Transfer.--The Committee
adopts the proposed transfer of the National Ice Center from
the National Environmental Satellite and Data Information
Service [NESDIS] to NWS.
National Mesonet Program.--The Committee provides
$20,000,000, an increase of $1,000,000 over the fiscal year
2019 level, for the continuation and expansion of the National
Mesonet Program. Investments going forward should sustain
coverage of data types and areas now included within the
national mesonet, as well as an expansion of in-situ and remote
sensing capabilities to include weather measurements in high-
risk areas. The Committee encourages the National Mesonet
Program to proactively work with other Federal agencies,
including the National Science Foundation and the U.S.
Geological Survey, to identify observations and platforms of
opportunity in areas with sparse instrumentation that may be
transferred to the National Mesonet Program.
NEXRAD Coverage Gaps.--The Committee remains concerned
about gaps in national coverage by the NEXRAD system. The
Committee encourages NWS to continue its close coordination
with local governments and weather officials to ensure that
radar gaps are lowered to the maximum extent practicable.
NWS Staffing in Alaska.--The Committee remains concerned
about potential NWS staffing reductions in Alaska and reminds
NWS that any staffing changes must comply with the
reprogramming procedures set forth in section 505 of this act.
Prior to proposing any staffing reductions, NWS shall conduct
community outreach meetings in all affected communities.
National Centers for Environmental Prediction [NCEP].--The
Committee does not adopt the NWS proposal to consolidate
centers under NCEP in fiscal year 2020.
Facilities Maintenance.--Within funding for Analyze,
Forecast, and Support, the Committee continues to encourage NWS
to address its highest priority facilities repair and deferred
maintenance requirements at Weather Forecast Offices.
Advanced Hydrologic Prediction Services Expansion [AHPS].--
The Committee again 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 2019 level 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 and Deep Ocean Assessment
and Reporting of Tsunamis 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 2019 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. The
Committee expects NWS to expeditiously fill the current
vacancies.
Further, the Committee directs NWS to submit a report
explaining: (1) how tsunami warnings are issued and how the
information is disseminated to all communities under a warning;
(2) what NWS is doing to ensure that tsunami warnings reach all
communities, including those with limited cellular service and
broadband infrastructure; (3) how the alert and warning systems
work and interact with other emergency notification alert
systems; (4) how third-party disseminators are educated to
interpret and use the alert and warning systems, including test
messages; and (5) what NWS is doing to conduct outreach and
trainings with local emergency managers in advance of a warning
being issued.
Office of Water Prediction [OWP].--The Committee provides
no less than $33,000,000 for OWP, which receives funding across
multiple NWS budget lines. The Committee rejects the proposed
decrease for OWP within Analyze, Forecast, and Support and
provides increased funding above fiscal year 2019 levels to
continue to expedite hiring within the National Water Center
[NWC] Water Prediction Operations Division and reach full
operating capability. The Committee notes that the
unprecedented flooding season of 2019 further demonstrates the
urgent need to achieve full operating capability at the NWC as
soon as possible in order to adequately support its role as the
NWS center of excellence for water resources prediction and
related decision support services. Therefore, NOAA is directed
to transition OWP personnel from other offices to the NWC, as
deemed necessary to improve effectiveness and efficiency.
Within 45 days of enactment of this act, NOAA is directed to
provide the Committee with an updated staffing plan for the NWC
that reflects the direction provided herein.
The Committee is pleased with the ongoing research-to-
operations efforts within OWP and provides increased funding
over fiscal year 2019 levels to continue to expedite
development of the National Water Model and other next-
generation water modeling capabilities. NWS shall leverage this
funding with resources provided to NWS for hydrology and water
resource programs, NOS for IWP, and OAR for hydrologic modeling
grants. The Committee directs NWS to continue to expeditiously
transition the water resources prediction capabilities
developed by OWP into operations.
Dissemination Technical Transfer.--The Committee adopts the
technical transfer of $25,000,000 from PAC to ORF for
Dissemination.
Hydrology and Water Resource Programs.--The Committee
provides no less than $6,000,000 for NWS, in coordination with
existing academic research consortiums, 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.
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.
Science and Technology Integration.--The Committee provides
no less than the fiscal year 2019 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.
NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
The Committee's recommendation provides $259,739,000 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........ 166,063
Product Development, Readiness & Application...... 28,434
Commercial Remote Sensing Licensing & Enforcement. 1,800
Office of Space Commerce.......................... 1,800
Group on Earth Observations [GEO]................. 500
-----------------
Total, Environmental Satellite Observing Systems 198,597
=================
National Centers for Environmental Information........ 61,142
-----------------
GRAND TOTAL NESDIS.............................. 259,739
------------------------------------------------------------------------
National Centers for Environmental Information [NCEI].--The
Committee provides $61,142,000 for NCEI, including not less
than $6,000,000 for Regional Climate Services, $4,150,000 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.
NESDIS Technical Transfers.--The Committee accepts the
following technical transfers included in the request within
the Office of Satellite and Product Operation: the transfer of
the National Ice Center to NWS, and the transfer of Joint Polar
Satellite System [JPSS]-1 and Metop-C operations from PAC to
ORF. The Committee also accepts the transfer of funding for the
Joint Center for Satellite Data Assimilation from Product
Development, Readiness and Application to OAR.
Office of Space Commerce.--Funding for Commercial Remote
Sensing Licensing and Enforcement and the Office of Space
Commerce is provided within NESDIS. Further direction on the
Department's transfer request for these offices is included
under Departmental Management.
Study on Satellite Instrumentation and Data.--The Committee
directs NOAA to submit a study, within 120 days of enactment of
this act, which assesses the impacts to the agency's weather
satellites with instruments operating within the 23.6-24 GHz
band under an out-of-band emissions limit of -28 decibel watts.
The study should consider: (1) the performance impacts to on-
orbit and planned NOAA scientific instrumentation, including
passive microwave sensors on environmental satellite systems;
(2) any expected effects on NOAA weather forecasting skill due
to data degradation; and (3) the estimated costs to procure
supplementary observations or to modify affected
instrumentation on planned polar orbiting satellites.
NOAA MISSION SUPPORT
The Committee's recommendation provides $288,661,000 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.
Committee recommendations are displayed in the following
table:
MISSION SUPPORT OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Corporate Services:
Executive Leadership.............................. 27,078
Mission Services and Management................... 155,934
IT Security....................................... 15,079
Payment to DOC Working Capital Fund............... 62,070
-----------------
Total, Corporate Services....................... 260,161
=================
NOAA Education Program................................ 28,500
=================
GRAND TOTAL, MISSION SUPPORT.................... 288,661
------------------------------------------------------------------------
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.
Sexual Assault and Sexual Harassment.--The Committee
commends the agency for its efforts to provide employees a
workplace free from sexual assault and sexual harassment,
including issuance of NOAA Administrative Order [NAO] 202-1106
and creation of a Sexual Assault and Sexual Harassment
prevention program. The Committee directs NOAA to continue
implementing NAO 202-1106 and provides $1,000,000 within
Mission Services and Management for this purpose. NOAA shall
provide the Committee with a copy of the report required under
Section 12.02 of NAO 202-1106.
NMFS Operations.--NOAA shall enter into a contract with an
independent organization with experience in assessing Federal
agencies for the purposes of evaluating efficiencies that can
be made to NMFS's budgetary operations. This review shall
consider options to restructure the NMFS budget to better
inform and connect budgetary, planning, and decision-making
processes with the distinct needs of each region served by
NMFS. The contracted entity should consult with stakeholders,
partners, other user groups, and NMFS employees. Any
recommended changes should not result in any degradation of
service by NMFS. The Committee provides $1,000,000 for this
purpose.
National Capital Region Consolidation.--The Committee
provides $1,000,000 within Mission Services and Management to
begin the consolidation of the NOAA National Capital Region
presence into a single, primary location at the Silver Spring
Metro Center campus. No less than 90 days after enactment of
this act, NOAA shall provide a full accounting of the long-term
costs and savings of the consolidation.
Commerce Business System [CBS].--The Committee provides the
requested increase within Mission Services and Management to
support upgrades to the CBS financial system hardware and
software.
NOAA Environmental Security Computing Center [NESCC].--The
NESCC is a strategic resource supporting both NOAA's
operational and research compute needs. The NESCC includes some
of the highest priority NOAA programs including the
Geostationary Operational Environmental Satellite [GOES]-R and
JPSS backup ground stations, the NOAA Security Operations
Center, and the Commerce Department Enterprise Security
Operations Center. The Committee directs NOAA to provide the
proposed funding levels for NESCC for the next 5 years as part
of the fiscal year 2021 budget request.
Cybersecurity.--The Committee provides the requested
increase within IT Security to establish a NOAA enterprise-wide
Internal Risk Mitigation capability to address the current risk
to sensitive data and operations systems from insider threats.
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; $16,000,000 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.
Cooperative Science Center for Ocean Education.--The
Committee supports this important effort to conduct research,
build institutional capacity, and increase the number of
graduate students, particularly from underrepresented
communities, to help prepare a future workforce to support
NOAA's scientific mission.
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 $246,415,000 for
NOAA's marine and aviation operations. The Office of Marine and
Aviation Operations [OMAO] 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..................... 198,000
Aviation Operations................................... 35,750
Autonomous Unmanned Technology Operations............. 12,665
-----------------
GRAND TOTAL, OMAO............................... 246,415
------------------------------------------------------------------------
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.
Hi`ialakai Operations and Mitigation.--The Committee notes
the significant, unexpected negative revelations regarding the
material condition of NOAA Ship Hi`ialakai. These discoveries
reveal that the crew of Hi`ialakai was subjected to risk from a
potentially catastrophic failure of the ship's hull. These
issues also frustrate the Committee's efforts to establish an
orderly cadence for the recapitalization of the aging NOAA
Fleet. Neither is acceptable. In order to compensate for the
unexpected failure of Hi`ialakai, the Committee provides no
less than $3,125,000 for the cost of maintaining mission
integrity in the Pacific region, and other appropriate
measures. NOAA shall report to the Committee about how the
Hi`ialakai mission will be sufficiently covered before
obligating the funds, including any plans to permanently or
temporarily re-locate vessels to the Pacific Island region to
compensate for the loss of the Hi`ialakai.
Vessel Maintenance.--The Committee directs NOAA to develop
and submit a schedule within 30 days of enactment of this act
to complete the material condition assessment of the full NOAA
fleet by the end of fiscal year 2020. NOAA's fleet
recapitalization plan should be amended as needed in order to
account for any further anomalies that threaten fleet
operations and the planned cadence for recapitalization.
NOAA Fleet Augmentation.--NOAA is directed to provide the
Committee, within 180 days of enactment of this act, a business
case analysis, including budget estimates, for leasing and
chartering non-NOAA vessels that would fully cover the mission
of NOAA Ship Hi`ialakai and any NOAA vessel that is currently
serving beyond its anticipated service-life.
Charter Vessels.--The Committee has closely followed and
consistently supported NOAA's plan to recapitalize its vessel
fleet. However, the Committee is increasingly concerned about
the growing backlog of unfulfilled responsibilities in NOAA's
charting and survey mission, particularly with respect to
Arctic waters. This concern is heightened by the long lead
times anticipated for vessel delivery under the plan, as well
as the recent decommissioning of NOAA ship Hi`ialakai. For that
reason, the committee encourages NOAA, beginning in fiscal year
2020 and from available funds, to enter into charter agreements
for the services of not less than two private sector vessels to
supplement its charting and survey efforts. In furtherance of
this directive, NOAA shall focus on the need to conduct
charting and survey activities in the Arctic.
Monitoring of Atmospheric Rivers.--Improving understanding
of atmospheric rivers is critical to prepare for concentrated
rain storms and flooding along the U.S. West Coast. Therefore,
the Committee provides $1,000,000 within Aviation Operations to
better observe and predict these extreme weather events.
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 2019.
Furthermore, the Committee encourages NOAA to outline specific
dropsonde acquisition costs as part of its fiscal year 2021
budget request.
High Altitude Hurricane Hunter Aircraft.--The Weather
Research and Forecasting Innovation Act of 2017 (Public Law
115-25) directed NOAA to obtain a back-up capability to support
its high altitude hurricane surveillance operational mission.
In fiscal year 2018, the Committee provided NOAA with funding
to procure a new high altitude aircraft, which is expected to
be operational in fiscal year 2022. However, the Committee is
concerned that while NOAA awaits delivery of this new aircraft
it does not currently have a viable back-up capability for the
high altitude hurricane surveillance mission, particularly
given that NOAA's current high altitude aircraft is aging and
has experienced technical issues in the past. Therefore, NOAA
is directed to report to the Committee within 90 days of
enactment of this act on how it intends to meet the high
altitude hurricane surveillance back-up capability requirement.
Autonomous and Unmanned Technology Operations [AUTO].--The
Committee approves NOAA's request to establish an unmanned
systems operations program within OMAO, as authorized by the
Commercial Engagement through Ocean Technology Act (Public Law
115-394), and provides $12,665,000. Within the funds provided,
up to $4,000,000 may be used to continue projects previously
supported by the Unmanned Aircraft Systems Program Office or
the Autonomous Underwater Vehicle Demonstration Testbed.
Further, the Committee provides up to $3,000,000 to continue
data acquisition from unmanned maritime systems [UMS], as
defined within Public Law 115-394, as well as for cooperative,
competitive research and development of UMSs that can serve as
a cost-effective augmentation for relevant research missions
and fisheries data collection.
Furthermore, in establishing the AUTO program office, the
Committee encourages NOAA to leverage partnerships with
universities and other Federal agencies, especially the Naval
Meteorology and Oceanography Command and the Naval Undersea
Warfare Center, to leverage UMS assets and facilities to
support program development.
Unmanned Systems.--The Committee notes the potential of
unmanned aerial and marine systems as a mechanism to supplement
the collection of observational data for weather forecasting.
Therefore, the AUTO program office, in coordination with NWS,
OAR, and NOS, is directed to provide the Committee with a cost-
benefit analysis, including budgetary estimates, of using
unmanned aerial and marine systems to expand NOAA's data
collection capabilities for weather forecasting, including
high-altitude hurricane missions. The analysis should also
consider potential opportunities to mitigate limited unmanned
system availability by sharing platforms with other Federal
Government agencies, including through reimbursable agreements.
NOAA PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2019.................................... $1,755,349,000
Budget estimate, 2020................................... 1,406,236,000
Committee recommendation................................ 1,552,528,000
The Committee's recommendation provides $1,552,528,000 for
NOAA's Procurement, Acquisition and Construction [PAC]. The
recommendation is $202,821,000 below the fiscal year 2019
enacted level and $146,292,000 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.. 6,000
Marine Sanctuaries Construction/Acquisition....... 6,000
-----------------
Total National Ocean Service--PAC............... 12,000
=================
Ocean and Atmospheric Research:
Research Super Computing.......................... 41,000
=================
National Weather Service:
Observations...................................... 16,250
Central Processing................................ 66,761
Dissemination..................................... 9,934
WFO Construction.................................. 10,000
-----------------
Total, National Weather Service--PAC............ 102,945
=================
National Environmental Satellite, Data and Information
Services:
Geostationary Systems [GOES-R].................... 304,056
Polar Weather Satellites.......................... 755,038
Cooperative Data and Rescue Services [CDARS]...... 14,850
Space Weather Follow-on........................... 68,600
COSMIC-2.......................................... 5,892
Satellite Ground Services......................... 58,000
System Architecture and Advanced Planning......... 17,197
Projects, Planning, and Analysis.................. 37,500
Satellite CDA Facility............................ 2,450
Commercial Weather Data........................... 8,000
-----------------
Total, NESDIS--PAC.............................. 1,271,583
=================
Mission Support:
NOAA Construction................................. 40,000
-----------------
Total, Mission Support--PAC..................... 40,000
=================
Office of Marine and Aviation Operations:
Fleet Capital Improvements & Tech Infusion........ 23,000
New Vessel Construction........................... 75,000
-----------------
Total, OMAO--PAC................................ 98,000
=================
Unobligated balances from prior years................. -13,000
-----------------
GRAND TOTAL, PAC................................ 1,552,528
------------------------------------------------------------------------
National Estuarine Research Reserve [NERR] Construction.--
The Committee provides $6,000,000 for NERR Construction to
support the infrastructure needs of the NERR system. NOAA shall
continue to follow direction provided by the Committee in
Senate Report 115-275 and codified in Public Law 116-6
regarding NERR Construction. The Committee again requests a
report, no later than 90 days after enactment of this act,
should any new construction projects at NERR sites receive
accreditation from a third-party green building rating system.
National Marine Sanctuaries Construction.--The Committee
provides $6,000,000 for PAC needs throughout the sanctuaries
system. Within funding provided, the Committee encourages NOAA
to prioritize recapitalization of National Marine Sanctuaries
vessels.
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.
National Weather Service.--The Committee provides the
requested amount for National Weather Service Observations to
continue the Next Generation Weather Radar and the Automated
Surface Observing System Service Life Extension Programs as
planned.
Integrated Water Prediction.--The Committee provides no
less than the fiscal year 2019 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
$755,038,000 for Polar Weather Satellites, which is equal to
the request. The Committee approves combining the Joint Polar
Satellite System and Polar Weather Follow-on [PFO] program
offices. However, section 104 of this act maintains language
capping the life cycle cost of JPSS to $11,322,125,000 and the
Committee expects NESDIS to maintain the PFO cost and schedule
and looks forward to the program re-baselining as part of the
Key Decision Point-C review occurring in fiscal year 2020. The
Committee also adopts the technical transfer of JPSS-1
operations funding within Polar Weather Satellites from PAC to
ORF.
Space Weather Follow-on [SWFO].--The Committee provides
$68,600,000 for Space Weather Follow-on. Within the funding
provided above the request, the Committee expects NOAA to
maintain its expected SWFO Lagrangian Point-1 mission pace,
including signing a contract for the spacecraft no later than
quarter four of fiscal year 2020. NOAA shall also begin
preparations to integrate a compact coronagraph on GOES-U to
ensure continuation of Federal space weather sentinel and
forecasting capabilities.
NESDIS Reorganization.--The Committee does not adopt the
proposed NESDIS budget and staffing reorganization. However,
NESDIS is encouraged to re-submit the proposed staffing
reorganization pursuant to the procedures set forth in section
505 of this act. NESDIS's proposed budget restructure will
continue to be considered, and NOAA is encouraged to provide
the Committee a revised proposal that clearly articulates the
benefits of the reorganization and how current levels of
program visibility will be maintained. The Committee is
concerned that collapsing and combining individual projects,
programs, and activities will reduce programmatic visibility
and hinder the Committee's oversight capabilities.
System Architecture and Advanced Planning.--The Committee
provides no less than $2,000,000 for Joint Venture Partnerships
with NASA and the commercial sector to leverage emerging
capabilities for NOAA's operational use. The Committee also
provides up to $10,000,000 for potential flight demonstrations
and industry analyses to assess ways to meet NOAA's future
observation requirements from geostationary and extended
orbits.
Metop-SG.--The Committee provides the requested funding to
support Metop-SG within Projects, Planning, and Analysis.
Commercial Weather Data.--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.
The Committee also provides $5,000,000 to initiate
commercial purchase of radio occultation [RO] data for
operational use. NOAA shall provide the Committee with a cost-
benefit analysis of the commercial purchase of RO data 180 days
after the obligation of these funds.
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 $40,000,000
for NOAA's highest priority facilities repair and deferred
maintenance requirements. Within provided funds, NOAA shall
complete regional facilities plans for the Northeast and
Southeast. Thirty days before obligating any additional funds,
NOAA shall submit a report detailing how the funds will be
expended and an explanation of why these projects were
prioritized. The Committee notes that funding may be used for
facilities to accommodate the NOAA research vessels Henry B.
Bigelow and Fairweather.
NOAA Alaska Marine Operation Facility.--The Committee is
aware that NOAA is currently conducting an analysis of
alternatives that is considering homeport options, including
multiple locations in Alaska, for the NOAA research vessel
Fairweather. NOAA is directed to complete this analysis and
provide the results to the Committee within 180 days of
enactment of this act. Furthermore, the Committee encourages
NOAA to coordinate with the U.S. Coast Guard to consider cost-
share opportunities in the development of shore side
infrastructure needed to support the research vessel
Fairweather in Ketchikan.
Vessel Deferred Maintenance and Technology Infusion.--The
Committee has made a concerted effort over the past few fiscal
years to help NOAA increase the number of available days at sea
on the NOAA fleet by providing sufficient deferred maintenance
funding within both ORF and PAC. The Committee expects that
NOAA will continue to make progress and implement a progressive
maintenance model to avoid future issues. To that end, the
funding provided above the request for Fleet Capital
Improvements and Technology Infusion shall be for deferred
maintenance and technology infusion to transition to a
progressive maintenance model.
NOAA Fleet Recapitalization.--The Committee is pleased that
NOAA's fiscal year 2020 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.
Buy American Provisions.--In recognition of the economic
and national security importance of the domestic shipbuilding
industrial base, the Committee included language in Senate
Report 115-275, codified in Public Law 116-6, reminding DOC,
NASA, and NSF of the Buy American provisions contained in law
that apply to the Department of Defense, which require certain
critical shipboard components to be domestically manufactured.
The Committee urged these departments and agencies to make
every effort to acquire, consistent with schedule and cost
competition requirements, only U.S. manufactured components as
listed in 10 U.S.C. 2534(a)(3) and (4), and auxiliary equipment
(including pumps) for shipboard services, propulsion equipment
(including engines, reduction gears, and propellers); shipboard
cranes; and spreaders for shipboard cranes. Further, in Senate
Report 115-139, codified in Public Law 115-141, the Committee
urged NOAA to make every effort to acquire domestically
manufactured components for the vessels in the NOAA Fleet
Recapitalization Plan. The Committee reiterates this direction
as it relates to fiscal year 2020 and directs the Department to
report how this direction was reflected in the ongoing Fleet
Recapitalization Plan.
PACIFIC COASTAL SALMON RECOVERY FUND
Appropriations, 2019.................................... $65,000,000
Budget estimate, 2020...................................................
Committee recommendation................................ 65,000,000
The Committee's recommendation provides $65,000,000 for the
Pacific Coastal Salmon Recovery Fund [PCSRF]. The
recommendation is equal to the fiscal year 2019 enacted level
and $65,000,000 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.
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, 2019.................................... $349,000
Budget estimate, 2020................................... 349,000
Committee recommendation................................ 349,000
The Committee's recommendation provides $349,000 for the
Fishermen's Contingency Fund. The recommendation is equal to
both the fiscal year 2019 enacted level and the President's
request.
FISHERIES FINANCE PROGRAM ACCOUNT
Appropriations, 2019.................................... -$8,000,000
Budget estimate, 2020................................... -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 2019 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, 2019.................................... $63,000,000
Budget estimate, 2020................................... 79,107,000
Committee recommendation................................ 61,000,000
The Committee's recommendation provides $61,000,000 for
Departmental Management Salaries and Expenses. The
recommendation is $2,000,000 below the fiscal year 2019 enacted
level and $18,107,000 below the budget request.
Within Departmental Management, the Salaries and Expenses
account provides funding for the Secretary, Deputy Secretary,
and support staff. Responsibilities involve policy development
and implementation affecting U.S. and international activities,
as well as establishing internal goals for operations of the
Department.
Not less than 90 days after enactment of this act, the
Department shall submit to the Committee a report detailing
actions taken to cut costs and a detailed account of funds
saved by such actions across the Department's bureaus.
Responsiveness to Congress.--In fiscal year 2018, the
Committee held two hearings with representatives from the
Department of Commerce: (1) a hearing to review the
Department's fiscal year 2019 budget request, on May 10, 2018;
and (2) a hearing to review the fiscal year 2019 budget request
for and the activities of BIS and ITA, on September 6, 2018.
Following each hearing, the Committee promptly submitted
questions for the record [QFRs] to the Department and requested
that responses be submitted within 30 days. However, for each
hearing the Department exceeded the 30 day response deadline
and took 301 days and 249 days, respectively, to submit the
answers to the Committee. This is unacceptable. Therefore, the
Committee withholds 50 percent of funding for the Office of
Policy and Strategic Planning within Departmental Management,
Salaries and Expenses, until the Department submits responses
to the QFRs that were submitted following the hearing to review
the Department's fiscal year 2020 budget request, on April 2,
2019.
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 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 level; (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.
Department of Commerce Working Capital Fund.--The Committee
has taken note of the rising operating expenses of the DOC
Working Capital Fund and is concerned that these costs are
attributable, in part, to the inclusion of Working Capital Fund
projects that do not qualify as a ``central service''.
Therefore, as part of the fiscal year 2021 budget request, the
Department is directed to provide justification that clearly
articulates why each Advancements and Reimbursements account
and Working Capital Fund project administered by the Office of
Acquisition Management, Office of Budget, Office of the Chief
Financial Officer and Assistant Secretary for Administration,
and Chief of Staff should continue to be funded through the
Working Capital Fund. In fiscal year 2020, the Department is
directed to fund the Office of Scheduling and Advance from
funds provided within Departmental Management.
Staffing Levels.--The Committee is concerned that deficient
staffing levels and slow hiring rates across DOC are
encumbering agency performance. Previous efforts to streamline
hiring practices, including adopting a centrally administered
shared-services model, have failed to yield the results that
were promised to the Committee. The Committee believes that
these issues require the attention of the leadership of the
Department and a shared commitment with the Bureaus to develop
and implement corrective action and monitor progress.
