[House Report 118-582]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-582
======================================================================
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL,
2025
_______
July 11, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rogers of Kentucky, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 9026]
INDEX TO BILL AND REPORT
Page number
Bill Report
Title I--Department of Commerce............................ 2 9
Title II--Department of Justice............................ 27 43
Title III--Science......................................... 79 92
Office of Science and Technology Policy............ 79 92
National Space Council............................. 79 93
National Aeronautics and Space Administration...... 80 93
National Science Foundation........................ 89 109
Title IV--Related Agencies................................. 94 117
Commission on Civil Rights......................... 94 117
Equal Employment Opportunity Commission............ 94 117
International Trade Commission..................... 96 117
Legal Services Corporation......................... 96 118
Marine Mammal Commission........................... 98 118
Office of the United States Trade Representative... 98 118
State Justice Institute............................ 99 120
Title V--General Provisions................................ 100 120
Title VI--Other Matters.................................... 150 127
House of Representatives Reporting Requirements.... 129
Minority Views..................................... 252
Highlights of the Bill
The Commerce, Justice, Science, and Related Agencies
Subcommittee has jurisdiction over a wide variety of agencies
responsible for enforcing trade laws; promoting U.S. economic
interests; bolstering innovation and manufacturing; forecasting
the weather; managing fisheries; combating drug trafficking,
violent crime, financial fraud, terrorism, espionage, and
cybercrime; exploring space; and advancing science. The
activities of these agencies impact nearly every American and
are integral to the operations of our Government.
The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2025, provides a total of $78,288,000,000
in discretionary budget authority for fiscal year 2025. Within
this amount, non-defense spending totals $71,932,000,000 and
defense spending totals $6,356,000,000. To reduce the size of
the Federal Government and ensure that agencies funded herein
are focused on missions that serve the American people without
wasting and abusing hard-earned tax dollars, this bill
prioritizes funding for critical agencies, including the
National Aeronautics and Space Administration, National Science
Foundation, Bureau of Prisons and Drug Enforcement
Administration, while freezing, reducing, or eliminating
funding for non-essential activities.
FUNDING PRIORITY AGENCIES AT FISCALLY RESPONSIBLE LEVELS
To support investments in Federal priorities such as
national security, law enforcement in our communities, and
administering just detention and correctional systems, the bill
right-sizes agencies and programs by scaling back unsustainable
spending levels to fiscal year 2022 levels, or lower, and
cutting programs that have become agency slush funds and social
justice initiatives. In addition, the bill continues funding,
at fiscally responsible levels, for trade enforcement, economic
development, innovation and manufacturing initiatives, efforts
to protect the security and rights of all Americans,
fundamental scientific research, and space exploration. Many
agencies with important missions are subject to reductions,
because Congress must act immediately to reverse the
unsustainable growth of the Federal Government. Limited funding
increases in the bill are focused on key national interests,
including combating the scourge of fentanyl, safeguarding
national security, and ensuring strong American leadership in
research and technology advancement to counter China's growing
influence.
In addition to countering the unchecked and reckless growth
of the Federal Government, the Committee is determined to
reduce the negative impact of the Federal Government on
Americans' lives. Therefore, the bill increases restrictions on
agency spending to restore accountability, constrain rogue
Federal agencies, and protect the fundamental liberties of the
American people. In doing so, the bill addresses the
weaponization of the Federal Bureau of Investigation (FBI)
against the American people and the overreach by the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) that undermines
the Second Amendment.
Trade Agencies.--The bill scales back funding for the
International Trade Administration to fiscal year 2022 levels
and sustains funding for the Bureau of Industry and Security,
Office of the United States Trade Representative, and
International Trade Commission at fiscal year 2023 levels. Such
funding will maintain priority efforts focused on countering
unfair trade practices and economic coercion by the People's
Republic of China, enhancing U.S. economic engagement in the
Indo-Pacific region, and preventing adversaries from leveraging
U.S. advanced technologies to facilitate their destabilizing
military modernization activities.
Economic Development Assistance.--The bill reduces the size
of the Economic Development Administration (EDA) by
$143,500,000, or 31 percent, below the fiscal year 2024 enacted
level and $198,364,000 below the request in response to growing
calls to reduce or eliminate the EDA. As a result, EDA funding
levels reflect dwindling congressional and public interest in
many legacy EDA programs. The bill provides funding for
programs that assist Coal and Indigenous Communities and the
Regional Technology Hubs program, which aims to spur economic
growth by increasing distressed regions' capacity to
manufacture, commercialize, and deploy critical technologies.
Finally, the bill reduces the Minority Business Development
Agency (MBDA) by $13,250,000, or 19 percent, to $55,000,000,
which is equal to the fiscal year 2022 enacted level.
National Institute of Standards and Technology.--To
responsibly support programs that bolster U.S. innovation and
manufacturing, the bill reduces overall funding for the
National Institute of Standards and Technology (NIST) by
$45,000,000 below the fiscal year 2024 enacted level and
$83,500,000 below the request, but increases funding for
Scientific and Technical Research and Services by $28,000,000
above the request, and sustains the fiscal year 2024 enacted
level funding for Industrial Technology Services (ITS). The
bill includes $175,000,000 for the Manufacturing Extension
Partnership (MEP) and $37,000,000 for Manufacturing USA, both
of which match the fiscal year 2024 enacted level and the
request.
INVESTING IN SCIENCE AND TECHNOLOGY TO MAINTAIN DOMINANCE OVER CHINA
AND ADVANCE AMERICAN LEADERSHIP IN SPACE
Notable exceptions to the Committee's effort to roll back
Federal spending include targeted investments to ensure the
United States remains the international leader in space,
research, and technology development. The bill includes an
increase for the National Aeronautics and Space Administration
(NASA), to support the critical Artemis program and continued
American leadership in space. The bill also includes an
increase for the National Science Foundation (NSF), in
recognition of increased authorization levels and support for
advancements in technology development and safeguarding
American research from Chinese theft.
National Aeronautics and Space Administration.--The bill
increases topline funding for NASA by $303,640,000 above the
fiscal year 2024 enacted level, an amount that is $204,100,000
below the request. To continue advancing U.S. leadership in
space, the bill:
Provides for the continued development of
the Space Launch System, the Orion crew vehicle, and
the Exploration Ground Systems that will soon send the
Artemis II crew beyond Low Earth Orbit;
Continues funding for critical science
missions that advance the understanding of the solar
system;
Supports critical investments in aeronautics
research programs to improve aircraft efficiencies and
innovation; and
Increases funds for Space Operations to
maintain current services at the International Space
Station and Human Space Flight Operations.
National Science Foundation.--Recognizing the importance of
maintaining America's competitive research advantage over
China, the bill increases funding for NSF by $198,640,000 above
the fiscal year 2024 enacted level, which is $924,360,000 below
the request. Although funding is below the authorized level,
the bill:
Supports the development of innovation
across the country through the Established Program to
Stimulate Competitive Research (EPSCoR) and Regional
Innovation Engines program;
Safeguards the American research enterprise
from China's malign influence, by supporting the work
NSF is doing to create a whole-of-government research
strategy and increasing oversight of grant funding; and
Sustains funds to grow the STEM workforce,
while preventing these funds from being used for the
administration's activist equity initiatives.
RESTORING CONSTITUTIONAL PRINCIPLES BY REINING IN THE FEDERAL BUREAU OF
INVESTIGATION AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES
The Committee is committed to appropriately funding and
thoroughly overseeing Federal law enforcement. As such, the
Committee carefully scrutinized the budget submissions of the
Department of Justice's law enforcement components. In response
to concerns that the FBI has been weaponized against
conservatives, the Committee reduces the FBI's topline funding
level by $367,713,000, or 3.5 percent, below the fiscal year
2024 enacted level and $1,028,839,000 below the request. The
bill:
Cuts FBI Salaries and Expenses by
$367,713,000, or 3.5 percent, below the fiscal year
2024 enacted level and $996,944,000 below the request.
Reforms the FBI by prohibiting funds from
being used to--
Pay the salary of any employee
who is found to have retaliated against a
whistleblower or suppressed an employee's First
Amendment rights.
Conduct an interview unless that
interview is recorded.
Classify any communication as
misinformation or censor lawful speech.
Pay the salary of any Federal
employee who fails to comply with a
congressional subpoena.
Ensures the FBI is not rewarded with a new
headquarters building in the National Capital Region by
limiting its use of existing construction balances to
sustainment of the J. Edgar Hoover Building.
Similarly, the bill addresses out-of-control regulatory
overreach by the ATF by:
Significantly cutting ATF Salaries and
Expenses by $188,500,000 below the fiscal year 2024
enacted level and $515,500,000 below the request.
Prohibiting the use of funds to enforce the
ATF's rules on pistol braces and privately made
firearms.
Conditioning ATF funding on meaningful
reductions in National Firearms Act processing times.
Incorporating new restrictions to address
ATF overreach and eliminate wasteful and potentially
unlawful programs and activities at the agency.
Addressing the ATF's harassment of Federal
firearms licensees (FFLs) while ensuring it stays
focused on its mission of serving the industries it
regulates.
COUNTERING CHINA
In February of 2022, the Department of Justice announced it
was ending its China Initiative--a national security program
established by the Trump administration to counter China's
intelligence activities in the United States, including the
theft of emerging technology and research from American
universities. This decision is an example of weakness from a
Justice Department more concerned with being politically
correct than protecting Americans and stands in stark contrast
to the actions of other Federal agencies that have taken steps
in recognition of the extraordinary long-term threat China
poses to the United States.
Since 2018, according to the Department of Justice, upwards
of 80 percent of all economic espionage prosecutions brought by
the Justice Department allege conduct that would benefit the
Chinese state, and there is at least some nexus to China in
around 60 percent of all trade secret theft cases. As the U.S.
engages with China in a geopolitical struggle unseen since the
Cold War, it is vital that our agencies are laser focused on
the threat at hand. This bill takes steps to counter China,
including by challenging China's space ambitions by providing
the resources necessary to return American astronauts to the
Moon. NASA's Artemis program will keep the United States on the
leading edge of technological development and prevent China
from gaining an advantage in space exploration and utilization.
The bill also makes significant investments in the American
research enterprise through NSF to counter China's increasing
investments in basic research and technology development, and
support efforts to prevent research and intellectual property
theft.
RESOURCES TO COMBAT FENTANYL
The fentanyl crisis is unlike any other drug problem in
U.S. history. It is plaguing our towns, cities, States, and
country. Practically speaking, fentanyl deaths are more akin to
mass poisonings than drug overdoses. Addressing the fentanyl
crisis and the role of transnational criminal organizations in
drug trafficking is a top priority for both the Committee and
this Congress. Therefore, the Committee provides funding above
the President's inadequate request for the Drug Enforcement
Administration (DEA).
The bill increases funding for the DEA to address fentanyl
trafficking by including $193,924,000 above the fiscal year
2024 enacted level and $73,924,000 above the President's
request.
The bill includes $547,000,000 for Organized Crime and Drug
Enforcement Task Forces, which matches the fiscal year 2024
enacted level to enhance multi-agency efforts to combat
transnational organized crime and reduce the availability of
illicit drugs by identifying, dismantling, and prosecuting drug
trafficking and money laundering operations. For State and
local assistance to address fentanyl, the bill includes
$420,000,000 for Comprehensive Addiction and Recovery Act
grants, of which:
$20,000,000 will be dedicated to local and
regional efforts to prevent substance use and misuse in
support of organizations doing the hard work of
countering opioid use at the local level; and
$35,000,000 is for the Prescription Drug
Monitoring Program (PDMP), an amount equal to the
fiscal year 2024 enacted level.
SUPPORTING THE BUREAU OF PRISONS AND THE UNITED STATES MARSHALS SERVICE
To support incarceration and the correctional workers
responsible for the Nation's inmate population, the bill
provides funding for Bureau of Prisons (BOP) Salaries and
Expenses by matching the fiscal year 2024 enacted level, an
amount that is $164,751,000 below the request, and increases
BOP Construction by $93,238,000 above the fiscal year 2024
enacted level. It also rejects the President's request to
rescind funding for a new Federal Correctional Institute in
Letcher, Kentucky.
The bill increases funding for the United States Marshals
Service (USMS) by $48,700,000 above the fiscal year 2024
enacted level, an amount that is $168,627,000 below the
request.
ENSURING LIMITED STATE AND LOCAL LAW ENFORCEMENT FUNDING IS USED AS
INTENDED RATHER THAN DIVERTED FOR THE DEPARTMENT OF JUSTICE'S ACTIVIST
PRIORITIES
To reduce unsustainable and reckless spending on
progressive Department of Justice grant programs and reverse
the effects of the Department's social justice agenda that is
undercutting the Nation's police, the bill sharply reduces or
prohibits funding for numerous grant programs. The bill makes
targeted investments in programs that support State and local
law enforcement efforts including the Edward Byrne Memorial
Justice Assistance Grant program and the Community Oriented
Policing Services (COPS) Hiring program.
ADDRESSING A DYSFUNCTIONAL IMMIGRATION COURT SYSTEM
In recent years, this administration assured the Committee
that funding hundreds of new immigration judges would have a
dramatic impact on the immigration case backlog. Instead, the
opposite has happened. The Immigration Court case backlog has
now surpassed 3,000,000 cases, a more than 55 percent increase
from late 2023. It is an undeniable fact that years of
continued investments in additional judges have abjectly failed
to make any discernable impact on the immigration case backlog.
Our Nation's failing immigration court system is a direct
result of the administration's failure to control the border,
not a lack of immigration judges. Since President Biden took
office in 2021, border officials have encountered more than
7,000,000 illegal aliens along the southwest border, and the
Biden administration has released into American communities
over 2,000,000 illegal aliens.
The lesson is clear: No amount of funding for new
immigration judges can outpace the effects of an open border.
Similarly, an immigration court system with no appreciable
case completion goals does not adequately incentivize judges to
quickly process cases and effectively rewards aliens who have
no lawful right to remain in the United States with years of
continued illegal presence. Thus, the bill directs the
Executive Office for Immigration Review (EOIR) to reinstate
case completion performance metrics to enable an objective,
quantifiable measurement of each immigration judge's
performance.
Finally, the bill also rejects the administration's request
to cut off reimbursements to law enforcement for the costs of
incarcerating unauthorized criminal aliens.
Oversight and Budget Review
In furtherance of the Committee's oversight
responsibilities and to protect hard-earned taxpayer dollars,
the Committee has included language that:
Requires reporting on Immigration Judge
performance.
Requires quarterly reporting of unobligated
balances.
Requires agencies procuring sensitive
information technology systems to conduct supply chain
risk assessments.
Requires contractors and grantees receiving
more than $5,000,000 to certify that they are not
delinquent on their Federal taxes.
Prohibits funds from being used to purchase
first class and premium airline travel.
Limits the number of agency staff who can
attend overseas conferences.
Requires agencies to track undisbursed grant
balances.
Requires agencies to submit spending plans
for the Committee's review.
Requires agencies to notify the Committee of
project cost overruns and mitigation plans.
Requires agency computer networks to block
pornography.
Paper Reduction Efforts.--The Committee urges the
Department of Commerce, the Department of Justice, NASA, and
NSF to work with the Office of Management and Budget to reduce
printing and reproduction costs and directs each agency to
report to the Committee, no later than 60 days after the
enactment of this Act, on the steps it has taken to achieve
this goal. The report should specifically identify how much
funding each agency expects to save by implementing these
measures.
Performance Measures.--The Committee directs each of the
agencies funded by this Act to comply with title 31 of the
United States Code, including the development of their
organizational priority goals and outcomes such as performance
outcome measures, output measures, efficiency measures, and
customer service measures. The Committee further directs
agencies funded in this Act to report on their plans to comply
with the requirements of title 31 of the United States Code no
later than 90 days after the enactment of the Act.
Federal Employee Conduct.--Public service is a public trust
that requires Federal employees to place ethical principles
above private gain. The Code of Federal Regulations (5 Fed.
Reg. 2635.101) specifies the basic obligation of public
service. Each of the agencies funded in the Act shall ensure
their employees understand and are in compliance with this
obligation.
Antisemitism on College Campuses.--The Committee is alarmed
and concerned by rising antisemitism on college campuses
following the October 7, 2023, terrorist attack by Hamas, that
is threatening the safety of Jewish students and faculty. This
has been exacerbated by the inability shown on the part of
College and University administrators to appropriately punish
antisemitic behavior. The dereliction of duty has resulted in
the rightful resignation of multiple University Presidents,
following rigorous oversight of Congressional Committees. The
Committee directs the Department of Commerce, the Department of
Justice, NASA, and NSF to report to the Committee, no later
than 90 days after the enactment of this Act, regarding how it
intends to address a United States institution of higher
education that receives Federal funding from this Act that
fails to take administrative action against any student, staff
member, or student group that commits acts of antisemitism
while utilizing the facilities, grounds, or resources of such
institution.
Reprogramming Procedures
Section 505 of the bill contains language concerning the
reprogramming of funds between programs, projects, and
activities. The Committee reminds the departments and agencies
funded in this bill that the reprogramming process is based on
comity between the Congress and the Executive Branch. This
process is intended to provide departments and agencies enough
flexibility to meet changing circumstances and emergent
requirements not known at the time of congressional review of
the budget while preserving congressional priorities and
intent. In the absence of comity and respect for the
prerogatives of the Appropriations Committees and the Congress
in general, the Committee may opt to include specific program
limitations and details in legislation and remove language
providing the flexibility to reallocate funds. Under these
circumstances, programs, projects, and activities become
absolutes and the Executive Branch shall lose the ability to
propose changes in the use of appropriated funds except through
legislative action. Each department and agency funded in this
Act shall follow the directions set forth in this bill and this
report and shall not reallocate resources or reorganize
activities except as provided herein. Reprogramming procedures
shall apply to funds provided in this Act, unobligated balances
from previous appropriations Acts that are available for
obligation or expenditure in fiscal year 2025, and non-
appropriated resources such as fee collections that are used to
meet program requirements in fiscal year 2025. As specified in
section 505, the Committee expects that the Appropriations
Subcommittees on Commerce, Justice, Science, and Related
Agencies of the House and Senate will be notified by letter a
minimum of 15 days prior to any reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices, programs, or
activities;
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
(7) augments existing programs, projects, or
activities more than $500,000 or 10 percent, whichever
is less, or reduces by 10 percent funding for any
program, project, or activity, or numbers of personnel
by 10 percent; or
(8) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects, or
activities as approved by Congress.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. The Committee
further expects any department or agency funded in this bill
that plans a reduction-in force to notify the Committee by
letter at least 30 days in advance of the date of any such
planned personnel action.
Relationship With Budget and Comptroller Offices
Through the years the Appropriations Committee has
channeled most of its inquiries and requests for information
and assistance through the budget offices or comptroller
organizationsof the various departments, agencies, and
commissions. Such relationships are necessary to accomplish the work of
the Committee. While the Committee reserves the right to call upon all
organizations in the departments, agencies, and commissions for
information and assistance, the primary contact between the Committee
and these entities must be through the budget offices and comptroller
organizations, or through a legislative affairs unit designated by the
Committee to work on appropriations and budget matters.
The workload generated in the budget process is large and
growing; therefore, a positive, responsive relationship between
the Committee and the budget and/or comptroller offices is
essential for the Committee to fulfill the constitutional
appropriations responsibilities of Congress.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The recommendation includes $570,000,000 in total resources
for the International Trade Administration (ITA). This amount
is offset by $12,000,000 in estimated fee collections,
resulting in a direct appropriation of $558,000,000. The
recommendation is $53,000,000 below fiscal year 2024 and
$87,500,000 below the request.
Quadrilateral Security Dialogue.--The Committee encourages
ITA to promote and strengthen the economic ties within the
Quadrilateral Security Dialogue between the United States,
India, Japan, and Australia.
Global Markets.--The Committee directs ITA to provide a
detailed spending plan for Global Markets funding to the
Committee. Further, the Committee directs ITA to include in its
fiscal year 2025 spending plan a staffing assessment and
justification for any newly established or newly proposed
offices.