Therefore, the Committee directs the Department, in concert
with the Bureaus, to develop a renewed human capital strategy
that will: (1) reduce bureau vacancy rates to below 10 percent
by December 31, 2020; (2) reduce the average time to execute a
hiring action to no more than 80 days; and (3) reduce the
average duration of time that positions remain vacant before
initiating a hiring action to no more than 100 days.
Additionally, the Chief Financial Officer and the Chief Human
Capital Officer of the Department shall provide quarterly
briefings to the Committee, beginning no later than January 31,
2020, on all DOC human capital issues, to include: a list of
funded vacancies, by bureau, type, and location, including the
length of time the positions have been vacant; a plan and
explanation for addressing each vacancy, including a target for
when the vacancy will be filled; and other relevant topics as
appropriate.
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.
Cybersecurity.--The Committee remains concerned about the
Department's pace of implementation of the Continuous
Diagnostics and Mitigation [CDM] program. The Department has
not yet completed a baseline inventory of all IT assets on its
networks as part of Phase 1 of CDM. 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 major
milestones for Phases 1 through 3 of CDM.
Rare Earth Elements Manufacturing Cooperative.--The
Committee notes the economic and national security risks of
China's near monopoly on rare earth minerals. The Committee
encourages the Department to study the benefits and feasibility
of a privately funded and managed Rare Earth Elements
Manufacturing Cooperative based in the United States to
minimize Chinese dominance in this critical area.
Section 232 Investigations.--The Committee reminds the
Department of the requirement codified in 19 U.S.C. 1862
(b)(3)(B) that any portions of a report resulting from a
section 232 investigation, which do not contain classified or
proprietary information, shall be published in the Federal
Register at the same time in which the report is transmitted to
the President. Therefore, the Committee directs the Department
to immediately publish the applicable portions of the report
resulting from the section 232 investigation into the imports
of motor vehicle and automotive parts.
Space Commerce.--The Committee twice invited senior
officials from the Department to offer public testimony before
the Committee on the proposal to establish an Office of Space
Commerce within the Office of the Secretary, among other
topics. Unfortunately, both of the individuals refused to
testify, and the public testimony that was offered did not
quell the concerns of the Committee, specifically regarding the
proposed transfer of space traffic management responsibilities
from the Department of Defense to the DOC. The value of
commercial opportunities in low Earth orbit is increasing, as
is the number of objects in orbit around the Earth. Recent near
misses highlight the need for reliable, actionable space
traffic management information.
In order to accurately assess the feasibility, expected
effectiveness, and funding implications of a transfer of space
traffic management functions, the Committee directs the
Secretary, no later than 60 days after enactment of this act,
to enter into a contract with the National Academy of Public
Administration [the Academy] to conduct an independent review
of the proposal. Specifically, the review should include: (1)
an assessment of which department or agency and entity within
the department or agency is best suited for responsibility for
space traffic management; (2) any statutory, regulatory or
licensing authorities necessary to facilitate such a transfer;
(3) funding implications, including infrastructure and
personnel costs; (4) consultation with appropriate officials
from the Departments of Defense, Commerce, and Transportation,
NASA, the Director of National Intelligence, other relevant
Federal agencies, industry, and other stakeholders; and (5)
data integrity, information technology, and national security
considerations.
The Academy shall submit the results of the review to the
Committee, and all relevant authorizing committees, no later
than 1 year after the Department has contracted with the
Academy. Within the funds provided, the Committee has included
$1,100,000 to conduct this review. This bill continues to
provide sufficient funds to support the Office of Space
Commerce, within NOAA NESDIS, and the Committee directs the
Department to fully utilize its current offices and authorities
to encourage the commercial use of space.
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 to recieve 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.
Bureau Detailees.--The Committee understands that offices
within the Office of the Secretary are supplementing their
staffs with detailees that are provided and paid for by the
bureaus. The practice of taking employees from the bureaus to
staff the Office of the Secretary is concerning, especially
when many of the bureaus are struggling to fill vacancies
amidst increasing mission requirements. In addition, the
Committee has provided the Department with more than adequate
funding to support the political and career staffing needs
within Departmental Management. Therefore, the bill requires
that all compensation and benefits for employees detailed to
offices within the Office of the Secretary be paid for with
funds provided for Departmental Management, Salaries and
Expenses.
RENOVATION AND MODERNIZATION
Appropriations, 2019....................................................
Budget estimate, 2020................................... $1,100,000
Committee recommendation................................ 1,000,000
The Committee recommendation provides $1,000,000, which is
$1,000,000 above the fiscal year 2019 enacted level and
$100,000 below the budget request, for continuing renovation
activities at the Herbert C. Hoover Building.
Herbert C. Hoover Building [HCHB] Renovation.--In fiscal
year 2018, the Committee provided DOC with the full amount
required for the fifth phase of the HCHB renovation. However,
those funds still remain unobligated while work on phase five
has yet to begin, even as phase four of the renovation nears
completion. In order to avoid any further delays, the Committee
directs the Department to immediately commence work on phase
five of the HCHB renovation, focusing on the Secretary of
Commerce's office and the HCHB Cafeteria facilties, while also
continuing to work with the General Services Administration to
secure the additional necessary funding.
BUSINESS APPLICATION SYSTEM MODERNIZATION
Appropriations, 2019....................................................
Budget estimate, 2020................................... $22,000,000
Committee recommendation................................ 22,000,000
The Committee recommendation provides $22,000,000, which is
$22,000,000 above the fiscal year 2019 enacted level and equal
to the budget request, to commence phase 1 of the financial
management and business information technology [IT]
modernization. The current Business Applications Solutions
system is outdated and expensive to maintain, and the Committee
supports the Department's multi-year efforts to update the
financial IT infrastructure consistent with the Modernizing
Government Technology Act (Public Law 115-91). However, the
Committee is concerned about the potential increase of out-year
costs and directs that the Department provide a 5-year budget
profile, as part of the fiscal year 2021 budget request.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2019.................................... $32,744,000
Budget estimate, 2020................................... 33,043,000
Committee recommendation................................ 32,744,000
The Committee's recommendation provides $32,744,000 for the
Office of Inspector General [OIG]. The recommendation is equal
to the fiscal year 2019 enacted level and $299,000 below the
budget request.
In addition to funds provided under this heading, the
Committee has recommended transfers to the OIG: $2,000,000 from
the U.S. Patent and Trademark Office; $1,302,000 from the
National Oceanic and Atmospheric Administration; $3,556,000
from the Census Bureau for oversight and audits of those
activities; and $2,000,000 to be derived from the Public Safety
Trust Fund for Oversight of First Net. The Committee directs
the OIG to perform strict oversight activities for satellite
procurements, cybersecurity, the decennial census, and the
business application system modernization.
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 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 110 provides authority for the programs of the
Bureau of Economic Analysis and the Bureau of the Census to
enter into cooperative agreements in order to assist in
improving statistical methodology and research.
TITLE II
DEPARTMENT OF JUSTICE
The Committee recommends a total of $32,446,203,000 for the
DOJ. The recommendation is $1,511,815,000 above the fiscal year
2019 funding level and $1,834,177,000 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 $505,000,000
in DOJ grant funding is provided to help State and local
partners tackle this epidemic, an increase of $37,000,000 above
the fiscal year 2019 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 $2,783,152,000, an increase of $95,449,000, 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 and reemerging methamphetamine crisis. In many
States, particularly in rural areas, methamphetamine-related
deaths vastly outnumber those from heroin. The Committee
recognizes the strain methamphetamines place 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 $12,000,000
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 methamphetamine lab cleanup
and container programs. The Committee also notes that the
funding provided in COPS for tribal resources can be used for
anti-methamphetamine efforts, as well as the funding provided
for Comprehensive Opioid, Stimulant, and Substance Abuse
Programs [COSSAP].
Trafficking in Persons.--The Department shall dedicate no
less than the fiscal year 2019 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
2020, 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 115-275 and codified in Public Law 116-6. 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,
otherwise referred to as the Human Trafficking Justice
Coordinator for the district, 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 115-275
and codified in Public Law 116-6. The Committee directs the
Department to report to the Committee no later than 120 days
following enactment of this act on: (1) the total number of
human trafficking cases the Human Trafficking Prosecution Unit
prosecuted or assisted in prosecuting within the last 3 years
disaggregated by type of trafficking, (2) the number of
Assistant U.S. Attorneys who received training on human
trafficking within the last 3 years, and (3) the number of
Assistant U.S. Attorneys who received training on restitution
for human trafficking victims within the last 3 years.
Multi-Disciplinary Task Force Addressing Human Trafficking
in International Waters.--The Committee remains frustrated that
the Department still has not submitted the report on the
findings of a multi-disciplinary task force addressing human
trafficking to harvest fish in international waters. The final
report was due by March 23, 2019, as directed by Senate Report
115-275 and codified in Public Law 116-6 and is now well
overdue. The Committee directs that this report be submitted
within 15 days of enactment of this act.
Best Practices in Delivering Justice for Victims of Sex
Trafficking.--Section 8 of the Abolish Human Trafficking Act of
2017 (Public Law 115-392) requires the Attorney General to
issue guidance to all offices and components of the Department:
(1) clarifying that individuals who knowingly solicit or
patronize human trafficking victims are guilty of an offense
under the Trafficking Victims Protection Act of 2000; (2)
recommending and implementing best practices for the collection
of special assessments under section 3014 of title 18
(including civil liens); and (3) clarifying that commercial
exploitation is a form of gender-based violence for the purpose
of Department of Justice Programs. By law, this guidance was
required to be issued no later than June 21, 2019. The
Committee is extremely disappointed that the Department has yet
to issue this guidance required under section 8 of Public Law
115-392 and Senate Report 115-275, codified in Public Law 116-
6. The Department shall immediately issue this overdue guidance
as required by law, and shall notify the Committee when this
guidance is disseminated and provide full content.
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 provided under this bill 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.
Human Trafficking Justice Coordinators.--Section 15 of the
Abolish Human Trafficking Act of 2017 (Public Law 115-392)
required the Attorney General to designate an official as the
Department of Justice Coordinator who shall coordinate human
trafficking efforts within the Department within 60 days of
enactment of this act. The act also required the Attorney
General to designate not less than one assistant United States
attorney in each Federal judicial district to serve as the
Human Trafficking Justice Coordinator for the district, who
shall work with a human-trafficking victim witness specialist
and be responsible for implementing the national strategy to
combat human trafficking, prosecute human trafficking cases,
conduct public outreach and awareness activities, coordinate
with victim service providers, and ensure the collection of
restitution for victims of human trafficking. The Committee
directs the Attorney General to use necessary funds provided
for the salaries and expenses of USAO to carry out this
provision. The Department shall submit a report to the
Committee within 30 days of enactment of this act regarding its
progress in designating Human Trafficking Coordinators, the
work being completed in each district, and the work
accomplished thus far by the Department Coordinator.
Implementation of the Child Protection Improvements Act.--
The Child Protection Improvements Act [CPIA] was included as
Division S, Title I of the Consolidated Appropriations Act of
2018 (Public Law 115-141). Under CPIA, the Department was
directed to establish a program to provide access to FBI
fingerprint based background checks within 1 year of the date
of enactment of this act to qualified entities serving
vulnerable populations, including children, individuals with
disabilities, and the elderly, who wish to use them as part of
their background screening processes for those who may come
into contact with these populations, including staff and
volunteers. This law was necessary as organizations serving
these groups do not necessarily have access to FBI checks
through their existing state criminal history records systems.
CPIA became law on March 23, 2018, but the Department has
failed to implement CPIA. The Committee directs the Department
to immediately establish a program in accordance with the law
and post its progress on the Department's website so as to not
cause further delay in assisting these organizations in keeping
individuals safe from harm.
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 [CRM],
and USAO. The Committee directs the Department to maintain its
cybersecurity posture at no less than the fiscal year 2019
level to defend and respond to current and emerging attacks,
including insider threats, 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 $82,000,000 for State and Local Law
Enforcement Assistance and 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.
National Incident-Based Reporting Systems [NIBRS]
Compliance.--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 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, which 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.
Constitutional Policing.--The Committee directs the
Department to enforce constitutional policing statutes,
including 34 U.S.C. 12601, which may require the use of consent
decrees as necessary, where constitutional policing standards
are not being upheld.
Enforcement of Federal Hate Crimes Laws.--The Committee is
concerned by a rise in reported incidents of bias-motivated and
hate crimes in the United States in the last several years,
including attacks on and threats against places of worship. The
Committee notes that the FBI's annual report of hate crimes
statistics for 2017 detailed a 17 percent increase in bias-
motivated crimes from 2016. The Committee also notes that the
FBI's report only includes information voluntarily provided to
the Bureau, and likely reflects an undercount in the amount of
bias-motivated crime.
The Committee appreciates the Department's efforts on
addressing community conflict and preventing bias-motivated
crime through the work of the Community Relations Service
[CRS], as well as the work of the Civil Rights Division [CRT],
U.S. Attorneys across the country, and the FBI's work to
enforce the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act. In light of these ongoing trends regarding hate
crimes, the Committee directs the Department to continue to
prioritize its work to address these crimes, which effect
entire communities.
Combating Domestic Terrorism.--The Committee is concerned
by the significant threat posed by violent domestic terrorists
and extremists and directs FBI and the Department to vigorously
investigate and prosecute incidents of domestic terrorism. The
Committee directs the Domestic Terrorism Executive Committee to
meet on a regular basis and coordinate with United States
Attorneys and other key public safety officials across the
country to promote information sharing and ensure an effective,
responsive, and organized joint effort to combat domestic
terrorism. The Committee further directs the Department to
review the antiterrorism training and resource programs that
the Department provides to Federal, State, local, and tribal
law enforcement agencies, including the State and Local Anti-
Terrorism Program, and ensure that such programs include
training and resources to assist State, local, and tribal law
enforcement agencies in understanding, detecting,
investigating, deterring, and prosecuting acts of domestic
terrorism and violent extremism.
The Committee directs the Department to report to the
Committees on Appropriations and Judiciary, within 90 days of
enactment of this act, on the Department's assessment of the
domestic terrorism threat, including potential infiltration of
Federal, State, and local law enforcement agencies and the
uniformed services; and an analysis of incidents or attempted
incidents of domestic terrorism and extremism that occurred in
the United States during the preceding fiscal year. This report
should include a break out of the groups and factions deemed to
be domestic terrorists and violent extremists, and a
corresponding break out of the Department resources used to
deter, combat, and prosecute acts of domestic terrorism and
extremism.
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 [USMS] personnel, to high crime areas, both
urban and rural, experiencing ongoing episodes of violent
crime.
Human Rights Crimes.--The Committee remains concerned by
the large number of suspected serious human rights violators
from foreign countries who have found safe haven in the United
States and directs CRM and USAO to increase efforts to
investigate and prosecute these crimes, including genocide,
torture, use or recruitment of child soldiers, war crimes, and
other crimes committed by human rights violators. For this
purpose, the Committee's recommendation supports continued
funding for CRM and USAO to investigate and prosecute these
cases.
The Committee is concerned by the low number of
investigations and prosecutions of human rights violators and
directs the Department to report to the Committees on
Appropriations and Judiciary, within 90 days of enactment of
this act, on all related investigations and prosecutions within
each of the last five fiscal years, including the efforts of
CRM and USAO to increase the number of prosecutions, and any
organizational or legal impediments to investigating and
prosecuting these cases.
Leveraging Facilities.--The Department's mission to combat
terrorism, both internationally and domestically, has grown
exponentially over the past decade and unfortunately continues
to rapidly expand. Activities by the Department's law
enforcement components at Redstone Arsenal are paramount to
counterterrorism efforts by enabling the analysis and sharing
of intelligence related to improvised explosive devices
collected around the world; the teaching and certification of
all public safety bomb technicians; and the delivery of life-
saving advanced explosives and arson training for explosives
handlers, bomb technicians, criminal investigators, and
military explosives ordnance disposal personnel all across the
nation. While the Committee is fully supportive of these
efforts, it has repeatedly expressed concerns that the ATF's
National Center for Explosives Training and Research [NCETR]
and ATF ranges at the Arsenal are significantly underutilized.
This underutilization is especially troubling when other DOJ
components have consistently attempted to acquire additional
space, including ranges, to accommodate their burgeoning
workforce. Therefore, the Committee directs the Department to
conduct an assessment of the NCETR building and ATF ranges,
including a review of space availability and usage as well as
efforts undertaken to forge facilities sharing agreements
between ATF and other Department components, and submit a
report to the Committee within 90 days of enactment of this act
on its findings and future plans to ensure NCETR and the ATF
ranges are fully utilized by the Department.
Addressing Violence Against Indigenous Women.--The
Committee is concerned with the ongoing crisis of missing and
murdered indigenous women, and directs the Department to
improve coordination, including data sharing, training and
technical assistance, and other relevant resources, with the
Bureau of Indian Affairs to better address and prevent violent
crime in Indian Country.
Fix NICS.--The Fix NICS Act of 2017 (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 Fix
NICS Act, not later than March 23, 2020, and directs the
Attorney General to make all implementation plan compliance
determinations required no later than September 30, 2019, and
publish such determinations on its website. The Attorney
General shall use all necessary resources available under this
bill 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 CRT, the
FBI, the 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 [OVC] 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.
Charging Policies for Drug Offenders.--The Committee
directs the Department to, within 120 days of enactment, submit
a report detailing: (1) how often prosecutors seek to deviate
from Departmental policies and how often such requests are
granted or denied; (2) the number of drug offenders who are
eligible for a mandatory minimum offense, but whose cases are
not charged as a mandatory minimum offenses; (3) the number of
drug offenders who were eligible for a mandatory minimum
recidivist enhancement based on a prior drug conviction/s, but
for whom the Government did not charge accordingly; and (4) the
number of drug offenders charged with a mandatory minimum, but
whose cases were ultimately dismissed by the government before
trial or sentencing, including the mandatory minimum drug
quantity and type trigger and/or recidivist enhancement.
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 of
all amounts collected pursuant to the Department's civil debt
collection litigation activities to the Department's WCF. Such
collections are deposited into the Fund, and are intended to be
separately accounted for and are not to be commingled with
other amounts in the WCF. Pursuant to statute, the 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 has repeatedly expressed its concerns that
the Fund is now supporting initiatives and personnel well
beyond its primary purposes of financial systems and debt
collection management. In fact, the Committee is aware that in
2016 the Fund was supporting nearly 600 full-time equivalents,
of which only 42 had duties related to 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 supplementing funding
for programs and initiatives, including funding specifically
rejected in annual funding measures.
The Committee has increased reporting requirements to
improve transparency and accountability; however, the
Department has not been able to provide timely, or sufficient
information regarding the use of collections deposited into the
Fund. Currently, the Department transfers certain amounts to
other components in the Department without notifying Congress.
Under section 218 of this bill, the Department is now required
to notify the Committee of such transfers pursuant to the
requirements of section 505 of this act. The notification
process should provide clear and timely insight into the
Department's use of the Fund.
The Committee directs the Department to immediately submit
the Three Percent Fund Transparency report required in Senate
Report 115-275 and codified in Public Law 116-6, which was due
on May 16, 2019. The Department is further directed to report
monthly on the Fund's collections and credits.
Madoff Victim Fund [MVF].--The Committee understands that
the Special Master appointed by the Department is in the
process of distributing funds from the $4,000,000,000 MVF to
victims of the Madoff criminal fraud case. The Committee
expects the remaining balance in the MVF to be distributed
expeditiously, and believes that final resolution of the Fund
should be achieved in short order. Therefore, the Committee
directs the Special Master to ensure payments are coordinated
with the Bankruptcy Trustee so that final payments are made to
deserving claimants in a timely manner.
U.S. Victims of State Sponsored Terrorism Fund [USVSSTF].--
The Committee is aware that the USVSSTF Special Master
appointed by the Department of Justice (subsequently replaced
by the Acting Special Master) has awarded two rounds of
payments to claimants: $1,104,450,000 was distributed to first
round claimants, and second round payments have been issued
since January 2, 2019. As the Acting Special Master makes
further distributions to existing and new claimants, the
Committee is concerned about the lack of transparency regarding
the timing and prioritization of payments, the mechanism for
ensuring that the USVSSTF has sufficient funds to make the
payments it has awarded, and the means to prevent duplication
of payments to claimants who have already recovered funds from
other sources.
Therefore, the Committee directs the Acting Special Master
to submit an initial report to the Committee not later than 30
days after enactment of this act, with subsequent quarterly
reports to follow, on the formulas and/or criteria used to
determine payment amounts and prioritization, current and
ongoing efforts to protect against duplicative or excessive
payments throughout the process, and expected timelines
associated with the completion of second-round payments, the
issuance of future payments, and a detailed breakout of the
status of payments to claimants to include those who have
received payment in the first round and the second round and
those who are awaiting payment from the first round and the
second round to be described for both existing and new
claimants.
Crime Victims Fund Awareness.--The Committee appreciates
the Department's efforts to combat and thwart criminal conduct
through investigations by its law enforcement components,
prosecutions by its litigating components, and rehabilitative
efforts in the Bureau of Prisons. Additionally, the Committee
supports the OVC for the work it does to provide support and
resources to ease victim suffering. The Committee is concerned,
however, by the historically low receipts deposited in the CVF,
and in turn, the decrease in resources available for OVC's
disbursement of CVF funded grants and cooperative agreements.
The Committee does not believe this decrease in deposits is
purposeful, but is concerned that the Department's litigating
components may not be fully aware of the need for settlements
that contemplate victims assistance payments and their
corresponding deposit into the CVF. The Department's Justice
Manual, and the settlement structure guidance provided therein,
does not fully explain the need for or the benefits associated
with victim assistance payments for crime victims. Accordingly,
the Committee directs the Department to review and revise its
on-boarding education materials and practices for new
litigating attorneys to ensure a thorough explanation regarding
victim assistance payments and their corresponding deposits
into the CVF is included. The Committee further directs the
Department to develop a plan for the distribution of this same
information to litigating attorneys currently working within
the Department to ensure they too are aware of this critical
need. The Department shall report to the Committee within 60
days of enactment of this act on its efforts to increase
Departmental awareness regarding its whole of justice approach
for crime victims.
Cell-Site Simulator [CSS] Technology.--Funds provided in
this bill 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
115-275 and codified in Public Law 116-6, on DOJ's use of CSS
technology and its compliance with the guidance.
Counter Unmanned Aerial Systems Technology.--Title VI,
Division H of the FAA Reauthorization Act of 2018 (Public Law
115-254) provided authority to the Department to mitigate the
threat of UAS when it poses a security risk to high-value,
high-profile events or facilities, including Federal prisons.
The Committee supports the use of counter-UAS technology by the
Department's law enforcement components, including the FBI,
USMS, and Bureau of Prisons [BOP], to ensure both officer and
public safety. The Department is directed to report on the
current and future planned use of counter UAS technology by its
law enforcement components, to include anticipated resource and
training needs and newly established internal policies or
guidelines to ensure all legal requirements are met, within 90
days of enactment of this act.
Business Email Compromise [BEC] Schemes.--The Committee
recognizes the Department's recent coordinated Federal efforts
to disrupt BEC schemes that intend to intercept and hijack wire
transfers from businesses and individuals, and applauds the
concerted effort behind the Department's recent announcement of
arresting 281 individuals both in the U.S. and internationally
for their participation in these criminal acts. The Committee
is pleased to see the Department is working with its Federal
counterparts to combat this new type of financial fraud,
including the rising problem of wire fraud in real estate
transactions and other types of cyber-enabled financial crime,
but it believes more can be done to raise public awareness
regarding these fraudulent efforts. Therefore, the Committee
directs the Department to provide a report to the Committee,
within 120 days of enactment of this act, detailing ongoing
activities to both combat and raise awareness of BEC schemes,
including wire fraud in real estate and other types of cyber-
enabled crime. This report should detail the roles and
responsibilities of the Department's Federal partners in this
space and should provide programmatic recommendations to
Congress as well as any resource needs associated with
combatting BEC schemes.
Financial Fraud.--The Committee recognizes that older
Americans are increasingly targeted by criminals seeking to
swindle them out of their hard-earned life savings through an
ever-growing array of financial schemes and scams. In March
2019, the Department executed its largest-ever coordinated
sweep of senior fraud cases. The Committee commends the
Department's work to combat these crimes in recent years and
directs the Attorney General to continue to prioritize
resources at the Department 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.
Robocall Forfeiture Orders.--The Committee is concerned
that since 2015, the Federal government has only collected
$6,790 of the more than $208,000,000 in fines imposed by the
Federal Communications Commission for violations of the
Telephone Consumer Protection Act (Public Law 102-243). The
Committee recognizes that fines serve as a meaningful tool to
penalize bad conduct and deter future misconduct. Given that
there were more than 26.3 billion robocalls made to U.S. mobile
phones in 2018, and understanding that the Department has the
authority to collect unpaid penalties, the Committee directs
the Attorney General to prioritize resources toward enforcing
FCC forfeiture orders and unpaid penalties imposed by the FCC
against illegal robocallers.
Animal Fighting.--Animal fighting is a crime that causes
undue suffering to animals and is frequently linked to violent
criminal gangs and drug trafficking. The Environment and
Natural Resources Division [ENRD] has responsibility within the
Department for coordinating enforcement efforts among the
Department's litigating components, to include USAO, under
Federal animal protection laws, including enforcement of animal
fighting statutes 7 U.S.C. 2156 and 18 U.S.C. 49. Case
development and prosecutions are then handled by both ENRD's
Environmental Crimes Section and other litigating components,
based on referrals from the U.S. Department of Agriculture-
Office of the Inspector General, the FBI, and other agencies.