Antidumping and Countervailing Duties Evasion.--The
Committee directs ITA to submit a report to the Committee, no
later than 180 days after the enactment of this Act, outlining
ITA's efforts to counteract the use of third countries for
transshipment by state-backed industries and producers to evade
U.S. antidumping and countervailing duties (AD/CVD) laws.
Within such report, the Committee encourages ITA to recommend
congressional actions that would be beneficial to counteracting
AD/CVD evasion.
Improving Trade with Africa.--The Committee is aware of the
goal of the U.S.-Africa Summit to work in furtherance of the
United States' national interest in enhancing and expanding
trade and economic partnerships with African nations. The
Committee emphasizes the U.S.'s increasing economic competition
in Africa with other global trading blocs such as China, the
European Union, and Russia.
Aluminum Import Monitoring.--The Committee continues to
encourage ITA to regularly consult with U.S. aluminum
manufacturers to ensure the Aluminum Import Monitoring (AIM)
system is supporting the full value chain of the U.S. aluminum
industry.
Indo-Pacific Operations.--The Committee is interested in
U.S. Commercial Service operations in the Indo-Pacific,
specifically the Pacific Islands. The Committee understands
that trade is an area of cooperation frequently requested by
Pacific Islands nations and provides an opportunity for the
United States to reinforce itself as the partner of choice in a
region with increasing Chinese competition. The Committee
directs the U.S. Commercial Service to provide a report that
summarizes its operations in the Indo-Pacific, and details any
proposals for increasing U.S. business and investment in the
region, no later than 180 days after the enactment of this Act.
Countering China through the Foreign Commercial Service.--
The Committee remains concerned by the People's Republic of
China's (PRC) unfair trade practices and economic coercion, in
particular, as part of its Belt and Road Initiative. The
Committee directs the Foreign Commercial Service (FCS) to
coordinate with the State Department, in particular, to ensure
Foreign Commercial Officers are aligning their activities with
U.S. foreign policy and located in regions critical to
strategic competition with the PRC. The Committee further
directs FCS to provide a report to the Committee, no later than
180 days after the enactment of this Act, summarizing its
coordination efforts with the State Department.
Supply Chain Security.--The Committee recognizes the impact
supply chain issues can have on the Nation's economy. Within
the funding provided in this Act, the Committee encourages ITA
to prioritize efforts to support the resilience of supply
chains that are critical to U.S. national security and economic
competitiveness.
Assistant Secretary for Travel and Tourism.--The Committee
directs ITA to establish the Office of the Assistant Secretary
of Commerce for Travel and Tourism pursuant to Public Law 117-
328.
Economic Competitiveness and Human Rights Abuses.--The
Secretary of Commerce, in coordination with the Secretary of
State, the United States Trade Representative, and other
Federal officials that the Secretary of Commerce determines
appropriate, shall submit to the Committees on Energy and
Commerce, Foreign Affairs, and Appropriations of the House of
Representatives and the Committees on Energy and Natural
Resources, Foreign Relations, and Appropriations of the Senate
a report describing, to the extent practicable, how any foreign
government, directly or indirectly through its agents,
representatives, or enterprises, wholly- or partly-owned, or in
collaboration with a private entity that participates in human
rights abuses, creates a competitive advantage in global
trade--with a particular focus on critical minerals and rare
earths--through the use of forced or compulsory labor, child
labor, or unacceptable conditions of work with respect to
occupational safety and health, within its sovereign territory
or abroad.
Supply Chain Resiliency.--The Committee requests a report
no later than 180 days after the enactment of this Act on the
status of current supply chain office efforts to promote supply
chain policy recommendations, development of supply chain
mapping and monitoring tools, collaboration with private sector
and interagency stakeholders, and how the agency is
strategically conceptualizing its approach to strengthening
supply chains. The report should include a breakdown of funding
requests to support those efforts and articulate how those
funds are being utilized to fulfill the intent of the agency's
supply chain resiliency and competitiveness efforts, across
different internal teams and functions. In the context of
assessing progress to date, the Committee also requests that
the agency offer recommendations about what additional
resources, if any, are needed to support execution of the
strategies outlined in the report.
Chinese Solar Panel Stockpiling.--The Committee is
concerned that Chinese solar companies may be circumventing
necessary tariffs on panels by sending components through
Southeast Asian countries before importation to the United
States. The Committee notes that such circumventions can lead
to a stockpiling of Chinese solar panels to levels which
outpace current U.S. demand. The Committee directs ITA to
enforce, to the extent possible, the anti-stockpiling
Utilization Requirement concerning the Antidumping and
Countervailing Duty Orders on Crystalline Silicon Photovoltaic
Cells and Modules Imported from Cambodia, Malaysia, Thailand,
and Vietnam (as detailed in 88 Fed. Reg. 57419).
Hardwood Plywood AD/CVD Duties.--The Committee understands
that approximately two dozen U.S. companies have received
notices from Customs and Border Patrol (CBP) requiring cash
deposits to cover potential additional antidumping (AD) or
countervailing duty (CVD) tariffs based on findings by the
Department that 37 Vietnamese exporters of plywood lumber
failed to cooperate with a Department investigation. At the
outset of the Department's scope and anti-circumvention
inquiries in 2020, the companies understood that these products
were outside the scope of relevant AD and CVD orders. However,
the Department determined that these out-of-scope products are
physically indistinguishable from in-scope products. To
differentiate between in-scope and out-of-scope products for
the purposes of assessing duties, the Department instituted a
certification regime requiring companies to provide information
to CBP in order to prove that their imports are outside the
scope of these orders.
Unfortunately, because of the application of adverse facts
by the Department against the 37 non-cooperative Vietnamese
exporters, the plywood in question was excluded from the
certification program. The result is that even U.S. importers
sourcing from the relevant Vietnamese companies that have
independent audits proving their hardwood plywood is out of
scope continue to be excluded from participation in the
certification regime. As part of its annual Administrative
Review of the underlying orders, the Department has provided an
opportunity for currently excluded importers to qualify for
inclusion in the certification program. The pending
Administrative Review provides the Department with the
opportunity to reevaluate its prior refusal to consider
independent proofs offered by the companies that the products
they imported were not subject to these AD or CVD orders.
While the Committee supports the Department's efforts to
ensure robust enforcement of the trade remedy law, it is
concerned that some U.S. companies are being harmed due to the
refusal of the Department to consider evidence offered by U.S.
importers that their hardwood plywood imports are outside the
scope of these AD/CVD orders. The aim of the process is to
determine the origin of the imported products in question. As
such, the Committee encourages the Department to, as it renders
its preliminary and final results in the current Administrative
Review, consider and accept documentation provided by U.S.
importers that potentially would justify including them within
the hardwood plywood certification regime.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The recommendation includes $186,683,000 for the Bureau of
Industry and Security (BIS), which is $4,317,000 below the
fiscal year 2024 enacted level and $36,709,000 below the
request.
Light Detection and Ranging Technology.--The Committee is
concerned about the national security threat posed by Chinese
military companies with ties to the People's Liberation Army
(PLA). Specifically, the Committee is aware of partnerships
between Chinese Light Detection and Ranging Technology (LIDAR)
manufacturers and the PLA to enable autonomous military
vehicles and systems. Further, the Committee recognizes the use
of Chinese-manufactured LIDAR for police and prison
surveillance measures in the Xinjiang Uyghur Autonomous Region
(XUAR), where human rights abuses of the Uyghur people have
been well-documented. The Committee directs BIS to report to
the Committee no later than 180 days after the enactment of
this Act on whether Chinese-manufactured LIDAR companies meet
the requirements to be added to the Entity List.
Semiconductor Manufacturing International Corporation.--BIS
is directed to rescind all licenses issued to entities to sell
to Huawei, Semiconductor Manufacturing International
Corporation, or any of their subsidiaries and report to the
Committee no later than 30 days after the enactment of the Act
on the implementation of this directive.
Enforcement.--The Committee supports BIS' desire to pursue
an aggressive, innovative approach against China aimed at
denying China's ability to catch up on cutting-edge
semiconductors. For this reason, the Committee is concerned BIS
is still allowing U.S. companies to sell consumer semiconductor
devices to Huawei. BIS is directed to provide a briefing to the
Committee, no later than 60 days after the enactment of this
Act, on its enforcement of export controls targeting Huawei.
The briefing shall: (1) identify active licenses authorizing
United States entities to sell chips to Huawei; (2) assess
whether these licenses have resulted in an effective monopoly
to licensees; (3) consider how these monopoly licenses have
impacted United States national security, including what role
they may have played in drivingHuawei to pursue its own chip
development in contravention of United States export controls; (4)
outline steps to be taken to correct market distortions caused by past
monopoly licenses, for example by rescinding or issuing new licenses;
and (5) analyze the feasibility of implementing a competitive market
review prior to issuing any license for export, reexport, or in-country
transfer of technology to determine whether the issuance of any such a
license would result in the creation of a monopoly and the impact of
such monopoly on national security interests of the United States.
Emerging and Foundational Technologies.--The Committee
directs BIS to add all technologies identified by the Office of
National Science and Technology Council in February 2024 as
``critical and emerging technologies'' to the list of emerging
and foundational technologies controlled pursuant to section
1758 of the Export Control Reform Act of 2018, for the purpose
of preventing foreign adversaries from investing in U.S.
emerging and foundational technologies. BIS is further directed
to report to the Committee no later than 180 days after the
enactment of this Act on the implementation of this directive.
Firearms Exports Rule Analysis.--The Committee directs the
Comptroller General of the United States to conduct a report
examining the extent to which the Department of Commerce is
using `Watch List' information provided by the Department of
State; the number of applications rejected based on this
information since the rule went into effect; the extent to
which the Department of Commerce is using information from the
International Vetting and Security (INVEST) database to make
determinations regarding transfer requests made on behalf of
the security force units of other nations; and whether any
applications have been rejected based on information from the
INVEST database since the March 2020 rule change. In
particular, the Government Accountability Office (GAO) should
analyze whether there continues to be information that the
Department of State uses that the Department of Commerce does
not in making determinations on weapons export requests, and
whether there have been any situations in which suspect or
sanctioned end users, either individuals or foreign security
units, have received firearms exports since the new rules were
promulgated.
Preservation of Unilateral Controls.--The Committee is
concerned by reports that foreign entities in allied nations
continue to take advantage of U.S. export controls and U.S.
efforts to counter malign acquisition of advanced technology.
The Committee directs BIS to develop regulations for adding
foreign entities in allied nations to the Unverified List if it
is found that these entities are undermining U.S. export
controls.
Energy Resiliency Supply Chains.--The Committee directs BIS
to assess its programs to identify opportunities for leveraging
these resources to bolster critical elements of the fusion
energy supply chain. This effort should focus on the domestic
manufacturing capacities essential for power electronics,
including but not limited to, high-voltage capacitors and
semiconductors. The Committee directs the Department of
Commerce to present a comprehensive report, no later than 180
days after the enactment of this Act, to both the Committee and
other committees of jurisdiction including recommendations for
optimizing the use of existing Department of Commerce-funded
programs to facilitate U.S. strategic advancement of fusion
energy technologies, development, and deployment. The report
should focus on the manufacturing and assembly processes of
essential components for fusion energy systems and provide a
detailed analysis of the suitability of current programs in
supporting the manufacturing sector, facility construction
endeavors, and the procurement of necessary materials and
equipment.
Information Technology Modernization.--The Committee
understands that for BIS to effectively fulfill its national
security mission, a robust foundation of modern information
technology (IT) is crucial. The Committee recognizes the
dilapidated state of BIS IT systems and their dire need for
modernization. Therefore, no later than 180 days after the
enactment of this Act, the Committee directs BIS to report to
the Committee on the specific needs, equipment, systems, and
costs for modernizing its IT systems.
Anti-Boycott Compliance.--The recommendation includes
$38,709,000 for enforcement of export controls and sanctions in
relation to Iran, China, North Korea and Russia as well as the
for the continued prohibition on cooperation with countries
participating in boycotts of countries friendly to the U.S.,
such as Israel.
Economic Development Administration
The recommendation includes $324,500,000 for the programs
and administrative expenses of the Economic Development
Administration (EDA), which is $143,500,000 below the fiscal
year 2024 enacted level and $198,364,000 below the request.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The recommendation includes $256,500,000 for Economic
Development Assistance Programs (EDAP). The Committee directs
EDA to distribute the funds as follows and expects EDA to
follow the procedures set forth in section 505 of this Act with
respect to any deviation from the funding table:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Economic Adjustment Assistance....................... $39,500
Assistance to Coal Communities....................... 80,000
Assistance to Indigenous Communities................. 5,000
Regional Innovation Program Grants................... 50,000
RECOMPETE Pilot Program.............................. 41,000
Regional Technology Innovation Hubs.................. 41,000
------------------
Total, Economic Development Assistance Programs.. $256,500
------------------------------------------------------------------------
Economic Development Assistance Programs.--The fiscal year
2025 recommendations for EDAP reflect reduced congressional
support. In addition, due to a lack of demand, some EDAP
funding from prior years has not been awarded yet.
Investment in Central Appalachia.--To diversify and enhance
economic opportunities, the Committee urges the Secretary to
prioritize distressed counties within the Central Appalachian
region to help communities that have been affected by job
losses in coal mining, coal power plant operations, and coal-
related supply chain industries due to the economic downturn of
the coal industry in pertinent grant programs.
Coal Communities.--The Committee expects EDA to work
creatively to transform historic coal communities. The
Committee believes comprehensive, well-orchestrated strategies
to promote economic growth should be a top priority.
Economic Assistance for Communities.--Economic and
community development funding provided by other agencies can
have even more impact if they are utilized in conjunction with
other Federal funding sources such as EDA. The Committee
therefore encourages EDA to treat as acceptable funds any
funding provided by other Federal programs which are explicitly
authorized to be used for any required non-Federal share of the
cost of a project so that funding from both agencies may be
used if necessary and to the extent permitted by law.
Regional Innovation Program.--Within funds provided for the
Regional Innovation Program, also referred to as Build to
Scale, EDA shall award not less than 40 percent of grants to
support rural communities.
Economic Development Data.--The Committee recognizes the
importance of university-based assets to facilitate open access
to data, particularly related to the economy, transportation,
health, and demographic information. The recommendation
includes $2,800,000 to support the development of open data
platforms to support community access and to better inform
stakeholder decision-making.
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.
SALARIES AND EXPENSES
The recommendation includes $68,000,000 for EDA salaries
and expenses, which is equal to the fiscal year 2024 enacted
level and $17,864,000 below the request.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The recommendation includes $55,000,000 for the Minority
Business Development Agency (MBDA), which is $13,250,000 below
the fiscal year 2024 enacted level and $25,000,000 below the
request.
Office of Native American Business Development.--The
recommendation includes not less than $4,000,000 for MBDA to
award grants to Tribes and American Indian, Alaska Native, and
Native Hawaiian populations to address barriers to economic
development. The Committee encourages MBDA to coordinate with
the Department's Office of Native American Business Development
on such efforts and to implement innovative programs to support
Tribal small business owners.
Native Entities.--The recommendation includes $5,000,000
for grants to American Indian, Alaska Native, and Native
Hawaiian entities qualified to provide business, financing, and
technical assistance services to Tribes.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The recommendation includes $116,000,000 for Economic and
Statistical Analysis (ESA), which is $9,000,000 below fiscal
year 2024 and $22,500,000 below the request.
Data Transparency.--The recommendation includes $5,000,000
for data acquisition to support a regular release schedule with
minimal lag. The Committee supports the acquisition of real-
time data to identify trends in personal consumption and
recognizes the importance of modernizing data collection
practices with direct-from-consumer, verified purchase data to
capture consumers' natural purchase behavior. The Committee
directs ESA to use a competitive process when soliciting
private sector data.
Commodity Checkoff Programs.--The Committee recognizes that
the Department's Concrete Masonry Checkoff program is an
industry-led program funding the research and promotion of
concrete masonry products. The Committee encourages the
Department to maximize the effectiveness of its checkoff
programs by utilizing available escrow funds, managing agency
cost reimbursements or developing other administrative
remedies, where practicable, to ensure program resources are
fully utilized for their intended purpose.
Youth Sports Economic Impact Study.--The Committee directs
the Secretary to report to the Committee, no later than 90 days
after the enactment of this Act, on the feasibility of entering
into a joint memorandum with the Secretary of Education, the
Secretary of the Interior, the Secretary of Health and Human
Services, and Secretary of Labor to assess the youth fitness
and sports economy of the United States by identifying the
total revenue generated from youth fitness and sports
businesses and facilities on a national and State level; the
total jobs created by youth fitness and sports businesses and
facilities; and the total dollar value of the youth fitness and
sports economy.
Bureau of the Census
The recommendation includes a total of $1,354,000,000 for
the Bureau of the Census, which is $28,500,000 below fiscal
year 2024 and $223,691,000 below the request.
CURRENT SURVEYS AND PROGRAMS
The recommendation includes $300,000,000 for Current
Surveys and Programs.
Annual Poverty Data Collection.--The Committee recognizes
that the cost of collecting data for the Current Population
Survey (CPS) to maintain its current sample size and quality
requirements has increased significantly over recent years. The
Committee also recognizes the interest in poverty measures for
discrete populations. Within the funds provided, the Committee
urges the Census Bureau to update the June 2020 feasibility
report on increasing the sample size of the March supplement of
the CPS and to review the feasibility of expansion in the
remaining territories and to report to the Committee on these
efforts no later than 120 days after the enactment of this Act.
PERIODIC CENSUSES AND PROGRAMS
The recommendation includes $1,054,000,000 for Periodic
Censuses and Programs.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The recommendation includes $55,000,000 for the salaries
and expenses of the National Telecommunications and Information
Administration (NTIA), which is $2,000,000 below fiscal year
2024 and $10,000,000 below the request.
Advanced Communications Research.--The recommendation
includes up to $17,000,000 for Advanced Communications Research
at the Institute for Telecommunication Sciences to expand
research and development in radio frequency spectrum management
to allow next generation communications use and to ensure that
5G networks and the broader telecommunications supply chain are
secure, including through vendor diversity.
Office of Interconnectivity and Growth.--The recommendation
includes not less than the fiscal year 2024 enacted level for
the Office of Interconnectivity and Growth.
Policy and Technical Training.--The Committee directs NTIA
to continue working with the Federal Communications Commission
and the Department of State to provide support for activities
authorized 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.
Artificial Intelligence Literacy.--In implementing its
programs pertaining to digital literacy and digital skilling,
the Committee directs NTIA to include artificial intelligence
(AI) literacy efforts. The Committee encourages NTIA consider
as components of AI literacy, the ability to comprehend the
basic principles, concepts, and applications of artificial
intelligence, as well as the implications, limitations, and
ethical considerations associated with its use.
Broadband Programs.--NTIA's broadband programs shall not
provide a scoring advantage based specifically upon the form of
organization or commercial status of a broadband service
provider, and NTIA should ensure States using funding obtained
through NTIA similarly do not provide a scoring advantage based
on organization or commercial status for programs administered
by the State.
Rural Broadband Coordination.--The Committee continues to
encourage NTIA to equally prioritize the deployment of the
Nationwide Public Safety Broadband Network (NPSBN) in rural
communities and in urban areas.
Broadband Programs Barrier to Entry.--In administering its
broadband programs, NTIA shall consider the effect of supply
chain, workforce shortages, and other known barriers such as
permit approvals to determine whether providers can reasonably
meet deployment deadlines. In the case NTIA determines these
factors unduly impact project commitments or will deter program
participation, the administration shall use its discretionary
authority to provide waivers of such requirements and/or other
relief.
Broadband Equity Access and Deployment Coordination.--The
Committee is concerned with the NTIA's implementation of
section 60102(h)(5)(D) of the Infrastructure Investment and
Jobs Act (Public Law 117-58). Accordingly, the Assistant
Secretary shall not approve any Eligible Entity's initial
proposal or final proposal if the Eligible Entity proposes to
require, encourage, or incentivize subgrantees to offer
specific rates for broadband service, including a specific rate
for a low-cost broadband service option, a middle-class
affordability strategy, or a specific rate in order to earn
points for the scoring of deployment subgrantee selection. If
an eligible entity's initial proposal and its final proposal do
not contain any such rate regulation provisions and are
otherwise consistent with the purpose of the IIJA, then the
Assistant Secretary shall approve an eligible entity's initial
proposal and its final proposal.