The Committee notes its prior support for this effort as
described in Senate Report 114-239 and codified in Public Law
115-31, and emphasizes that it shall be a priority of the
Department to investigate and prosecute violations of animal
welfare laws.
Digital Accountability and Transparency Act Reporting.--The
Committee expects agencies to prioritize the submission of
timely, accurate, quality, and complete financial and award
information under existing U.S. Treasury reporting obligations
in accordance with established management guidance, reporting
processes, and data standards established under the
requirements of the Digital Accountability and Transparency Act
(Public Law 113-101).
Spending Plan.--In compliance with section 532 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, 2019.................................... $113,000,000
Budget estimate, 2020................................... 114,740,000
Committee recommendation................................ 114,740,000
The Committee's recommendation provides $114,740,000 for
General Administration salaries and expenses. The
recommendation is $1,740,000 above the fiscal year 2019 enacted
level and equal to 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].
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 has both budgetary and oversight
capabilities, and requests for additional information from the
Chairmen, Vice Chairmen, or Ranking Members or their Committee
staff to OAG, ODAG, OLA, and any other Department component
should be treated as a priority for the Department and
responded to both courteously and expeditiously.
The Committee is frustrated that the Department is late
again in responding to its Questions for the Record [QFRs] from
its fiscal year 2020 Budget Hearings. As of September 16, 2019,
the Department is 72 days late in responding to the Committee's
QFRs for both its Department and FBI Budget Hearings. Last
year, the Department was 244 days late in responding to the
Committee's QFRs for the Department's Budget Hearing and 267
days late responding to the Committee's QFRs for the FBI's
Budget Hearing. The trend of responding past Committee
deadlines is unacceptable, and the Committee withholds
$5,000,000 from the Department's General Administration
appropriation until the Department's responses to the
Committee's QFRs for both of these hearings are received.
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 threatens the stability and
development of African countries and poses a serious threat to
U.S. security interests.
The Committee awaits the report as specifically outlined in
Senate Report 115-275 and codified in Public Law 116-6, 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.
The Committee further directs the Department to provide
dedicated resources for investigating and prosecuting wildlife
trafficking crimes and include this information in the report
described above.
Personnel Detailed to INTERPOL Lyon.--The Committee
understands that Department personnel, including those from CRM
and USAO, have been, and are currently, detailed to INTERPOL
Lyon. The Committee supports these efforts and directs the
Department to maintain, and where possible, expand their
ability to detail employees to INTERPOL Lyon as its efforts are
critical to international collaboration and information
sharing.
National Strategy for Child Exploitation Prevention and
Interdiction.--The Department was required to initially submit
a report on its National Strategy for Child Exploitation
Prevention and Interdiction to Congress not later than 1 year
after October 13, 2008, and on February 1 of every second year
thereafter as part of the PROTECT Our Children Act of 2008
(Public Law 110-401). The Committee is deeply troubled that the
last submission of this report to Congress was made in April
2016, meaning that there has been a lapse of Departmental
strategy since the last submission and as 2020 approaches, soon
to be a lapse of two submissions. As described in 34 U.S.C.
21111(d), the National Coordinator for Child Exploitation
Prevention and Interdiction is responsible for the coordination
and timely submission of this critically important strategy.
The Department is directed to submit within 30 days of
enactment a National Strategy for Child Exploitation Prevention
and Interdiction to the Committee and all other relevant
Committees. This strategy must include the input of Federal
agencies that investigate and prosecute crimes of child
exploitation, including the Department's law enforcement
components like the FBI and USMS as well as the USAO and CRM's
Child Exploitation and Obscenity Section, and must also include
all materials and content required under 34 U.S.C. 21111(c)
covering all forms of child exploitation, not just crimes with
an online nexus.
Public Charge Reporting.--The Committee directed 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. 1324, 1325, and 1326, disaggregated by
charge, District, and month as outlined in Senate Report 115-
275 and codified in Public Law 116-6. This data has still not
been published, and the Committee expects the Department to
immediately publish this information on the USAO's website and
update this information on an annual basis.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2019.................................... $32,000,000
Budget estimate, 2020................................... 33,875,000
Committee recommendation................................ 33,875,000
The Committee's recommendation provides $33,875,000 for
Justice Information Sharing Technology. The recommendation is
$1,875,000 above the fiscal year 2019 enacted level and equal
to the budget request.
Executive Office for Immigration Review
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2019.................................... $563,407,000
Budget estimate, 2020................................... 672,966,000
Committee recommendation................................ 672,966,000
The Committee's recommendation provides $672,966,000 for
the Executive Office for Immigration Review [EOIR], of which
$4,000,000 is a transfer from the U.S. Citizenship and
Immigration Services Immigration Examinations Fee account. The
recommendation is $109,559,000 above the fiscal year 2019
enacted level and equal to the budget request. This account
funds EOIR, including the Board of Immigration Appeals,
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 Immigration Judge Hiring and Financial
Accountability.--The Committee remains concerned that EOIR's
immigration court caseload continues to escalate, adding to the
growing backlog of cases, which totaled 964,811 at the end of
August 2019. However, the Committee believes that providing
more Immigration Judges [IJs] alone is not enough to solve the
backlog problem. The budget request purports to include funding
for 100 IJs and their legal and support staff [IJ Teams]
stating that each team and its associated expenses cost roughly
$1,500,000. The total cost should therefore be roughly
$150,000,000, but the funding requested for these 100 new IJ
Teams is less than half of the total associated costs
($71,147,000). Moreover, the Committee has repeatedly asked
EOIR to provide a detailed cost break out of an IJ Team cost,
but as of September 19, 2019, has not received an answer.
The Committee is alarmed that EOIR cannot answer simple
budgetary questions to support the estimated costs for its IJ
Team cost model, and therefore directs the Department to submit
an IJ Team cost break out, which should include salary,
position, interpretation contract costs, and rent and facility
costs, in its monthly hiring reports to the Committee. There
should be a standardized baseline for what constitutes an IJ
Team cost and when there are deviations from this baseline,
EOIR shall include this in its monthly report by court
location. The Committee is aware the OIG is auditing EOIR's
financial management practices, and will review the IG's report
closely upon its conclusion.
The Committee believes that consistent policies regarding
docket management and case adjudication will also allow IJs to
reduce the impending backlog. The Committee directs EOIR to
make its hiring processes for new immigration judges publically
available within 60 days of enactment and update its website
within 30 days if any of the immigration judge hiring process
or rules change. The Committee withholds $2,000,000 from EOIR's
appropriation until the agency has met these requirements.
As directed in Senate Report 115-275 and codified in Public
Law 116-6, EOIR shall continue to submit monthly performance
and operating reports detailing the backlog of cases and the
hiring of new IJ teams. These reports shall now include the
cost break outs for IJ teams. The Committee directs 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 shall
continue to report on any IJs sent on a temporary basis to any
court outside of their assigned location including the number
of days designated for the temporary assignment, the location
of the temporary assignment, and the IJs home location.
Interpretation Transparency.--The Committee recognizes that
increasing numbers of respondents in immigration court
proceedings require the use of interpretation services, and
understands that EOIR continues to struggle to obtain a
sufficient number of interpreters, including for rare languages
such as indigenous dialects. The Committee directs EOIR to
submit a report to the Committee within 90 days of enactment
outlining how EOIR intends to ensure appropriate language
access will be available for all respondents, including
indigenous language speakers, noting any special resource needs
as well as identifying any possible opportunities for sharing
of interpreter resources with other Federal agencies. Also
within 90 days of enactment and quarterly thereafter, the
Committee directs EOIR to report the number of continuances or
adjournments issued for reasons related to interpretation
issues for both in-person appearance and videoteleconferencing
[VTC], as well as whether the respondent was detained at the
time of the continuance.
The Committee is also concerned with the ballooning costs
associated with EOIR's interpreter contract. According to the
EOIR Director, ``[i]n fiscal year 2017, interpreter costs were
approximately $17,000,000. In fiscal year 2018, they increased
to almost $60,000,000, and in fiscal year 2019, they are
expected to approach $110,000,000. On a per-IJ basis, this
translates to a cost increase from roughly $50,000 per
immigration judge in fiscal year 2017 to nearly $225,000 per
immigration judge this fiscal year.'' EOIR has also told the
Committee that at one point it anticipated interpreter costs to
be $170,000,000. While this type of severe cost fluctuation
should be avoided, this is an issue that should be anticipated
and accounted for at the time a contract is awarded.
Financial Management.--Due to the Committee's financial
concerns regarding IJ team costs, interpreter contract costs,
and EOIR's inability to answer simple budgetary and oversight
questions, the Committee directs the Department to take a more
active role in overseeing EOIR's financial management. These
efforts should include apportionment and allotment restrictions
and stringent oversight from JMD regarding EOIR's financial
executions.
EOIR Technology Improvements.--The Committee continues to
support EOIRs efforts to update its technology systems,
including the creation of a new case management system. The
Committee expects EOIR to expedite efforts to implement this
system so that temporarily reassigned IJs can better maintain
their home court caseloads while on assignment. Finally, the
Committee is discouraged that EOIR has not complied with the
direction included in Senate Report 115-275 and codified in
Public Law 116-6, regarding the development of a strategy for
uploading existing case files into this new case management
system so that the current cases benefit from the technological
efficiencies provided by an electronic case management system.
The Committee believes this plan is necessary to enable further
reductions in the Immigration Court backlog. EOIR is directed
to immediately submit this report to the Committee, and an
additional $2,000,000 is withheld from the EOIR appropriation
until it has been received.
VTC Data and Reporting.--The Committee directs EOIR to
collect real-time data indicating each time a master calendar
or individual merits hearing is conducted via VTC to allow for
better statistical data collection to help determine whether
VTC has an outcome determinative impact. This information is to
be provided in the quarterly reports submitted to the Committee
and should include the number and type of hearings conducted by
VTC, including data on appeals cases related to the use of VTC,
and the number of in-person hearing motions filed. The
Committee further directs EOIR to make all policies and
procedures related to EOIR's use of VTC, including EOIR's
immigration adjudication centers, publicly available on its
website.
Legal Orientation Program [LOP].--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.
The Committee's recommendation includes no less than
$15,000,000 for services provided by LOP. This includes funding
for LOP, the Immigration Help Desk, LOP for Custodians [LOPC],
and the LOPC Call Center, 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 directs that attention be paid to geographic
equity as LOP expands, and 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. The Committee directs the Department to utilize all
appropriated funds solely for legitimate program purposes.
Office of Inspector General
Appropriations, 2019.................................... $101,000,000
Budget estimate, 2020................................... 101,646,000
Committee recommendation................................ 105,000,000
The Committee's recommendation provides $105,000,000 for
the Office of Inspector General. The recommendation is
$4,000,000 above the fiscal year 2019 enacted level and
$3,354,000 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, 2019.................................... $13,000,000
Budget estimate, 2020................................... 13,308,000
Committee recommendation................................ 13,308,000
The Committee's recommendation provides $13,308,000 for the
United States Parole Commission. The recommendation is $308,000
above the fiscal year 2019 enacted level and equal to the
budget request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
Appropriations, 2019.................................... $904,000,000
Budget estimate, 2020................................... 927,453,000
Committee recommendation................................ 924,000,000
The Committee's recommendation provides $924,000,000 for
General Legal Activities salaries and expenses. The
recommendation is $20,000,000 above the fiscal year 2019
enacted level and $3,453,000 below 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 CRM, the Civil Division, the Environmental and Natural
Resources Division, the CRT, the Office of Legal Counsel, and
INTERPOL Washington.
Adjustments to Base.--The increased funding provided to the
legal components shall be used to cover the requested ATB
costs. ATBs include increases to employees' pay and benefits to
cover the annual Federal pay raise as well as increased
healthcare and retirement costs and changes in agency costs for
rent and facilities.
INTERPOL Washington.--From within the funds provided for
General Legal Activities, the Committee directs the Department
to provide no less than the fiscal year 2019 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 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
$195,982,000 for 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 USAO, as well as our State and local law
enforcement partners.
Civil Rights.--The Committee provides no less than the
fiscal year 2019 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 2020 to address such issues in
State and local prisons and jails.
Enforcement of Federal Hate Crime Laws.--The Committee is
concerned by reports of increased incidents of bias-motivated
crimes and directs CRT to aggressively prosecute hate crimes
and work with the FBI, U.S. Attorneys, and the CRS 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 2019 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 Department of Justice to maintain open
communications with the Department of State 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, 2019.................................... $10,000,000
Budget estimate, 2020................................... 13,000,000
Committee recommendation................................ 13,000,000
The Committee's recommendation provides a reimbursement of
$13,000,000 for legal costs. The recommendation is $3,000,000
above the fiscal year 2019 enacted level and equal to 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, 2019.................................... $164,977,000
Budget estimate, 2020................................... 166,755,000
Committee recommendation................................ 166,755,000
The Committee's recommendation provides $166,755,000 for
the Antitrust Division. The recommendation is $1,778,000 above
the fiscal year 2019 enacted level and equal to the budget
request. This appropriation is offset by $141,000,000 in pre-
merger filing fee collections, resulting in a direct
appropriation of $25,755,000.
UNITED STATES ATTORNEYS
SALARIES AND EXPENSES
Appropriations, 2019.................................... $2,212,000,000
Budget estimate, 2020................................... 2,254,541,000
Committee recommendation................................ 2,278,360,000
The Committee's recommendation provides $2,278,360,000 for
the Executive Office for United States Attorneys and the 94
USAOs. The recommendation is $66,360,000 above the fiscal year
2019 enacted level and $23,819,000 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 USAO
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 $48,431,000
for this purpose in fiscal year 2020.
Combating Financial and Mortgage Fraud.--The Committee
directs USAO to prioritize resources and provide no less than
the fiscal year 2019 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 2019 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
$62,858,000 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
2019 funding level for prosecution of these cyber-related
crimes.
UNITED STATES TRUSTEE SYSTEM FUND
Appropriations, 2019.................................... $226,000,000
Budget estimate, 2020................................... 227,229,000
Committee recommendation................................ 227,229,000
The Committee's recommendation provides $227,229,000 for
the United States Trustee System Fund. The recommendation is
$1,229,000 above the fiscal year 2019 enacted level and equal
to the budget request. The appropriation is offset by
$309,000,000 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, 2019.................................... $2,409,000
Budget estimate, 2020................................... 2,335,000
Committee recommendation................................ 2,335,000
The Committee's recommendation provides $2,335,000 for the
Foreign Claims Settlement Commission. The recommendation is
$74,000 less than the fiscal year 2019 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, 2019.................................... $270,000,000
Budget estimate, 2020................................... 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 2019 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, 2019.................................... $15,500,000
Budget estimate, 2020...................................................
Committee recommendation................................ 16,000,000
The Committee's recommendation provides $16,000,000 for the
CRS. The recommendation is $500,000 above the fiscal year 2019
enacted level and $16,000,000 above the budget request.
The CRS, 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 2019 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, 2019.................................... $20,514,000
Budget estimate, 2020................................... 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 2019 enacted level and equal to the budget
request.
United States Marshals Service
Appropriations, 2019.................................... $2,925,397,000
Budget estimate, 2020................................... 3,255,848,000
Committee recommendation................................ 3,294,461,000
The Committee's recommendation provides a total of
$3,294,461,000 for the USMS. The recommendation is $369,064,000
above the fiscal year 2019 enacted level and is $38,613,000
above the budget request.
salaries and expenses
Appropriations, 2019.................................... $1,358,000,000
Budget estimate, 2020................................... 1,373,416,000
Committee recommendation................................ 1,410,000,000
The Committee's recommendation provides $1,410,000,000 for
USMS salaries and expenses. The recommendation is $52,000,000
above the fiscal year 2019 enacted level and $36,584,000 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. The
Committee's recommended funding level shall also provide for
workforce transformation efforts that will ensure the USMS
builds the most flexible, efficient workforce.
In addition to receiving direct appropriations, the
Committee is aware that USMS also receives funding from the
Department's 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 115-275
and codified in Public Law 116-6.
Investigative Operations.--The Committee directs USMS to
provide no less than the fiscal year 2019 levels to maintain
its missions regarding gang enforcement, International Megan's
Law, and sex offender apprehension. Per Senate Report 115-275
and codified in Public Law 116-6, 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.
Fugitive Sex Offender Apprehension.--The Adam Walsh Child
Protection and Safety Act of 2006 [AWA] (Public Law 109-248)
provided the USMS the authority to apprehend convicted sex
offenders who fail to register as fugitives. The AWA also
directs the USMS to assist jurisdictions in locating and
apprehending these individuals. The Committee directs the USMS
continue AWA enforcement efforts at no less than the fiscal
year 2019 level of $63,264,000.
International Operations.--The Committee reminds USMS to
continue to submit the report requested in Senate Report 115-
275 and codified in Public Law 116-6 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.
Tactical Canine [K-9] Teams.--The USMS has used, and
continues to use, State and local K-9 teams in support of
fugitive apprehension missions, but this partnership has
limitations due to the accessibility and availability of State
and local task force partners' K-9 assets, individual agency
tactical procedures, and possible differences in operational
requirements. The Committee believes a well-trained and
certified tactical K-9 team would assist USMS operations in
tracking, locating, and detaining suspects before they can
cause harm to the general public and law enforcement personnel.
The Committee supports USMS's development of a tactical K-9
program tailored to USMS missions, policies, and procedures to
be integrated into USMS RFTF operations.
The USMS is directed to report to the Committee within 90
days of enactment of this act, submitting a detailed plan
describing the initial and out-year costs and other associated
resource needs, including space requirements, outfitting needs,
and training needs to move forward with adding Tactical K-9
teams to RFTF operations.
CONSTRUCTION
Appropriations, 2019.................................... $15,000,000
Budget estimate, 2020................................... 14,971,000
Committee recommendation................................ 17,000,000
The Committee's recommendation provides $17,000,000 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 $2,000,000 above
the fiscal year 2019 enacted level and $2,029,000 above the
budget request.
FEDERAL PRISONER DETENTION
Appropriations, 2019.................................... $1,552,397,000
Budget estimate, 2020................................... 1,867,461,000
Committee recommendation................................ 1,867,461,000
The Committee's recommendation provides $1,867,461,000 for
Federal Prisoner Detention. The recommendation is $315,064,000
above the fiscal year 2019 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, 2019.................................... $101,369,000
Budget estimate, 2020................................... 109,585,000
Committee recommendation................................ 110,000,000
The Committee's recommendation provides $110,000,000 for
the National Security Division [NSD]. The recommendation is
$8,631,000 above the fiscal year 2019 enacted level and
$415,000 above 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 USAO. 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 NSD's 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.
FARA and Implementation of OIG Recommendations.--The OIG's
September 2016 report, Audit of the National Security
Division's Enforcement and Administration of the Foreign Agents
Registration Act (Audit Division 16-24), examined a series of
critical issues regarding the FARA process and made several
recommendations. Within 90 days of enactment of this act, the
Committee directs the Department to submit a report to the
Committee on its status of implementing these recommendations,
including target dates for completion per recommendation; the
Department's comprehensive strategy for the enforcement and
administration of FARA; steps necessary to require all filings
by foreign agents to be made in an electronic, structured data
format where the information can be published in a machine-
processable digital format available to the public; and an
assessment of the FARA fee structure, including a determination
of the efficacy of an improved fee structure.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
Appropriations, 2019.................................... $560,000,000
Budget estimate, 2020................................... 550,458,000
Committee recommendation................................ 550,458,000
The Committee's recommendation provides $550,458,000 for
Interagency Crime and Drug Enforcement. The recommendation is
$9,542,000 below the fiscal year 2019 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 115-275 and codified in Public Law
116-6.
Federal Bureau of Investigation
SALARIES AND EXPENSES
Appropriations, 2019.................................... $9,192,137,000
Budget estimate, 2020................................... 9,257,427,000
Committee recommendation................................ 9,467,902,000
The Committee's recommendation provides $9,467,902,000 for
the FBI salaries and expenses. The recommendation is
$275,765,000 above the fiscal year 2019 enacted level and
$210,475,000 above the budget request.
Criminal Justice Information Services.--The Committee
recommends the full funding request for CJIS, including fee
collections. The recommendation provides $131,000,000 for the
FBI to continue improvements to NICS to increase the capacity
and efficiency of the existing NICS system to perform
background checks on prospective firearms buyers. This amount
is $24,967,000 above the enacted level and $16,305,000 above
the budget request. 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.
National Threat Operations Center [NTOC] Improvements.--The
Committee continues to be concerned about the handling of
information received through the FBI's newly established NTOC,
formally known as the Public Access Line. In order to ensure
that information received through these channels is evaluated
and processed expeditiously and effectively, the Committee
directs the FBI to use up to $15,000,000 in fees collected for
the automation of criminal justice information services to
develop and implement technologies that will better facilitate
the rapid dissemination of information to FBI Field Offices,
along with their State, local, tribal, and other Federal
partners.
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 2019 level for full operational funding to TEDAC and the
additional operational support associated with the TEDAC campus
in fiscal year 2020, 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. The Committee applauds
TEDAC on its accreditation by the American National Standards
Institute--American Society for Quality [ANSI-ASQ] National
Accreditation Board which further cements the laboratory's role
in performing forensic and technical exploitation of terrorist
IED's and explosions, both nationally and internationally.
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 2019
level, to more efficiently and effectively disseminate critical
threat information to the explosives detection canine community
and, in conjunction with Government and academic partners,
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 supports the FBI's request for
enhanced render safe resources, and understands that while this
programmatic increase will not directly impact HDS, the
additional need for training and advanced training will
ultimately increase the demand for HDS courses. The Committee
directs the FBI to ensure sufficient resources are allocated to
meet this downstream need.
Additionally, the Committee continues to encourage the
FBI's further development of the Research and Prototyping for
IED Defeat [RAPID] program, which aims to establish defeat
technologies, develop diagnostics, conduct fundamental science
research and engineering, address remote capabilities and
emerging threats, and further develop render safe procedures.
The Committee understands the FBI has signed a memorandum of
understanding within the Critical Incident Response Group to
perform this research and to rapidly develop tools and
techniques to defeat IED threats to the United States,
including advanced counter explosive device research. Using IED
information collected from the intelligence community and
TEDAC, the RAPID program will advance counter-IED technology,
continue to research suitable solutions, and develop
technologies and procedures for incorporation into render safe
training at HDS, enabling standardized and consistent training
to the entire civilian, domestic bomb squad community.
Human Rights Violations.--The Committee directs the FBI to
increase its efforts to investigate and support the
Department's criminal prosecution of serious human rights
crimes, including genocide, torture, use or recruitment of
child soldiers, and war crimes, and other crimes committed by
serious human rights violators. The Committee's recommendation
continues funding this effort at no less than the fiscal year
2019 enacted level. The Committee directs the FBI to continue
this effort through the International Human Rights Unit [IHRU],
which the FBI shall not dissolve or merge with any other
office, and which shall continue to fully cooperate with and
participate in the Human Rights Violator and War Crimes Center
[HRVWCC].
The Committee is concerned that the FBI's proposed
realignment of personnel from the HRVWCC to its Civil Rights
Unit would diminish the FBI's ability to adequately pursue
human rights violators and upset the delicate relationship the
FBI has created between investigators and non-governmental
organizations [NGOs] focused on identifying and assisting
victims of these atrocities. The Committee supports the FBI's
stated goals of increasing the number of cases investigated and
prosecuted, growing the number of investigators and prosecutors
educated and trained to address the threat, and engaging more
with affected communities throughout the Nation, but is
skeptical that merging international human rights into the
civil rights program will accomplish these objectives. The
Committee understands that the FBI has begun to incorporate
international human rights issues in its annual civil rights
conference efforts and encourages the FBI to continue to expand
upon these endeavors. The Committee also encourages the FBI to
utilize its civil rights program coordinators in the field to
engage with partners in USAO, NGOs, and local communities to
create a better understanding of the threat, drive
prosecutions, and encourage reporting of international human
rights violators.
The Committee further directs the IHRU to provide training
to all FBI field offices on how to detect and investigate
crimes committed by serious human rights violators, and to
report to the Committees on Appropriations and Judiciary,
within 90 days of enactment of this act, on the IHRU's efforts
to increase the number of human rights investigations and
provide training to all field offices and opportunities for
community engagements, including the numbers for each.
Innocent Images National Initiative.--The Committee's
recommendation directs $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 will provide
insufficient resources to cover the current Innocent Images
caseload that combat child sexual exploitation and child
victimization.
Hate Crimes Reporting.--The FBI is directed to provide the
Committee with a report, within 180 days of enactment of this
act, on its efforts to ensure that all Federal, State, and
local law enforcement agencies fully report hate crimes
statistics as provided by the Hate Crime Statistics Act of
1990, Public Law 101-275, as amended, and the Matthew Shepard
and James Byrd, Jr. Hate Crimes Prevention Act, Public Law 111-
84. This report shall detail the FBI's efforts to ensure all
law enforcement agencies know of the reporting obligations and
shall describe any gaps in reporting, strategies to overcome
those gaps, and challenges to the full nationwide
implementation of NIBRS. In addition, the report shall detail
the FBI's outreach, education, and training on best practices
to address hate violence and efforts the FBI is undertaking to
help ensure that all victims feel secure reporting hate crimes
to law enforcement authorities.
Security Advisory Opinion [SAO] Processing.--The Committee
directs the FBI to submit a report on SAO processing to the
Committee not later than 90 days after the date of enactment of
this act. The report shall include: the number of personnel and
other resources the Bureau is dedicating to processing SAOs and
an analysis of whether those resources are adequate to support
Department of State and Department of Homeland Security
requirements in order to meet the annual Presidential
Determination on Refugee Admissions. Furthermore, for each
fiscal year from 2014 to 2019, the report shall include the
average time an SAO screening process requires, the number of
approvals and denials of SAOs issued, the number of SAOs placed
on hold and the rational associated with each hold, and the
number of SAOs that are pending as well as the length of time
and corresponding reason for each delayed resolution.
Additionally, for fiscal year 2019, the report shall
include the number of refugees in the United States Refugee
Admissions Program pipeline for whom the FBI has approved SAO
clearance, for whom the FBI has a pending SAO decision, for
whom the FBI has denied SAO clearance, and the total number of
these applications submitted to the FBI for SAO clearance.
Classified information can be transmitted in a separate
report to the Committee. All unclassified data shall be
publically reported by the FBI.
FBI Databases and the NICS Process.--The FBI is directed to
provide a report to the Committee within 120 days of enactment
of this act regarding how usage of FBI databases, including the
Next Generation Identification [NGI] system, are leveraged when
NICS background checks are conducted and what steps are being
taken to ensure accurate and timely system communications.
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 FBI
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 FBI 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.
Collaborative Intelligence Sharing.--The Committee is aware
that several States utilize Department of Defense and National
Guard facilities for intelligence fusion centers, which allow
Federal, State, local, and tribal law enforcement officials to
collaborate and share intelligence and threat information, to
include DOJ and the FBI. The utilization of fusion centers
benefits Federal, State, local and tribal law enforcement
entities alike, and providing Sensitive Compartmented
Information Facilities [SCIFs] offers increased opportunities
to collaborate and create cost savings. The Committee is
supportive of such collaborative, co-location projects, and
strongly urges the Department and the FBI to prioritize such
projects, including SCIF projects, to conduct collaborative
intelligence analysis, in the fiscal year 2021 and future
budget submissions.
Supporting International Collaboration and Information
Sharing.--The Committee recognizes the key role that the FBI's
legal attache offices [legat] play in maintaining open lines of
communication and sharing information with international law
enforcement and intelligence partners around the world. To
further foster these relationships and provide additional
opportunities for training and collaboration, the Committee
notes that the increased funding in representation funds shall
be dedicated to legat offices.
Expanded Use of Private Laboratories in Testing DNA.--The
Committee remains concerned by certain reports indicating there
is a backlog of analyzed DNA samples awaiting upload to the
Combined DNA Index System [CODIS] and understands that a
contributing factor is the requirement that any DNA profile
generated by a private laboratory undergo an ownership review
by a public laboratory before it may be submitted to the
National DNA Index System. Not later than 90 days after
enactment of this act, the FBI shall report to the Committee
with data on the backlog of analyzed DNA samples awaiting
upload to CODIS as well as ongoing efforts to review the
existing standards requiring an ownership review of DNA
profiles generated by private laboratories.
Law Enforcement Medical Demonstration.--The Committee
supports the Bureau's actions to formalize its existing
external partnership 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 is pleased to have received the report
requested in Senate Report 115-139 and supplemental report and
supports the Bureau's exploration efforts to increase
opportunities to work with public academic medical centers,
medical researchers, and other medical educational institutions
to ensure the most current data is being collected and used in
training and education. The Committee's recommendation
continues funding this effort at no less than the fiscal year
2019 enacted level.
Counter-Unmanned Aircraft Systems.--The Committee supports
efforts to expand the Bureau's counter-UAS program capabilities
including increased partnerships with State and local law
enforcement. The FBI is encouraged to utilize a competitive
process for acquiring these technologies.
FBI Police.--The Committee encourages the Director of the
FBI to designate the members of the FBI Police as law
enforcement officers and make the rates of basic pay, salary
schedule, pay provisions, and benefits for its members
equivalent to the rates of basic pay, salary schedule, pay
provisions, and benefits applicable to other similar law
enforcement divisions. Within 180 days of enactment of this
act, 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 and any other relevant agency as it
implements these activities.
Facial Recognition Technology.--The Committee directs DOJ
to report not later than 90 days after enactment of this act on
the implementation status of U.S. Government Accountability
Office recommendations from its May 2016 report, Face
Recognition Technology: FBI Should Better Ensure Privacy and
Accuracy (GAO-6-267). GAO reported that DOJ did not complete or
update privacy impact assessments or publish required public
notices in a timely manner to ensure proper protection of
personal information. In addition, GAO found that FBI took
limited steps to assess the accuracy of the face recognition
data it uses. GAO made six recommendations and, to date, only
one of these recommendations has been addressed. DOJ is
expected to take the steps necessary to complete the
outstanding GAO recommendations to help ensure the privacy and
accuracy of the FBI's facial recognition capabilities.
Timely Responses to Congressional Inquiries.--The Committee
has heard from other Member offices regarding difficulties
receiving fulsome and timely responses to Congressional
inquiries. As a result, the FBI's Office of Congressional
Affairs is directed to provide timely, substantive responses to
Congressional requests for information.
CONSTRUCTION
Appropriations, 2019.................................... $385,000,000
Budget estimate, 2020................................... 51,895,000
Committee recommendation................................ 485,000,000
The Committee's recommendation provides $485,000,000 for
FBI construction. The recommendation is $100,000,000 above the
fiscal year 2019 enacted level and $433,105,000 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 Acts of 2018 and 2019 (Public Law 115-141 and
Public Law 116-6) included no funding for this project. No
funds were requested for the project for fiscal year 2020, 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 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 mission, workforce, and land requirements. The
Committee recommendation provides funding at no less than the
fiscal year 2019 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, 2019.................................... $2,687,703,000
Budget estimate, 2020...................................\1\2,976,295,000
Committee recommendation................................ 2,783,152,000
\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
$2,783,152,000 for the DEA, of which $443,142,000 is derived
from the DEA's Diversion Control Fee Account. The
recommendation is $95,449,000 above the fiscal year 2019
enacted level and $193,143,000 below the budget request. When
compared to the budget request for DEA operations without the
HIDTA transfer, the recommendation is $60,857,000 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.
Sensitive Investigative Units [SIUs].--The Committee
strongly supports DEA's SIUs, which often operate in
conjunction with DEA's Judicial Wire Intercept Programs [JWIP].
DEA has achieved success in reducing the production and
trafficking of illicit narcotics that are destined for the
United States through these programs. These size and number of
these programs have grown consistently with DEA's international
presence. In 1996 DEA had four SIUs, in fiscal year 2020 there
will be 15 SIUs and 12 JWIPS. The Committee is concerned,
however, about sustaining the growing needs of these programs.
The Committee supports the request level for these programs
and encourages DEA to utilize budgetary options beyond the
$26,000,000 currently allocated for these programs to ensure
that each SIU and JWIP program is operating at maximum capacity
in terms of training, staffing, and equipment. In order to
assess the future need to properly meet operational demands of
these programs, the Committee directs the DEA to provide,
within 90 days, a report that includes a detailed funding
history for each of the existing SIU and JWIP programs,
including the number of personnel supported by each SIU and
JWIP, any ancillary training that is provided to each SIU and
JWIP, and the criteria used by the Administrator of the DEA to
make funding determinations for each SIU and JWIP. The report
shall also clearly describe the funding sources for the program
to include DEA's appropriation, Department AFF, and funding
from the Departments of Defense and State. If DEA has plans to
expand its SIU and JWIP programs, it should also include
anticipated future needs broken out by location and estimated
on board date in the detail previously described.
Meeting Drug Testing Demands.--The Committee is concerned
that there is a growing unmet need for DEA field offices in
regards to drug testing, particularly when division, district,
and resident offices are not located in close proximity to a
testing laboratory in the DEA Laboratory System. This issue is
particularly problematic for areas of the country that have
been hardest hit by increases in synthetic drugs, including
fentanyl, as well as rural offices or those divisions that do
not have their own laboratories, as agents must drive long
distances to reach the nearest laboratory for testing. The
Committee directs DEA to provide a report detailing the initial
and out-year costs and associated resource needs, including
space requirements, to stand up new laboratories as well as
possible available locations for expansion to cover areas that
currently do not have access to a laboratory within a 200 mile
radius, not later than 90 days after enactment of this act.
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 2019
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, 115-131, and 115-275, 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
directs DEA to continue the permanent drug take back collection
site program and expand locations where possible as required by
Senate Report 115-275 and codified in Public Law 116-6.
Hemp Farming Act Guidance.--The Committee notes that the
Agriculture Improvement Act of 2018 removed hemp and its
derivatives from the Controlled Substances Act. The Committee
appreciates DEA's Notice on August 27, 2019, affirming the
legal status of hemp, including hemp plants and cannabidiol
[CBD] preparations at or below the 0.3 percent delta-9
tetrahydrocannabinol [THC] threshold, and directs DEA to ensure
the subsequent drug codes and scheduling guidance for marijuana
(cannabis) and marijuana extracts shall be updated to reflect
this removal.
Hemp Testing Technology.--The Agriculture Improvement Act
of 2018 removed hemp and its derivatives from the Controlled
Substances Act, and authorized the production, consumption and
sale of hemp and hemp-derived products in the United States.
The Act requires random testing to ensure hemp meets the
definition under the law of having a delta-9 THC concentration
of less than 0.3 percent. The Committee is aware that law
enforcement and other agencies need to have access to
laboratory testing and on-the-spot field testing technologies
and devices to distinguish between hemp and marijuana. The
Committee is aware that DEA is conducting research in this area
and has received responses to a Request for Information to
identify any technology in the marketplace capable of providing
field test kits. The Committee directs the DEA to continue to
work to identify and/or develop such devices and technologies.
The Committee further directs the DEA 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.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
Appropriations, 2019.................................... $1,316,678,000
Budget estimate, 2020................................... 1,368,440,000
Committee recommendation................................ 1,370,000,000
The Committee's recommendation provides $1,370,000,000 for
ATF. The recommendation is $53,322,000 above the fiscal year
2019 enacted level and $1,560,000 above 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 Crime
Gun 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.--
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.
Notification of Local Authorities.--The Committee
encourages the ATF to, when possible, notify local law
enforcement when a felon in their jurisdiction tries to buy a
firearm. If the NICS check is not completed within three days
and a felon obtains a firearm, the Committee encourages the ATF
to notify and utilize the help of local law enforcement in
retrieving the firearm.
Staffing Designations.--The Committee encourages ATF to
designate all National Firearms Act examiners and Industry
Operations Investigators as essential personnel for the
purposes of continuity for such processing during any period of
time in which the Federal Government has suspended or limited
operations.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2019.................................... $7,250,000,000
Budget estimate, 2020................................... 7,061,953,000
Committee recommendation................................ 7,470,000,000
The Committee's recommendation provides $7,470,000,000 for
Bureau of Prisons salaries and expenses. The recommendation is
$220,000,000 above the fiscal year 2019 enacted level and
$408,047,000 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.
Lifting the Hiring Freeze.--The Committee understands that
both the Department and BOP have started to take steps to
appropriately staff BOP's 122 Federal facilities across the
U.S., particularly the hiring of correctional officers at
medium- and high-security facilities, and directs hiring to
continue as expeditiously as possible. For far too long,
positions have remained vacant leading to dangerous conditions
for staff due to increased overtime and the use of augmentation
as well as reduced services for inmates. The overall inmate to
correctional officer ratio has increased from 8.3 to 1 to 9.1
to 1, a level that the Committee considers unsafe and directs
BOP to immediately correct. BOP is directed to provide a report
within 90 days of enactment of this act regarding the number of
vacancies at each facility further detailed by job title, job
series, and General Schedule level as well as the number of
applicants going through the hiring process for each vacant
position. If there are expedited hiring efforts the Department
can make to ensure BOP is properly staffed, the Committee
directs the Department to do so, and to include these measures
and their results in the aforementioned report.
The Committee supports the use of recruitment and retention
bonuses and rejects any further position eliminations. As
institutions are often located in remote areas with employees
living in neighboring jurisdictions, BOP is directed to review
locality pay to ensure institution staff are receiving proper
locality pay and submit a report on its findings to the
Committee within 120 days of enactment. The Committee is aware
of many cases where employees live in adjacent counties to the
institution and unfortunately receive lower locality pay as a
result.
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, to include an additional subset for each facility
within an institutional complex; and security level no later
than 90 days after enactment of this act. For further
transparency, this data is also directed to be published on
BOP's website.
BOP previously notified the Committee that it does not
currently record staffing by shift [morning watch, day watch,
evening watch], but is directed to start recording this data
and include these metrics in this report by the end of the
fiscal year. For any institution with a staffing ratio greater
than 15:1, 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.--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,
yet to meet staffing needs, BOP routinely uses a process called
``augmentation,'' whereby a non-custodial employee is assigned
custodial responsibilities. The continued use of augmentation
stretches correctional facility staff too thin leading to
unsafe conditions for both staff and inmates.
The Committee has expressed its concerns about the practice
of augmentation since fiscal year 2017 and once again directs
BOP to curtail its overreliance on augmentation, particularly
in housing units, a directive issued again as part of Senate
Report 115-275 and codified in Public Law 116-6. BOP should
focus on hiring 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. In addition to
officer and inmate safety concerns, the Committee also notes
that augmenting staff means that critical programs and services
required for inmates under the First Step Act are imperiled
when those who provide counseling, education and other programs
to inmates are being pulled from their original duties to work
in the cellblock.
Alleviating Overcrowding at High-Security Facilities.--The
overcrowding rate at high-security prisons is 21 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
USPs 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.
First Step Act [FSA] Implementation.--The Committee directs
the Department and BOP to fully and expeditiously implement the
FSA (Public Law 115-391), and provides $75,000,000 in new,
dedicated funding for this purpose. While the Committee was
encouraged by the Department's progress in both establishing
the Independent Review Committee and providing Congress with
the outline of the Risk and Needs Assessment tool by the
statutory deadline, the Department must fulfill the law's other
requirements no later than the deadlines established by the
Act, including the completion of the initial intake risk and
needs assessment for each inmate in the population through the
Risk and Needs Assessment tool, the assignment of prisoners to
appropriate evidence-based recidivism reduction programs based
on that determination, and the establishment of additional
earned time credits.
The Department is directed to report to both the Committees
on Appropriations and Judiciary, within 90 days of enactment of
this act, and every 90 days thereafter, on all actions and
expenditures to implement the FSA, including activities,
expenditures and resource requirements to develop, implement,
review, validate, and maintain the risk and needs assessment
and to evaluate and provide evidence-based recidivism reduction
programs and productive activities.
Additional Requirements of the FSA.--Section 102 of the FSA
requires the Attorney General to develop policies for the
warden of each BOP facility to enter into partnerships with
non-governmental and faith-based organizations to provide
evidence-based recidivism reduction programming or productive
activities for inmates at a reduced cost or no cost to the
Federal Government. Such partnerships have been successful in
dozens of States, reducing crime rates and helping to restore
the lives of the incarcerated. Because the FSA requires BOP to
provide a majority of inmates with the opportunity to
participate in recidivism reduction programming or productive
activities, it is imperative for the Department to quickly
identify and engage in opportunities to increase available
programming through non-governmental sources. The Committee
therefore directs the Attorney General to issue guidance and
policies for recidivism reduction partnerships, as required
under section 102 of Public Law 115-391, not later than 30 days
after the date of enactment of this act.
Additionally, the Act requires BOP to assist inmates
applying for Federal and State benefits as well as obtaining
critical identification for re-entry, including a social
security card, driver's license or other official photo
identification, and birth certificate. Within 45 days of
enactment of this act, BOP is directed to provide a status
report to the Committees on Appropriations and Judiciary
indicating the guidance issued to BOP staff as well as a
description of how these additional requirements are being met,
including the number of inmates receiving assistance in
securing benefits and identification, any difficulties BOP is
encountering in obtaining these documents, and the list of
organizations partnering with BOP to include the programming
provided by each organization for each facility. The Committee
further directs BOP to provide quarterly reports to the
Committees on Appropriations and Judiciary with updated
information on both recidivism reduction partnerships and
assistance with obtaining identification and benefits.
The FSA also requires BOP to designate an inmate to reside
in a BOP facility as close as practicable to the prisoner's
primary residence and, to the extent practicable, in a facility
within 500 driving miles of that residence. In order to meet
this requirement, especially in States that are not contiguous
with the Continental United States, the Committee directs BOP
to consider the expansion of Residential Reentry Centers [RRC]
as one possible method for complying with the 500 driving mile
requirement.
Lieutenant Osvaldo Albarati Correctional Officer Self-
Protection Act.--Section 202 of the First Step Act (Public Law
115-391) requires the Director of the BOP to ensure that each
Federal penal or correctional institution provides a secure
storage area located outside of the secure perimeter of the
institution for employees to store firearms or allows employees
to store firearms in a vehicle lockbox. The Committee
recognizes the importance of this provision in ensuring BOP
employee safety, and directs the Director to provide the
storage facilities required under the act not later than the
end of the fiscal year. Within 90 days of enactment of this
act, the Department shall submit a report to the Committee on
its implementation plan and progress until completion on a
quarterly basis.
Medication-Assisted Treatment [MAT].--The Committee is
disappointed that while it has provided funding for MAT in BOP
since fiscal year 2016, fewer than 30 inmates received MAT
between fiscal years 2016-2018. In fiscal year 2020, the
Committee expects no less than $2,000,000 to be used for MAT
for inmates in BOP institutions and RRCs. The Committee
understands that BOP returned more than 1,000 doses of expired
naltrexone in fiscal year 2019 and directs BOP to use any
credit it may have received for MAT expansion. The Committee
directs BOP to consider all three forms of FDA-approved MAT as
it expands MAT access.
Additionally, the Committee has received conflicting
information from the Department regarding BOP's MAT program,
and therefore directs BOP to report quarterly on the number of
individuals that are screened for MAT, are seeking MAT, have
received MAT, and those on a wait list for MAT. These
categories should be further broken out by institution and type
of MAT. The initial report is directed to be submitted to the
Committee within 30 days of enactment of this act.
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's 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 requests an updated report containing the
information required by Senate Report 115-275 and codified in
Public Law 116-6, 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 BOP agreed to resolve the 15
recommendations made by the Department's OIG 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 OIG recommendations issued in July 2017.
National Institute of Corrections [NIC].--The Committee
rejects the request to eliminate the NIC.
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
NIC efforts to establish public-private partnerships with
research and correctional institutions to evaluate completed
demonstration projects involving postsecondary education
programs in prisons. The report regarding NIC's findings on
correctional education as directed by Senate Report 115-275 and
codified by Public Law 116-6 has yet to be submitted. The
Committee expects this report to be submitted in short order.
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.
Contraband Telecommunications and Jamming.--The Committee
remains concerned about the rising use of contraband cellular
phones and other devices in facilities administered by, or
under contract with, BOP. Contraband cell phones enable the
continuation and facilitation of criminal activity, threatening
the safety of correctional officers and staff, other inmates,
and public safety. Given the growing threats from these
activities, including the financial scams and sextortion of
innocent citizens by inmates from within these facilities,
additional solutions are required sooner rather than later. As
such, BOP must take all steps necessary to ensure that inmates
who use these contraband devices will no longer have access to
these networks to direct criminal activities in or beyond
prison.
BOP is directed to act upon the recommendations of their
fiscal year 2016 report submitted to the Committee and deploy
telecommunications technologies to thwart illegal usage of
telecommunications in institutions while not interfering with
the legitimate use of spectrum. BOP shall also incorporate the
lessons learned and best practices to be developed through its
recent micro-jamming pilot program conducted in conjunction
with NTIA. The Committee supports the BOP's request for jamming
pilots. The Department shall report to the Committee within 30
days of enactment of this act, detailing its plans for the
implementation of this program. The Committee further directs
the Department to submit a report within 90 days of enactment
of this act on the costs associated with and the resources
needed to conduct a full facility jamming pilot. This report
should include technology costs, as well as the staffing needs
associated with this type of jamming pilot, for BOP and for any
partner agencies, like the NTIA, that would be involved.
Residential Reentry Centers.--The Committee maintains its
concerns and expectations regarding 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 to refrain from canceling or modifying 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.
Emergency Preparations.--The Committee directs the GAO to
examine how the BOP protects inmates during natural or manmade
disasters and emergencies, to include any emergency response
plans and standard operating procedures and how existing
Federal guidance and best practices are utilized within BOP
institutions, and what, if anything, BOP needs to do to
strengthen these safeguards in the future. The Committee
directs GAO to study the extent to which BOP assesses if its
institutions, as well as contracted facilities, are developing
plans that incorporate risk management best practices and
relevant standards for emergency preparedness.
BUILDINGS AND FACILITIES
Appropriations, 2019.................................... $264,000,000
Budget estimate, 2020................................... 99,205,000
Committee recommendation................................ 290,000,000
This act includes $290,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates. The
recommendation is $26,000,000 above the fiscal year 2019
enacted level and $190,795,000 above the budget request. Within
this amount, not less than $181,000,000 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.
Modernization and Repair [M&R] of Existing Facilities.--BOP
operates 122 facilities, almost one-third of which are more
than 50 years old; 25 are more than 75 years old. These
facilities are rapidly deteriorating and are in need of
extensive work and repair to maintain safe, secure, and
functioning facilities. This need is further illustrated by the
power and heating outages that occurred for extended periods at
several BOP facilities in early 2019. To begin to remedy this,
the Committee provides $109,000,000 for M&R purposes, which is
$10,000,000 above than the enacted level and $9,795,000 above
the budget request.
FEDERAL PRISON INDUSTRIES, INCORPORATED
(LIMITATION ON ADMINISTRATIVE EXPENSES)
Appropriations, 2019.................................... $2,700,000
Budget estimate, 2020................................... 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
2019 enacted level and equal to the budget request.
State and Local Law Enforcement Activities
In total, the Committee recommends $3,161,590,000 for State
and local law enforcement and crime prevention grant programs,
including: $2,661,590,000 in discretionary appropriations and
in mandatory appropriations, and $500,000,000 from funds
provided under section 510 of this act. The total is
$139,290,000 above the fiscal year 2019 enacted level and
$704,590,000 above the budget estimate.
Management and Administration Expenses.--The Department
shall, in preparing its fiscal year 2020 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 CVF, 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 2021 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.
Streamlining the Grant Application Process.--The
Department's grant making components are directed to improve
the grant application process to make it simpler for grantees
to understand eligibility and submission requirements. The
Committee is aware of several instances where support documents
were not uploaded despite genuine grantee efforts, and
therefore directs the Department to ensure grant submission
platforms are more reliable and user friendly. The Committee
also expects this process to provide greater clarity to
applicants regarding future reporting requirements and
deadlines. The Committee understands that some grantees whose
documentation was not uploaded properly, or whose documentation
is lacking, often are not notified until several months later
when grants are finally awarded. The Department is directed to
explore methods to ensure grant application submissions are not
possible until the required documentation is appropriately
attached and report to the Committee within 90 days of
enactment of this act as to how this can be accomplished and
what resources may be necessary to technologically achieve this
streamlined submission process.
Expanded Purpose Areas for Crime Victim Assistance.--The
Committee reminds 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], 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 by this bill.
Tribal Grants and Victim Assistance.--The Committee
provides a total of $77,000,000 in discretionary grant funding
for tribes as follows: $38,000,000 within OJP for tribal
assistance; $5,000,000 for a tribal youth program within the
Office of Juvenile Justice and Delinquency Prevention [OJJDP];
$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 OVW.
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 2020, 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 CVF. 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
115-275 and codified in Public Law 116-6 regarding grant
application requirements, accountability, and assistance.
Human Trafficking in Indian Country.--The Committee
encourages the Department of Justice in coordination with the
Departments of the Interior and Health and Human Services to
work 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.
Science Advisory Board.--The Committee recognizes the
contributions of OJP's Science Advisory Board [Board] and
encourages the re-establishment of the Board. The Board worked
to provide extra-agency review of, and recommendations for,
OJP's research, statistics, and grants program. The re-
established Board should be comprised of scholars and
practitioners in criminology, statistics, sociology, and
practitioners in the criminal and juvenile justice fields and
should be tasked with ensuring the programs and activities of
OJP are scientifically sound and pertinent to policymakers and
practitioners.
Housing and Services for Victims of Human Trafficking.--The
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et.
seq.), as amended by section 224 of Public Law 114-22 (22
U.S.C. 7105 (b)(2)(A)), authorizes the Attorney General to make
grants to develop, expand, or strengthen victim service
programs for victims of human trafficking, including programs
that provide housing. To comply with this Act, the Department
entered into a Memorandum of Understanding [MOU] with the
Department of Housing and Urban Development [HUD] to help
address the housing needs of human trafficking victims.
On July 2, 2019, HUD published a Notice of Funding
Availability [NOFA] to make $13,500,000 available for grants to
eligible organizations to implement and provide housing and
trauma-informed, victim-centered services to victims of human
trafficking. HUD modified the NOFA on August 26, 2019, before
subsequently withdrawing it on September 9, 2019, without any
advance notice to applicants or the Committees on
Appropriations or Judiciary.
The Committee strongly supports providing resources for
victims of human trafficking in accordance with the statute,
and is concerned about the lack of transparency and abrupt
cancellation of this NOFA. As such, the Committee directs the
Department to provide the Committee with a contingency plan for
how to allocate these funds as authorized under 22 U.S.C.
7105(b) if HUD continues to further delay, as well as provide
notice of any changes to the MOU within 15 days of enactment of
this act.
When transferring Departmental funds to other Federal
agencies that administer services as part of a grant, the
Department is directed to ensure it is consulted at least 15
days in advance of any changes being made by that agency during
the grant making process to include any cancellations or delays
of the grant solicitation.