Rate Regulation.--NTIA's broadband programs shall not
directly or indirectly regulate the rates that broadband
service providers charge to consumers generally or to any
subset of consumers.
Spectrum Needs.--The Committee encourages NTIA to
coordinate with the Federal Communications Commission (FCC) to
consider ways to address the spectrum needs of all stakeholders
to ensure government and commercial wireless needs are met.
NTIA is directed to report to the Committee no later than 90
days after the enactment of this Act on its coordination,
including how it has accounted for the possible use of
commercial licensed, shared Federal and non-Federal commercial
licensed, and unlicensed in making such spectrum available.
FACILITIES MANAGEMENT AND CONSTRUCTION
The recommendation includes $1,500,000, which is $500,000
below the fiscal year 2024 enacted level and the request, for
necessary expenses for the design, construction, alteration,
improvement, maintenance, and repair of buildings and
facilities managed by NTIA.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The recommendation includes language making available to
the United States Patent and Trademark Office (USPTO)
$4,554,940,000, to be derived from offsetting fee collections
estimated for fiscal year 2025 by the Congressional Budget
Office. The Committee expects USPTO budget submissions to
reflect the longstanding practice of providing USPTO with
complete and unfettered access to the amount equal to the
estimated patent and trademark fee collections for a given
fiscal year.
Standard Essential Patent Policies.--The Committee
recognizes the importance of balanced standard essential patent
policies to American industry and jobs. There is currently a
lack of clarity on the administration's standard essential
patent strategy. The Committee encourages the Department to
examine how foreign standard essential patent injunctions are
negatively impacting American interests.
National Institute of Standards and Technology
The recommendation includes $1,415,000,000 for the National
Institute of Standards and Technology (NIST), which is
$45,000,000 below the fiscal year 2024 enacted level and
$83,500,000 below the request.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $1,003,000,000 for Scientific
and Technical Research and Services (STRS), which is
$77,000,000 below the fiscal year 2024 enacted level and
$28,000,000 above the request.
Forensic Sciences.--The recommendation includes $22,000,000
for forensic science research, including no less than
$3,500,000 to support the Organization of Scientific Area
Committees, no less than $1,500,000 for a competitive Standards
Development Organization grant, and no less than $1,200,000 to
support technical merit evaluations.
Addressing Wildfire Risks.--The recommendation includes up
to $7,560,000 for Wildfire and the Wildland-Urban Interface-
related research. The Committee directs NIST to develop
improved Wildland-Urban Interface risk exposure metrics and
tools to better assess and mitigate the fire vulnerability of
structures to protect at-risk communities.
National Vulnerabilities Database.--The Committee
acknowledges the critical importance of NIST's role in
maintaining the National Vulnerabilities Database, a vital
resource in identifying, assessing, and mitigating
vulnerabilities in software systems, and enhancing the overall
security posture of our Nation's digital infrastructure. The
recommendation supports common vulnerabilities and exposures
analysis, and personnel to support database operations.
Advancing Research in Critical and Emerging Technologies.--
The Committee recognizes the important research role NIST holds
across areas of critical and emerging technologies, including
through the evaluation, measurement, and development of
standards. The Committee recognizes that NIST's work is
essential to the responsible and effective deployment of these
technologies in commercial and national security environments
and acknowledges that this work will only grow in importance
through the coming years, particularly as the People's Republic
of China redoubles its own efforts to deploy such technologies
for its strategic advantage. Accordingly, the recommendation
includes up to the request for advancing research in critical
and emerging technologies.
Cybersecurity and Privacy Standards.--The recommendation
includes up to the request for the following areas within
NIST's Cybersecurity and Privacy activities including for
purposes of increasing personnel and contracting resources:
vulnerability management, cryptography programs, privacy
programs, identity and access management, software security,
infrastructure with a particular focus on domain name system
and border gateway protocol security, the National Initiative
for Cybersecurity Education with a particular focus on
expanding office andpersonnel capacity to support the workforce
requirements authorized in Public Law 116-238, and Internet of Things
security.
Cybersecurity Education.--The Committee supports the
amendments made to Public Law 113-274, known as the
Cybersecurity Enhancement Act, as part of Public Law 116-283,
particularly with respect to cybersecurity challenge programs,
as well as regional alliances and multistakeholder
partnerships. The Committee encourages NIST to fund regional
alliances and multistakeholder partnerships as detailed in
section 303(f) of the Cybersecurity Enhancement Act, as
amended. The Committee further encourages NIST to support
national cybersecurity challenges as detailed in section 205,
as authorized in the Cybersecurity Enhancement Act, as amended.
Platform Firmware Resiliency Guidelines.--The Committee
recognizes that enhancing cybersecurity resilience is a
critical component to protecting national security and
encourages NIST to consider a comprehensive update of the
Platform Firmware Resiliency Guidelines, including updates to
the guidelines on maintaining software inventories, documenting
all components of the software in use, and enabling quick
identification of potential vulnerabilities in the systems.
Reducing the Cryptographic Module Validation Program
Backlog.--Consistent with the recommendations adopted in Public
Law 117-328, the Committee directs NIST to provide updates
regarding NIST's progress in reducing its Cryptographic Module
Validation Program (CMVP) backlog. Additionally, if helpful to
reducing the backlog, the Committee directs NIST to consider
coordinating with or utilizing qualified cryptographic
professionals detailed from other parts of the Federal
Government. The Committee encourages NIST to consider this
issue in the context of post-quantum cryptography migration,
including allowing the study of alternative solutions to reduce
the backlog, such as the issuance of provisional certificates.
The Committee also encourages NIST to increase transparency by
measuring and communicating validation performance metrics of
testing labs, and to continue its ongoing efforts to streamline
the review process and provide updates about planning for new
announcements and future requirements.
Unmanned Aerial Systems Training for First Responders.--The
Committee is aware of the pressing need for first responder
training to educate, certify, and credential first responders
to employ Unmanned Aerial Systems (UAS) skills for crises and
emergency management events. The recommendation includes
$8,000,000 for NIST to collaborate and facilitate credentialing
with the Federal Aviation Administration (FAA) Center of
Excellence for Unmanned Aerial Systems Research (ASSURE) on
course development, delivery, and credentialing based on NIST's
standard test method. The Committee further directs that a
focus be on first responders in underserved communities.
Circular Economy for Textiles Roadmap.--The Committee
supports NIST's ongoing work on the circular economy for
textiles, including development of a standards roadmap for
textile circularity. No later than 90 days after the enactment
of this Act, the Committee requests NIST provide a briefing on
this work.
Earthquake Preparedness Assessment.--The Committee
encourages NIST, in collaboration with the Federal Emergency
Management Agency (FEMA), National Science Foundation (NSF),
and U.S. Geological Survey (USGS), and in coordination with
Federal, State, local, territorial, and Tribal governments and
stakeholders, to conduct a national risk assessment to identify
the progress made by communities to strengthen earthquake
resilience and any remaining gaps in resilience.
Protecting Against Power Analysis Attacks on Semiconductor
Hardware.--The Committee directs NIST to expand research and
analysis on power analysis attacks on semiconductor hardware
and includes up to $4,455,000 for NIST to partner with a
university that specializes in high performance computing on
this effort.
Artificial Intelligence Research.--The recommendation
supports AI research and measurement science efforts within
NIST's core mission objectives as authorized in section 10232
of Public Law 117-167, section 5301 of Public Law 116-283, and
section 5302 of Public Law 116-283 to position the U.S. as a
global leader in AI innovation.
Artificial Intelligence and Biosecurity.--The Committee
supports NIST's innovative work on the convergence of AI and
biotechnology and encourages NIST to continue workstreams
prioritizing the evaluation, auditing, and red-teaming
capabilities that advance both cybersecurity and biosecurity.
Artificial Intelligence Detection.--The Committee
recognizes the value posed by AI audio detection technologies
and encourages NIST to support research on AI-generated audio
detection technologies.
Investigative Forensic Genetic Genealogical Analysis.--The
Committee supports NIST's development of written and physical
standards for investigative forensic genetic genealogical
analysis as an investigative lead for law enforcement and
within the constitutional confines of the justice system.
Weather-Related Data Standards Setting.--The Committee
continues to be concerned about the impact of weather on the
built environment and supports minimizing weather-related risks
to Federal and non-Federal investments. The Committee urges
NIST to continue its measurement science and standards-setting
efforts on this topic and to continue working with the National
Oceanic and Atmospheric Administration (NOAA), other Federal
agencies, and other stakeholders, as appropriate, to help
incorporate up-to-date weather-related data, including data on
extreme weather, into codes and standards for buildings and
communities.
Country of Origin of NIST-Certified Devices and Hardware.--
The Committee is concerned about the lack of information
regarding the country of origin of NIST-certified devices and
hardware. The Committee encourages NIST to work with the other
components within the Department of Commerce, and other
agencies as appropriate, to update its certification forms to
include a determination of the country of origin for all
devices submitted for certification.
Robotics for Environmental Monitoring.--The Committee
recognizes the potential for robotic systems to enhance
capabilities for environmental monitoring and data collection
in challenging coastal and ocean conditions, and to advance
strategic objectives for improving economic, community, and
infrastructure resilience due to changing conditions and
natural hazards. The Committee encourages NIST to collaborate
with universities to broaden existing laboratory capabilities
for advancing measurement science, standards, and testing
methods specific to marine and environmental robotics for
performance and data collection. The Committee encourages NIST
to emphasize conditions and environments prevalent in the
southeast Atlantic and the Pacific Northwest.
National Full-Scale Testing Initiative for Wind, Surge, and
Wave Events and Interagency Working Group.--The Committee
directs NIST to continue the interagency working group to
further accelerate research, the adoption of new technologies,
and the establishment of national standards and measurements to
reduce losses and disruptions due to environmental-driven and
natural hazards, in particular with wind, surge, and wave
events. The Committee directs NIST to continue working with key
relevant agencies such as NSF, NOAA, FEMA, the U.S. Army Corps
of Engineers, and USGS. The recommendation also includes funds
to cooperate with and advise the NSF-funded ``National Full
Scale Testing Infrastructure for Community Hardening in Extreme
Wind, Surge, and Wave Events'' (NICHE) in developing a Full-
Scale Testing Facility for building and community hardening for
extreme wind, surge, and wave events. The Committee directs
NIST to work with relevant extramural research institutions and
industry partners, by collaborating with and advising on the
establishment of the Facility in coordination with institutions
with a multi-hazard research focus, including a large-scale
hurricane simulator capable of generating full-scale hurricane
wind speeds with rain intrusion, and with established
partnerships with key relevant agencies such as NSF, NOAA,
FEMA, the U.S. Army Corps of Engineers, and USGS.
Uncrewed Vehicles, Data Centers, and Knowledge Sharing for
Decision Support.--The Committee acknowledges that there is an
urgent need for effective ``early alert systems'' to detect
anthropogenic impacts and continuing stressors to the
environment. The Committee encourages NIST to support
extramural partnerships with universities to advance research
and development of heterogeneous uncrewed vehicles, the
creation of data centers to allow for the integration of the
various data streams, and the development of interactive
visualization tools to maximize stakeholder engagement and
access to data for knowledge sharing and decision support. The
Committee encourages NIST to consider supporting complementary
uncrewed maritime systems, aerial assets, and uncrewed ground
vehicles to aid environmental monitoring and data collection
efforts in the Southeast Atlantic region. The Committee further
encourages NIST to consider partnering with institutions with a
track record of long-term environmental monitoring, development
and management of remote sensing products, data warehousing,
and innovative uncrewed autonomous vehicles.
Quantum Information Science.--The recommendation includes
up to the request for Quantum Information Science and directs
NIST to undertake the activities authorized by Public Law 115-
368 and to concentrate on the identification and development of
practical quantum and quantum-hybrid applications that focus on
public sector use cases to ensure the government is able to
benefit from technology as it emerges. The Committee directs
NIST to provide a report no later than 120 days after the
enactment of this Act on the feasibility of public-private
partnerships using near-term application development and
deployment.
Quantum Cryptography.--The Committee encourages NIST to
address emerging threats, including quantum cryptography and
the challenges posed by quantum computing, by developing
cryptographic standards and technologies.
Draft Interagency Framework for Considering the Exercise of
March-In Rights.--The Committee notes that Congress passed the
Bayh-Dole Act to incentivize the private sector to make the
risky and substantial investments needed to translate
inventions arising from Government-funded research into useful
products to benefit Americans. The Committee is concerned that
NIST's Request for Information (RFI) on a ``Draft Interagency
Guidance Framework for Considering the Exercise of March-In
Rights'' (88 Fed. Reg. 85593 (December 8, 2023)) would have
serious negative effects on collaboration between the public
and private sectors, including through the Cancer Moonshot,
which has played a critical role in yielding new cancer
treatments. The Committee directs NIST that none of the funds
made available by this Act shall be used to finalize,
implement, or enforce this draft guidance.
Epitranscriptomic Standards.--The Committee notes the
recent release of the National Academies of Sciences,
Engineering, and Medicine (NAS) report entitled ``Charting a
Future for Sequencing RNA and Its Modifications'' and notes
that several types of standards are needed to support research
and technology development for the Ribonucleic acid (RNA)
modifications field, and that NIST is well-suited to take the
lead on this initiative. The Committee encourages NIST to
implement recommendations from the NAS report and determine the
feasibility of developing and promoting standards to support
the field of epitranscriptomics.
Nucleic Acid Synthesis Screening.--The Committee recognizes
NIST's work developing screening and safety tools to defend
against the potential misuse of AI-related to nucleic acid
synthesis and encourages NIST to ensure that such tools include
guarding against pathogens capable of potentially causing a
pandemic or specific to potential pandemic pathogens that
either are by themselves hazardous or could enhance
pathogenicity or transmissibility.
Research on Wildland Fire Communications and Information
Dissemination.--The Committee directs NIST to conduct research
on the public safety communication coordination standards among
Federal, State, Tribal, and local wildland firefighters, fire
management response officials, and member agencies; and to
conduct research on improving and integrating existing
communications systems to transmit secure real-time data,
alerts, and advisories to and from fire management response
officials. Additionally, the Committee directs NIST, in
coordination with any other appropriate Federal agencies, to
conduct both live and virtual field testing of equipment,
software, and other technologies to determine current times of
information dissemination and develop standards for the
delivery of useful and secure real-time data among relevant
agencies, fire management response officials, and wildland
firefighters. The Committee further directs NIST to develop and
publish recommendations to improve public safety communication
coordination standards among wildland first responders and fire
management response officials, and to transmit these
recommendations to the Office of Management andBudget (OMB) and
the Office of Science and Technology Policy (OSTP). The recommendation
includes no less than $3,000,000 for NIST to conduct these activities.
NIST Centers of Excellence.--The recommendation includes
sufficient funding to maintain the NIST Centers of Excellence,
including the Forensic Science Center of Excellence, the
Advanced Materials Center of Excellence, and the Community
Resilience Center of Excellence.
Programs Not Supported.--The recommendation does not
support the NIST Center of Excellence in Climate Change, the
NIST Greenhouse Gas Measurements program, or the NIST
Diversity, Equity, Inclusion and Accessibility Initiative.
Scientific and Technical Research Projects.--The
recommendation includes $245,722,000 for NIST Scientific and
Technical Research Projects. The Committee directs NIST to
perform the same level of oversight and due diligence as with
any other external partners.
INDUSTRIAL TECHNOLOGY SERVICES
The recommendation includes $212,000,000 for Industrial
Technology Services, which is equal to the fiscal year 2024
enacted level and equal to the request. Of this amount,
$175,000,000 is for the Hollings Manufacturing Extension
Partnership (MEP), and $37,000,000 is for the Manufacturing USA
program.
Manufacturing Extension Partnership.--The Committee
strongly supports MEP and notes the importance of MEP Centers
having adequate support to maintain a nationwide network of
technical specialists who enable manufacturers to compete
globally by supporting domestic supply chain integration and by
providing access to information, training, and technologies
that improve efficiency, productivity, and profitability. The
Committee encourages NIST to ensure MEP Centers have the
necessary resources to support the success of small- and
medium-sized manufacturers that need technology-based services
to create well-paying manufacturing jobs.
National Manufacturing Extension Partnership Supply Chain
Database.--The Committee is aware of the Supply Chain
Optimization and Intelligence Network (SCOIN), which will
support the creation of a supply chain database through funding
of the MEP National Network Centers. The Committee directs NIST
to create a centralized, permanent supply chain database, as
required by Public Law 117-167. No later than 180 days after
the enactment of this Act, the Committee directs NIST to report
on the status of building out a public-facing platform
database, including a breakdown of all related costs to
building out and maintaining the database.
Manufacturing USA Institute on In-Space Manufacturing.--The
recommendation includes up to $20,000,000 for NIST to consider
creating a new Manufacturing USA Institute focused on in-space
manufacturing. The Committee notes the significant economic
impact for U.S. science and technology leadership in this area.
Public Service Grants.--The Committee encourages NIST to
consider making public service grants, as authorized by section
1741 of Public Law 116-92, to advance ecosystem leadership and
workforce initiatives that help ensure U.S. competitiveness in
advanced manufacturing innovation at all existing Manufacturing
USA Institutes.
Domestic Semiconductor Chemical Supply.--The Committee
recognizes the importance of maintaining a reliable and
resilient domestic supply of chemicals required to produce
semiconductors. The Committee directs NIST to submit a report
no later than 180 days after the enactment of this Act
outlining uses of chemistries that are critical to production
of semiconductors in the United States, including but not
limited to, fluorotechnology. The Committee encourages NIST to
provide meaningful and robust input to other agencies regarding
proposed regulations of chemical substances with critical uses
in the production of semiconductors.
Microelectronics Workforce Development.--The Committee
recognizes the growing need to boost domestic competitiveness,
innovation, and national security efforts in the semiconductor
sector. The Committee encourages NIST, in coordination with
NSF, to consider partnering with a consortium of community
colleges, master's degree level institutions, and undergraduate
institutions to develop an initiative that will increase the
number of industry-ready graduates. The Committee also
encourages NIST to work with NSF to identify and consider
funding for existing workforce development collaborations
between manufacturers and institutions of higher education that
can be scaled appropriately to meet regional workforce demand.
The Committee directs NIST to consider regions where
significant microelectronics manufacturing facilities and
workforce development investments are being made by both
industry and the Federal Government.
Implementation of the Creating Helpful Incentives to
Produce Semiconductors Program.--The Committee is concerned
that NIST is not executing the Creating Helpful Incentives to
Produce Semiconductors (CHIPS) program in a manner that
reflects the gravity of the national security implications
surrounding the program. The Committee is particularly
concerned that NIST has included unnecessary, extraneous, and
rigorous requirements that applicants must adhere to in order
to receive funds through the program that were not included in
Public Law 117-167. No later than 30 days after the enactment
of this Act, and quarterly thereafter, the Committee directs
NIST to provide notification of any awards that are being
delayed due to non-statutory requirements included in the
Department's Notice of Funding Opportunities (NOFOs) including
childcare, diversity, and environmental requirements.
Additionally, the Committee directs that CHIPS awards
requirements should be applied only to work undertaken after
Federal funds are awarded and that these requirements should
not be retroactively applied to the pre-award activities of
applicants. The Committee urges NIST to continue making awards
expeditiously based on the defined statutory requirements
included in Public Law 117-167.
Reporting on Creating Helpful Incentives to Produce
Semiconductors Awards Upside Sharing and Funding Milestones.--
The Committee reminds NIST of reporting and notification
requirements to Congress regarding the CHIPS incentives
program, as authorized by Public Law 116-283 and Public Law
117-167. The Committee directs NIST to provide a briefing to
the Committee about any upside sharing agreements made between
NIST and a recipient of CHIPS funds, as detailed in the
Department of Commerce's NOFO entitled ``CHIPS Incentives
Program--Commercial Fabrication Facilities.'' No later than 60
days after the enactment of this Act, the Committee directs
NIST to provide a briefing on any amounts received by the
agency through upside sharing agreements, which includes a
detailed description of how NIST plans to use these funds.