Support Services for Younger Victims of Sexual Exploitation
and Sex Trafficking.--Young victims of commercial sexual
exploitation and sex trafficking have historically faced
barriers to accessing victims services due to stringent
requirements to be legally recognized as victims. The Committee
encourages the Department to issue guidance that young adults
(ages 18-24) that have been identified by qualified youth
service professionals as victims of commercial sexual
exploitation or sex trafficking should be eligible for
services.
OVC should support mentoring services specifically for
children and youth victims of commercial sexual exploitation or
sex trafficking and their families that are comprehensive,
specialized, developmentally appropriate, and trauma-informed.
Young victims of commercial sexual exploitation or sex
trafficking lack the connection to safe, caring, and consistent
adults to support them in responding to adversity and building
resilience in the transition to adulthood. Mentors can promote
healing, and foster cognitive, social-emotional, and identity
development in youth, and provide an ongoing connection to
other services and support systems.
OVC is encouraged to support demonstration projects to
pilot and evaluate flexible housing options for both youth
(aged under 18) and young adult (aged 18-24) victims of
commercial sexual exploitation or sex trafficking during the
transition to adulthood. Housing should be safe,
developmentally appropriate, trauma-informed, and include a
variety of flexible options to meet the unique needs of those
served inside and outside of the child welfare system.
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 OVC grants contradicts the 2017 Trafficking in
Persons Report released by the State Department, which
encouraged the expansion of vacatur services.
The Committee directs OVC to allow the use of funds for
direct representation on vacatur and expungement for a
conviction for a non-violent crime that is a direct result of
being a trafficking victim. Furthermore, the Committee directs
the Department to submit the report required in Senate Report
115-275 and codified in Public Law 116-6 regarding the Federal
Government's ability to supplement State vacatur programs.
Assistance for Exonerees.--The Committee directs the
Department to assess what Federal support and services could be
offered to both exonerees throughout their reentry as well as
to crime victims and family members in cases where exoneration
has taken place. Findings and recommendations are directed to
be reported to the Committee within 120 days of enactment of
this act.
Submission of Officer Training Information.--The Committee
directs the Department to continue following direction provided
in fiscal years 2017, 2018, and 2019 regarding the submission
of officer training data as part of both the Byrne-JAG and COPS
hiring grant process. The Department is further directed to
provide this data to the Bureau of Justice Statistics in order
to begin a data collection set and issue a report on how
officers are trained, what kind of training they receive, and
the rank of officers receiving training.
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 equal to the fiscal year 2019 level.
Of this amount, $67,000,000 is provided to the Bureau of
Justice Assistance [BJA] for evidence-based school safety
programs outlined in the act and $33,000,000 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 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 115-275 and codified in Public Law
116-6, 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.
Peer-to-Peer Training.--The OVC is directed to use up to
$5,000,000 to provide peer-to-peer training on Federal grants
management and administration for Victims of Crime Act victim
assistance grantees and subgrantees. This peer-to-peer training
should cover all aspects of Federal grants management and
administration, including needs assessments; stakeholder
engagement, including those who speak for victims; system-wide
planning; principles of evidence-based practice and data-driven
innovation from a victim-centered lens; pre- and post-award
processes; principles and functions; application development;
program establishment; monitoring and auditing; progress
reporting; budget development and review; financial management
and reporting; closeout and corrective action plans; and staff
responsibilities. The Committee believes contracting with a
non-profit entity that has direct experience and expertise in
peer-to-peer training for state administering agencies, local
government agencies, and non-profit service providers on
Federal grants management, administration, and planning is the
appropriate mechanism to provide this training.
Issuance of DOJ Grant Solicitations.--The Committee directs
all Department of Justice grant making components to have
fiscal year 2020 grant solicitations posted no later than May
15, 2020, 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 bill, 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, 2019.................................... \1\$497,500,000
Budget estimate, 2020................................... \2\492,500,000
Committee recommendation................................ \1\500,000,000
\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 $500,000,000 for
OVW grants. The recommendation is $2,500,000 above the fiscal
year 2019 enacted level and $7,500,000 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...................... 36,500
Research and Evaluation on Violence Against Women.... 2,500
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.. 43,500
Violence on College Campuses......................... 20,000
Civil Legal Assistance............................... 45,500
Elder Abuse Grant Program............................ 5,000
Family Civil Justice................................. 17,000
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...................... 1,000
------------------
TOTAL, Violence Against Women Prevention and 500,000
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 2019 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.--The Committee's
recommendation provides $37,500,000, which is $2,500,000 above
the budget request and equal to the fiscal year 2019 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, 2019.................................... $80,000,000
Budget estimate, 2020................................... 94,500,000
Committee recommendation................................ 80,000,000
The Committee's recommendation provides $80,000,000 for the
Research, Evaluation and Statistics account. The recommendation
is equal to the fiscal year 2019 enacted level and $14,500,000
below the budget request.
Funding in this account provides assistance in the areas of
research, evaluation, statistics, hate crimes, DNA and
forensics, criminal background checks, and gun safety
technology, among others.
The Committee's recommendations are displayed in the
following table:
RESEARCH, EVALUATION AND STATISTICS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program Recommendation
------------------------------------------------------------------------
Bureau of Justice Statistics......................... 43,000
National Institute of Justice........................ 37,000
Domestic Radicalization Research................. 5,000
Research on School Safety........................ 1,000
National Study of Law Enforcement Responses to 1,000
Sex Trafficking of Minors.......................
National Center on Forensics..................... 2,000
National Center for Restorative Justice.......... 3,000
------------------
TOTAL, Research Evaluation and Statistics...... 80,000
------------------------------------------------------------------------
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 $43,000,000 for the BJS. The
recommendation is equal to the fiscal year 2019 level and
$5,000,000 less than the request.
Data on Police Suicide.--The Committee understands that
there is currently no national data concerning suicides of law
enforcement officers. To truly understand the scope of this
issue and determine rates of death or other trends, BJS is
directed to maintain a data set and report on police suicides
for Federal, State, and local law enforcement. A status report
to the Committee on accomplishing this data collection is
requested within 90 days of enactment of this act.
Data Collection on Police Pursuits and High Risk Vehicle
Events.--The BJS is encouraged to develop a data collection set
to accurately capture the number of deaths and injuries from
police pursuits and high risk vehicle events involving law
enforcement.
National Institute of Justice [NIJ].--The Committee's
recommendation provides $37,000,000 for the NIJ, in addition to
$3,500,000 transferred from the OVW for research and evaluation
on violence against women and Indian women. Within the funds
provided for NIJ, $5,000,000 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.
National Study of Law Enforcement Responses to Sex
Trafficking of Minors.--The Committee recognizes a growing
consensus among policy makers, criminal justice professionals,
and practitioners that work with exploited children, that
effective law enforcement responses to child sex trafficking
need to change. In the past, law enforcement have treated
minors caught up in sex trafficking as delinquents, failed to
distinguish them from adults involved in prostitution, or
overlooked the problem of child exploitation. New approaches
emphasize targeting the exploiters who sell and buy sex from
minors and treating exploited minors as victims. While much
discussion and training has occurred around these issues, it is
unclear whether law enforcement practice has changed.
The Committee provides $1,000,000 for NIJ to administer a
competitive grant to an accredited research university to
replicate and expand upon a previous national survey of law
enforcement agencies conducted in 2005, the National Juvenile
Prostitution Study. Through comparisons with the earlier study,
it will be able to establish the degree to which law
enforcement practices have transitioned from a predominately
delinquent perspective to a more victim-focused approach.
Additionally, the study will also determine what barriers law
enforcement agencies have faced as they tried to implement
practices consistent with the new paradigm.
National Center on Forensics.--The Committee provides
$2,000,000 for the NIJ to facilitate a partnership amongst a
full-service State department of forensic science with a
medical examiner function; an accredited university of higher
education with affiliate medical and law schools; and a
statewide district attorneys association for the purpose of
providing medico-legal learning opportunities for medical
students to train as deputy medical examiners/coroners in
underserved rural areas; provide forensic science and legal
training to district attorneys, judges, and law enforcement;
and develop opportunities as appropriate amongst the designated
partners to benefit current and future practitioners in the
field.
Understanding the Effects of Human Trafficking.--Due to the
complex nature of human trafficking and the lack of available
research in this field, the Committee directs NIJ to conduct a
study on the short-term and long-term physical and
psychological effects of serious harm of human trafficking on
victims. This study should be completed in accordance with
Section 20 of Public Law 115-392, including entering into
relevant agreements with the Centers for Disease Control and
Prevention.
Impairment Detection Technology.--The Committee remains
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 directs NIJ to
immediately submit the report directed in Senate Report 115-275
and codified by Public Law 116-6 to the Committee, and
maintains direction for NIJ to report to the Committee every 6
months thereafter until such time as technologies are
identified and deployed to law enforcement in the field.
Researching School Violence.--The Committee again 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 continues to direct 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 was directed to provide their
methodology on these metrics within 30 days of enactment of
this act as directed by Senate Report 115-275 and codified in
Public Law 116-6. The Committee directs immediate submission of
these metrics and also continues to direct NIJ to publish an
annual report 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.
Review of Law Enforcement Mental Health and Wellness
Programs.--The Committee recognizes the psychological and
emotional impacts law enforcement face in responding to
stressful and traumatic situations and is disturbed by
increased reports of suicides by current and former law
enforcement officers. The Committee directs the Department to
provide a report within 90 days of enactment of this act
assessing the availability of existing mental health resources
for law enforcement agencies and should also include
recommendations for increased access to, and utilization of,
mental health counseling and programs focused on law
enforcement suicide prevention efforts.
This report shall also review the efficiency and
effectiveness of peer responder programs for sworn and non-
sworn law enforcement employees, including ``train the
trainer'' models designed to support employees in the wake of a
personal or professional crisis. This report should provide a
review of the effectiveness of partnerships between peer
responder programs and mental health service providers who
specialize in clinical psychology services and behavioral
sciences. The report should include any additional programs or
resources needed to assist the Department in its efforts to aid
State and local law enforcement agencies in developing and
implementing law enforcement suicide prevention programs.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2019.................................... $1,723,000,000
Budget estimate, 2020................................... 1,482,200,000
Committee recommendation................................ 1,789,790,000
The Committee's recommendation provides $1,789,790,000 for
State and local law enforcement assistance. The recommendation
is $66,790,000 above the fiscal year 2019 enacted level and
$307,590,000 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............. 545,000
Officer Robert Wilson III VALOR Initiative....... 12,000
Smart Policing................................... 7,500
Smart Prosecution................................ 8,000
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
Drug Field Testing and Training Initiative....... 2,000
Project Safe Neighborhoods....................... 20,000
Presidential Nominating Conventions.............. 100,000
Juvenile Indigent Defense........................ 2,000
Community Based Violence Prevention.............. 8,000
Regional Law Enforcement Technology Initiative... 3,000
Capital Litigation and Wrongful Conviction Review 5,500
Collaborative Mental Health and Anti-Recidivism 1,000
Initiative......................................
State Criminal Alien Assistance Program.............. 150,000
Victims of Trafficking Grants........................ 85,000
Economic, High-Tech, White Collar, and Cybercrime 14,000
Prevention..........................................
Intellectual Property Enforcement Program........ 2,500
Digital Investigation Education Program.......... 2,000
Adam Walsh Act Implementation........................ 20,000
Patrick Leahy Bulletproof Vest Partnership Grant 27,500
Program.............................................
Transfer to NIST/OLES............................ 1,500
National Sex Offender Public Website................. 1,000
National Instant Criminal Background Check System 78,290
(NICS) Initiative...................................
NICS Act Record Improvement Program.............. 25,000
Paul Coverdell Forensic Science...................... 30,000
DNA Initiative....................................... 136,000
Debbie Smith DNA Backlog Grants.................. 125,000
Kirk Bloodsworth Post-Conviction DNA Testing 7,000
Grants..........................................
Sexual Assault Forensic Exam Program Grants...... 4,000
Sexual Assault Kit Initiative [SAKI]................. 48,000
CASA-Special Advocates............................... 12,000
Tribal Assistance.................................... 38,000
Second Chance Act/Offender Reentry................... 90,000
Smart Probation.................................. 6,000
Children of Incarcerated Parents Demo Grants..... 5,000
Project HOPE Opportunity Probation with 4,500
Enforcement.....................................
Pay for Success.................................. 7,500
Pay for Success (Permanent Supportive Housing 5,000
Model)..........................................
Anti-Opioid Initiative............................... 378,000
Drug Courts...................................... 80,000
Mentally Ill Offender Act........................ 33,000
Residential Substance Abuse Treatment............ 31,000
Veterans Treatment Courts........................ 23,000
Prescription Drug Monitoring..................... 31,000
Comprehensive Opioid, Stimulant, and Substance 180,000
Abuse Program...................................
Keep Young Athletes Safe Act......................... 2,500
STOP School Violence Act............................. 67,000
Community Trust Initiative........................... 67,500
Byrne Criminal Justice Innovation Program........ 17,000
Body Worn Camera Partnership Program............. 22,500
Justice Reinvestment Initiative.................. 28,000
------------------
TOTAL, State and Local Law Enforcement 1,789,790
Assistance....................................
------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grant Program.--
The Committee recommends $545,000,000 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 the 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 $8,000,000 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 should be developed by a local
governmental entity and may be accomplished through a variety
of models, including a fusion center, task force, or center 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 the
development of 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 the
competitively selected community. The Committee expects this
initiative to serve as an example for how other local
governmental entities in the region can leverage local and
regional law enforcement partnerships to facilitate the sharing
of sensitive law enforcement information and resources to
promote the safety of their citizens. 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.
Preventing Violence Against Law Enforcement Officer
Resilience and Survivability [VALOR] Initiative.--The
Committee's recommendation provides $12,000,000 within Byrne-
JAG for the VALOR Initiative. 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 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.
Drug Field Testing and Training Initiative.--The Committee
recognizes that crime and forensics labs across the country are
overwhelmed, and understands the ripple effect on the justice
system when forensic testing is delayed. While some forensic
analysis must be conducted in a laboratory environment, the
Committee believes that there are other methods, like rapid
drug testing, that can be performed in the field. Therefore,
within the funds provided, $2,000,000 shall be spent on a pilot
program to establish a training model led by an accredited
institution of higher learning that can be used nationwide
regarding rapid identification technology and methods which can
be used when drugs are discovered in the field. This
institution shall provide training to local law enforcement
officers both on the methods of conducting rapid field testing
to identify drugs encountered in the field as well as proper
evidence collection techniques and storage measures, with the
ultimate goal of reducing court backlogs for drug related
offenses.
Prison Rape Elimination Act 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.
Drug-Detection Canines.--The Committee is concerned about
the rise in drug trafficking, including that of
methamphetamines, within the U.S. and along our borders and
recognizes the need for additional drug-detection canines for
local and State law enforcement. The Committee reminds the
Department that this is a covered purpose area under Byrne-JAG
grants and directs the Department to, where possible, further
clarify within existing programs, including the AFF's Equitable
Sharing Program, that canines are a permissible use of Federal
dollars.
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.
Collaborative Mental Health and Anti-Recidivism
Initiative.--The Committee recognizes that prison populations
across the country have been severely impacted by the increased
incarceration of individuals suffering from mental illness. The
Committee understands that these individuals are often
associated with high recidivism rates, because their access to
mental healthcare upon release can be inadequate or non-
existent. For many States, a shortage of mental health
resources has a direct correlation to the overcrowding of
prison systems. For this reason, the Committee provides
$1,000,000 for a pilot program that partners with the
appropriate State office or entity, such as the Department of
Mental Health or Department of Corrections, to establish a
collaborative anti-recidivism effort focused on the therapeutic
educational, vocational, evidence-based cognitive-behavioral,
and mental health needs of inmates upon intake or arrest
through their probationary or parole period that will provide a
continuum of programming focused on recidivism reduction as
well as the mental health and wellness, and, if needed, long-
term assistance with mental health needs.
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
Initiative Grants.--The Committee funds the program at
$78,290,000, which is $3,000,000 above both the enacted level
and 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 $20,000,000 for PSN. 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.
Group Violence Intervention [GVI].--The Committee
recognizes that GVI is a strategy the Department should
consider in its efforts to reduce violent crime. The Committee
encourages the Department, in conjunction with the Project Safe
Neighborhood program, to fund GVI initiatives in cities where
GVI programs have proven to reduce gun violence.
Presidential Nominating Convention Security Funding.--The
Committee provides $100,000,000 for costs related to state and
local law enforcement activities incurred as part of their
efforts in assisting to secure the 2020 presidential nominating
conventions. The Committee expects the Department to develop
clear guidelines regarding allowable expenses and communicate
these regulations as well as best practices from prior
disbursements of convention security grants to the impacted
jurisdictions as soon as possible. All payments and
reimbursements shall be reviewed and approved by the Department
prior to expenditure, as well as audited by the OIG, to ensure
efficiency and accountability.
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 2020
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. Individuals exonerated in
2018 spent an average of almost 11 years incarcerated for their
convictions, for a record total of 1,639 years lost and 57
percent of 2018 exonerations--a record 86 of the total 151
exonerations were a result of the work of innocence
organizations.
Given the urgent need to identify and remediate wrongful
convictions, the Committee directs that at least 50 percent of
the $5,500,000 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 Department shall not require
grantees to participate in partnerships between a State or
local prosecutor's office and an organization or entity
dedicated to ensuring just convictions and/or acquittals. 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.
Community-Based Violence Prevention [CBVP].--The Committee
provides $8,000,000 for CBVP and directs that these funds
support evidence-based and data-driven intervention,
prevention, and deterrence focused initiatives that aim to
reduce violence. These initiatives should be focused on areas
that are disproportionately impacted by violent crime including
areas experiencing high rates of illegal firearms arrests and
homicides.
Patrick Leahy Bulletproof Vest Partnership Grant Program.--
Within the $27,500,000 provided for bulletproof vests,
$1,500,000 is to be transferred directly to the NIST Office of
Law Enforcement Standards to continue supporting ballistic- and
stab-resistant material compliance testing programs. The
Committee expects the BJA to continue strengthening internal
controls to manage the Patrick Leahy Bulletproof Vest
Partnership Grant 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.
Body-Worn Camera Partnership Program.--The Committee's
recommendation includes $22,500,000 for a competitive matching
grant program to equip State, local, and tribal law enforcement
officers with body-worn cameras. The Committee recommends that
jurisdictions (1) develop camera policies and procedures with
community input; (2) commit to a set of narrow and well-defined
purposes for which cameras and their footage may be used; (3)
specify clear operational policies for recording, retention,
and access; (4) require training for both the proper use of
body-worn cameras and for the handling and use of the obtained
video and audio recordings; (5) ensure that prior to use of
body-worn cameras, privacy and data retention policies are
already in place; and (6) as appropriate, make footage
available to promote accountability with necessary privacy
safeguards.
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.
Project HOPE Institute.--The Committee recognizes the
success of Project HOPE. The Committee provides $4,500,000 for
Project HOPE, of which not less than $500,000 shall be directed
to establishing a Project HOPE Institute to provide training,
technical assistance, and best practices for jurisdictions
replicating the HOPE model.
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 $136,000,000 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, $125,000,000 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.--Section 3 of The Justice
for All Reauthorization Act of 2016 (Public Law 114-324)
codified that not less than 75 percent of amounts made
available ``for a DNA Analysis and capacity enhancement program
and for other local, State, and Federal forensic activities''
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 a part of the U.S. Code for several years,
the Department has failed to adhere to the law. Specifically,
in their solicitations for both fiscal year 2018 and fiscal
year 2019, the Department allocated only $70,000,000 (58
percent) of the funds to the DNA Capacity Enhancement and
Backlog Reduction Program. 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.
Additionally, the Justice Served Act of 2018 (Public Law
115-257) was enacted on October 9, 2018, and requires that not
more than 7 percent and not less than 5 percent of the funds
allocated for the Debbie Smith DNA Backlog Grant Program be
used for ``grants for prosecutors to increase the capacity of
State and local prosecution offices to address cold cases
involving violent crime, where suspects have been identified
through DNA evidence.'' The Committee directs the Department to
implement the Justice Served Act of 2018 in accordance with the
clear intent of Congress and ensure that not more than 7
percent and no less than 5 percent of the funds provided under
the Debbie Smith program are allocated for the purpose of
increasing the capacity of state and local prosecutors to
address cold cases.
Sexual Assault Kit Initiative [SAKI].--The Committee's
recommendation includes $48,000,000 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 directs the continuation of
this important program to deliver justice for victims of sexual
assault.
Paul Coverdell Forensic Science.--The recommendation
provides a total of $30,000,000, of which $17,000,000 is to
specifically target the challenges the opioid and synthetic
drug epidemic has brought to the forensics community as
described in Senate Report 115-275 and codified in Public Law
116-6.
Economic, High-Tech, White Collar, and Cybercrime
Prevention.--The Committee recommends $14,000,000 to assist
State and local law enforcement agencies in the prevention,
investigation, and prosecution of economic, high-tech, and
Internet crimes. Given the importance of protecting our
Nation's new technologies, ideas, and products, the Committee
includes the request of $2,500,000 for competitive grants that
help State and local law enforcement tackle intellectual
property [IP] thefts, such as counterfeiting and piracy.
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.
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 $378,000,000 for CARA
programs, including $80,000,000 for drug courts; $23,000,000
for veterans treatment courts; $31,000,000 for Residential
Substance Abuse Treatment including access to any of the three
MAT options; $31,000,000 for prescription drug monitoring;
$33,000,000 for the Mentally Ill Offender Act; and $180,000,000
for the Comprehensive Opioid, Stimulant, and Substance Abuse
Program [COSSAP].
The Committee directs that funding for COSSAP programs be
focused on prevention and education efforts, effective
responses to those affected by substance abuse, and services
for treatment and recovery from addiction. Of the $180,000,000
for COSSAP, no less than $10,000,000 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 drug 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 encourages Federal agencies to
continue to work with State and local governments and
communities to support drug courts.
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.
The Committee supports the work of mental health courts
across the country. The Committee is concerned, however, by the
high rates of re-incarceration among individuals with serious
mental illness due to the inadequate access to care for or
management of their illness and encourages the Department to
include appropriate long-acting medications as an allowable
expense to improve treatment adherence and reduce risk for
relapse and re-incarceration. Additionally, the Committee urges
the Department to provide funding in accordance with Section
14002 of the 21st Century CURES Act of 2016 for court-ordered
assisted outpatient treatment as authorized in law.
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, 2019.................................... $287,000,000
Budget estimate, 2020................................... 238,500,000
Committee recommendation................................ 315,000,000
The Committee's recommendation provides $315,000,000 for
juvenile justice programs. The recommendation is $28,000,000
above the fiscal year 2019 enacted level and $76,500,000 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 encourages OJJDP to review its suite of grant
programs in order to offer services and programs for children
and youth who have experienced complex trauma.
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......................... 63,000
Emergency Planning-Juvenile Detention Facilities. 500
Youth Mentoring Grants............................... 97,000
Title V--Delinquency Prevention Incentive Grants..... 40,000
Tribal Youth..................................... 5,000
Children of Incarcerated Parents Web Portal...... 500
Girls in Justice System.......................... 2,000
Opioid Affected Youth Initiative................. 10,000
Children Exposed to Violence..................... 8,000
Victims of Child Abuse Programs...................... 27,000
Missing & Exploited Children Programs................ 85,000
Training for Judicial Personnel...................... 3,000
------------------
TOTAL, Juvenile Justice........................ 315,000
------------------------------------------------------------------------
Any deviation from the above plan is subject to the
reprogramming requirements of section 505 of this act.
Part B: State Formula Grants.--The Committee provides
$63,000,000 for grants to implement comprehensive State
juvenile justice plans, including community-based prevention
and intervention programs and activities for juvenile
offenders. This amount is $3,000,000 above the fiscal year 2019
enacted level and $5,000,000 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
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 of this act.
Implementation of the Juvenile Justice Reform Act of
2018.--The Committee believes that effective implementation of
the Juvenile Justice Reform Act of 2018 (Public Law 115-385)
requires timely and comprehensive guidance to states by the
Department and OJJDP. The Committee directs DOJ and OJJDP to
support full, timely implementation of the law as intended.
Further, the Committee urges DOJ and OJJDP to encourage all
fifty states and six U.S. territories to fully participate in
the Act and its goals of improving outcomes for public safety
and youth. Appropriations to DOJ and OJJDP are provided within
OJJDP to ensure that States have the training and support to
continue as fully participating members in the Act.
Juvenile Diversion Programs.--The Committee encourages the
Department to support evidence based diversion programs that
focus on non-violent juvenile offenders and incorporate the
peer-to-peer model and involve local law enforcement,
institutions of higher education, and local health partners to
provide a holistic approach to decrease recidivism.
Arts Programs and Therapies for At-Risk and Justice-
Involved Youth.--The Committee supports the use and
implementation of arts-based programs and therapies at various
points in the juvenile justice system as a way to work
collaboratively across sectors to achieve system improvements
and positive outcomes for youth. As a result, OJJDP is directed
to review opportunities to include arts-based methods for
prevention, diversion, and residential grant programs.
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
$97,000,000 for competitive, peer-reviewed youth mentoring
grants, of which $10,000,000 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
2019. 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. The Committee expects OJP
to maintain OJJDP's expanded eligibility for local mentoring
programs, particularly in rural areas, unaffiliated with
national mentoring organizations. The Committee also expects
OJP and OJJDP to collaborate with mentoring stakeholders to
expand youth mentoring services in rural areas inordinately
affected by substance abuse, particularly heroin and opioids,
and that are considered at-risk.