Additionally, the Committee directs NIST to provide updates on
funds clawed back or withheld from an applicant due to a
failure to meet designated milestones highlighted in NOFOs. In
providing such briefings, NIST is directed to exclude any
business sensitive information.
The National Semiconductor Technology Center.--The
Committee recognizes the importance of semiconductor research
in bolstering the national security interests of the United
States by supporting and extending leadership in semiconductor
research, design, engineering, and advanced manufacturing to
secure a domestic semiconductor supply chain. The Committee
appreciates that the National Semiconductor Technology Center
(NSTC) can play an important role in the scaling and
integration of the semiconductor manufacturing process. The
Committee encourages NIST to strengthen the domestic
semiconductor and sensor manufacturing capability through the
development of integration, chiplets, photonics, and co-design
of semiconductors and packaging solutions. The Committee
encourages collaboration between the NSTC, the National
Advanced Packaging Manufacturing Program, and the Manufacturing
USA Digital Twins Institute to prevent duplication and ensure
comprehensive streamlined results. The Committee also
emphasizes the importance of geographic diversity in the
selection of NSTC facilities and affiliated technical centers.
Creating Helpful Incentives to Produce Semiconductors Funds
for Critical Minerals Supply Chain.--The Committee notes the
importance of building a robust, enduring, and leading-edge
domestic semiconductor industry in the U.S., and that this
requires key aspects of the semiconductor supply chain be
reshored. The Committee supports the Department's recent NOFO,
which provides small supply chain projects and small business
applicants access to CHIPS Act funds. However, the Committee
remains concerned about the current U.S. reliance on foreign
sources for critical minerals and increasing international
demand for these minerals. Therefore, the Committee encourages
NIST to prioritize CHIPS awards for domestic critical mineral
projects, particularly for projects that include minerals that
the U.S. is currently reliant on procuring from foreign sources
and that are important components of the domestic semiconductor
manufacturing supply chain.
Department of Commerce Allocation of National Institute of Standards and
Technology Funds: CHIPS Act Fiscal Year 2025
(In thousands of dollars)
------------------------------------------------------------------------
Account--Project and Activity Amount ($000)
------------------------------------------------------------------------
Section 9902
Creating Helpful Incentives to Produce $5,000,000
Semiconductors (CHIPS) for America Fund.........
Secure Enclave................................. (1,500,000)
Administrative Expenses........................ (100,000)
Office of the Inspector General, Salaries and (4,000)
Expenses....................................
------------------
Total, Section 9902...................... $5,000,000
==================
Section 9906
Industrial Technology Services................... 1,055,000
National Semiconductor Technology Center....... (1,030,000)
Manufacturing USA Institute.................... (25,000)
Scientific and Technology Research & Services.... 45,000
NIST Metrology Program......................... (23,000)
Administrative Expenses........................ (22,000)
Office of Inspector General, Salaries and (1,000)
Expenses....................................
------------------
Total, Section 9906...................... $1,100,000
==================
------------------------------------------------------------------------
CONSTRUCTION OF RESEARCH FACILITIES
The recommendation includes $200,000,000 for NIST
construction, which is $32,000,000 above the fiscal year 2024
enacted level and $111,500,000 below the request. The Committee
directs NIST to continue providing updates on the projects
funded within this account.
National Oceanic and Atmospheric Administration
The recommendation includes a total of $5,642,800,000 in
discretionary funds for the National Oceanic and Atmospheric
Administration (NOAA), which is $676,200,000 below fiscal year
2024 and $904,205,000 below the request.
The Committee's program and project recommendations for
NOAA are included in the consolidated funding tables below and
in narrative direction throughout this report. The Committee
reminds NOAA that any deviations from the amounts included in
the tables below are subject to the section 505 requirements of
this Act. When executing its budget for fiscal year 2025, the
Committee directs NOAA to incorporate the funding levels
established in both the table and the narrative direction.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes a total program level of
$4,611,314,000 under Operations, Research, and Facilities (ORF)
for NOAA's coastal, fisheries, marine, weather, satellite, and
other programs. This total funding level includes
$4,210,951,000 in direct appropriations, a transfer of
$377,363,000 from balances in the ``Promote and Develop Fishery
Products and Research Pertaining to American Fisheries'' Fund,
and $23,000,000 derived from recoveries of prior year
obligations.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--The recommendation includes
$583,666,000 for National Ocean Service (NOS) Operations,
Research, and Facilities.
NATIONAL OCEAN SERVICE
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Navigation, Observations and Positioning:
Navigation, Observations, and Positioning........... 150,000
Hydrographic Survey Priorities / Contracts.......... 27,000
IOOS Regional Observations.......................... 56,000
---------------
Navigation, Observations and Positioning........ 233,000
===============
Coastal Science and Assessment:
Coastal Science, Assessment, Response and 79,000
Restoration........................................
Competitive Research................................ 22,697
---------------
Coastal Science and Assessment:................. 101,697
===============
Ocean and Coastal Management and Services:
Coastal Zone Management and Services................ 50,000
Coastal Zone Management Grants...................... 80,000
National Oceans and Coastal Security Fund........... 15,000
Coral Reef Program.................................. 31,469
National Estuarine Research Reserve System.......... 32,500
Sanctuaries and Marine Protected Areas.............. 40,000
---------------
Ocean and Coastal Management and Services....... 248,969
===============
Total, National Ocean Service, Operations, Research, 583,666,000
and Facilities.....................................
------------------------------------------------------------------------
National Marine Sanctuaries Act.--The recommendation
includes up to $5,000,000 for the conservation and long-term
preservation of Federally owned artifacts and sanctuary
resources as defined in section 302(8) of the National Marine
Sanctuaries Act and protected under section 306 of that Act.
Geospatial Modeling Grants.--The recommendation includes no
less than $8,000,000 for Geospatial Modeling Grants, to be
distributed externally.
Coral Reef Program.--It is essential that NOAA's Coral Reef
Conservation Program receives sufficient funding to engage
external research partners to identify the pathogen causing
disease, conduct appropriate interventions and remediations,
research resilient coral species, identify genetic strains with
resistance to coral disease, and support restoration of
appropriate and diverse coral species. The recommendation
includes $33,300,000 for the Coral Reef Program.
Gulf of Mexico Hypoxia Mapping Cruise.--The Committee
recognizes the importance of the annual Gulf of Mexico Hypoxia
Mapping Cruise, providing the long-term data record for low-
oxygen in the northern Gulf, and the key metric for progress in
achieving the goals of the Gulf Hypoxia Action Plan. Within the
funding provided, the recommendation includes no less than
$1,000,000 to support the Gulf of Mexico Hypoxia Mapping
Cruise.
Integrated Ocean Observing System.--The Committee notes the
importance of the Integrated Ocean Observing System (IOOS)
network and includes $56,000,000 to strategically grow the
system based upon the highest priority needs of each region to
support disaster response, weather forecasting and hurricane
prediction, forecasting of freshwater and marine water quality,
detection of harmful algal blooms (HABs), and safe maritime
operations.
Marine Debris.--Reducing, preventing, and researching
marine debris is critical to the goal of protecting and
preserving the integrity of our marine ecosystems and the
communities and wildlife that depend on them. The Committee
recognizes the Marine Debris Program's critical work to support
grants, partnerships, and contracts to address marine debris,
particularly plastic waste pollution. The recommendation
includes $15,000,000 to support the program's evaluation,
tracking, and cleaning up of marine debris.
Blue Carbon Research Program.--The recommendation includes
$2,000,000 to support the blue carbon research program, to
advance NOAA's work to assess the carbon sequestration
potential of various coastal habitats, account for regional
differences, and identify some of the biophysical, social, and
economic pathways and impediments to coastal blue carbon
ecosystem protection, management, or restoration.
Corporate Fees.--The Committee directs NOAA to cap National
Ocean Service corporate fees to no more than 5 percent of the
annual appropriations.
NOAA Community Project Funding.--The recommendation
includes $67,523,000 for NOAA Coastal Zone Management Community
Project Funding. Funding must be for activities consistent
with, and supportive of, NOAA's mission and aligned with one or
more of the purposes described in the Coastal Zone Management
Act of 1972 (16 U.S.C. Sec. 1451 et seq.). Coastal Zone
Management projects are subject to any applicable cost-share
required by law under the Coastal Zone Management Program. The
Committee directs NOAA to perform the same level of oversight
and due diligence regarding these projects as with any other
external partners.
National Marine Fisheries Service.--The recommendation
includes $865,000,000 for National Marine Fisheries Service
(NMFS) Operations, Research, and Facilities.
NATIONAL MARINE FISHERIES SERVICE
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Protected Resources Science and Management:
Marine Mammals, Sea Turtles, and Other Species...... 68,000
Species Recovery Grants............................. 5,000
Atlantic Salmon..................................... 5,000
Pacific Salmon...................................... 42,000
---------------
Protected Resources Science and Management...... 120,000
===============
Fisheries Science and Management:
Fisheries and Ecosystem Science Programs and 120,000
Services...........................................
Fisheries Data Collections, Surveys, and Assessments 205,712
Observers and Training.............................. 50,000
Fisheries Management Programs and Services.......... 138,296
Aquaculture......................................... 19,244
Salmon Management Activities........................ 55,000
Regional Councils and Fisheries Commissions......... 45,715
Interjurisdictional Fisheries Grants................ 3,377
---------------
Fisheries Science and Management................ 637,344
===============
Enforcement............................................. 67,656
===============
Habitat Conservation and Restoration.................... 40,000
===============
Total, National Marine Fisheries Service, 865,000
Operations, Research, and Facilities...............
------------------------------------------------------------------------
Observation through Electronic Monitoring.--The Committee
believes that there are substantial benefits to the
implementation of Electronic Monitoring (EM) and Electronic
Reporting (ER) in U.S. fisheries. The Committee encourages NMFS
to clarify the ability for the Regional Observer & Monitoring
Programs to utilize their existing discretionary funding
toaugment human observers with observation tools, including EM/ER
technologies, that are cost-effective, vetted by the agency, and
appropriate for the regulatory needs of the region.
Fishery Information Networks.--Within the funding provided
for Fisheries Data Collections, Surveys, and Assessments, the
recommendation includes no less than $26,000,000 for the
Fishery Information Networks.
Adaptive Fisheries Management.--The Committee recognizes
the NMFS and the Regional Fishery Management Councils for their
critical role in adapting fisheries to changing ocean
ecosystems and supporting fishing-dependent communities. The
recommendation includes $16,000,000 for NMFS to provide
technical guidance, regional coordination, and support to the
Councils to incorporate climate considerations in the
development of fisheries regulations, implement climate-ready
management actions, maintain and restore fish stocks, and
support resilient fishing communities.
Fishery Research Management.--In 2017, Congress directed
funding for the Great Red Snapper Count study, involving
universities throughout the U.S. and employing the latest
fisheries survey technology. The study estimated the Red
Snapper population to be 2.5 times greater than the last
Federal stock assessment. To date, the study has not been
included in management advice by NMFS. Therefore, the
recommendation includes $5,000,000 to validate the Great Red
Snapper count data that is now six years old. Greater inclusion
of fisheries-independent estimates of reef fish like Red
Snapper can be used to help both State-based management
initiatives as well as objectively resolve discrepancies
between Federal management agencies and concerned stakeholders.
To guarantee compatibility of the proposed Great Red Snapper
Count and the previous count the group of investigators and the
methodology employed should be very similar to the prior effort
through the Gulf State Fisheries Management Council.
Fisheries Survey.--Within Fisheries Data Collections,
Surveys, and Assessments, the recommendation supports the
Northeast Area Monitoring and Assessment Program trawl surveys,
including the Maine-New Hampshire Inshore Trawl Survey, as well
as the Southeast Area Monitoring and Assessment Program's
existing surveys.
Oyster Resilience in the Northern Gulf of Mexico.--Oysters
are a critical part of the Gulf Coast ecosystems. A
collaborative effort that combines engineering, aquaculture,
restoration, and policy is needed to restore oyster reefs and
regenerate a profitable, resilient, and sustainable fishery.
The recommendation includes $2,000,000 for collaborative
academic research addressing oyster reefs in the Northern Gulf
Coast to investigate restoration success and close critical
knowledge gaps to oyster farming, restoration, food safety,
larval transportation in Little Dauphin Bay, and resilience to
sustainably strengthen oyster production.
Seafood Import Monitoring Program.--Section 11330 of the
fiscal year 2023 National Defense Authorization Act (Public Law
117-263) requires NOAA to publish a strategy to improve the
quality and verifiability of Seafood Import Monitoring Program
(SIMP) data six months after enactment. Section 11332 requires
NOAA to improve audits of SIMP data, required one year after
enactment. Section 11334 requires NOAA to submit a report on
SIMP to Congress 120 days after the end of each fiscal year.
The Committee notes that none of these deadlines have been met
by NOAA. The Committee urges NOAA to expediently comply with
these requirements.
State Management for Marine Fisheries in the Southeast.--
Within the amount provided for Fisheries Data Collections,
Surveys, and Assessments, the recommendation includes
$30,000,000 for NMFS to assist each of the States within the
South Atlantic and Gulf of Mexico Fishery Management Councils
that wish to develop or improve State recreational harvest data
collection programs to supplement, or if the State chooses,
supplant, the Marine Recreational Information Program (MRIP).
Each State shall serve as the lead in the program development
or improvement, with NMFS providing technical assistance and
necessary grant funding to ensure the State data collected is
consistent for catch monitoring and assessment needs and
produce results compatible with those from other States in the
region. These efforts shall be a top priority for NOAA and in
coordination with the Gulf and South Atlantic States.
South Atlantic Fisheries Independent Data Collection.--The
recommendation includes $3,500,000 to provide enhanced
fisheries independent data collection of South Atlantic reef
fish stocks conducted through the Southeast Fishery-Independent
Survey (SEFIS). Such data collection should occur throughout
the South Atlantic, specifically from Cape Canaveral, Florida,
through the western most point in the Florida Keys region to
ensure the South Atlantic Council has the best scientific
available information to base management decisions. The
Committee recognizes concerns by the State of Florida regarding
the incomplete data assessment concerning reef fish located off
the waters of Florida's Atlantic coast, including the Florida
Keys.
South Atlantic Reef Fish.--The Committee recognizes that
NMFS, the South Atlantic Fishery Management Council, and
numerous fishery stakeholders have raised concerns about the
reliability of Atlantic recreational red snapper discard data.
The results of the Marine Recreational Information Program
(MRIP) pilot study released by NMFS in September 2023 indicate
that recreational fishing effort is likely overestimated and
raises further concerns about the recreational fishery catch
and discard data used in SouthEast Data Assessment and Review
(SEDAR) 73. Given these concerns and the finding from SEDAR 73
that recreational red snapper discards are driving overfishing
of South Atlantic red snapper, and to ensure the best
scientific information available is used to inform South
Atlantic red snapper management, the Committee directs that a
third party scientific review of SEDAR 73 is necessary to
determine if SEDAR 73 is the best scientific information
available before NMFS issues any proposed rule or secretarial
action for the South Atlantic snapper grouper fishery that
contains quota decreases, an area closure, or any other action
that would limit access to the snapper grouper fishery to
address red snapper overfishing. The Committee also notes that
$3,300,000 has been invested in the South Atlantic Great Red
Snapper Count. The Committee continues to support full
integration of the South Atlantic Great Red Snapper Count data
into the next stock assessment so that the South Atlantic
Fishery Management Council can appropriately use this new
abundance data when making management decisions regarding red
snapper.
Gulf of Mexico Shrimp Fishing Effort.--The Committee
remains concerned that shrimp fishing effort data collection
and analysis in the Gulf of Mexico shrimp fishery will be
interrupted by the termination of 3G cellular transmission
service used by NMFS in its Electronic Logbook (ELB) program.
The Committee recognizes that this scientific data is essential
to the annual evaluation of the fishery's effects on sea turtle
and red snapper conservation mandates. Within the funding
provided in Fisheries Data Collections, Surveys, and
Assessments, the recommendation includes $850,000 for NMFS, in
consultation with the Gulf of Mexico Fishery Management Council
and shrimp industry stakeholders, to continue the development
and implementation of a newly approved ELB that archives vessel
position and automatically transmits scientific shrimp fishing
effort data via cellular service to NMFS. The Committee awaits
receipt of the report outlining progress made to develop and
implement the new ELB program requested in the Joint
Explanatory Statement accompanying Public Law 117-103.
Gulf of Mexico Fish Species.--The recommendation includes
$5,000,000 to establish a partnership with the Gulf States
Marine Fisheries Commission, to provide grants to academic
partners, including consortiums of universities, and other
partners to conduct fishery-independent research on
transboundary, multi-jurisdictional fish species in the Gulf of
Mexico for which current data is deficient (e.g. cobia,
tripletail, tarpon, and gray triggerfish), including species
that are solely managed by the Gulf States.
Threatened Marine Species.--NMFS is directed to report to
the Committee no later than 180 days after the enactment of
this Act, on the impacts on Federally endangered and threatened
marine species from Tijuana River outflows in the Pacific
Ocean.
Horseshoe Crab Trawl Survey.--Adequate data is required to
ensure States and interstate managers can effectively manage
the Horseshoe Crab population, 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 the Horseshoe Crab survey to generate the data
necessary to ensure that the Horseshoe Crab stock remains on a
sustainable path.
Understudied Whales.--The Committee encourages NMFS to
conduct surveys specific to understudied whales in potential
calving grounds, feeding areas, and migratory pathways to
estimate their abundance and distribution, during which
opportunistic data on other marine species may also be
collected.
Staffing Levels.--Although additional funding has been
provided to NOAA through the Infrastructure Investment and Jobs
Act (IIJA), Inflation Reduction Act (IRA), and appropriations,
the NOAA Fisheries West Coast Region, particularly in the
Pacific Northwest, continues to experience chronic
understaffing for Endangered Species Act (ESA) Section 7
consultations and stakeholder engagement leading to significant
project delays. Within existing funds, NOAA is encouraged to
prioritize increasing staffing capacity and staff retention
efforts for ESA Section 7 consultations, particularly in the
Pacific Northwest.
Port Everglades Assessment.--The Committee directs NMFS to
submit to the Committee a report, no later than 90 days after
the enactment of this Act, on the status of its review of the
Assessment submitted by the Army Corps of Engineers for the
Port Everglades Navigation Improvements Project in May 2024,
and further directs the Department to submit updates to the
Committee on a quarterly basis until the Department has
completed its review of the Assessment.
Shark Fin Sales Elimination Act.--The Committee directs
NOAA to expeditiously issue its plans and regulations for
implementing the Shark Fin Sales Elimination Act, which became
law on December 23, 2022, as part of the fiscal year 2023 James
M. Inhofe National Defense Authorization Act (Public Law 117-
263). NOAA is further directed to provide a report to the
Committee, no later than 90 days after the enactment of this
Act, describing any resource needs required to fully address
this issue, coordination with other Federal agencies, State and
local law enforcement and key stakeholders, and plans to raise
public awareness on how to report violations.
Hatchery and Genetic Management Plans.--Within the funds
provided for NMFS Protected Resources Science and Management,
the recommendation includes $7,000,000 to address the remaining
backlog of hatchery and genetic management plans (HGMPs) and
support implementation of approved HGMPs by state and Tribal
co-managers.
Office of Oceanic and Atmospheric Research.--The
recommendation includes $645,729,000 for Office of Oceanic and
Atmospheric Research (OAR) Operations, Research, and
Facilities.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Climate Research:
Climate Laboratories and Cooperative Institutes..... 104,102
Regional Climate Data and Information............... 22,000
Climate Competitive Research........................ 30,000
---------------
Climate Research................................ 156,102
===============
Weather and Air Chemistry Research:
Weather Laboratories and Cooperative Institutes..... 90,156
U.S. Weather Research Program....................... 31,334
Tornado Severe Storm Research/Phased Array Radar.... 21,905
Joint Technology Transfer Initiative................ 12,000
---------------
Weather and Air Chemistry Research.............. 155,395
===============
Ocean, Coastal, and Great Lakes Research:
Ocean Laboratories and Cooperative Institutes....... 39,500
National Sea Grant College Program.................. 80,000
Sea Grant Aquaculture Research...................... 14,000
Ocean Exploration and Research...................... 46,000
Integrated Ocean Acidification...................... 17,000
Sustained Ocean Observations and Monitoring......... 50,000
National Oceanographic Partnership Program.......... 1,001
---------------
Ocean, Coastal, and Great Lakes Research........ 247,501
===============
Innovative Research and Technology:
Innovative Research and Technology.............. 18,231
===============
Total, Office of Oceanic and Atmospheric 645,729
Research, Operations, Research, and Facilities.