Helping Youth Impacted by Opioids.--The recommendation
provides $27,000,000 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,
$16,000,000 is provided for youth mentoring grants, and
$1,000,000 is provided for Training for Judicial Personnel,
which 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 United States 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 $8,000,000 for grants
to help children exposed to violence, through supportive
services for the children and their families, training and
awareness to communities, and technical assistance with
demonstrated expertise increasing awareness about and building
the capacity of families and communities to help children
exposed to violence.
Victims of Child Abuse Act.--The Committee's recommendation
provides $27,000,000 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
the funds intended to support local CACs are used efficiently
with the highest percentage possible of Federal funding
expended for local CAC organizational capacity, which is
essential for the effective support of implementing the
multidisciplinary response to child abuse investigation,
prosecution, and intervention services. 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 $85,000,000 for OJJDP's Missing and Exploited
Children Programs in order to support law enforcement agencies
and other national organizations that report and investigate
missing children cases and also investigate those who exploit
children both with and without an online nexus. 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
2020, which shall include investments in authorized national
programs that serve as a resource center and clearinghouse on
missing and exploited children, task force grants, and
administrative costs for the Internet Crimes Against Children
[ICAC] program.
Within funds provided, the Committee directs that the full
authorized amount of $40,000,000 be provided for the purposes
of the Missing Children's Assistance Act of 2018 (Public Law
115-267), up to $32,200,000 of which shall be used to carry out
section 34 USC 11293(b)
Within the funds provided, $4,400,000 is provided for the
AMBER Alert program, of which no less than $3,400,000 is for
the operation and activities of the existing AMBER Alert
program. The Committee also recognizes the diverse and unique
challenges identified in the report to Congress directed by the
Ashlynne Mike AMBER Alert in Indian Country Act (Public Law
115-166) for the integration of State AMBER Alert
communications plans and tribal systems. Of the funds provided
for AMBER Alert activities, $1,000,000 shall be directed to
addressing State/tribal integration consistent with the
findings of the report, Public Law 115-166, and a long-term
budget and plan by the Department for implementation across all
States with affected tribal communities.
Sadly, but thankfully, the public has become more aware of
child sexual exploitation and abuse online, and has
increasingly reported these instances of abuse. This has led to
more reporting to the CyberTipline, which is operated by the
National Center for Missing Children [NCMEC]. These tips are
filtered and then exported to law enforcement agencies,
including ICAC Task Forces. Due to the sheer volume of tips,
however, there has not been a mechanism to spot duplicative
tips or prevent the flow of false information, in turn creating
more work for law enforcement agencies.
The Committee understands the increased need to analyze
these tips, but believes this problem is not faced by ICACs
alone and is aware of the need for proper deconfliction between
ICAC task forces and Federal law enforcement, including law
enforcement components within the Department. To remedy these
problems in a holistic manner, the Committee directs that no
less than $1,000,000 of the funds provided be used towards
continued development of IT solutions to address both
duplicative tips and law enforcement deconfliction to ensure
that only high-quality information is being provided to law
enforcement agencies, including ICACs. This IT solution should
be developed with input from all partners in the fight against
online child exploitation including NCMEC, ICACs, the FBI and
the USMS.
In 2018, the CyberTipline received 18,462,424 reports,
NCMEC's national toll-free call center received 166,620 calls
and 424,066 cases of missing children reported in 2018 per the
FBI. All partners in the fight against child exploitation have
important and unique roles, but must work together in the
common goal of finding missing children, preventing child
exploitation, and catching and prosecuting those who prey on
children.
ICAC Training.--The Committee recognizes the work of ICAC
task forces to combat the sexual exploitation of children.
Within the ICAC portion of the Missing and Exploited Children
program, the Committee directs the Department to prioritize
expanded training on and use of the ICAC Child Online
Protective Services program across Federal, state, and local
law enforcement agencies, including military investigators.
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 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, 2019.................................... $128,800,000
Budget estimate, 2020................................... 141,800,000
Committee recommendation................................ 141,800,000
The Committee's recommendation provides $141,800,000 for
public safety officers benefits. The recommendation is
$13,000,000 above the fiscal year 2019 enacted level and equal
to the budget estimate. This program provides a one-time death
benefit payment to eligible survivors of Federal, State, and
local public safety officers whose death was the direct and
proximate result of a traumatic injury sustained in the line of
duty or certain eligible heart attacks or strokes. Within funds
provided, $117,000,000 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, 2019.................................... $303,500,000
Budget estimate, 2020...................................................
Committee recommendation................................ 335,000,000
The Committee's recommendation provides $335,000,000 for
community oriented policing services. The recommendation is
$31,500,000 above the fiscal year 2019 enacted level and
$335,000,000 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................................... 245,000
Tribal Resources Grant Program................... 27,000
Tribal Access Program............................ 3,000
Community Policing Development/Training and 6,500
Technical Assistance............................
Regional Information Sharing Activities.......... 38,000
Law Enforcement Mental Health and Wellness Act... 5,000
POLICE Act........................................... 10,000
Anti-Methamphetamine Task Forces..................... 12,000
Anti-Heroin Task Forces.............................. 35,000
STOP School Violence Act............................. 33,000
------------------
TOTAL, Community Oriented Policing Services.... 335,000
------------------------------------------------------------------------
Any deviations from the above plan are subject to the
reprogramming requirements of section 505.
COPS Hiring Program.--The Committee recommends $245,000,000
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 $38,000,000, an increase of $28,000,000 above the
budget request and $1,000,000 above the fiscal year 2019
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 $12,000,000 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 2020 budget request.
Instead, the Committee provides $35,000,000 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.
Law Enforcement Mental Health and Wellness Grants.--The
Committee strongly supports efforts to protect the mental
health and well-being of law enforcement officers.
Unfortunately the stress of officers' work and stigma
associated with seeking assistance for emotional and mental
health issues has led to an increase in suicides for officers
across the country. To address this concern, no less than
$3,000,000 of the funding provided for the Law Enforcement
Mental Health and Wellness Act (Public Law 115-113) shall be
distributed as a competitive grant program for State and local
law enforcement agencies to provide better training on officer
emotional and mental health, implement suicide prevention
programming, and help officers seek assistance in receiving
support services.
Veterans Preference in COPS Hiring Grants.--The Committee
directs the Department to submit a report outlining the number
and cost of veterans hired in accordance with Public Law 115-37
in fiscal years 2018 and 2019 and estimated for fiscal year
2020. Additionally, the Committee directs the Department to
continue to follow the authorization provided by Public Law
115-37 regarding the hiring of law enforcement positions in the
COPS Hiring grant process.
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.
Rural Law Enforcement Training.--The Committee recognizes
the rural nature and great distances between major metropolitan
areas, and understands the complications and stress this can
place on State and local law enforcement in their training. The
Committee is aware that some rural communities have limited
financial and technological resources to train their law
enforcement officers, often extending beyond the availability
of equipment, and that funding constraints can make it
impracticable to send officers to attend quality training as
travel costs alone can take a toll on a small agency's budget.
Many of these police departments have a small number of
officers on duty and simply cannot have an officer out for
training.
The Committee believes distance learning technologies are
part of the solution, but recognizes that not all law
enforcement training lends itself to an online format,
especially scenario-based realistic training. Within the funds
provided for Community Policing Development, the Committee
directs that $1,500,000 be used to establish a partnership with
a central training academy affiliated with a major research
university with statewide training responsibility, including
rural areas, to develop and implement training practices and
training modules that can be used to alleviate the cost and
travel burden on rural law enforcement agencies. These models
should include distance based learning technologies, but should
also consider methods for providing in person training at a
lower cost to rural law enforcement agencies.
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.
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 2 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.
Section 218 requires the Department to submit notifications
to the Committee as required under Section 505 for transfers
from the Debt Collection Management of Three Percent Fund.
TITLE III
SCIENCE
Office of Science and Technology Policy
Appropriations, 2019.................................... $5,544,000
Budget estimate, 2020................................... 5,000,000
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 the fiscal year 2019 enacted
level and $544,000 above 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.--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 and
mission-oriented 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.--The Committee reiterates its
concern for the risks associated with exposure to contaminants
of emerging concern, including per- and polyfluoroalkyl
substances [PFAS]. OSTP submitted the ``Plan for Addressing
Critical Research Gaps Related to Emerging Contaminants in
Drinking Water'' in October 2018, which included a cross-agency
Federal research strategy for addressing critical research gaps
related to detecting, assessing exposure to, and identifying
the adverse health effects of emerging contaminants in drinking
water. Within 90 days of the enactment of this act, OSTP shall
update that report, including identifying any necessary
program, policy, or budgetary resources required, by agency, to
support the implementation of the Federal research strategy for
fiscal years 2019, 2020, and 2021.
Research Integrity.--The Committee directs OSTP to convene
U.S. Government representatives including science funding
agencies, USPTO, the FBI, and other relevant agencies to
provide to the Committee, within 180 days of enactment of this
act, an assessment that offers a clear set of statements
outlining current risks and threats to research integrity from
foreign influence. As part of this assessment, representatives
will examine, develop, and clearly describe the specific
aspects of foreign talent recruitment program contracts and
other intellectual property risks that are of concern. OSTP
shall also incorporate the work of the Joint Committee on the
Research Environment as part of this assessment. The Committee
directs OSTP to use this assessment to understand and define
the scope and scale of these issues and findings, to develop
guidance for government agencies, universities, and the broader
research community on indicators of risks to research integrity
from foreign influence. OSTP shall report on the extent of
these issues and findings across government agencies,
universities, and the broader research community, and provide
suggested risk mitigation actions that can be implemented by
universities and the U.S. Government within their existing
missions.
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 remains 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 are inadequate for the demands of their
interdisciplinary research mission, and awaits submission of
the assessment requested in Senate Report 115-275 and codified
in Public Law 116-6.
American Leadership in Semiconductor Technology.--
Preserving American leadership in semiconductor technology is
important for American innovation, scientific discovery, and
national security, as well as the advancement of critical
technologies. The Committee encourages OSTP, in coordination
with NSF, NIST, and other Federal research agencies and
relevant industries, to assess the utilization of
semiconductor-specific and semiconductor-related fields in both
basic and applied research. The Committee requests a briefing
from OSTP within 180 days after enactment of this act on their
findings.
National Space Council
Appropriations, 2019.................................... $1,965,000
Budget estimate, 2020................................... 1,870,000
Committee recommendation................................ 1,965,000
The Committee provides $1,965,000 for the National Space
Council. The recommendation is equal to the fiscal year 2019
enacted level and $95,000 above 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 U.S.
Government space policy, including long-range goals; develops
strategies for national space activities; and develops
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, 2019.................................... $21,500,000,000
Budget estimate, 2020................................... 22,615,700,000
Committee recommendation................................ 22,750,000,000
The Committee's recommendation provides $22,750,000,000 for
the National Aeronautics and Space Administration. The
recommendation is $1,250,000,000 above the fiscal year 2019
enacted level and $134,300,000 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 enable travel to the Moon 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 expects 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 with 9 of 17
projects in development experiencing cost or schedule growth.
NASA is directed to cooperate fully and to provide timely
program analysis, evaluation data, and relevant information to
GAO so that GAO can report to Congress shortly after the annual
budget submission and semiannually thereafter on the status of
large-scale NASA programs, projects, and activities.
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 is supportive of NASA's STEM engagement
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, 2019.................................... $6,905,700,000
Budget estimate, 2020................................... 6,393,700,000
Committee recommendation................................ 6,905,700,000
The Committee provides $6,905,700,000 for Science, which is
equal to the fiscal year 2019 enacted level and $512,000,000
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.
SCIENCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Earth Science......................................... 1,945,000
Planetary Science..................................... 2,631,100
Astrophysics.......................................... 1,171,600
James Webb Space Telescope............................ 423,000
Heliophysics.......................................... 735,000
-----------------
Total, Science.................................. 6,905,700
------------------------------------------------------------------------
Earth Science.--Within the amount for Earth Science, the
Committee recommendation includes $108,900,000 for Landsat 9 to
maintain a 2021 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;
$10,000,000 for the Carbon Monitoring System; $205,200,000 for
Earth Venture to support missions under development while
maintaining the cadence of future missions; and $1,900,000 for
NASA instruments on the Deep Space Climate Observatory. Within
30 days of enactment of this act, NASA shall report on the 5-
year budget profile needed for PACE and CLARREO Pathfinder to
achieve their planned launch dates and continue originally
planned operations.
The recommendation fully supports, at no less than the
request level, NASA-ISRO Synthetic Aperture Radar, Small
Satellite Constellation Initiative, and Geostationary Carbon
Cycle Observatory [GeoCARB]. GeoCARB is due to launch in the
summer of 2022 and will demonstrate the feasibility of using a
commercial communications satellite to host a scientific NASA
payload and could serve as a model for meeting future Earth
Science research needs in a cost effective manner. 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. The Committee remains supportive of collaborative
research that works to advance our understanding of the
behavior of the Earth engaging academia, particularly students,
in its studies and investigations, as these partnerships ensure
that NASA's data expertise remains up-to-date and increases the
research capacities at universities.
Earth Science Decadal.--The Committee supports the
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 is pleased to see NASA's announcement of the
Earth Venture Continuity competition and 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 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
$160,000,000 for planetary defense of which not less than
$72,400,000 should be for the Double Asteroid Redirect Test
[DART] and not less than $78,000,000 shall be for Near Earth
Object Observations. It also includes full funding for the
Discovery and New Frontiers programs at $502,700,000 and
$190,400,000, respectively. The Committee expects NASA to
continue the selection and launch cadence of New Frontiers and
Discovery class missions in spite of any cost pressures from
planetary flagship missions or the Mars program. In addition,
the Committee expects NASA to submit a report with the 2021
budget request to frame how the request fulfills the Planetary
Community's Decadal Survey.
The recommendation includes the request level for
Radioisotope Power Systems. The recommendation also includes up
to $300,000,000, as requested, for Lunar Discovery and
Exploration, including $22,000,000 to continue the Lunar
Reconnaissance Orbiter and up to $80,000,000 for Commercial
Lunar Payload Services. The Committee supports NASA's
commitment to utilizing public-private partnerships to advance
its lunar science and exploration agenda and encourages the
agency to leverage the resources and expertise of both private
industry and universities in pursuit of these goals. The
Committee directs that the Lunar Discovery and Exploration
program adhere to the lunar science priorities established by
decadal surveys and the National Research Council's Scientific
Context for the Exploration of the Moon. Activities funded
within the program should meet both lunar science and human
exploration needs. The funds provided for lunar exploration are
intended to support a mix of procurement of lunar payload
delivery services; science instrument development; small
satellite development; and long-duration lunar rover
development. Given the origin of the program and the
Committee's desire to foster a healthy domestic industrial base
within the context of a growing market for goods and services
in space, the Committee expects NASA to provide funding under
this program only for lunar landers and rovers majority-
designed, developed, and built in the United States.
Additionally, this level of funding supports a regular cadence
of at least one robotic mission to the lunar surface per year.
DART.--The Committee directs NASA to continue the
development of the DART technology demonstration mission, with
a target launch not later than 2022. The program provides a
cost-effective way to understand how we protect the planet from
asteroid threats. 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 reminds NASA of
its mandate to detect 90 percent of objects greater than 140
meters that threaten Earth by 2020. 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 other agencies, including NASA, have
gained through their use of the GBO facility. The Committee has
therefore encouraged the development and support of multi-
agency management plans for GBO, including the exploration of
partnerships when feasible to maximize research capabilities at
the facility.
Green Bank retains unique capabilities that can augment
missions across NASA that leverage the taxpayer investment in
the Observatory such as Near Earth Object characterization and
support for NASA's fleet of robotic and human missions.
In an effort to foster such partnerships, within 180 days
after enactment of this act, NASA shall, in consultation with
the NSF and the Department of Defense, conduct a comprehensive
cost and technical evaluation of constructing a radio frequency
transmit capability at the Observatory. The evaluation shall
consider options including the development of a state-of-the-
art system and acquiring commercially available capability.
Mars Exploration.--The Committee recommendation includes
$570,000,000 for the Mars Exploration Program to ensure the
launch of the Mars 2020 mission and to further development of a
Mars Sample Return mission to be launched in 2026. Given that
sample return was the highest priority of the previous
planetary science decadal survey, NASA shall provide the
Committee with a year-by-year funding profile for a planned
2026 Mars sample return launch. In addition, the Committee
endorses the mid-term decadal survey recommendation for NASA to
develop a comprehensive Mars program architecture, strategic
plan, and management structure that maximizes synergy among
existing and future domestic and international missions and
science optimization at the architectural level. 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.
Astrophysics.--The Committee recommendation includes no
less than $98,300,000 for the Hubble Space Telescope, no less
than $10,000,000 for search for life technology development to
leverage and scale technologies developed for the James Webb
Space Telescope, and $445,700,000 for the Wide-Field InfraRed
Survey Telescope [WFIRST] to fully fund the project established
at Key Decision Point-B. 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 $445,700,000
for WFIRST to be developed on a timeline that allows a 2025
launch date. The Committee reiterates the expectation that NASA
will use a firm $3,200,000,000 cost cap in its future execution
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. The Committee notes that NASA's
higher cost profile for WFIRST includes a 30 percent reserve
for a telescope that is already built. WFIRST's use of existing
hardware and proven technologies should enable a lower risk
mission and shorter cycle time from development to launch.
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 shall review
SOFIA at the appropriate time to determine if this mission
should have its prime mission extended.
Science Mission Directorate [SMD] Education.--The Committee
provides no less than $45,600,000 for education. The Committee
supports the recommendation that the Astrophysics program
continue to administer this SMD-wide education funding. The
Committee encourages SMD-funded investigators to be directly
involved in outreach and education efforts and support citizen
science. NASA should continue to prioritize funding for on-
going education efforts linked directly to its science
missions.
Astrophysics Research.--The Committee recognizes the role
of the Astrophysics Research program in supporting the
development of novel astrophysics observation technologies that
lay the foundation of future mission architectures.
Additionally, a strong research program maximizes the
scientific value of space-based missions by ensuring that the
data collected through such observations can continue to
provide new insights into the mechanisms behind cosmological
phenomena. The Committee also understands that supporting these
activities through extramural grant funding contributes to the
long-term viability of the U.S. astrophysics community. As
such, the Committee recommends $250,700,000 for Astrophysics
Research.
James Webb Space Telescope.--The Committee maintains its
strong support for the completion of the James Webb Space
Telescope [JWST], and provides $423,000,000 for JWST. In June
2018, NASA presented the results of a second independent
analysis of JWST cost and schedule. Following the
recommendations of NASA and the independent team, Congress
provided $304,600,000 for JWST in fiscal year 2019 and raised
the development cost cap by $802,700,000 to accommodate the
cost overrun and schedule slip. JWST will be nearly 100 times
more powerful than Hubble and cement continued American
leadership in astronomy. That is why the Committee was
befuddled by NASA's fiscal year 2020 request for JWST of
$352,600,000 rather than the $423,000,000 that was anticipated
in the June 2018 updated cost estimate. The Committee has
provided the full amount of $423,000,000 for JWST and has again
included a cost cap for JWST in title V of the bill. The
Committee expects to be briefed expeditiously and kept fully
informed on issues relating to program and risk management,
achievement of cost and schedule goals, and the program's
technical status, including any impacts to other projects to
accommodate JWST costs. Unfortunately, this expectation, while
included in prior acts, has not been met by the agency.
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 $735,000,000 for Heliophysics, including $183,200,000
for Solar Terrestrial Probes, an increase of $5,300,000 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, including the
Magnetospheric Multiscale [MMS] mission. The Committee directs
NASA to provide not less than the fiscal year 2019 level for
operations and scientific analysis for MMS and supports the
request level for Research Range.
Heliophysics Explorer.--The Committee is encouraged by
NASA's commitment to implement a 2-year cadence of alternating
Small Explorer and Mid-sized Explorer 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. This commitment follows the recommendations of
the National Research Council Decadal Survey and can accelerate
scientific understanding while developing the scientific
workforce through increased research opportunities for students
and faculty. The recommendation provides the request level of
$182,000,000 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, and encourages NASA to implement the goal of
increasing the competitive research program to 25 percent of
the Heliophysics budget request to enable the development of
new technologies, establish competitively-awarded DRIVE Science
Centers, support multidisciplinary research collaboration, and
support early career investigators. 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.
Heliophysics Technology Program.--The Committee recognizes
the critical role that technology development programs play in
enabling novel and transformative capabilities and mission
concepts, and notes the contributions of these programs in
other Divisions within SMD. The Committee directs the
administration to formally include such a program as a
standalone account line in future budget proposals to Congress.
Space Weather Science Applications.--In response to the
Space Weather Action Plan and the recommendations of the
Decadal Survey, the Committee recommendation provides no less
than $20,000,000 for space weather science applications to
support innovation in observational capabilities and advance
research-to-operations, operations-to-research, and
computational aspects of space weather mitigation. NASA should
coordinate with NOAA, NSF, 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. In addition, the Committee recognizes the diversity
of activities within Living With a Star [LWS] that contribute
to our understanding of the societal impact of the Sun-Earth
system and encourages the Administrator to ensure that future
budget proposals support missions that are currently operating
and enable the formulation and development of future missions,
including the next LWS mission.
AERONAUTICS
Appropriations, 2019.................................... $725,000,000
Budget estimate, 2020................................... 666,900,000
Committee recommendation................................ 783,900,000
The Committee provides $783,900,000 for Aeronautics, which
is $58,900,000 above the fiscal year 2019 enacted level and
$117,000,000 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.
University Leadership Initiative.--The Committee recognizes
that universities are uniquely suited to contributing
revolutionary advances in aeronautical technologies. This is
especially relevant to areas where multidisciplinary convergent
research is needed to address complex technical challenges in
early stage technology development. The Committee commends NASA
for establishing the University Leadership Initiative to
leverage university-led research in accordance with the
Strategic Implementation Plan.
Electric Air Flight.--NASA is encouraged to strengthen
collaborations with the Department of Energy to overcome energy
storage challenges for novel modes of mobility like electric
air flight.
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 $7,000,000 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 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 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 further expects NASA to work with industry
stakeholders and coordinate with the Federal Aviation
Administration 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. This research remains a
national priority with the potential to increase public safety
and bring economic benefits to a wide range of industries.
Advanced Composite Project.--The Committee understands NASA
has concluded the Advanced Composites Project [ACP] that
enabled public-private partnerships for collaborative research
in aeronautic composites toward the goal of reducing the
development and certification timeline for composite aircraft.
NASA intends to take the results of the ACP to drive research
activities across the Aeronautics portfolio. While NASA
advances their integrated Materials, Structures, and
Manufacturing strategy to follow on the work of the ACP, the
agency should keep in mind the work of the Advanced Composites
Consortium to reduce the development and certification timeline
for composite aircraft. In order to maintain the capabilities
developed through public-private partnerships within the ACP,
no less than the fiscal year 2019 funding level is provided for
maintaining existing capabilities and intellectual property
structures of this vital aeronautics science and technology
research program as an element of our national aeronautics
research strategy. NASA shall submit to the Committee, no later
than 120 days after enactment of this act, a report detailing
the utilization of public-private partnership activities
developed as part of the ACP, the benefits of the program, and
how NASA intends to strategically structure follow-on research
activities across the directorate, while continuing to engage
industry and academia.
Aerosciences Evaluation and Test Capabilities [AETC].--The
Committee recommendation provides for all funding for AETC
activities to be consolidated within the Aeronautics account.
Aeronautics is the single largest user of these facilities and
activities. This consolidation of AETC within a single account
is intended to provide sufficient funds for operations and
maintenance so that the capabilities are available for use
across NASA without the need to transfer funds among disparate
mission accounts.
SPACE TECHNOLOGY
Appropriations, 2019.................................... $926,900,000
Budget estimate, 2020................................... 1,146,300,000
Committee recommendation................................ 1,076,400,000
The Committee provides $1,076,400,000 for Space Technology,
which is $149,500,000 above the fiscal year 2019 enacted level
and $69,900,000 below the budget request. The Space Technology
mission directorate 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
2021. 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 2021
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. The Committee encourages NASA to make Restore-L's
capabilities available to other government agencies that own
and operate satellites.
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 $100,000,000 is for the
development of nuclear thermal propulsion, of which not less
than $70,000,000 shall be for the design of a flight
demonstration by 2024 for which a multi-year plan is required.
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.
Flight Opportunities Program.--The funding provided for
this program may be used to support undergraduate and graduate
work in developing flight opportunities payloads. NASA should
ensure that funds are available for flight opportunities of
science, technology demonstration, and educational payloads
developed across all NASA Mission Directorates, as well as
external flight opportunities, as authorized under section 907
of the NASA Authorization Act of 2010 (Public Law 111-267),
including competitively-selected opportunities in support of
payload development and flight of K-12 and collegiate
educational payloads.
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 and includes the requested
level for SBIR. 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, 2019.................................... $5,050,800,000
Budget estimate, 2020................................... 6,396,400,000
Committee recommendation................................ 6,222,600,000
The Committee provides $6,222,600,000 for Exploration,
which is $1,171,800,000 above the fiscal year 2019 enacted
level and $173,800,000 below the budget request using the
fiscal year 2019 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.