------------------------------------------------------------------------
VORTEX-USA.--The recommendation includes no less than
$11,000,000 for VORTEX-USA, including no less than $10,500,000
for VORTEX-Southeast.
Ocean Exploration Research.--The recommendation includes
$46,000,000 for NOAA's Ocean Exploration and Research (OER).
Within the funding provided, OER is directed to continue
efforts to map and characterize the U.S. Exclusive Economic
Zone (EEZ) and Extended Outer Continental Shelf, including
maximizing the amount of funding provided for the Ocean
Exploration Cooperative Institute (OECI) at its proposed level
of $20,000,000. NOAA is encouraged to work with the Department
of Education and other relevant agencies to continue
fundamental ocean exploration in which open-source data is
collected for the oceanographic community and private
industries in real time through telepresence technology and
education research applications.
Fire Weather Development Act.--The recommendation includes
$20,000,000 for the purposes described in the Fire Weather
Development Act. $5,000,000 is included for the establishment
of a program to improve fire weather and fire environment
forecasting, detection, and delivery of products or services
through collaboration with Federal and State agencies or
departments, local emergency managers, and relevant entities.
$15,000,000 is included for the establishment of a Fire Weather
Testbed.
Ocean Exploration.--The recommendation includes up to
$6,000,000 to support the continued monitoring and research of
the dumping of waste from byproducts of the pesticide dichloro-
diphenyl-trichloroethane (DDT) and other industrial wastes at
the San Pedro Basin.
Climate Adaptation Partnership.--The recommendation
includes $20,000,000 for the Climate Adaptation Partnership
program.
Earth's Radiation Budget.--The Committee is aware of
commercial capabilities that could provide data that
drastically improves our understanding of Earth's radiation
imbalance. The recommendation includes $1,000,000 to study
radiation monitoring through the use of modern small satellite
constellations. NOAA is directed to report to the Committee no
later than 180 days after the enactment of this Act on possible
options for fielding solutions, including partnerships with the
private sector, to meaningfully improve our accuracy of the
Earth's radiation balance and ensure continuity of measurement.
Sub-Seasonal to Seasonal Precipitation Forecasts.--Of the
funds made available for the U.S. Weather Research Program, the
recommendation includes $15,000,000 for implementation of the
pilot project for winter sub-seasonal to seasonal precipitation
forecasts for water management in the western U.S., as
recommended in NOAA's report to Congress pursuant to Section
201 of the Weather Research and Forecasting Innovation Act of
2017 (Public Law 115-25). The pilot should be modeled after
NOAA's Hurricane Forecasting Improvement project, with a focus
on measurable objectives for operational forecast improvement
and should include forecasts of seasonal mountain snowpack
accumulation as well as total seasonal precipitation.
Subsurface Ocean Data to Improve Hurricane Prediction.--The
Committee encourages OAR to procure subsurface ocean profile
data to improve hurricane intensity prediction, by working with
industry to take advantage of the new profiling floats
sustainably powered by the ocean temperature difference.
National Weather Service.--The recommendation includes
$1,263,176,000 for National Weather Service (NWS) Operations,
Research, and Facilities.
NATIONAL WEATHER SERVICE
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Observations.......................................... 254,964
Central Processing.................................... 112,754
Analyze, Forecast and Support......................... 599,741
Dissemination......................................... 134,573
Science and Technology Integration.................... 161,144
=================
Total, National Weather Service, Operations, 1,263,176
Research, and Facilities.........................
------------------------------------------------------------------------
Aviation-Based Commercial Weather Data.--The Committee
provides an increase of $7,000,000 to the Aircraft Based
Observation Program to increase the use and deployment of
commercial aviation-based atmospheric data, with an emphasis on
water vapor data for numerical weather prediction improvement.
With this funding, the program will also ensure program
elements and data sources are adequately resourced for
increased data ingestion and addressing gaps in the program's
global coverage. No less than $5,000,000 shall be used to
deploy additional water vapor sensors from aircraft.
National Mesonet Program.--The recommendation includes
$30,000,000 for the National Mesonet Program to leverage large
investments by other sponsors, increase the number of
observations, include new types of data, and introduce
innovative capabilities to address capacity and geographic
coverage gaps. Emphasis should be placed on the boundary layer
of the atmosphere, marine zones, and select surface-based gap
filling networks. Of the funds provided, up to $1,500,000 may
be used for costs associated with the National Mesonet Program
Office. NOAA is encouraged to continue building out the
program's support team commensurate with the program's size and
scope. The Committee rejects the request to eliminate
approximately 1,200 observation platforms and instead directs
NOAA to sustain the current level of procurement of non-Federal
surface and near-surface mesonet observational data, with a
focus on university partnerships.
National Data Buoy Center.--The recommendation includes an
increase of up to $5,000,000 for the National Data Buoy Center
to support integration of capabilities with additional sources
of ocean data, including existing ocean observing networks and
commercially acquired data.
Severe Weather Gaps.--The Committee notes that weather gaps
are occurring in central and southern Kentucky and encourages
NOAA to utilize funding to fill gaps in addressing severe
weather issues in Central Appalachia.
Weather Radio Coverage.--The Administrator of the National
Oceanic and Atmospheric Administration shall report to the
Committee no later than 180 days after the enactment of this
Act on the extent to which NOAA Weather Radio coverage extends
to populated areas at risk of tsunamis and make the findings
available to the public. Additionally, the Committee strongly
encourages the Administrator to work closely with other
agencies, including the Federal Emergency Management Agency and
the Federal Communications Commission, to clarify and document
the responsibilities and decision-making process of the
agencies with respect to the use of the Integrated Public Alert
and Warning System to deliver tsunami alerts to the Emergency
Alert System.
Radar System Data.--The recommendation includes up to
$12,000,000 for the National Weather Service to purchase
weather radar data from private providers to supplement the
Service's existing radar systems in areas that lack strong
radar coverage.
Cooperative Institute for Research to Operations in
Hydrology (CIROH).--The recommendation includes $40,000,000
within Science and Technology Integration for the NWS to
continue to support the Cooperative Institute for Research to
Operations in Hydrology (CIROH). Within this funding, CIROH
shall continue to leverage the talent and diversity of its
consortium members to lead an interdisciplinary, systems-based
research approach that will seed new and improved operational
services for NOAA and NWS by improving our current
understanding of the water cycle and our ability to observe and
predict it. Additionally, the Cooperative Institute shall
continue to prioritize the cultivation of the next generation
of water resources scientists and engineers who will be needed
to tackle the 21st century water resources grand challenge.
Forecast Informed Reservoir Operation.--The Committee
applauds the combined efforts of the NWS, including the Office
of Water Prediction and the River Forecast Centers; the U.S.
Army Corps of Engineers; and partners within academia for
enabling initial operationalization of Forecast Informed
Reservoir Operation (FIRO). FIRO projects have proven
beneficial for improving water availability, flood risk
management, and improved drought resilience. Of the funds
provided for CIROH, the recommendation includes $4,000,000 to
establish a FIRO-dedicated Research and Operations Partnership
program involving academic partners, the NWS Office of Water
Prediction, and NWS River Forecast Centers in support of the
FIRO National Expansion Pathfinder project. Further, the
Committee rejects the proposal to terminate the expansion of
the Hydrologic Ensemble Forecast System given its importance to
supporting existing and future FIRO projects.
National Environmental Satellite, Data and Information
Service.--The recommendation includes $375,000,000 for National
Environmental Satellite, Data and Information Service (NESDIS)
Operations, Research, and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Office of Satellite and Product Operations....... 250,000
Product Development, Readiness and Application... 58,500
U.S. Group on Earth Observations................. 500
------------------
Environmental Satellite Observing Systems........ 309,000
==================
National Centers for Environmental Information....... 66,000
==================
Total, National Environmental Satellite, Data 375,000
and Information Service, Operations,
Research, and Facilities....................
------------------------------------------------------------------------
Uncrewed Systems Data.--The Committee recognizes the
importance of maximizing the utility of NOAA investments in the
collection of uncrewed systems (UxS) data. The recommendation
includes $5,000,000 to support the development of a Data
Assembly Hub for uncrewed systems. The Committee directs NOAA
to consider the National Centers for Environmental Information
(NCEI), through its Coastal Data Development program, as the
central repository to leverage existing co-located NOAA, U.S.
Navy, and academia partnerships, as authorized by the
Commercial Engagement through Ocean Technology Act (Public Law
115-394). Further, the Committee directs NOAA to continue to
consider the NCEI's Coastal Data Development program as the
central repository for managing data collections and
information services of the various Gulf of Mexico Restoration
activities funded in response to the 2010 Deepwater Horizon oil
spill. Furthermore, within NCEI, the Committee encourages NOAA
to fully support critical international partnerships, including
the Global Climate Observing System.
NESDIS Regional Support.--NESDIS is encouraged to consider
deploying more of its subject matter expertise regionally to
demonstrate new uses of satellite data and integrated
information systems to educate and partner with scientists and
users in local communities who can use and expand the
applications of the data and learn from those community users
in the process.
Real-time Retrospective Smoke Data.--The Committee is
concerned that wildfire smoke hazards have not been a core
consideration in the national wildfire strategy, despite the
fact that wildfires have a one hundred times greater mortality
rate from smoke than the wildfires themselves. The Committee
believes that real-time data on wildfire smoke levels would
improve Federal agencies' ability to develop strategies to
mitigate smoke hazards and allow the NWS to issue more accurate
and timely wildfire smoke alerts.
National Centers for Environmental Information.--Of the
sums provided for the National Centers for Environmental
Information, $6,100,000 shall be for the Regional Climate
Centers.
Mission Support.--The recommendation includes $350,000,000
for Mission Support Operations, Research, and Facilities.
MISSION SUPPORT
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Mission Support Services:
Executive Leadership............................. 28,230
Mission Services and Management.................. 166,000
IT Security...................................... 15,438
Payment to DOC Working Capital Fund.............. 50,000
Facilities Maintenance and Capital Improvements.. 6,250
Office of Space Commerce......................... 59,882
------------------
Mission Support Services..................... 325,800
==================
Office of Education:
BWET Regional Programs........................... 8,700
Jose E. Serrano Educational Partnership Program 10,000
with Minority Serving Institutions..............
NOAA Education Program Base...................... 5,500
------------------
Office of Education.......................... 24,200
==================
Total, Mission Support, Operations, Research, 350,000
and Facilities..............................
------------------------------------------------------------------------
Office of Space Commerce.--The Committee urges the Office
of Space Commerce (OSC) to provide dedicated funding and a plan
to leverage commercial, proven Space situational awareness
(SSA) processing software products and services to achieve full
operational capability to support Space Traffic Coordination.
As a critical enabler for this, the Committee further urges
that OSC commit a significant amount of funding specifically
tailored to the purchase of commercially available
capabilities, products, and services from the U.S. private
sector.
Office of Marine and Aviation Operations.--The
recommendation includes $407,591,000 for Office of Marine and
Aviation Operations (OMAO) Operations, Research, and
Facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Office of Marine and Aviation Operations:
Marine Operations and Maintenance................ 250,074
Aviation Operations and Aircraft Services........ 48,438
Autonomous Uncrewed Technology Operations........ 31,622
NOAA Commissioned Officer Corps.................. 77,457
==================
Total, Office of Marine and Aviation 407,591
Operations, Operations, Research, and
Facilities..................................
------------------------------------------------------------------------
Autonomous and Uncrewed Technology Operations.--The
recommendation includes $31,622,000 for Autonomous and Uncrewed
Technology Operations (AUTO). The Committee recognizes that the
OMAO has successfully leveraged commercially available uncrewed
maritime systems (UMS) and uncrewed aircraft systems (UAS)
capable of operating in a major hurricane to collect data in
support of NOAA's core mission areas, demonstrating the utility
and cost-effectiveness of purchasing ocean data. The Committee
supports NOAA's ongoing efforts and encourages NOAA to include
up to $20,000,000 for agency-wide data acquisition from
commercial uncrewed maritime systems in support of relevant
research and operational missions including hurricane intensity
forecasting, ocean carbon monitoring, fishery surveys, ocean
exploration, and hydrographic surveys.
Atmospheric Rivers Monitoring.--An increased understanding
of atmospheric rivers is critical to prepare for concentrated
rainstorms and flooding across the U.S. The recommendation
includes $4,000,000 for atmospheric rivers monitoring.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The recommendation includes $1,390,200,000 in direct
obligations for NOAA Procurement, Acquisition and Construction
(PAC), of which $1,378,200,000 is appropriated from the general
fund and $12,000,000 is derived from recoveries of prior year
obligations. The following narrative and table identify the
specific activities and funding levels included in this Act:
PROCUREMENT, ACQUISITION AND CONSTRUCTION
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
National Ocean Service:
National Estuarine Research Reserve Construction. 10,000
Marine Sanctuaries Construction.................. 8,500
------------------
Total, NOS--PAC.............................. 18,500
==================
Office of Oceanic and Atmospheric Research:
Research Supercomputing/CCRI..................... 50,000
Research Acquisitions and Management............. 18,500
------------------
Total, OAR--PAC.............................. 68,500
==================
National Weather Service:
Observations..................................... 16,200
Central Processing............................... 68,000
Dissemination.................................... 10,000
Facilities Construction and Major Repairs........ 10,000
------------------
Total, NWS--PAC.............................. 104,200
==================
National Environmental Satellite, Data and
Information Service:
Geostationary Systems--R......................... 83,005
Polar Weather Satellites......................... 342,410
Space Weather Follow On.......................... 39,735
Geostationary Earth Orbit........................ 150,000
Low Earth Orbit.................................. 66,400
Space Weather Next............................... 150,000
Systems/Services Architecture and Engineering.... 48,000
Common Ground Services........................... 120,000
Satellite CDA Facility........................... 2,450
------------------
Total, NESDIS--PAC........................... 995,000
==================
Mission Support:
NOAA Construction................................ 64,000
Office of Marine and Aviation Operations:
Fleet Capital Improvements and Technology 28,000
Infusion........................................
Vessel Recapitalization and Construction......... 93,000
Aircraft Recapitalization and Construction....... 7,000
------------------
Total, OMAO--PAC............................. 128,000
==================
Total, Procurement, Acquisition and 1,378,200
Construction............................
------------------------------------------------------------------------
Phased Array Radar Research and Development.--The
recommendation includes $35,000,000 for the procurement of a
phased array radar test article.
Joint Venture Partnerships.--The Committee applauds NOAA's
use of Broad Agency Announcements to investigate new
technologies for weather forecast improvement. The
recommendation includes up to $5,000,000 for NOAA to transition
its ongoing research with the private sector into a
competitively awarded demonstration for hyperspectral microwave
sounder technologies and data.
Vessel Construction.--The recommendation includes
$18,000,000 to be made available in the NOAA Vessel
Recapitalization and Construction line for the cost to complete
the Class A vessels based on revised economic assumptions.
Research Supercomputing.--The Committee recognizes the
high-performance computing needs of NOAA research and the
expanded computational resources necessary to maintain this
critical mission to the overall research needs of the Agency.
The recommendation includes $15,000,000 to continue to develop
a dedicated high performance computing facility consistent with
prior year direction.
PACIFIC COASTAL SALMON RECOVERY
The recommendation includes $65,000,000 for the Pacific
Coastal Salmon Recovery Fund (PCSRF).
FISHERIES DISASTER ASSISTANCE
The recommendation includes $300,000 for necessary expenses
of administering the fishery disaster assistance programs
authorized by the Magnuson-Stevens Fishery Conservation and
Management Act (Public Law 94-265) and the Interjurisdictional
Fisheries Act (title III of Public Law 99-659).
FISHERMEN'S CONTINGENCY FUND
The recommendation includes $349,000 for the Fishermen's
Contingency Fund. This funding is available to compensate U.S.
commercial fishermen for damage or loss caused by obstructions
related to oil and gas exploration and is derived from fees
collected by the Secretary of the Interior.
FISHERIES FINANCE PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2025, obligations of direct loans may
not exceed $12,000,000 for Individual Fishing Quota loans and
not to exceed $150,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936.
RECREATIONAL QUOTA ENTITY FUND
For carrying out the provisions of section 106 of the
Driftnet Modernization and Bycatch Reduction Act (title I of
division S of the Consolidated Appropriations Act, 2023 (Public
Law 117-328)), the National Oceanic and Atmospheric
Administration may assess and collect fees pursuant to such
section, which shall be credited to this account, to remain
available until expended, for the purposes specified in
subsection (b) of such section, in addition to amounts
otherwise available for such purposes.
Departmental Management
SALARIES AND EXPENSES
The recommendation includes $90,000,000 for Departmental
Management (DM) salaries and expenses, which is $4,500,000
below the fiscal year 2024 enacted level and $22,238,000 below
the request.
Office of Native American Business Development.--The
recommendation includes not less than $5,000,000 for the Office
of Native American Business Development.
Enforcement of the Animal Welfare Act.--The Committee
supports the Department's and the U.S. Department of
Agriculture's (USDA) Memorandum of Understanding and joint
commitment to enforcing the Animal Welfare Act (AWA). The
Department is directed to continue coordinating and
collaborating with USDA on AWA enforcement cases to ensure the
Department receives necessary information regarding AWA
violators, who have multiple citations that seriously or
adversely affect the health or well-being of an animal, in a
timely manner. The Department shall report to the Committee no
later than 90 days after the enactment of this Act on its AWA
enforcement actions.
Internship Program Reports.--The Committee directs the
Department to provide a report, no later than 270 days after
the enactment of this Act, specifying the number of unpaid
interns and volunteers who have worked at the Department
between fiscal year 2019 and fiscal year 2024, and to disclose
whether the agency needs authorization from Congress to pay
these individuals.
National Strategy to Combat Antisemitism.--The Committee
directs the Department to continue supporting the National
Strategy to Combat Antisemitism released on May 25, 2023.
Essential Medical Devices.--The Food and Drug
Administration (FDA) issued a safety communication in November
2023 warning consumers, health care providers, and health care
facilities to avoid syringes that are manufactured in China due
to quality and patient safety concerns around leaks, breakage,
and other problems. However, foreign needles and syringes,
particularly from China, continue to be imported into the U.S.
These products are being widely used throughout the U.S.
healthcare system despite the serious risks to patients and the
resulting erosion of the domestic manufacturing base. The
Committee strongly supports efforts to protect patient safety,
national security, and vulnerable domestic supply chains for
critical industries, like essential medical devices. The
Committee directs the Department to provide a report no later
than 360 days after the enactment of this Act, analyzing the
trends and amounts of essential medical devices imported from
China into the U.S. over the last five years, as well as
comparing it to the U.S. industrial base supply over that same
timeframe. The analysis should specifically address products
needed for immediate medical response, including needles,
syringes, blood collection, and personal protective equipment.
RENOVATION AND MODERNIZATION
The recommendation includes $1,142,000 for the DM
Renovation and Modernization account, which is equal to the
fiscal year 2024 enacted level and the request.
OFFICE OF INSPECTOR GENERAL
The recommendation includes $50,450,000 for the Office of
Inspector General (OIG), which is equal to the fiscal year 2024
enacted level and $2,900,000 below the request. The
recommendation is comprised of $48,000,000 in direct
appropriations and a $2,450,000 transfer from USPTO.
The Committee directs the OIG to continue its oversight
work on cybersecurity, telework, patent quality, the decennial
census, contract and grant fraud, and the business application
system modernization.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes the following general
provisions for the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department of Commerce
salaries and expenses available for hire of passenger motor
vehicles, for services, and for uniforms or allowances as
authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may deter child pornography, copyright
infringement, or any other unlawful activity over their
networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration with certain authority to enter into cooperative
agreements.
Section 111 sets limitations on the Department's ability to
obligate unobligated balances of expired discretionary funds
transferred to the Nonrecurring Expenses Fund.
Section 112 allows the NOAA Administrator to establish an
alternative or fixed rate for relocation allowance, including
permanent change of station allowance.
TITLE II
DEPARTMENT OF JUSTICE
Justice Operations, Management, and Accountability
SALARIES AND EXPENSES
The recommendation includes $113,000,000 for Justice
Operations, Management, and Accountability, Salaries and
Expenses, which is $29,000,000 below fiscal year 2024 and
$50,905,000 below the request.
Timely Responses to Committee Inquiries and Reporting
Deadlines.--The Committee directs the Department to respond to
all Questions for the Record and requests for reports or
briefings described in this report by the designated deadline
with all required information.
McGirt v. Oklahoma.--The Committee recognizes the workload
increases for Federal agencies resulting from the Supreme
Court's McGirt v. Oklahoma decision in 2020. The Federal
responsibility for prosecuting many serious offenses involving
Indian offenders or victims in eastern Oklahoma increased
personnel needs of the U.S. Attorney's Office (USAO), Federal
Bureau of Investigation (FBI), U.S. Marshal Service (USMS),
Drug Enforcement Administration (DEA), Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF), and the Bureau of
Prisons (BOP). While the Department outlined funding requests
specifically for McGirt-related needs in its fiscal year 2023
budget submissions, the fiscal year budget submissions for
fiscal year 2024 and 2025 make no such mention of McGirt-
related needs. Fortunately, upon request, the Department was
finally able to share figures reflecting the need for McGirt-
related increases for fiscal year 2025. The Committee directs
the Department to ensure all McGirt-related needs are met in
fiscal year 2025, and further directs the Department to
allocate no less than the fiscal year 2024 enacted levels for
McGirt-related activities, by component. The Department is
directed to keep the Committees apprised of any additional
resources or needs relating to McGirt, and, no later than 90
days after the enactment of this Act, the Department shall
update and submit the report required under this heading in the
Joint Explanatory Statement accompanying Public Law 117-328.
American-Made Drones.--Law enforcement agencies around the
country are wisely deploying non-lethal drone technology to
improve their response to emerging and ongoing threats and the
Committee supports Federal law enforcement in their efforts to
do the same. The Committee directs the Department to acquire
non-lethal, American-made drones, and to do so in compliance
with section 848 of Public Law 116-92 and section 817 of Public
Law 117-263. The Committee urges the Department to acquire such
technology that allows for two-way communication, daytime and
night vision capabilities, thermal and LiDAR sensors, and mesh
networking capabilities to support Federal law enforcement
activities.
Organized Crime Drug Enforcement Task Force.--The Organized
Crime Drug Enforcement Task Force (OCDETF) is a critical
element of the Department's efforts to combat illicit narcotics
by using a prosecutor-led, multi-agency approach to counter-
drug and counter-transnational-crime enforcement. The status
quo with the border crisis due to the administration's
irresponsible policies will only continue to further empower
cartels and transnational crime organizations, and OCDETF must
continue to have adequate support in their investigative and
prosecutorial operations. The Committee encourages all current
participating Department agencies to contribute the maximum
available to OCDETF efforts, within resources provided.
Small Business Contracting.--The Committee acknowledges the
pivotal role qualified small businesses play in bolstering
local economies and their ability to operate in underserved
regions across the Nation. For aircraft support engagements
involving ground repairs, and the management of maintenance,
repair, and overhaul services, the Committee encourages the
Department to prioritize contracting with small businesses.
Furthermore, recognizing the paramount importance of aviation
safety, the Committee encourages the Department to ensure that
any vendor providing these services be a Federal Aviation
Administration (FAA) Section 145 compliant entity. By fostering
opportunities for small businesses while upholding stringent
safety regulations, the Committee aims to strike a balance
between economic growth and unwavering commitment to aircraft
safety. This approach not only supports local economies and job
creation but also maintains the highest standards of
operational excellence.
Animal Welfare Act Coordination.--The Committee supports
the Department's efforts to coordinate with the U.S. Department
of Agriculture (USDA) regarding enforcement of the Animal
Welfare Act (AWA). The Department is directed to continue
coordinating and collaborating, in a timely manner, with USDA
on AWA enforcement cases to ensure the Department receives
necessary information regarding AWA violators who have multiple
citations that seriously or adversely affect the health or
well-being of an animal. The Committee directs the Department
to report to the Committee no later than 90 days after the
enactment of this Act on its AWA enforcement actions.
Digital Evidence.--The Department is directed to brief the
Committee, no later than 90 days after the enactment of this
Act, regarding the use of evidence from digital devices in the
course of investigations conducted by the Department and its
law enforcement components. The briefing should address
opportunities and challenges the Department is currently facing
within the following areas: current backlog of processing
digital evidence, training requirements for digital forensic
examiners and agents that use digital evidence in criminal
investigations, any barriers or other impediments, technical,
legal or otherwise, to sharing digital evidence between
components or between Federal, State and local governments, and
State and local law enforcement partners, including any gaps in
resources, or other related topics.
Opioid Reduction Task Force.--The Committee directs the
Department to enter into agreements with the Department of the
Interior to reinstitute the Opioid Reduction Task Force created
in March 2018, by the Department of the Interior. The task
force's goal will be to dismantle and disrupt opioid and heroin
distribution networks in Indian Country by identifying
individuals involved in the transportation, sale, distribution
and use of illegal opioids based on intelligence obtained from
cooperating sources, law enforcement interdiction activities,
and current and historical drug trends, and to use that
obtained information to further complex drug investigations
targeting those identified opioid distribution networks. The
Committee directs the Department to submit a report on the
revival of the task force no later than 60 days after the
enactment of this Act.
Agency-Wide Review.--The Committee directs the Department
to conduct an agency-wide review and submit a report, no later
than 120 days after the enactment of this Act, detailing their
efforts to better fulfill the Department's Federal trust
responsibilities to preventing and combating crimes, including
illegal drug operations, on Tribal land. The Committee further
directs the Department to examine, as part of the agency-wide
review, staffing at agency field offices, shortages of field
offices, and response times regarding crimes on Tribal lands.
Advanced Analytics.--The Department's law enforcement
components increasingly rely on the analysis of a large volume
of information, including open source information, in the
conduct of investigations and the execution of their public
safety missions. Within the funding recommendations for each
relevant agency, the Committee directs the Department to
implement software using advanced analytics to correlate open
source, commercial, and native agency data. Advanced analytics
and data correlation can act as a force multiplier for each
agency, supplementing and providing investigative leads and
increasing the velocity of investigations. The Committee
directs each agency to implement software using advanced
analytics consistent with constitutional protections.
Combating Counterfeit Goods.--The Committee is concerned
with the illegal trade in counterfeit and pirated goods
globally. The sale of counterfeit goods reduces incentives for
businesses to enter the marketplace, increases the risk to
public safety by potentially introducing banned or harmful
substances into the marketplace, supports illegal labor
practices, and is a threat to the U.S. economy. Moreover, the
sale of counterfeit goods often funds other illegal or illicit
activity. The Committee directs the Attorney General's
Subcommittee on Cyber and Intellectual Property and the
Computer Crime and Intellectual Property Section to coordinate
with the Department of Homeland Security. This coordination
would increase awareness across the government on the threat
posed by trafficking in counterfeit goods through e-commerce.
The Committee directs the Department to provide a report, no
later than 60 days after the enactment of this Act, outlining
efforts taken by the Department to combat the illegal trade in
counterfeit and pirated goods globally and any resource
limitations the Department may face.
Office of Legal Counsel Opinions.--The Committee encourages
the Attorney General to publish all legal opinions and other
materials of the Office of Legal Counsel that are appropriate
for publication, in particular those materials which are the
subject of repeated requests or which may be of public or
historical interest.
Employee Misconduct.--The Committee is concerned that some
current Department of Justice employees are not adhering to the
high ethical standards implemented by the Department and that
the Department has not provided adequate reprimand of
misconduct by employees. TheCommittee directs the Department to
provide a report, no later than 180 days after the enactment of this
Act, on how many Department employees have been charged with or
convicted of a felony since January 1, 2021, and (1) remain employed by
the Department, (2) maintain an active security clearance at any level,
(3) continue to work on investigations, or (4) have been terminated by
the Department.
Settlement Agreement Oversight.--The Committee directs the
Department to provide to the Committee on Appropriations and
the Committee on the Judiciary, no later than 60 days after the
enactment of this Act, all documents and communications between
or among employees of the Department referring or relating to
the decision to provide social services to illegal aliens and
limit prosecution of certain illegal aliens as part of the
settlement agreement filed on October 16, 2023, in the case of
Ms. L., et al. v. U.S. Immigration and Customs Enforcement, et
al., Case No. 18-10 cv-00428 (S.D. Cal.).
Security Clearance Procedures.--The Committee directs the
Department to, no later than 30 days after the enactment of
this Act, submit a report to the House Committee on
Appropriations and the House Committee on the Judiciary
certifying that all relevant Department of Justice policies and
procedures, including DOJ Instruction 1700.00.01 (March 2018),
are in compliance with section 3341 of title 50, United States
Code, and Security Executive Agent Directive 9 (May 28, 2022),
and that all recommendations made by the Department's Office of
Inspector General's Management Advisory Memorandum 24-067 (May
9, 2024), have been adopted.
Federal Law Enforcement Operations in the U.S. Caribbean.--
The Committee remains deeply troubled by the pervasively high
homicide rates in Puerto Rico and the U.S. Virgin Islands and
is concerned that such crime is linked to illegal narcotics
trafficking in the U.S. Caribbean. The Committee expects OCDETF
to continue prioritizing resources and joint operations of the
DEA, FBI, and USMS to identify, dismantle, and prosecute drug
trafficking and money laundering organizations in the region,
including through the Caribbean Corridor Strike Force, the
OCDETF co-located strike force in Puerto Rico.
Recusal Policies.--The Committee directs the Department to
submit, no later than 60 days after the enactment of this Act,
a report regarding the number of instances of recusal with
respect to officers or employees of the Department since
January 1, 2020. The Committee directs the Department to
include in the report the reason for any recusal, and a
description and summary of any instance in which an officer or
employee did not recuse in matters involving a former client,
or where recusal was recommended but the officer or employee
was not recused. In submitting this report, the Committee
directs the Department to comply with Privacy Act (Public Law
93-579) requirements and redact details, as necessary, to
protect the fair and impartial administration of justice.
Office of Inspector General Referrals.--The Committee
directs the Department to work with the Office of Inspector
General to improve transparency on the number of OIG referrals
declined for prosecution. For each OIG semiannual reporting
period, the Committee further directs the Department to review
the data provided by the OIG under section 5 U.S.C. Sec.
405(b)(17) of the Inspector General Act, and in its
transmission of the semiannual report under section 405(c) of
such Act, to provide a statistical table showing the number of
OIG referrals that were declined for prosecution, including, if
practicable, an explanation of why cases were declined for
prosecution.
Antisemitism.--The Committee directs the Department, no
later than 60 days after the enactment of this Act, to release
a public report detailing its plans to implement the National
Strategy to Combat Antisemitism.
Pregnancy Center Vandalism.--The Committee recognizes that
pregnancy centers are community-based, non-profit organizations
that provide compassionate support and resources to women and
couples facing unexpected pregnancy and offer life-affirming
alternatives to abortion. The Committee understands that,
according to the Charlotte Lozier Institute, in 2019,
approximately 2,700 pregnancy centers across the U.S. served
nearly 2 million individuals, providing support services and
materials with an estimated value of nearly $270,000,000. The
Committee directs the Department to submit, no later than 90
days after the enactment of this Act, a report providing the
following information:
1. Any definition of the term ``domestic violent
extremism'' used within the Department;
2. Any terms similar to ``domestic violent extremism'' and
a definition for each such term that the Inspector General
finds to be used by within the Department;
3. A list of nongovernmental organizations that were
consulted in identification of terms under paragraphs (1) and
(2);
4. The criteria for opening, managing, and closing
investigations related to domestic violent extremism;
5. Standard operating procedures or policies and practices
at the Department with respect to the review, prioritization,
and mitigation of threats related to domestic violent extremism
in the United States;
6. The extent to which information relating to domestic
violent extremism is shared within and between the Federal
Government, State, local, Tribal, territorial and foreign
governments, nongovernmental organizations, and the private
sector;
7. Documented examples of compliance by the Department with
privacy, constitutional, and civil rights with respect to
pregnancy care centers' ability to operate;
8. A list of documented incidents of domestic violent
extremism against pregnancy centers during the period beginning
May 1, 2022, and ending on the date of the enactment of this
Act;
9. To the extent practicable, any information on each group
that has claimed responsibility for, or has otherwise been
identified by law enforcement as suspected of, defacing,
violating, or damaging pregnancy centers, including a list of
all pregnancy center-related crimes for which a group has
claimed responsibility;
10. The Department's response to, and assessment of,
pregnancy center-related crimes (with a classified annex, if
necessary), including the Department's role in monitoring these
events, the Department's determination as to whether the
perpetrators meet the definition of ``domestic violent
extremists'' used by the Department, and whether a prosecution
was initiated; and
11. An assessment of current Department programs under
which funding could potentially be awarded to protect pregnancy
centers from criminal activity.
Department of Justice Firearms and Ammunition.--The
Committee directs the Department to report to the Committee on
the number of firearms and the amount of ammunition in the
possession of the Department of Justice, by component, no later
than 60 days after the enactment of this Act. In the case of
firearms data, the Committee directs the Department to
disaggregate such data by manufacturer, model, caliber, and
type, and include serial numbers. In the case of ammunition
data, the Committee directs the Department to disaggregate such
data by caliber and quantity.
Customer Experience.--The Committee continues to support
efforts to improve agency customer experience. The Committee
directs the Department to develop standards to improve customer
experience and incorporate the standards into the performance
plans required under 31 U.S.C. 1115. The Committee further
directs the Department to report on its implementation plans
regarding this subject no later than 60 days after the
enactment of this Act.
Funding Impact.--The Committee directs the Department to
submit a report, no later than 60 days after the enactment of
this Act, detailing the impact on the Three Percent Fund if the
category of cases allowed under such fund were expanded to
include proceeds from fines or penalties associated with any
litigation or action taken against any person or business that
manufacturers, sells, imports, or distributes electronic
nicotine vaping products not authorized by the Food and Drug
Administration (FDA) for legal sale in the United States.
Illegal Vape Products from China.--The Committee is
concerned that over the past three years, a drastic increase in
illegal flavor vape products have flooded into the United
States, almost exclusively from China. The Committee instructs
the Department of Justice, in coordination with U.S. Customs
and Border Protection, the FDA, and other relevant agencies, to
report every six months on enforcement actions taken to halt,
reduce, and prevent illegal electronic nicotine delivery system
(ENDS) products from entering the stream of commerce within the
United States, including: (1) any and all civil or criminal
actions filed in Federal court, including actions seeking
injunctions, seizures, or forfeitures of ENDS products, as well
as the brands subject to any such injunction, seizure, or
forfeiture; (2) the volume of ENDS products seized at ports of
entry; (3) civil monetary penalties imposed on ENDS product
manufacturers, distributers, or retailers and whether such
civil monetary penalties were assessed at maximum levels; and
(4) all other ENDS enforcement actions.
Next Generation Digital Service to Meet Investigative
Demands.--At a time when criminal organizations are employing
increasingly sophisticated technologies to evade detection, the
Committee believes the Justice Department must be equipped with
innovative technologies to keep pace. Image recognition
services, used by the FBI and the USMS, have achieved higher
levels of accuracy thanks to AI-enabled training programs and
are an important example. Components within the Department may
be employing these technologies to cope with the increasing
complexity of modern criminal activity. No later than 120 days
after the enactment of this Act, the Department is directed to
report to the Committee on the Department's utilization of
image recognition technology. This report shall include a list
of agencies within the Department that are using image
recognition systems, the extent to which these systems are
improving their ability to complete their mission, policies and
procedures each agency follows for the use of such systems, and
the Department's evaluation of the accuracy of the algorithms
employed.
U.S. Coordinator of Caribbean Firearms Prosecutions
Oversight.--The Committee recognizes that in June 2023, the
Department announced a new Coordinator for Caribbean Firearms
Prosecutions as part of a bilateral partnership to prioritize
the disruption of illicit firearms trafficking. No later than
90 days after the enactment of this Act, the Committee directs
the Attorney General, in coordination with the Secretary of
State, and any other agency determined necessary by the
Attorney General, to submit a report to the Committee that
includes a comprehensive review of the actions taken by the
U.S. Coordinator for Caribbean Firearms Prosecutions of the
Department of Justice, including any coordination efforts with
domestic and international law enforcement agencies. The
Committee also directs that the report identify the resources
committed to this effort in fiscal year 2025.
Data Collection on Prison Transfers and Assaults.--The
Committee directs the Bureau of Prisons (BOP), and any
recipient of grant funds for the purposes of maintaining,
improving, or providing services for a prison, to maintain data
on the number of transfer requests from a facility housing one
biological sex to the opposite biological sex, including how
many requests have been approved or denied by BOP or the grant
recipient, and the number of assaults committed by transgender
inmates on female inmates in custody. No later than 180 days
after the enactment of this Act, the Committee directs the
Department to submit a report detailing this information.
FACE Act Enforcement.--The Committee is concerned about the
Department's failure to enforce the Freedom of Access to Clinic
Entrances Act (FACE Act) (Public Law 103-259) for targeted
attacks against religious organizations and pro-life pregnancy
centers, while actively using authority under the FACE Act to
prosecute individuals who protest outside abortion clinics. The
Committee notes that the Department has failed to prosecute
violations of the FACE Act committed against places of
religious worship and has prosecuted few violations of the FACE
Act committed against pro-life health facilities. The Committee
directs the Department to submit, no later than 90 days after
the enactment of this Act, on how many arrests meet the
criteria under the FACE Act, whether arrests resulted in a
prosecution, the venue the offense occurred, and what standards
the DOJ uses to make the decision to pursue charges under the
FACE Act.
Workforce Wellness and Suicide Prevention.--The Committee
recognizes the importance of workforce wellness and suicide
prevention efforts for our frontline personnel and is concerned
that there is a lack of data that tracks trends within the
Department to best understand the issue as a whole. The
Committee directs the Department to assess the number of
employee wellness services utilized across the Department over
the last five years and to report on the number of employee
suicides in that same timeframe by component. The Department is
urged to work with other Federal law enforcement partners such
as the Department of Homeland Security who have already
explored wellness programs and suicide prevention services.
Further, the Department should explore opportunities to
establish partnerships with other Federal agencies and State,
local, tribal, and territorial entities, especially within the
law enforcement and first responder communities, to improve and
expand service offerings.
Hamas Arrest and Extradition.--The Committee directs the
Department and the Federal Bureau of Investigations (FBI), no
later than 60 days after enactment of this Act, to report on
efforts to indict, extradite and arrest members of Hamas,
including Hamas leadership, who were involved in the October 7,
2023 terrorist attack in Israel. The Committee directs the
Department and FBI to utilize funds made available under this
act to forcefully engage with the State of Qatar to begin the
process of arrest and extradition of Hamas' external leadership
to be prosecuted in the United States for their crimes.
Illegal Streaming.--Streaming has fast become a dominant
distribution medium for copyrighted works--both through legally
licensed means and illegal piracy services. In response to
requests from the Department, Congress passed strong
protections against unauthorized streaming as part of the
Consolidated Appropriations Act, 2021 (Public Law 116-260). The
Committee directs the Department to prioritize streaming piracy
cases and to detail within existing reports on copyright
enforcement activities the actions it brings under section
2319C of title 18, United States Code.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $38,000,000 for Justice
Information Sharing Technology, which is $8,000,000 above
fiscal year 2024 and $164,395,000 below the request.