EXPLORATION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Orion................................................. 1,406,700
Space Launch System................................... 2,585,900
Exploration Ground Systems............................ 590,000
Exploration Research and Development.................. 1,640,000
Advanced Exploration Systems...................... 255,600
Gateway........................................... 500,300
Advanced Cislunar and Surface Capabilities........ 744,100
Human Research Program............................ 140,000
-----------------
Total Exploration............................. 6,222,600
------------------------------------------------------------------------
NASA has embarked on an ambitious goal to return U.S.
astronauts to the surface of the Moon by 2024, known as the
``Artemis'' mission. This is a significant acceleration of the
program compared to the original fiscal year 2020 budget
request that envisioned the same mission to be accomplished by
2028. The Committee has used the amended request as a guide in
formulating its recommendations but also recognizes that
several aspects of the accelerated mission are in the early
stages of planning and development, and the estimated costs of
elements through completion of the near term goal were not
available to the Committee. While there is support for the
mission, it is difficult to weigh the impacts of the
accelerated mission on the overall budget of NASA with only a
single year budget proposal. NASA must provide 5-year budget
profiles, similar to all other NASA missions and programs, in
order to allow a thorough evaluation by the Committee. In the
interim, the Committee has provided funds to allow for NASA to
advance its human exploration program and awaits further
definition of the program and its estimated associated costs.
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: $2,585,900,000 for SLS of which
$300,000,000 is provided for concurrent Exploration Upper Stage
[EUS] development and procurement; $1,406,700,000 for Orion;
and $590,000,000 for Exploration Ground Systems. 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.
NASA's Exploration Systems Development is made up of
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.
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 2020. Flight
hardware that will be used for the initial uncrewed and crewed
test launches, as well as the flights that will return
astronauts to the lunar surface are included within the funding
provided, as is funding for procurement of EUS hardware for its
initial flight and future missions.
The Committee directs NASA to follow its ``Priority of
Use'' clause for ensuring that its missions are prioritized and
that mission related activities and schedules of NASA missions
are not impacted by outside activities at its centers. In
particular, NASA shall ensure that any non-Federal activities
do not interfere with the progress of, and schedule for, the
Artemis missions and will report to the Committee any
conflicting activities and how the conflict was resolved 15
days prior to any activity taking place.
Exploration Research and Development [ERD].--The Committee
provides $1,640,000,000 for ERD of which $500,300,000 is for
Gateway, $140,000,000 is for the Human Research Program,
$255,600,000 is for Advanced Exploration Systems, and
$744,100,000 is for Advanced Cislunar and Surface Capabilities.
NASA must focus its efforts towards systems enabling a crewed
landing on the Moon. This requires quickly identifying
requirements and selecting teams that can meet a timeline that
will make a safe landing as early as 2024 possible.
Lunar Lander Development.--As NASA embarks on a return to
the Moon as part of its larger human exploration strategy, the
need for the development of a lander that is tested and ready
for crewed missions is of critical importance. In order to
support the immediate need for developing a lunar lander
capability by 2024, $44,100,000 is provided for the lunar
lander office to lead the support of NASA's accelerated
exploration timeline. In order to expedite development of lunar
landers, NASA is encouraged to engage in public-private
partnerships for lunar lander development and demonstration
with at least one U.S. commercial company this year to meet the
goal of safely delivering crew to the lunar surface. NASA shall
ensure that as part of the lander procurement, an appropriate
testing regimen can be executed prior to its crewed use and any
selected lander designs can utilize any U.S. launch vehicle,
commercial or otherwise, that is available for lunar
exploration missions. This will allow for a robust and flexible
lander architecture that matches schedule to launch vehicle
availability.
Advanced Technologies to Support NASA Air Revitalization
Initiative.--NASA could benefit from the Nation's global
leadership in ionic liquid advanced technologies related to
mission critical tasks such as air revitalization. The
recommendation includes the requested level within AES for
applied industry and university research related to development
and application of ionic liquid based technologies to aid in
air revitalization systems. The Committee encourages NASA to
support institutions with strong capabilities in developing
these advanced technologies and demonstrated capabilities for
translating technology into practice.
SPACE OPERATIONS
Appropriations, 2019.................................... $4,639,100,000
Budget estimate, 2020................................... 4,285,700,000
Committee recommendation................................ 4,150,200,000
The Committee provides $4,150,000,000 for Space Operations,
which is $488,900,000 below the fiscal year 2019 enacted level
and $135,500,000 below the budget request. The Space Operations
account funds the International Space Station [ISS] and the
supporting functions required to conduct operations in space.
The ISS is a complex of research laboratories in low-Earth
orbit in which American, Russian, and international partner
astronauts conduct unique scientific and technological
investigations in a microgravity environment.
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.''
Commercial Crew and Cargo.--The Committee recommends up to
the requested level of funding for Commercial Crew and Cargo,
including the Commercial Crew program. The Commercial Crew
program is scheduled to launch U.S. astronauts on U.S. vehicles
to the ISS during fiscal year 2020.
Commercial Low-Earth Orbit Development [LEO].--The
Committee supports maintaining the 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. However, the Committee notes that in
NASA's March 27, 2019, report to the Committee providing a
multi-year plan for lunar activities, NASA highlights: ``a
long-term LEO marketplace with primarily non-NASA commercial
revenue is not viable without a significant transition period
during which the U.S. Government continues to make investments
in the market and purchases services from it.'' The report goes
on to say that the transition will last for years, during which
NASA will be expected to be the anchor tenant of any so-called
commercial venture. Other NASA studies have found that the most
promising market for LEO is space tourism. At this time, NASA
is undertaking an independent review of its legacy
commercialization activity, the ISS National Lab, formerly
known as the Center for the Advancement of Science in Space to
evaluate its commercial strengths and weaknesses. The
recommendation provides $15,000,000 for Commercial LEO
activities to allow for continued opportunities for LEO
commercialization that are not primarily dependent on NASA
funding. NASA is encouraged to consider how regional
partnerships between academia and the private sector can be
mobilized and organized to better foster the growth of a
commercial user base for space services and microgravity
operations.
Rocket Propulsion Test Program and Testing
Infrastructure.--The Committee recommends the fiscal year 2020
requested amount for the NASA Rocket Propulsion Test program to
ensure test infrastructure remains adequate to support the SLS
and other propulsion development programs. The Committee notes
that NASA is planning to utilize its existing test facilities
for the SLS green run test and that NASA anticipates doing so
for Exploration Upper Stage testing in the future. 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 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 $21,500,000, 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 2019, as well
as its future plans to maximize utilization of this program
that will lower small launch costs and increase access to
space.
Space Communications.--The recommendation supports the
completion of the Space Network Ground Segment Sustainment
project. The Committee recognizes and appreciates the
complexities involved in sustaining NASA's Near Earth, Space,
and Deep Space communications networks and infrastructure,
which support NASA's scientific and exploration activities. The
Committee directs NASA to develop a plan, budget, and timeline
for sustainment of NASA's existing communications network and
infrastructure. No funding is provided for the proposed new
Communications Services Program.
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 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 previously included in CoF in both the fiscal year
2019 enacted bill and in this act.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
Appropriations, 2019.................................... $110,000,000
Budget estimate, 2020...................................................
Committee recommendation................................ 112,000,000
The Committee does not agree with the proposed cancellation
of the activities within the Science, Technology, Engineering,
and Mathematics Engagement account. The Committee provides
$112,000,000 for STEM Engagement, which is $2,000,000 above the
fiscal year 2019 enacted level and $112,000,000 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 5 percent. This
account funds STEM education activities to educate and inspire
our next generation of explorers and innovators.
STEM ENGAGEMENT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
NASA Space Grant...................................... 47,000
Established Program to Stimulate Competitive Research 22,000
[EPSCOR].............................................
Minority University Research and Education Project.... 33,000
STEM Education and Accountability Projects............ 10,000
-----------------
TOTAL........................................... 112,000
------------------------------------------------------------------------
Space Grant.--The Committee provides $47,000,000 for Space
Grant and directs that all 52 participating jurisdictions be
supported at no less than $760,000. NASA shall limit
administrative costs to the fiscal year 2019 level and shall
continue to have a goal of reducing administrative costs to no
higher than 5 percent. The Committee encourages NASA to use
increased funding to evaluate program performance, augment base
grants, and competitively respond to local, regional, and
national needs.
Competitive Program.--The Committee provides $5,000,000 for
the Competitive Program for Science, Museums, Planetariums, and
NASA Visitors Centers within the STEM Education and
Accountability Projects. This competitive grant program
supports interactive exhibits, professional development
activities, and community-based programs to engage students,
teachers, and the public in STEM. The Committee is concerned
that the program is now focused on coalition building rather
than developing cutting-edge educational products for wide
distribution, and that this change occurred without community
input. The Committee encourages NASA to follow the program's
authorized purpose.
SAFETY, SECURITY, AND MISSION SERVICES
Appropriations, 2019.................................... $2,755,000,000
Budget estimate, 2020................................... 3,084,600,000
Committee recommendation................................ 2,934,800,000
The Committee provides $2,934,800,000 for Safety, Security,
and Mission Services, which is $179,800,000 above the fiscal
year 2019 enacted level and $149,800,000 below the budget
request. The Safety, Security, and Mission Services account
funds agency management, including headquarters and each of the
nine NASA field centers, as well as the design and execution of
non-programmatic Construction of Facilities and Environmental
Compliance and Restoration activities.
Independent Verification and Validation [IV&V] Program.--
Within the amounts provided for cross-agency support, the
Committee recommends $39,100,000 for NASA's IV&V Program. If
necessary, NASA shall fund additional IV&V activities from
within the mission directorates that make use of IV&V services.
Moon to Mars Office.--As NASA moves forward with its plans
to emphasize lunar research and human exploration of the Moon,
it is important for NASA to have a clear, agency-wide vision to
align efforts toward the implementation of an integrated Moon
to Mars campaign. The Committee encourages NASA to consider a
structure similar to other offices, such as the Office of the
Chief Technologist and the Office of Chief Scientist as a model
that could be followed. Such an office with a focus on lunar
exploration would allow for agency-wide coordination of
resources and activities across multiple directorates, while
not disrupting NASA's current organization with major
structural reorganizations. The Committee believes that
sufficient funding is available if NASA chooses to pursue the
organization of such an office pursuant to section 505 of this
act.
Information Technology.--The Committee is extremely
concerned with reports from the Inspector General [IG] and GAO
on the state of NASA's Information Technology security. NASA
needs to have outward facing systems that provide information
and scientific data to users. These systems 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
of this act.
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 information security
practices.
Annual Financial Audit.--Over the past 8 fiscal years, NASA
has received clean financial audit opinions. The Committee
expects that NASA will take every action necessary to achieve
clean financial audits this year and in the future. In order to
maintain a stable financial base for executing NASA's mission,
no funds are provided to implement, alter, or configure changes
to its financial system to accommodate Category B
apportionments for amounts below NASA appropriation account
levels.
Buy American Provisions.--NASA is reminded of language
included in the NOAA section of this report regarding Buy
American provisions which apply to NOAA, NASA, and NSF related
to the acquisition, construction, or conversion of a marine
vessel or marine vessel components.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2019.................................... $348,200,000
Budget estimate, 2020................................... 600,400,000
Committee recommendation................................ 524,400,000
The Committee provides $524,400,000 for Construction and
Environmental Compliance and Restoration, which is $176,200,000
above the fiscal year 2019 enacted level and $76,000,000 below
the budget request. The Construction and Environmental
Compliance and Restoration account provides for design and
execution of programmatic, discrete and minor revitalization,
construction of facilities projects, facility demolition
projects, and environmental compliance and restoration
activities.
PFAS.--The Committee is aware that NASA, in collaboration
with local, State, and Federal agencies, has conducted testing
of the groundwater monitoring wells and drinking water wells
near Wallops Flight Facility for the presence of PFAS. The
Committee supports this action and urges NASA to act
expeditiously to understand the extent of PFAS in and around
the Wallops facility and to determine the need for action. The
Committee also acknowledges NASA's role in the development of
PFAS guidelines and standards promulgated by the
Administration, and urges NASA to take steps to improve
transparency of the underlying data recommendations used in the
formation of this guidance.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2019.................................... $39,300,000
Budget estimate, 2020................................... 41,700,000
Committee recommendation................................ 40,000,000
The Committee's recommendation provides $40,000,000 for the
Office of Inspector General, which is $700,000 above the fiscal
year 2019 enacted level and $1,700,000 below 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. NASA is reminded that
under the authority provided in section 20144 of title 52,
United States Code, no prize may be announced until the funds
needed to pay it have been appropriated or committed to in
writing by a private source. NASA is directed to provide any
written notification under subsection (h)(4) of that section to
the Committees on Appropriations of the Senate and the House of
Representatives.
The Committee also includes bill language regarding
transfers of funds between accounts and the NASA spending plan
for fiscal year 2020.
National Science Foundation
Appropriations, 2019.................................... $8,075,000,000
Budget estimate, 2020................................... 7,066,000,000
Committee recommendation................................ 8,317,000,000
The Committee's recommendation provides $8,317,000,000 for
the National Science Foundation [NSF]. The recommendation is
$242,000,000 above the fiscal year 2019 enacted level and
$1,251,000,000 above the budget request.
NSF 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. NSF also supports
unique domestic and international large-scale research
facilities.
RESEARCH AND RELATED ACTIVITIES
Appropriations, 2019.................................... $6,520,000,000
Budget estimate, 2020................................... 5,662,960,000
Committee recommendation................................ 6,769,670,000
The Committee's recommendation provides $6,769,670,000. The
recommendation is $249,670,000 above the fiscal year 2019
enacted level and $1,106,710,000 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 brings the perspectives of
many scientific disciplines to bear on complex problems
important to the Nation. NSF'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 2020 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
enhance 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 NSF to fully
fund its U.S. scientific research facilities and instruments to
adequately support scientists and students engaged in
sustained, cutting-edge research. The recommendation fully
supports the budget request for the new Facility Operation
Transition pilot and operation of the National Ecological
Observatory Network at no less than the fiscal year 2019 level.
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 United States,
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.
Daniel K. Inouye Solar Telescope.--The Committee supports
the budget request for operations of the Daniel K. Inouye Solar
Telescope [DKI-ST]. This new telescope will be a major enabler
of solar research and the understanding of space weather that
can affect our climate and communications systems. As the
telescope begins operations in fiscal year 2020, the Committee
encourages NSF to support DKI-ST's existing ancillary academic
partnerships that have made the construction of this telescope
successful.
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 requested in fiscal year 2020. 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 2020 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 NSF continues 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 $190,000,000. 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. The
Committee supports NSF's reexamination of eligibility criteria
for EPSCoR and, in order to maintain certainty for EPSCoR
States, the Committee directs NSF to share the findings of its
reexamination with Congress before taking any action to remove
a State from the program.
Online Influence.--The Committee encourages NSF to consider
additional research efforts that could help counter foreign
influence efforts from our adversaries, like Russia, on U.S.
social media platforms designed to influence U.S. perspectives
and undermine confidence in U.S. elections. The Committee is
especially supportive of research involving collaboration
between scientists in disparate scientific fields to help
identify and focus future research investments. To the extent
practicable, NSF should engage other Federal agencies to help
identify areas of research that will provide insight that can
mitigate influence in future elections.
U.S. Neutron Monitor Network.--The United States currently
operates 15 neutron monitoring stations, but this critical
infrastructure has degraded over time. Neutron monitoring has
important implications in many fields, including space weather.
In fact, the National Space Weather Action plan states: ``DOC,
DOD, and NSF, in collaboration with academia, the private
sector, and international partners, will develop options to
sustain or enhance the worldwide ground-based neutron-
monitoring network to include real-time reporting of ground-
level events to operational space-weather-forecasting
centers.'' To meet that goal, within 90 days of enactment of
this act, NSF shall complete a plan to ensure a sufficient
number of neutron detectors are deployed to adequately
characterize the radiation environment and support a real-time
alert and warning system. The plan should be developed in
consultation with operators of the current U.S. network and
include annual funding requirements to sustain and upgrade the
network.
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.
VORTEX-SE.--NSF has been working in conjunction with NOAA
to build up to a full research campaign to study the unique
characteristics of tornadoes in the southeast. 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 upcoming 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 upcoming 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 Planning.--The Committee
commends NSF on its continuing commitment to its high-
performance computing and data analysis capabilities, including
the potential for mid-scale research infrastructure, but is
concerned these investments fall short of scientific and
engineering needs. 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. NSF should invest in
additional high-end computational systems to fully meet science
and engineering needs. 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 including through the Innovation and Partnerships
program.
Innovation Corps.--The Committee provides no less than the
fiscal year 2019 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 Research.--The recommendation maintains current
funding levels for existing marine research facilities and
directs NSF to accept new proposals from the academic research
community for research supported by these facilities. The
Committee further directs NSF to develop a plan, in
coordination with the academic research community, to ensure
the science community's continued access to capabilities
comparable to those currently provided by existing NSF marine
research facilities.
Earth Systems Science.--NSF is encouraged to look at
existing resources, including Federally Funded Research and
Development Centers and major facility programs, and determine
how these core resources can act as natural integrators for an
Earth Systems science approach within NSF and to develop
regional approaches using this method to demonstrate its
effectiveness.
Coastlines and People.--The Committee encourages NSF to
continue research that advances understanding of the impacts of
coastal environmental viability and natural hazards on
populated coastal regions and is encouraged by emerging efforts
such as Coastlines and People.
Quantum Science.--The Committee recommends at least
$106,000,000 for quantum information science research, as
authorized in the National Quantum Initiative Act, to support
basic interdisciplinary quantum information science and
engineering research and human resources development in all
aspects of quantum information science and engineering. The
Committee recommendations also includes $50,000,000 for up to
five Multidisciplinary Research Centers for Quantum Research
and Education to conduct basic research and education
activities in support of the goals and priorities of the
National Quantum Initiative Act. The Committee recommends these
Centers be established at institutions with recognized
leadership in the Quantum Information Science field and its
applications. The Committee also encourages NSF to establish
these Centers in locations where close collaboration with
industry is possible and encourages NSF to consider Centers
that focus on trapped ion quantum computing and/or the optics
underlying it, superconducting quantum computing, and other
promising technologies.
Artificial Intelligence [AI].--The Committee recognizes the
importance of research in the fundamentals of AI. NSF's ongoing
research on understanding and pushing the boundaries related to
AI crosses multiple scientific disciplines and is fundamentally
at the core of NSF's Harnessing the Data Revolution and the
Future of Work at the Human-Technology Frontier Big Ideas. To
continue the progress in this emerging field, the Committee
fully funds AI activities across NSF at the request level.
Mid-Scale Research Infrastructure.--The recommendation
fully funds the mid-scale research instrumentation program and
encourages the Foundation to make no fewer than one mid-scale
award in an EPSCoR State.
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, 2019.................................... $295,740,000
Budget estimate, 2020................................... 223,230,000
Committee recommendation................................ 253,230,000
The Committee's recommendation provides $253,230,000 for
Major Research Equipment and Facilities Construction [MREFC].
The recommendation is $42,510,000 below the fiscal year 2019
enacted level and $30,000,000 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 Large
Synoptic Survey Telescope and the Antarctic Infrastructure
Modernization for Science, as well as the requested amount to
initiate the High Luminosity-Large Hadron Collider Upgrade. The
Committee notes that fiscal year 2019 was the final year of
appropriations for construction of the three Regional Class
Research Vessels and the Daniel K. Inouye Solar Telescope.
Operations funding for these projects is included within
Research and Related Activities in fiscal year 2020 and future
years.
The recommendation provides $75,000,000 for Mid-scale
research infrastructure. This amount is $30,000,000 above the
requested level. The Committee commends NSF for its planned
investments in mid-scale research infrastructure, including the
provision of larger mid-scale instrumentation under the MREFC
account after the Committee repeatedly directed the Foundation
to determine how best to support projects of this scale. Using
MREFC for larger Mid-scale projects will allow these projects
to benefit from the oversight that all MREFC projects undergo.
NSF is encouraged to award at least one project led by an
institution in an EPSCoR State.
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.
Buy American Provisions.--NSF is reminded of language
included in the NOAA section of this report regarding Buy
American provisions which apply to NOAA, NASA, and NSF related
to the acquisition, construction, or conversion of a marine
vessel or marine vessel components.
EDUCATION AND HUMAN RESOURCES
Appropriations, 2019.................................... $910,000,000
Budget estimate, 2020................................... 823,470,000
Committee recommendation................................ 937,000,000
The Committee's recommendation provides $937,000,000 for
this account. The recommendation is $27,000,000 above the
fiscal year 2019 enacted level and $113,530,000 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
$75,000,000 for Advanced Technological Education.
Fellowships and Scholarships.--The Committee does not adopt
the proposed funding reductions for the Improving Undergraduate
STEM Education, Robert Noyce Scholarship Program, or the
Graduate Research Fellowship and instead provides the fiscal
year 2019 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. 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, $46,000,000 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, $40,000,000
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 systemic barriers to
women's STEM careers. To maintain these efforts, the Committee
provides $18,000,000, the same as the fiscal year 2019 funding
level.
AGENCY OPERATIONS AND AWARD MANAGEMENT
Appropriations, 2019.................................... $329,540,000
Budget estimate, 2020................................... 336,890,000
Committee recommendation................................ 336,900,000
The Committee's recommendation provides $336,900,000 for
Agency Operations and Award Management. The recommendation is
$7,360,000 above the fiscal year 2019 enacted level and $10,000
above 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 $500,000,000 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, 2019.................................... $4,370,000
Budget estimate, 2020................................... 4,100,000
Committee recommendation................................ 4,500,000
The Committee's recommendation provides $4,500,000 for the
Office of the National Science Board. The recommendation is
$130,000 above the fiscal year 2019 enacted level and $400,000
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.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2019.................................... $15,350,000
Budget estimate, 2020................................... 15,350,000
Committee recommendation................................ 15,700,000
The Committee's recommendation provides $15,700,000 for the
Office of Inspector General. The recommendation is $350,000
above the fiscal year 2019 enacted level and $350,000 above 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 two administrative provisions. One allows
limited transfers of funds among accounts.
The other requires notification for disposal of certain
assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
Appropriations, 2019.................................... $10,065,000
Budget estimate, 2020................................... 9,200,000
Committee recommendation................................ 10,200,000
The Committee's recommendation provides $10,200,000 for the
salaries and expenses of the Commission on Civil Rights,
$135,000 above the fiscal year 2019 enacted level and
$1,000,000 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, 2019.................................... $379,500,000
Budget estimate, 2020................................... 355,800,000
Committee recommendation................................ 384,500,000
The Committee's recommendation provides $384,500,000 for
Equal Employment Opportunity Commission [EEOC] salaries and
expenses. This recommendation is $5,000,000 above the fiscal
year 2019 enacted level and $28,700,000 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 2018, the EEOC had a private sector
inventory of 56,626 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 $30,500,000 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, 2019.................................... $95,000,000
Budget estimate, 2020................................... 101,000,000
Committee recommendation................................ 99,400,000
The Committee's recommendation provides $99,400,000. The
recommendation is $4,400,000 above the fiscal year 2019 enacted
level and is $8,300,000 above the budget request. The ITC's
direct request to Congress was $101,000,000, which is
$1,600,000 higher than the amount provided.
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, 2019.................................... $415,000,000
Budget estimate, 2020................................... 18,200,000
Committee recommendation................................ 425,500,000
The Committee's recommendation rejects the proposal to
terminate the payment to LSC and provides $425,500,000 for
payment to LSC. The recommendation is $10,500,000 above the
fiscal year 2019 enacted level and $407,300,000 above the
President's budget request.
The Committee's recommendation provides $388,200,000 for
basic field programs, to be used for competitively awarded
grants and contracts; $22,000,000 for management and
administration; $4,000,000 for client self-help and information
technology; $5,300,000 for OIG; $1,500,000 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, 2019.................................... $3,516,000
Budget estimate, 2020................................... 2,449,000
Committee recommendation................................ 3,616,000
The Committee rejects the proposed elimination of the
Marine Mammal Commission and instead provides $3,616,000. The
recommendation is $100,000 above the fiscal year 2019 enacted
level and $1,167,000 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, 2019.................................... $53,000,000
Budget estimate, 2020................................... 59,000,000
Committee recommendation................................ 54,000,000
The Committee's recommendation provides $54,000,000 for the
Office of the United States Trade Representative [USTR]. The
recommendation is $1,000,000 above the fiscal year 2019 enacted
level and $5,000,000 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 2020.
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 that 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 the 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.
Trade Enforcement.--The Committee recognizes that strong
trade enforcement is critical to promoting free, fair, and
reciprocal trade. As the administration continues to pursue new
and modified trade agreements with global partners, the
Committee encourages enhanced prioritization of compliance
monitoring and the prosecution of enforcement actions.
North American Free Trade Agreement [NAFTA].--The Committee
notes that no provision of NAFTA or the North American Free
Trade Agreement Implementation Act (Public Law 103-182)
authorizes the President to withdraw from NAFTA pursuant to
Article 2205 of such Agreement without the prior enactment of
an act of Congress, or a joint resolution directing the
President to issue a withdrawal.
Section 301 Exclusion Process.--The Committee notes that
any further tariffs imposed on goods from China under Section
301 of the Trade Act of 1974 shall be followed by an exclusion
process that allows U.S. businesses to obtain relief from the
tariffs. USTR is directed to initiate this process within 30
days of the imposition of the tariffs, following the same
procedures as those in prior rounds, allowing stakeholders to
request that particular products classified within a tariff
subheading that are subject to new tariffs be excluded from
Section 301 tariffs.