Executive Office for Immigration Review
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $760,000,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is
derived by transfer from the U.S. Citizenship and Immigration
Services Immigration Examinations Fee Account. The
recommendation is $84,000,000 below fiscal year 2024 and
$221,133,000 below the request.
Immigration Case Backlog.--EOIR's current, untenable
immigration case backlog surpassed 3 million cases in November
2023, a 135 percent increase from March 2021. Such an extreme
backlog delays justice and due process--for years, in many
instances--for those who have a valid claim to immigration
benefits. The Committee directs the Department to implement
performance metrics for Immigration Judges, Assistant Chief
Immigration Judges, and Appellate Immigration Judges that are
linked to the performance appraisal program directive contained
in the Joint Explanatory Statement accompanying Public Law 118-
42 under the heading ``Immigration Case Backlog.''
Disposition of EOIR Adjudications.--The Committee directs
EOIR, in coordination with the Department of Homeland Security
(DHS), to brief the Committees on Appropriations and the
Judiciary, no later than 120 days after the enactment of this
Act, on the steps that DHS and the Department are taking to
effectuate and enforce final orders of removal made by EOIR
immigration judges and any challenges EOIR and DHS face in this
process. Additionally, the Committee directs EOIR, in
collaboration with DHS, to provide, no later than 90 days after
the enactment of this Act, and monthly thereafter throughout
fiscal year 2025, a report with metrics on the number of final
orders of removal issued by EOIR that have resulted in actual
removals by DHS during the previous month. The Committee
further directs EOIR to include in the report a description of
instances in which removals have not been effectuated due to
external circumstances, including recalcitrant countries, visa
sanctions, stays of removal, grants of withholding of removal
under section 241(b)(3) of the Immigration and Nationality Act,
grants of withholding of removal under the regulations
implementing the Convention Against Torture, grants of deferral
of removal under the regulations implementing the Convention
Against Torture, and court orders. The report should include
data on the number of cases that fit within, at a minimum, each
category of cases described above in which final orders have
not been effectuated due to such external circumstances. The
Committee further directs EOIR to report to the Committees,
monthly throughout fiscal year 2025, the number of cases,
disaggregated by category, that have been terminated,
administratively closed, or dismissed.
Remote Work Policy.--The Committee directs EOIR to
implement a policy, no later than 30 days after the enactment
of this Act, requiring the EOIR Director, Deputy Director,
Chief Immigration Judge, and any officials acting in such
roles, to spend 95 percent of their working hours working from
the physical headquarters of either EOIR or the Office of the
Chief Immigration Judge. The Committee directs EOIR to
implement and submit, no later than 90 days after the enactment
of this Act, a remote work policy for all remaining employees
of the office.
Immigration Performance Dashboard.--The Committee Directs
EOIR to submit to the Committees on Appropriations and the
Judiciary, no later than 90 days after the enactment of this
Act, all data from the immigration judge performance dashboard.
Immigration Judge Performance.--The Committee directs EOIR
to provide the Committees on Appropriations and the Judiciary,
on a monthly basis, the number of immigration judges who did
not hear cases during the previous month.
Children's Cases.--The Committee directs EOIR to submit a
report, no later than 90 days after the enactment of this Act,
detailing the implementation status of EOIR's Memorandum on
Children's Cases in Immigration Court. The report shall address
the name and number of immigration courts implementing juvenile
dockets, and training that has been provided to juvenile docket
judges.
Terminated Immigration Judges.--The Committee directs EOIR
to provide to the Committees on Appropriations and the
Judiciary a report, no later than 30 days after the enactment
of this Act, including all documents and communications
referring or relating to the hiring and termination procedures
for immigration judges for the period of January 20, 2021, to
the date of the enactment of this Act. The report should also
include all documents and communications referring or relating
to the decisions to terminate the employment of each
immigration judge whose employment was terminated during or at
the end of their probationary period, or whose position was not
converted to a permanent position, between January 20, 2021,
and the date of the enactment of this Act, sent or received by
any of the following individuals:
1. Attorney General Merrick Garland;
2. Deputy Attorney General Lisa Monaco;
3. Principal Deputy Assistant Attorney General Brian
Boynton;
4. Former Director of the Executive Office for
Immigration Review David Neal;
5. Former Deputy Director and Current Acting Director
of the Executive Office for Immigration Review Mary
Cheng;
6. Former Chief Immigration Judge Tracy Short;
7. Regional Deputy Chief Immigration Judge Daniel
Weiss;
8. Senior Counsel to the Deputy Attorney General
Margy O'Herron;
9. Assistant Chief Immigration Judge Rebecca Walters;
10. Assistant Chief Immigration Judge David Cheng;
11. Former Acting Deputy Director of the Executive
Office for Immigration Review Charles Adkins-Blanch;
and
12. Chief Immigration Judge Sheila McNulty.
Video Teleconferencing.--EOIR shall continue to follow the
directives in the Joint Explanatory Statement accompanying
Public Law 116-260 related to Video Teleconferencing,
Interpretation Transparency, and EOIR Immigration Judge Hiring
and Financial Accountability. EOIR is further directed to
continue to follow the provisions of House Report 116-455
requiring the agency to break out data on its Workload and
Adjudication Statistics into Migrant Protection Protocols (MPP)
and non-MPP statistics. The Committee directs EOIR to provide
an update on its plans to follow the mandates in House Report
116-455 to track the appearance rates of individuals placed
into removal proceedings, by determining the percent of
individuals who attended scheduled hearings in any given
quarter, regardless of whether the hearing resulted in a
completion.
Office of Inspector General
The recommendation includes $144,000,000 for the Office of
Inspector General (OIG), which is $5,000,000 above fiscal year
2024 and $22,590,000 below the request.
Audits of Grant Programs.--The Committee directs the OIG to
thoroughly audit the Department's grantmaking components and
provide quarterly reports to the Committee regarding the
Department's implementation of grant programs.
Crime Victims Fund Oversight.--In addition to the transfer
included in section 510 of the bill, the recommendation
includes $5,000,000 for the OIG to perform oversight and
auditing of the Crime Victims Fund.
United States Parole Commission
SALARIES AND EXPENSES
The recommendation includes $14,000,000 for the salaries
and expenses of the United States Parole Commission, which is
equal to fiscal year 2024 and $1,530,000 below the request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $988,500,000 for General Legal
Activities, which is $101,500,000 below fiscal year 2024 and
$205,993,000 below the request. Of the amounts made available
under this heading, no less than $6,000,000 shall be allocated
to INTERPOL Washington to support the International Child
Sexual Exploitation Database (ICSE) and INTERPOL's victim
identification efforts globally; no less than $20,000,000 shall
be allocated to the Trade Fraud Task Force, within the Criminal
Division, to carry out Task Force activities, including
prosecuting entities found to be in violation of the Uyghur
Forced Labor Prevention Act (UFLPA) particularly in high-
priority sectors, transshipment of goods, evasion of tariffs,
trade-based money laundering, and other trade-related crimes;
no less than $19,200,000 shall be allocated to the Criminal
Division to combat child exploitation; and no less than
$2,500,000 shall be allocated to the Computer Crime and
Intellectual Property Section, within the Criminal Division.
The Committee has provided separate funding recommendations by
office and decision unit as follows:
Office of the Solicitor General....................... $12,000,000
Tax Division.......................................... $106,000,000
Criminal Division..................................... $237,700,000
Civil Division........................................ $316,000,000
Environment and Natural Resources Division............ $102,650,000
Office of Legal Counsel............................... $8,000,000
Civil Rights Division................................. $146,650,000
Office of Access to Justice........................... $0
INTERPOL.............................................. $55,000,000
Office of Pardon Attorney............................. $4,500,000
-----------------
Total, General Legal Activities..................... $988,500,000
Deinstitutionalization.--The Committee notes the nationwide
displacement of vulnerable persons from institutional programs
caused by litigation or the threat of litigation. The Committee
also notes that in Olmstead v. L.C., a majority of the Supreme
Court held that the Americans with Disabilities Act (Public Law
101-336) does not condone or require removing individuals from
institutional settings when they are unable to handle or
benefit from a community-based setting, and that Federal law
does not require the imposition of community-based treatment on
patients who do not desire it. The Committee directs the
Department to initiate a comprehensive investigation into
deaths that followed settlement-ordered transitions from
licensed intermediate care facilities for persons with
intellectual and developmental disabilities (ICFs/IDD). The
Committee further directs the Department to suspend activities
aimed at displacing fragile Americans from intermediate care
facilities for persons with ICFs/IDD which are in compliance
with Federal and State licensure requirements. The Committee
remains concerned that the deinstitutionalization stance taken
by both Federally-supported Developmental Disabilities
Assistance Act (Public Law 106-402) programs, and the
Department in its related prosecutorial discretion, impact
individuals who may be unable to handle or benefit from
community integration and do not desire such care. The
Committee strongly urges the Department to ensure that the
Civil Rights Division properly accounts for the needs and
desires of ICFs/IDD patients, their families, caregivers and
legal representatives, andthe importance of affording patients
the proper setting for their care, in the enforcement of Public Law
101-336 and the Olmstead decision.
INTERPOL Database.--The Committee expresses concern that
over 2.6 million images of ``unknown'' victims of child sexual
abuse material (CSAM) reside in INTERPOL's ICSE database. Of
the 2.6 million unknown images, more than 57,000 children wait
to be identified and safeguarded. The Committee directs the
Department to support modernization of the ICSE database, and
to support training and operations for victim identification
efforts.
Litigation Strike Team.--The Committee directs the
Department to create a litigation strike team to address
litigation against national forest restoration projects in U.S.
Forest Service Region One. This strike team shall be composed
of four litigators from the Environment and Natural Resources
Division: two litigators from the Natural Resources Section and
two litigators from the Wildlife Section to focus specifically
on litigation against national forest restoration projects in
U.S. Forest Service Region One. Such litigators should have
extensive experience with litigation in Region One or
litigation against national forest restoration projects. The
Committee expects the litigation strike team to consult with
U.S. Department of Agriculture Office of the General Counsel
and relevant U.S. Forest Service staff in Region One on pending
litigation and planned national forest restoration projects no
less than six times per year beginning 30 days after the
enactment of this Act.
International Trade Crimes.--The Committee is concerned
with increases in international trade crimes and directs the
Department to utilize the Criminal Division to increase the
Department's investigative capabilities with respect to the
detection, investigation, and prosecution of trade-related
crimes, including violations of law undertaken in furtherance
of the evasion of duties, tariffs, restrictions, or
requirements imposed by the Uyghur Forced Labor Prevention Act,
the Tariff Act of 1930, the Trade Expansion Act of 1962, and
the Trade Act of 1974. The focus shall be on enhancing
nationwide responses to transshipment and other trade-related
crimes, including assisting other Federal agencies and State,
local, and Tribal law enforcement agencies with trade-related
prosecutions; and collaborating with international and private
sector partners to detect, investigate, and prosecute
transshipment and trade-related crimes. The Committee further
directs the Criminal Division to brief the Committee, no later
than 60 days after the enactment of this Act, on the progress
made to carry out this directive.
Report on Department of Justice Settlements.--The Committee
directs the Department to submit a report no later than 180
days after the enactment of this Act, including any and all
information, communications, records, publications, or
decisions related to settlements made or offered with regard to
any penalties, fines, or payments since January 1, 2009. The
Committee further directs the Department to submit such report
to the Committee on the Judiciary on a quarterly basis and make
it available on a publicly accessible website.
VACCINE INJURY COMPENSATION TRUST FUND
The Committee recommends a reimbursement of $31,738,000 for
Department expenses associated with litigating cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), which is $9,038,000 above the fiscal year 2024 enacted
level and $5,000,000 below the request.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The recommendation includes $192,776,000 for the Antitrust
Division (ATR). This appropriation is offset by estimated pre-
merger filing fee collections. The recommendation is
$40,224,000 below fiscal year 2024 and $95,224,000 below the
request.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The recommendation includes $2,312,000,000 for the
Executive Office for United States Attorneys and the 94 United
States Attorneys' offices, of which $40,000,000 shall remain
available until expended. The recommendation is $299,000,000
below fiscal year 2024 and $514,433,000 below the request.
Cargo Theft Prosecution.--The Committee directs the
Department to allocate no less than $2,000,000 for the purpose
of prosecuting crimes involving cargo theft (including crimes
under section 659 of title 18, United States Code; section 1991
of title 18, United States Code; and section 2117 of title 18,
United State Code) in the United States Attorney's Office for
the Northern District of Illinois, the United States Attorney's
Office for the Central District of California, and the United
States Attorney's Office for the Western District of Tennessee.
The Committee directs each such United States Attorneys'
Offices to assign at least one attorney to prioritize cargo
theft prosecutions.
Illegal Vapor Prosecution.--The Committee directs the
Department to allocate no less than $1,000,000 for the purpose
of prosecuting manufacturers, wholesalers, and distributors of
illicit vapor in the United States Attorney's Office for the
Central District of California. The Committee further directs
such Office to assign at least one attorney to prioritize such
prosecutions.
District of Columbia Crime Statistics.--The Committee
directs the Department to submit to the Committees on
Appropriations and Oversight and Reform, and make public no
later than 30 days after the enactment of this Act, a report
with data regarding prosecution rates and arrests for the
offenses of homicide, rape, robbery, aggravated assault,
burglary, larceny, motor vehicle theft, carjackings, and arson
in the District of Columbia. Such data must include numbers for
cases in which the U.S. Attorney's Office for the District of
Columbia declines to file a charging document, cases for which
a charging document has been filed in court but which are
dismissed at a later time by the U.S. Attorney's Office for the
District of Columbia or the court, convictions by plea, jury
trial and non-jury trial, not guilty verdicts and hung juries,
total dispositions, and cases with no disposition reported. The
Committee directs the Department to provide data for years 2016
through 2024, no later than 90 days after the enactment of this
Act, and share all data on the Department's website,
disaggregated by crime and by year.
Elder Abuse Justice.--The Committee encourages the
Department to more robustly carry out their authorities under
the Grassley-Blumenthal Elder Abuse Prevention and Prosecution
Act of 2017 (Public Law 115-70).
UNITED STATES TRUSTEE SYSTEM FUND
The recommendation includes $245,000,000 for the United
States Trustee Program, which is equal to fiscal year 2024 and
$18,514,000 below the request.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The recommendation includes $2,504,000 for the Foreign
Claims Settlement Commission, which is equal to fiscal year
2024 and $152,000 below the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $320,000,000 for Fees and Expenses
of Witnesses, which is $50,000,000 above fiscal year 2024 and
equal to the request. The Department is expected not to
obligate funds for expert witness services, including the
payment of fees and expenses of expert witnesses, from any
other Department accounts other than Fees and Expenses of
Witnesses.
ASSETS FORFEITURE FUND
The recommendation includes $20,514,000 for the Assets
Forfeiture Fund, which is equal to the fiscal year 2024 enacted
level and the request.
United States Marshals Service
SALARIES AND EXPENSES
The recommendation includes $1,715,700,000 for the salaries
and expenses of the United States Marshals Service (USMS),
which is $23,700,000 above fiscal year 2024 and $149,930,000
below the request.
Privately Operated Criminal Detention Facilities.--The
Committee disagrees with Executive Order 14006 of January 26,
2021, which prohibited the Department from contracting with
privately operated criminal detention facilities. The Committee
understands that the Department's OIG reviewed the impact of
the Executive Order on the USMS. The OIG review found that in
one example, to replace an expiring contract with a private
contractor, the USMS entered into an intergovernmental
agreement (IGA) with a local government entity, which then
contracted with the same contractor to continue to house
detainees at the same facility. The Committee further
understands that this IGA increased the Marshals Service's
costs--potentially by as much as $6,000,000 per year--and
provided the USMS with less direct oversight of the facility
than when the agency contracted with them directly. The
Committee's recommendation restores the Department's ability to
utilize contract detention facilities.
Picketing or Parading.--The Committee recognizes the
expanded role the USMS serves in protecting the Nation's
judiciary, including Supreme Court justices. Among other
things, section 1507 of title 18 in the United States Code
prohibits the interfering with, obstructing, or impeding the
administration of justice, with the intent to influence a
judge, by picketing, parading, using a sound-truck, or
resorting to any other demonstration near a judge's residence.
The Committee's recommendation ensures the USMS enforces this
authority to provide for the appropriate protection of the
Federal judiciary.
Judicial Security and Protective Operations.--The
recommendation includes $13,700,000 for judicial security and
protective operations. The Committee further directs the USMS
to allocate sufficient funding as necessary to begin
transitioning full time protective services for the Supreme
Court to the United States Supreme Court.
CONSTRUCTION
The recommendation includes $15,000,000 for construction
and related expenses in space controlled, occupied, or utilized
by the USMS for prisoner holding and related support. The
recommendation is equal to fiscal year 2024 and $3,000,000
below the request.
FEDERAL PRISONER DETENTION
The recommendation includes $2,125,000,000 for Federal
Prisoner Detention (FPD), which is $25,000,000 above fiscal
year 2024 and $15,697,000 below the request.
Accurate Budgeting.--The Department and USMS are expected
to anticipate funding needs for the FPD account in order to
avoid funding shortfalls and emergency reprogramming. The
Committee directs USMS to submit a monthly report to the
Committee on individuals in the detention system. The report
should include information on the current and projected number
of detained individuals, offense categories, the population
change from the prior month to the current month, the
population change from the prior year to the current year, and
associated annualized costs. The Committee directs the
Department to provide these reports in a timely manner.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $120,681,000 for the salaries
and expenses of the National Security Division, which is
$7,319,000 below fiscal year 2024 and $22,859,000 below the
request.
Countering Espionage by the People's Republic of China.--
The Committee believes it was deeply irresponsible for the
Department to end its China Initiative. The Committee
understands that the Department established the China
Initiative in 2018 in response to troubling trends indicating
80 percent of all economic espionage prosecutions brought by
the Department allege conduct that would benefit the Chinese
state, and that there was at least some nexus to China in
around 60 percent of all trade secret theft cases. The
initiative's goal was to identify and prosecute those engaged
in trade secret theft, hacking, and economic espionage as well
as protecting our critical infrastructure against external
threats through foreign direct investment and supply chain
compromises. Additionally, the initiative aimed to combat
covert Chinese efforts to influence the American public and
policymakers. Within funds provided, the Committee directs the
National Security Division to reestablish an office dedicated
to countering espionage and influence efforts against American
businesses, research institutions, and academia emanating from
the PRC.
Report on China Initiative.--The Committee directs the
National Security Division to report to the Committee, no later
than 180 days after the enactment of this Act, on how resources
initially allocated to the now terminated ``China Initiative''
were reallocated or invested in dealing with Chinese Communist
Party operations or influence within the United States.
Third Party Litigation Funding.--The Committee is concerned
about the lack of a uniform requirement requiring parties to
civil litigation to disclose non-party funding agreements. This
lack of a uniform requirement may present an opportunity for
our foreign adversaries to use third-party legal financing by
government-controlled companies or sovereign wealth funds to
further commercial and military goals by funding lawsuits
against their U.S. competitors or allow them access to
sensitive intellectual property. To gain a better understanding
of these risks, the Committee directs the Attorney General, no
later than 180 days after the enactment of this Act, to
complete a threat assessment of the influence of sovereign
wealth funds and other entities controlled by foreign
adversaries in American third-party financed litigation,
including threats posed to American national security as they
exploit such agreements to exert undue influence on or access
sensitive information from American individuals and companies.
The Department is further directed, no later than 30 days after
completion of the threat assessment, to share the assessment
with the Committee in unclassified form with a classified annex
included as needed.
Interagency Law Enforcement
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES
The recommendation includes $547,000,000 for the Organized
Crime and Drug Enforcement Task Forces (OCDETF), which is equal
to fiscal year 2024 and $3,458,000 below the request.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The Committee recommends $10,276,000,000 for the salaries
and expenses of the Federal Bureau of Investigation (FBI),
which is $367,713,000 below fiscal year 2024 and $996,944,000
below the request.
Cyber Assistant Legal Attaches.--The Committee strongly
supports the FBI's Cyber Assistant Legal Attache (cyber ALAT)
Program, which facilitates intelligence sharing and helps
coordinate joint law enforcement investigations in the U.S. and
working at key overseas missions. Eliminating safe havens for
cyber criminals is a key priority, and international
cooperation is essential to holding bad actors accountable.