De Minimis Thresholds.--The Committee recognizes the
current disparity in de minimis thresholds have a
disproportionate impact on small businesses, that 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 Committee 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, 2019.................................... $15,000,000
Budget estimate, 2020................................... 10,000,000
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 2019
enacted level and $5,000,000 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
directs USTR, as part of its fiscal year 2020 spending plan, to
provide a breakdown of expenses for the Trade Enforcement Trust
Fund's activities.
State Justice Institute
SALARIES AND EXPENSES
Appropriations, 2019.................................... $5,971,000
Budget estimate, 2020................................... 6,555,000
Committee recommendation................................ 6,300,000
The Committee's recommendation provides $6,300,000 for the
State Justice Institute [SJI]. The recommendation is $329,000
above the fiscal year 2019 enacted level and $255,000 below the
budget request.
SJI was created in 1984 to further the development and
adoption of improved judicial administration in State courts.
Fines, Fees, and Bail Practices.--The Committee notes that
one of SJI's priority areas of investment for fiscal year 2019
was fines, fees, and bail practices. The Committee encourages
SJI to continue investments in this area, including assisting
State courts in taking a leadership role in reviewing fines,
fees, and bail practices to ensure processes are fair and
access to justice is assured; implementing alternative forms of
sanctions; developing processes for indigency review; and
transparency, governance, structural reforms that promote
access to justice, accountability, and oversight; and projects
that implement the principles of Conference of Chief Justices/
Conference of State Court Administrators National Task Force on
Fines, Fees, and Bail Practices.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the following general provisions
for the departments, agencies, offices, and commissions funded
in the accompanying act. Similar provisions were included in
the fiscal year 2019 act.
Section 501 prohibits the use of appropriations for certain
publicity and propaganda purposes.
Section 502 prohibits any appropriations contained in this
bill 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 bill
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 bill 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 bill 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 bill 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
2020 until the enactment of the Intelligence Authorization Act
for Fiscal Year 2020.
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 prohibits the use of funds to purchase first
class or premium airline travel in contravention of current
regulations and improves reporting.
Section 525 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, with certain exemptions.
Section 526 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 527 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 528 requires agencies funded in this bill to report
on undisbursed balances.
Section 529 prohibits the use of funds by NASA, OSTP, or
the National Space Council 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 530 prohibits funds made available by this bill
from being used to deny the importation of certain shotgun
models.
Section 531 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement purposes.
Section 532 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
bill.
Section 533 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 534 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 bill 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 535 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 536 prohibits the use of funds by the Department of
Justice to prevent States from implementing State laws related
to medical marijuana.
Section 537 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation of travel to China.
Section 538 limits formulation and development costs for
the James Webb Space Telescope.
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 2020, either in whole or in part, and therefore fall under
this rule:
APPROPRIATIONS NOT AUTHORIZED BY LAW--FISCAL YEAR 2020
------------------------------------------------------------------------
Last year of
Agency/program authorization
------------------------------------------------------------------------
Department of Commerce:
International Trade Administration:
Export Promotion................................ 1996
Bureau of Industry and Security:
Export Administration........................... 1994
Economic Development Administration:
Salaries and Expenses........................... 2008
Economic Development Assistance Programs:
Public Works and Economic Development....... 2008
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...................... 1993
Integrated Ocean Observatory System 2013
Regional Observatory...................
Coral Reef Conservation................. 2004
Coastal Zone Management................. 1999
Title IX Fund........................... 2019
Marine Protection, Research, 2005
Preservation & Sanctuaries.............
Species Recovery Grants................. 1992
National Marine Fisheries Service:
Marine Mammal Protection................ 1999
NOAA Marine Fisheries Program........... 2000
Interjurisdictional Fisheries........... 2012
Magnuson-Stevens Fishery Conservation 2013
and Management.........................
Oceanic and Atmospheric Research:
National Sea Grant College Program...... 2014
Climate Laboratories and Cooperative 1993
Institutes.............................
Ocean Exploration Research.............. 2015
Ocean Acidification..................... 2012
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
Executive Office for Immigration Review:
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........................... 2009
Federal Prison Detention........................ 2009
Construction.................................... 2009
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........................... 2009
Construction.................................... 2009
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........................... 2009
Buildings and Facilities........................ 2009
Office on Violence Against Women Programs:
STOP Grants..................................... 2018
National Institute of Justice Research and n/a
Evaluation on Violence Against Women...........
Transitional Housing............................ 2018
Tribal Special Domestic Violence................ 2018
Consolidated Youth Oriented Program............. n/a
Homicide Reduction Initiative............... n/a
Grants to Encourage Arrest...................... 2018
Rape Survivor Child Custody Act................. 2018
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
Smart Probation................................. n/a
Children of Incarcerated Parents Demo Grants.... n/a
Pay for Success (Discretionary)................. n/a
Pay for Success (Permanent Supportive Housing n/a
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....................................
Court Appointed Special Advocate................ 2019
Juvenile Justice Programs:
Emergency Planning in Juvenile Justice n/a
Facilities.....................................
COPS Programs:
COPS Hiring Program............................. 2009
Regional Information Sharing Activities......... 2003
National Aeronautics and Space Administration:
Science............................................. 2017
Aeronautics......................................... 2017
Exploration......................................... 2017
Space Operations.................................... 2017
Education........................................... 2017
Safety, Security and Mission Services............... 2017
Construction and Environmental Compliance and 2017
Restoration........................................
Office of the Inspector General..................... 2017
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 September 26,
2019, the Committee ordered favorably reported a bill (S. 2584)
making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year
ending September 30, 2020, 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 31-0, a quorum being present.
The vote was as follows:
Yeas Nays
Chairman Shelby
Mr. McConnell
Mr. Alexander
Ms. Collins
Ms. Murkowski
Mr. Graham
Mr. Blunt
Mr. Moran
Mr. Hoeven
Mr. Boozman
Mrs. Capito
Mr. Kennedy
Mrs. Hyde-Smith
Mr. Daines
Mr. Rubio
Mr. Lankford
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 2020: Subcommittee on Commerce, Justice,
Science, and Related Agencies:
Mandatory........................................... 336 336 329 \1\329
Discretionary....................................... 70,833 73,333 74,452 \1\76,252
Security........................................ 5,695 5,695 NA NA
Nonsecurity..................................... 65,138 67,638 NA NA
Projection of outlays associated with the
recommendation:
2020................................................ ............ ............ ............ \2\49,682
2021................................................ ............ ............ ............ 17,550
2022................................................ ............ ............ ............ 5,665
2023................................................ ............ ............ ............ 2,692
2024 and future years............................... ............ ............ ............ 3,323
Financial assistance to State and local governments for NA -2,773 NA \2\59
2020...................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
NOTE.--Consistent with the funding recommended in the bill for the 2020 Census and in accordance with
subparagraph (G) of section 251(b)(2) of the BBEDCA of 1985, the Committee anticipates that the Budget
Committee will provide a revised 302(a) allocation for the Committee on Appropriations reflecting an upward
adjustment of $2,500,000,000 in budget authority plus associated outlays.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2019 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2020
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2019 Budget estimate Committee -----------------------------------
appropriation recommendation 2019
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE I--DEPARTMENT OF COMMERCE
International Trade Administration
Operations and administration................................. 495,000 471,096 521,250 +26,250 +50,154
Offsetting fee collections.................................... -11,000 -11,000 -11,000 ................ ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................... 484,000 460,096 510,250 +26,250 +50,154
Bureau of Industry and Security
Operations and administration................................. 79,050 87,652 87,652 +8,602 ................
Defense function.......................................... 39,000 40,000 40,000 +1,000 ................
-----------------------------------------------------------------------------------------
Total, Bureau of Industry and Security.................. 118,050 127,652 127,652 +9,602 ................
=========================================================================================
Economic Development Administration
Economic Development Assistance Programs...................... 265,000 ................ 279,500 +14,500 +279,500
Salaries and expenses......................................... 39,000 29,950 40,000 +1,000 +10,050
-----------------------------------------------------------------------------------------
Total, Economic Development Administration.............. 304,000 29,950 319,500 +15,500 +289,550
=========================================================================================
Minority Business Development Agency
Minority Business Development................................. 40,000 10,000 40,000 ................ +30,000
Economic and Statistical Analysis
Salaries and expenses......................................... 101,000 107,990 107,000 +6,000 -990
Bureau of the Census
Current Surveys and Programs.................................. 270,000 264,005 274,000 +4,000 +9,995
Periodic censuses and programs................................ 3,551,388 5,885,400 4,784,319 +1,232,931 -1,101,081
2020 Census (H. Res. 293; HR 2021; Public Law 116-37)......... ................ ................ 2,500,000 +2,500,000 +2,500,000
-----------------------------------------------------------------------------------------
Subtotal................................................ 3,551,388 5,885,400 7,284,319 +3,732,931 +1,398,919
-----------------------------------------------------------------------------------------
Total, Bureau of the Census............................. 3,821,388 6,149,405 7,558,319 +3,736,931 +1,408,914
=========================================================================================
National Telecommunications and Information Administration
Salaries and expenses......................................... 39,500 42,441 42,441 +2,941 ................
United States Patent and Trademark Office
Salaries and expenses, current year fee funding............... 3,370,000 3,450,681 3,450,681 +80,681 ................
Offsetting fee collections.................................... -3,370,000 -3,450,681 -3,450,681 -80,681 ................
-----------------------------------------------------------------------------------------
Total, United States Patent and Trademark Office........ ................ ................ ................ ................ ................
=========================================================================================
National Institute of Standards and Technology
Scientific and Technical Research and Services................ 724,500 611,719 753,500 +29,000 +141,781
Industrial Technology Services................................ 155,000 15,172 161,500 +6,500 +146,328
Manufacturing extension partnerships...................... (140,000) ................ (145,500) (+5,500) (+145,500)
National Network for Manufacturing Innovation............. (15,000) (15,172) (16,000) (+1,000) (+828)
Construction of research facilities........................... 106,000 40,690 123,000 +17,000 +82,310
(Legislative Proposal).................................... ................ 288,000 ................ ................ -288,000
Working Capital Fund (by transfer)............................ (9,000) (9,000) (9,000) ................ ................
-----------------------------------------------------------------------------------------
Total, National Institute of Standards and Technology... 985,500 955,581 1,038,000 +52,500 +82,419
=========================================================================================
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities.......................... 3,596,997 3,058,383 3,727,466 +130,469 +669,083
(By transfer)............................................. (157,980) (158,407) (174,774) (+16,794) (+16,367)
-----------------------------------------------------------------------------------------
Subtotal................................................ 3,596,997 3,058,383 3,727,466 +130,469 +669,083
Procurement, Acquisition and Construction..................... 1,755,349 1,406,236 1,552,528 -202,821 +146,292
Pacific Coastal Salmon Recovery............................... 65,000 ................ 65,000 ................ +65,000
Fishermen's Contingency Fund.................................. 349 349 349 ................ ................
Fishery Disaster Assistance................................... 15,000 ................ ................ -15,000 ................
Fisheries Finance Program Account............................. -8,000 -8,000 -8,000 ................ ................
-----------------------------------------------------------------------------------------
Total, National Oceanic and Atmospheric Administration.. 5,424,695 4,456,968 5,337,343 -87,352 +880,375
=========================================================================================
Departmental Management
Salaries and expenses......................................... 63,000 79,107 61,000 -2,000 -18,107
Renovation and Modernization.................................. ................ 1,100 1,000 +1,000 -100
Office of Inspector General................................... 32,744 33,043 32,744 ................ -299
Public Safety Trust Fund transfer......................... ................ ................ (2,000) (+2,000) (+2,000)
Business Application System Modernization..................... ................ 22,000 22,000 +22,000 ................
-----------------------------------------------------------------------------------------
Total, Departmental Management.......................... 95,744 135,250 116,744 +21,000 -18,506
=========================================================================================
Total, title I, Department of Commerce.................. 11,413,877 12,475,333 15,197,249 +3,783,372 +2,721,916
(By transfer)....................................... 166,980 167,407 185,774 +18,794 +18,367
=========================================================================================
TITLE II--DEPARTMENT OF JUSTICE
General Administration
Salaries and expenses......................................... 113,000 114,740 114,740 +1,740 ................
Justice Information Sharing Technology........................ 32,000 33,875 33,875 +1,875 ................
-----------------------------------------------------------------------------------------
Total, General Administration........................... 145,000 148,615 148,615 +3,615 ................
=========================================================================================
Executive Office for Immigration Review....................... 563,407 672,966 672,966 +109,559 ................
Transfer from immigration examinations fee account........ -4,000 -4,000 -4,000 ................ ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 559,407 668,966 668,966 +109,559 ................
Office of Inspector General................................... 101,000 101,646 105,000 +4,000 +3,354
United States Parole Commission
Salaries and expenses......................................... 13,000 13,308 13,308 +308 ................
Legal Activities
Salaries and expenses, general legal activities............... 904,000 927,453 924,000 +20,000 -3,453
Vaccine Injury Compensation Trust Fund........................ 10,000 13,000 13,000 +3,000 ................
Salaries and expenses, Antitrust Division..................... 164,977 166,755 166,755 +1,778 ................
Offsetting fee collections--current year.................. -136,000 -141,000 -141,000 -5,000 ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. 28,977 25,755 25,755 -3,222 ................
Salaries and expenses, United States Attorneys................ 2,212,000 2,254,541 2,278,360 +66,360 +23,819
United States Trustee System Fund............................. 226,000 227,229 227,229 +1,229 ................
Offsetting fee collections................................ -360,000 -309,000 -309,000 +51,000 ................
-----------------------------------------------------------------------------------------
Direct appropriation.................................. -134,000 -81,771 -81,771 +52,229 ................
Salaries and expenses, Foreign Claims Settlement Commission... 2,409 2,335 2,335 -74 ................
Fees and expenses of witnesses................................ 270,000 270,000 270,000 ................ ................
Salaries and expenses, Community Relations Service............ 15,500 ................ 16,000 +500 +16,000
Assets Forfeiture Fund........................................ 20,514 20,514 20,514 ................ ................
-----------------------------------------------------------------------------------------
Total, Legal Activities................................. 3,329,400 3,431,827 3,468,193 +138,793 +36,366
=========================================================================================
United States Marshals Service
Salaries and expenses......................................... 1,358,000 1,373,416 1,410,000 +52,000 +36,584
Construction.................................................. 15,000 14,971 17,000 +2,000 +2,029
Federal Prisoner Detention.................................... 1,552,397 1,867,461 1,867,461 +315,064 ................
-----------------------------------------------------------------------------------------
Total, United States Marshals Service................... 2,925,397 3,255,848 3,294,461 +369,064 +38,613
=========================================================================================
National Security Division
Salaries and expenses......................................... 101,369 109,585 110,000 +8,631 +415
Interagency Law Enforcement
Interagency Crime and Drug Enforcement........................ 560,000 550,458 550,458 -9,542 ................
Federal Bureau of Investigation
Salaries and expenses......................................... 3,729,250 3,755,738 3,841,128 +111,878 +85,390
Counterintelligence and national security................. 5,462,887 5,501,689 5,626,774 +163,887 +125,085
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses......................... 9,192,137 9,257,427 9,467,902 +275,765 +210,475
Construction.................................................. 385,000 51,895 485,000 +100,000 +433,105
-----------------------------------------------------------------------------------------
Total, Federal Bureau of Investigation.................. 9,577,137 9,309,322 9,952,902 +375,765 +643,580
=========================================================================================
Drug Enforcement Administration
Salaries and expenses......................................... 2,687,703 2,722,295 2,783,152 +95,449 +60,857
Diversion control fund.................................... -420,703 -443,142 -443,142 -22,439 ................
-----------------------------------------------------------------------------------------
Total, Drug Enforcement Administration.................. 2,267,000 2,279,153 2,340,010 +73,010 +60,857
=========================================================================================
High Intensity Drug Trafficking Areas Program................. ................ 254,000 ................ ................ -254,000
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and expenses......................................... 1,316,678 1,368,440 1,370,000 +53,322 +1,560
Federal Prison System
Salaries and expenses......................................... 7,250,000 7,061,953 7,470,000 +220,000 +408,047
Buildings and facilities...................................... 264,000 99,205 290,000 +26,000 +190,795
Limitation on administrative expenses, Federal Prison 2,700 2,700 2,700 ................ ................
Industries, Incorporated.....................................
-----------------------------------------------------------------------------------------
Total, Federal Prison System............................ 7,516,700 7,163,858 7,762,700 +246,000 +598,842
=========================================================================================
State and Local Law Enforcement Activities
Office on Violence Against Women:
Prevention and prosecution programs....................... ................ ................ ................ ................ ................
(By transfer)......................................... (497,500) ................ (500,000) (+2,500) (+500,000)
Office of Justice Programs:
Research, evaluation and statistics....................... 80,000 94,500 80,000 ................ -14,500
State and local law enforcement assistance................ 1,723,000 1,482,200 1,789,790 +66,790 +307,590
Juvenile justice programs................................. 287,000 238,500 315,000 +28,000 +76,500
Public safety officer benefits:
Death benefits........................................ 104,000 117,000 117,000 +13,000 ................
Disability and education benefits..................... 24,800 24,800 24,800 ................ ................
-----------------------------------------------------------------------------------------
Subtotal............................................ 128,800 141,800 141,800 +13,000 ................
-----------------------------------------------------------------------------------------
Total, Office of Justice Programs................... 2,218,800 1,957,000 2,326,590 +107,790 +369,590
=========================================================================================
Community Oriented Policing Services:
COPS programs............................................. 303,500 ................ 335,000 +31,500 +335,000
-----------------------------------------------------------------------------------------
Total, State and Local Law Enforcement Activities....... 2,522,300 1,957,000 2,661,590 +139,290 +704,590
=========================================================================================
Total, title II, Department of Justice.................. 30,934,388 30,612,026 32,446,203 +1,511,815 +1,834,177
=========================================================================================
TITLE III--SCIENCE
Office of Science and Technology Policy....................... 5,544 5,000 5,544 ................ +544
National Space Council........................................ 1,965 1,870 1,965 ................ +95
National Aeronautics and Space Administration
Science....................................................... 6,905,700 6,393,700 6,905,700 ................ +512,000
Aeronautics................................................... 725,000 666,900 783,900 +58,900 +117,000
Space Technology.............................................. 926,900 ................ 1,076,400 +149,500 +1,076,400
Exploration Technology........................................ ................ 1,146,300 ................ ................ -1,146,300
Exploration................................................... 5,050,800 ................ 6,222,600 +1,171,800 +6,222,600
Deep Space Exploration Systems................................ ................ 6,396,400 ................ ................ -6,396,400
Space Operations.............................................. 4,639,100 ................ 4,150,200 -488,900 +4,150,200
LEO and Spaceflight Operations................................ ................ 4,285,700 ................ ................ -4,285,700
Science, Technology Engineering, and Mathematics Engagement... 110,000 ................ 112,000 +2,000 +112,000
Safety, Security and Mission Services......................... 2,755,000 3,084,600 2,934,800 +179,800 -149,800
Construction and environmental compliance and restoration..... 348,200 600,400 524,400 +176,200 -76,000
Office of Inspector General................................... 39,300 41,700 40,000 +700 -1,700
-----------------------------------------------------------------------------------------
Total, National Aeronautics and Space Administration.... 21,500,000 22,615,700 22,750,000 +1,250,000 +134,300
=========================================================================================
National Science Foundation
Research and related activities............................... 6,449,000 5,591,960 6,698,670 +249,670 +1,106,710
Defense function.......................................... 71,000 71,000 71,000 ................ ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 6,520,000 5,662,960 6,769,670 +249,670 +1,106,710
-----------------------------------------------------------------------------------------
Major Research Equipment and Facilities Construction.......... 295,740 223,230 253,230 -42,510 +30,000
Education and Human Resources................................. 910,000 823,470 937,000 +27,000 +113,530
Agency Operations and Award Management........................ 329,540 336,890 336,900 +7,360 +10
Office of the National Science Board.......................... 4,370 4,100 4,500 +130 +400
Office of Inspector General................................... 15,350 15,350 15,700 +350 +350
-----------------------------------------------------------------------------------------
Total, National Science Foundation...................... 8,075,000 7,066,000 8,317,000 +242,000 +1,251,000
=========================================================================================
Total, title III, Science............................... 29,582,509 29,688,570 31,074,509 +1,492,000 +1,385,939
=========================================================================================
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
Salaries and expenses......................................... 10,065 9,200 10,200 +135 +1,000
Equal Employment Opportunity Commission
Salaries and expenses......................................... 379,500 355,800 384,500 +5,000 +28,700
International Trade Commission
Salaries and expenses......................................... 95,000 91,100 99,400 +4,400 +8,300
Legal Services Corporation
Payment to the Legal Services Corporation..................... 415,000 18,200 425,500 +10,500 +407,300
Marine Mammal Commission
Salaries and expenses......................................... 3,516 2,449 3,616 +100 +1,167
Office of the U.S. Trade Representative
Salaries and expenses......................................... 53,000 59,000 54,000 +1,000 -5,000
Trade Enforcement Trust Fund.................................. 15,000 10,000 15,000 ................ +5,000
State Justice Institute
Salaries and expenses......................................... 5,971 6,555 6,300 +329 -255
-----------------------------------------------------------------------------------------
Total, title IV, Related Agencies....................... 977,052 552,304 998,516 +21,464 +446,212
=========================================================================================
TITLE V--GENERAL PROVISIONS
DOC National Institute of Standards and Technology, Technology -2,000 ................ ................ +2,000 ................
Innovation Program (rescission)..............................
Economic Development Assistance Programs (rescission)......... -10,000 -35,000 -10,000 ................ +25,000
NOAA, Fisheries, Enforcement Asset Forfeiture Fund ................ ................ -5,000 -5,000 -5,000
(rescission).................................................
DOC International Trade Administrations, Operations and ................ -3,000 ................ ................ +3,000
Administrations Program (recission)..........................
DOJ, Working Capital Fund (rescission)........................ -151,000 -100,000 -100,000 +51,000 ................
DOJ, Assets Forfeiture Fund (rescission, permanent)........... -674,000 ................ ................ +674,000 ................
FBI, Salaries and Expenses:
Nondefense (rescission)................................... -50,439 -24,342 -29,200 +21,239 -4,858
Defense (rescission)...................................... -73,887 -35,658 -42,774 +31,113 -7,116
FBI, Construction (rescission)................................ ................ -159,000 ................ ................ +159,000
Federal Prison System, Buildings and Facilities (rescission).. ................ -505,000 ................ ................ +505,000
Violence against women prevention and prosecution programs -10,000 ................ ................ +10,000 ................
(rescission).................................................
Office of Justice programs (rescission)....................... -70,000 -85,000 -70,000 ................ +15,000
COPS (rescission)............................................. -16,500 ................ ................ +16,500 ................
NASA closeouts (rescission)................................... -3,000 ................ ................ +3,000 ................
NASA Science (rescission)..................................... ................ ................ -70,000 -70,000 -70,000
-----------------------------------------------------------------------------------------
Total, title V, General Provisions...................... -1,060,826 -947,000 -326,974 +733,852 +620,026
Appropriations...................................... ................ (-3,000) ................ ................ (+3,000)
Rescissions......................................... (-1,060,826) (-944,000) (-326,974) (+733,852) (+617,026)
(By transfer)........................................... ................ ................ ................ ................ ................
=========================================================================================
OTHER APPROPRIATIONS
ADDITIONAL SUPPLEMENTAL APPROPRIATIONS ACT FOR DISASTER RELIEF
ACT, 2019
Economic Development Administration
Economic Development Assistance Program (emergency)........... 600,000 ................ ................ -600,000 ................
National Ocean and Atmospheric Administration
Operations, Research and Facilities (emergency)............... 120,570 ................ ................ -120,570 ................
Procurement, Acquisition and Construction (emergency)......... 25,000 ................ ................ -25,000 ................
Fishery Disaster Assistance (emergency)....................... 150,000 ................ ................ -150,000 ................
DEPARTMENT OF JUSTICE
U.S. Marshals Service: salaries and expenses (emergency)...... 1,336 ................ ................ -1,336 ................
Federal Prison System: buildings and Facilities (emergency)... 28,400 ................ ................ -28,400 ................
Related Agencies
Payment to the Legal Services Corporation (emegency).......... 15,000 ................ ................ -15,000 ................
-----------------------------------------------------------------------------------------
Total, Additional Supplemental Appropriations for 940,306 ................ ................ -940,306 ................
Disaster Relief Act, 2019..............................
=========================================================================================
EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR HUMANITARIAN
ASSISTANCE AND SECURITY AT THE SOUTHERN BORDER ACT, 2019
Department of Justice: Excutive Office of Immigration Review 65,000 ................ ................ -65,000 ................
(emergency)..................................................
United State Marshal Service: Federal Prisoner Detention 155,000 ................ ................ -155,000 ................
(emergency)..................................................
-----------------------------------------------------------------------------------------
Total, Emergency Supplemental Appropriations for 220,000 ................ ................ -220,000 ................
Humanitarian Assistance and Security at the Southern
Boarder Act, 2019......................................
-----------------------------------------------------------------------------------------
Total, Other Appropriations............................. 1,160,306 ................ ................ -1,160,306 ................
=========================================================================================
Grand total............................................. 73,007,306 72,381,233 79,389,503 +6,382,197 +7,008,270
Appropriations...................................... (72,907,826) (73,325,233) (77,216,477) (+4,308,651) (+3,891,244)
Rescissions......................................... (-1,060,826) (-944,000) (-326,974) (+733,852) (+617,026)
Emergency appropriations............................ (1,160,306) ................ (2,500,000) (+1,339,694) (+2,500,000)
(By transfer)........................................... 664,480 167,407 685,774 +21,294 +518,367
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