Accordingly, the Committee supports the use of this funding to
grow the cyber ALAT program in support of the Bureau's mission
as the lead agency for cyber threat response.
Oil Theft.--The Committee remains concerned that oil theft
and crime are becoming increasingly prevalent in the Permian
Basin. The Committee continues to support the FBI-led task
forces to combat oil theft and directs the Bureau, no later
than 60 days after the enactment of this Act, to submit a
report to the Committee on its current effort to address oil
theft in the Permian Basin, past resource allocation of funds
toward combating oil theft initiatives, statistics that provide
for how many cases were investigated related to oil theft and
other related assets, and how they can further enhance the FBI-
led Oil Field Theft Task Force and other FBI-involved task
force operations that address oil theft.
Cargo Theft.--The Committee is concerned with the alarming
rise in supply chain fraud and cargo theft throughout the
railroad, commercial motor vehicle, and intermodal
transportation systems, and recognizes that cargo theft
offenses are often components of organized crime rings, drug
trafficking, and funding for illicit activities. Due to the
significant economic impact cargo theft has on the United
States economy, and the potential for use by organized crime
syndicates, the Committee directs the FBI to provide a briefing
no later than 120 days after the enactment of this Act on plans
to establish regional task forces, led by the FBI and in
partnership with Homeland Security Investigations, the
Transportation Security Administration, the Federal Motor
Carrier Safety Administration, and local, State, and Federal
law enforcement agencies to investigate and refer related cases
for prosecution.
University Assisted Data Analytics.--The proliferation of
digital services has resulted in vast amounts of data being
collected concerning virtually every aspect of life. As a
result, the FBI now finds itself with overwhelming amounts of
digital data to process as part of conducting investigations.
This can often lead to delays as large data sets are dissected
in an effort to find the right information. While the field of
data analytics has made tremendous strides in industry, these
efforts have not translated well to law enforcement. In order
to better advance law enforcement specific data analytics, the
Committee encourages the FBI in partnership with universities
to develop research focused on developing and advancing tools
and technologies that will provide data solutions to quickly
and accurately acquire and analyze digital data sets,
overcoming the lengthy obstacles that currently face law
enforcement.
FBI Drug Control Funding.--The recommendation includes no
less than $228,400,000 for drug control funding to support a
comprehensive, multi-pronged criminal enterprise strategy to
target fentanyl and opioid trafficking on the Dark Web, enhance
intelligence activities and money laundering, and support
investigations that focus on identifying, targeting,
disrupting, degrading, and dismantling Transnational Criminal
Organizations (TCOs).
Conflicts of Interest.--The Committee directs the Attorney
General to submit a report to the Committee, no later than 180
days after the enactment of this Act, detailing:
1. Any Department of Justice employees who have run
for public office over the last five years;
2. A list of Department of Justice employees
currently running for office, or who have stated an
intent to run for office in the future;
3. Information on instances where any individuals
have used official resources to support their prior,
present, or future campaign(s); and
4. What measures the Department is taking to prevent
employees from using official resources to campaign for
public office.
Interview Recording.--The Committee understands that,
presently, FBI witness interviews are conducted without any
video recording and instead rely solely on special agent
summaries. The Committee further understands that, in the case
against Lieutenant General Michael T. Flynn, the released text
messages between FBI agents Peter Strzok and Lisa Page revealed
that Strzok heavily edited Special Agent Joe Pientka's summary
of his interview with Flynn. The Committee believes that
requiring FBI agents to record witness interviews would provide
an objective basis of the facts for both parties involved.
Accordingly, the bill restricts funds made available for the
Department from being used to conduct an interview in
connection with an investigation of a Federal offense, or an
investigation in which the agency is assisting a State, local
or Tribal law enforcement agency, unless such interview is
recorded using electronic audio recording equipment.
Field Integration Study.--The Committee remains concerned
about the growing politicization of operations emanating from
FBI Headquarters in Washington, DC. The Committee believes such
politicization has led to duplication of activity best left to
the field, contributed to reduced autonomy in field offices,
and led to political influence spilling over into legitimate
law enforcement investigations and activity. The Committee
directs the FBI to conduct a study and provide a report to the
Committee, no later than 270 days after the enactment of this
Act, on the feasibility of decentralizing the FBI operations
from the National Capital Region by establishing regional
offices around the country, with seven of the regions anchored
by the following branches currently residing at headquarters:
National Security Branch (NSB), Intelligence Branch (IB),
Criminal, Cyber, Response, and Services Branch (CCRSB), Science
and Technology Branch (STB), Information and Technology Branch
(ITB), Human Resources Branch (HRB), and Administrative and
Financial Management Support. Such study should also examine
the existing resources and infrastructure of FBI facilities
with the capacity for expansion throughout the U.S. The
Committee directs the FBI to include in the report an
assessment of the utility and costs associated with such
reallocation of resources and personnel.
National Instant Criminal Background Check System.--Within
amounts provided, the Committee expects the FBI to allocate the
full amount of resources necessary for all statutorily required
firearm background checks through its National Instant Criminal
Background Check System (NICS) before allocating any funds to
new initiatives.
Targeting Fentanyl.--The Committee directs the FBI to
allocate the maximum amount of available resources, as
practicable, to support a comprehensive, multi-pronged criminal
enterprise strategy to target fentanyl and opioid trafficking
on Darknet and Clearnet, enhance intelligence activities and
money laundering, and support investigations that focus on
identifying, targeting, disrupting, degrading, and dismantling
TCOs.
Transnational Criminal Organizations and Counternarcotics
Investigations.--The Committee recognizes the ongoing threat of
transnational criminal organizations on communities across the
country and urges the FBI to continue its efforts to address
TCOs and counternarcotics investigations in Central America.
National Virtual Translation Center Foreign Language AI
Technology.--The Committee applauds the ongoing efforts at the
FBI Foreign Language Program and National Virtual Translation
Center (NVTC) to incorporate multimodal generative AI
technologies to bolster their foreign language processing
capabilities. The FBI and NVTC are directed to continue to
invest in commercially available custom AI technologies to
support existing intelligence analysts and linguists and report
to the Committee, no later than 60 days after the enactment of
this Act, on a long-term procurement strategy to continue
growing these capabilities.
Truck Theft.--The Nation's trucking industry and other
supply chain stakeholders urgently need coordinated action to
reduce theft and fraud. Leveraging the investigative
capabilities of the FBI, in partnership with resources
available to the Department of Homeland Security's Homeland
Security Investigations and Transportation Security
Administration, the Federal Motor Carrier Safety
Administration, and State and local law enforcement, presents
an opportunity to reverse these trends and ensure the security
of domestic supply chains. Considering its broad investigative
authorities and cyber capabilities, the Committee encourages
the FBI to leverage the unique ways the Bureau can engage to
mitigate and investigate these crimes.
CONSTRUCTION
The recommendation includes $30,000,000 for FBI
Construction, which is equal to fiscal year 2024 and
$31,895,000 below the request.
FBI Headquarters Building.--Consistent with the field
integration feasibility study directed above, the
recommendation includes no funds for a new FBI headquarters in
the National Capital Region and restricts the use of
unobligated prior-year balances to purposes associated with
sustainment of the J. Edgar Hoover Building while such
feasibility study is undertaken.
Department of Homeland Security-Related DNA Collections.--
The Committee notes that, in April 2020, the Department amended
the DNA Fingerprint Act of 2005's implementing rule, halting
the Department of Homeland Security's practice of waiving DNA
collections with respect to non-United States persons detained
under the authority of the United States. As a result of the
DHS DNA collection expansion, the FBI Laboratory began
receiving for processing an average of 92,000 DNA samples per
month (over 10 times the historical sample volume). The
Committee understands that prior to the ending of the Title 42
emergency health authority policy at the border, a backlog of
approximately 650,000 samples had developed. The Committee
agrees with the FBI that investment in additional DNA
laboratory processing capabilities and technology is critical
to maintaining and enhancing the FBI's ability to address
emerging threats and help mission critical information reach
partners and investigators in an expeditious manner. To address
the substantial capacity and storage challenges incurred by the
FBI, and to increase border security, the Committee recommends
the construction of additional DNA lab capacity outside the
National Capital Region. The Committee directs the Bureau to
explore the feasibility of additional DNA lab capacity and
report to the Committee, no later than 90 days after the
enactment of this Act, on potential locations for additional
capacity.
Drug Enforcement Administration
SALARIES AND EXPENSES
The recommendation includes a direct appropriation of
$2,760,924,000 for the salaries and expenses of the Drug
Enforcement Administration (DEA). In addition, DEA expects to
derive $650,000,000 from fees deposited in the Diversion
Control Fund to carry out the Diversion Control Program,
resulting in $3,410,924,000 in total spending authority for
DEA. The recommendation is $193,924,000 above fiscal year 2024
and $73,924,000 above the request.
Organized Crime Drug Enforcement Task Forces Partnership.--
The Committee directs the Administrator to prioritize funding
through the Organized Crime Drug Enforcement Task Forces
(OCDETF) for efforts to combat illegal cartel activity in
Texas, New Mexico, Arizona, and California.
Advanced Analytics and Information Sharing in Opioid and
Fentanyl Investigations.--The Committee recognizes the
importance of removing barriers to sharing digital evidence
collected across the DEA and enabling agents and investigators
to collaborate across offices to surface relevant leads and
identify connections that might be missed. The recommendation
includes $3,500,000 to implement an efficient data sharing
mechanism for digital evidence collected across the agency and
a digital evidence analytics platform that enables agents and
investigators conducting opioid and fentanyl trafficking
investigations to work collaboratively to find connections,
generate new insights into narcotics trafficking patterns, and
reduce investigator workload.
Fentanyl and Fentanyl Precursors Trafficked From the
People's Republic of China.--The Committee understands that
United States counternarcotics policy regarding China has
shifted toward preventing Chinese-sourced fentanyl precursors
from entering the U.S.-bound fentanyl supply chain via third
countries. The Committee further understands that Mexican drug
cartels are largely responsible for the production of U.S.-
consumed illicit fentanyl and that the cartels utilize Chinese-
sourced primary materials to produce much of that illicit
fentanyl. Given the worsening opioid epidemic, the
recommendation exceeds the fiscal year 2024 level, and the
administration's request, to continue progress toward efforts
to stem the flow of China's illicit export of fentanyl and
fentanyl precursors.
Digital Evidence.--The Committee recognizes the critical
role of digital evidence collected from mobile devices by the
DEA, drug task forces, and State and local partners. With
digital intelligence technology deployed, DEA can exponentially
improve the identification of known and, more importantly,
unknown targets to disrupt criminal syndicates that traffic
narcotics and precursor chemicals across our borders to
distribute within the United States. Advanced digital evidence
collection, research, and sharing software technologies can
automate the processing of millions of data points from
multiple sources of digital evidence from mobile devices to
reveal insights that would take months and years to accomplish
manually. The Committee directs DEA to establish and formalize
a tiered digital evidence enterprise program encompassing the
entire digital evidence workflow from the collection and review
to the analysis conducted by field agents and analysts to the
forensic examiners in the lab. The DEA program personnel would
uniformly deploy digital evidence technical capabilities and
training across all 23 DEA Divisions. Digital evidence
technology enables the adherence to standardized, secure
operating procedures required to legally collect, forensically
review, and efficiently analyze digital evidence with similar
rigor and consistency as wiretaps, DNA, and fingerprint
evidence.
Insomnia.--The Committee supports the work DEA has done
with FDA related to non-addictive treatments for insomnia to
ensure these treatments are available, particularly for high-
risk populations like servicemembers, veterans, and first
responders. The Committee encourages DEA to allow FDA to begin
its required Eight-Factor Analysis to run concurrently with
DEA's own analysis. A concurrent analysis would allow DEA, with
FDA, to reach a conclusion sooner. No later than 60 days after
the enactment of this Act, the Committee directs DEA to brief
the Committee on the status of any scientific and medical
evaluation that may be in progress under the provisions of
section 811 of title 21, United States Code.
International Partners.--The Committee recognizes the
effort to combat illegal drug trafficking requires cooperation
with international partners. The DEA has encountered
significant challenges when attempting to work alongside
international counterparts in countries such as Mexico. In
addition to failing to honor arrest warrants and extradition
requests in a timely manner, the current government of Mexico
has created bureaucratic hurdles which have delayed visa
issuances to DEA agents attempting to work to combat illegal
drug trafficking. The Committee directs the DEA to report to
the Committee, no later than 30 days after the enactment of
this Act and every 30 days thereafter, an assessment of the
level of cooperation received from the government of Mexico.
This assessment should include, but should not be limited to,
the number of outstanding arrest warrants and extradition
requests which have not been acted upon and the length of the
delay in action, the number of DEA employee visas pending
approval and the length of delay, the number of formal
communications between the DEA and the government of Mexico
related to a specific challenge, and the number of formal
communications between the DEA and Department leadership
related to a specific challenge.
Protecting Patient Access to Emergency Medications.--The
timely and effective implementation of the Protecting Patient
Access to Emergency Medications (PPAEM) Act of 2017 is critical
for enabling emergency medical services practitioners to
administer necessary controlled substances in a manner that is
safe, regulated, and responsive to the urgent needs of patients
across the United States. The Committee directs the ATF, no
later than 90 days after the enactment of this Act, to finalize
the rulemaking process for the PPAEM Act of 2017, which was
initially promulgated on October 5, 2020. Finalization of the
rulemaking process includes the solicitation and incorporation
of stakeholder input.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The Committee recommends $1,436,500,000 for the salaries
and expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), which is $188,500,000 below fiscal year 2024
and $515,500,000 below the request.
Enhancing Capacity of Ballistic Matches.--Within the funds
provided, ATF is directed to prioritize the development and
implementation of automated ballistics imaging triage
technology to enhance the efficiency and accuracy of ballistics
imaging triage. This includes reducing turnaround times for the
analysis of ballistics evidence and improving the sharing of
information and data among law enforcement agencies. The ATF is
directed to implement existing technologies that improve the
efficiency and accuracy of bullet imaging comparisons. This
effort must support the National Integrated Ballistic
Information Network (NIBIN) and Crime Gun Intelligence Center
(CGIC) initiatives to effectively address gun violence.
Furthermore, the ATF is directed to coordinate with State and
local law enforcement agencies to ensure the adoption of
technology that meets their specific needs. Finally, the
Committee directs the ATF to report no later than 360 days
after the enactment of this Act on the availability and
viability of such technology, including its effectiveness in
providing real-time forensic-based intelligence to law
enforcement, challenges associated with its adoption, and
recommendations for improvements.
ATF Beta Testing eForms.--The Committee is aware that ATF's
eForms program regularly undergoes system updates that have
generated unforeseen technical issues and system failures,
including a recent case in which an update unintentionally
broke the user interface and prevented users with dual-
citizenship from accurately completing their electronic forms.
These updates also routinely cause compatibility issues with
private eForms service providers because ATF does not offer
industry access to its beta testing environment. Other agencies
with e-filing systems, such as the Internal Revenue Service
(IRS), provide access to their beta testing environment so
stakeholders can adapt their software to updates, prior to
their launch, as well as provide early feedback to reduce
technical issues. ATF previously provided access to the eForms
beta testing environment, at which time stakeholders provided
valuable feedback and reported numerous errors for resolution,
but ATF later closed its beta access without adequate
explanation. The Committee therefore directs ATF, no later than
90 days after the enactment of this Act, to open and allow
continuous access to its eForms beta environment for authorized
industry stakeholders, and to provide notice to those
stakeholders when updates or changes are made in this
environment.
Asynchronous eForms Certification.--The Committee applauds
the Department and ATF for facilitating remote certification
through its eForms system. However, the eForms system currently
requires both the transferor and the transferee on an eForm 4
to participate simultaneously in the certification process,
even though they may be remotely accessing the system from two
separate locations. This requirement provides no additional
security and is not necessary to fully authenticate the users.
The Committee is concerned that the simultaneous certification
procedure, while currently inefficient, will be entirely
unmanageable if ATF proceeds with its stated intention to
incorporate electronic certification of the Form 5320.23,
Responsible Person Questionnaire (Form 23), into the eForms
system. In such case, trust and corporation registrants would
need to coordinate for the simultaneous participation of
numerous Responsible Persons at one time--all connected to the
same eForms session--to certify their eForm 4. The system
currently allows for upload of a PDF copy of multiple separate
Form 23s, which can be signed and certified efficiently at
different times. The Committee directs the Department to
refrain from incorporating electronic certification of the Form
23 into eForms until the system has been updated to allow
asynchronous certification, whereby each responsible person may
certify their respective Form 23 separately. The eForm 4 should
be able to be saved as a draft after each certification step so
that subsequent certifications may occur at a later time. The
Committee directs ATF to provide a report, no later than 90
days after the enactment of this Act, stating whether it
intends to incorporate electronic certification of the Form 23
into the eForms system and, if so, how it will ensure multiple
Responsible Persons associated with the form will be able to
separately certify their respective Form 23, independently.
Third-Party eForms Service Providers.--The Committee
believes third-party eForms service providers offer valuable
benefits both to the public and to ATF by minimizing erroneous
submissions, reducing customer service burdens on the agency,
and introducing efficiency through private innovation. The
Committee directs ATF to ensure future updates to its eForms
system facilitate use of privately developed processing tools
for eForms users, such as those that facilitate data population
and remote certification. The Committee cautions ATF against
taking steps intended to preclude or obstruct such private
service providers.
Prevent Firearm Straw Purchases.--Through its existing
partnerships, ATF's public awareness and education campaign
assists firearm retailers in the detection and possible
deterrence of ``straw purchases.'' The Department of Justice's
Project Safe Neighborhoods initiative supplements this effort
by providing funding to raise public awareness of the
criminality involved in purchasing a firearm for a prohibited
person. The Committee is supportive of these efforts and
includes $1,000,000 for such purposes.
Transfer Mechanism.--The Committee is aware that certain
firearms controlled by the Gun Control Act, but not the
National Firearms Act, require Attorney General authorization
for transfer. The Committee is further aware that ATF lacks a
form or other mechanism to process these transfers. The
Committee directs ATF to implement such a mechanism, and, to
prepare a report to the Committee, no later than 90 days after
the enactment of this Act, on how ATF plans to implement such
mechanism.
Inconsistent Guidance.--The Committee is deeply concerned
about ATF's increasing practice of rescinding or ignoring
longstanding guidance documents that American individuals and
companies rely on to ensure they are not at risk of criminal
prosecution. This growing trend on the part of ATF makes it
extremely difficult for the regulated community to do business.
The Committee directs ATF to maintain consistent application of
previous guidance documents and letter rulings. The Committee
directs the ATF to report to the Committee 30-days prior to the
change in, or departure from, previous guidance documents,
letter rulings, or policies. Further, the Committee directs ATF
to report to the Committee, no later than 90 days after the
enactment of this Act, on how ATF plans to ensure it adheres to
previous guidance documents and private letter rulings.
National Firearms Act Application Processing Times.--The
Committee has repeatedly expressed concerns about the process
for consideration of National Firearms Act (NFA) firearms
license applications and provided the resources requested to
modernize the processing system and automate the application
process. The Committee is aware that the NFA Division and
National Instant Criminal Background Check System (NICS)
Section are collaborating to improve the process for
consideration of applications to address ongoing delays in
processing times. The Committee encourages ATF and FBI NICS to
continue this collaboration and directs the Director of ATF, in
coordination and consultation with FBI NICS, to provide a
report on plans to improve processing times, and any resources
required to implement supporting activities, no later than 60
days after the enactment of this Act.
Unconstitutional Regulations.--This Committee and the
Committee on the Judiciary have closely examined the Biden
administration's attacks on fundamental Second Amendment
rights. Accordingly, the bill prohibits taxpayer funds from
being used to implement the ATF's radical regulations
concerning pistol braces and privately made firearms and
restores the Second Amendment rights of Americans to possess
such firearms without the interference of the Federal
Government.
Privately Made Firearms.--The Committee believes the ATF
abused its rulemaking authority by wrongfully redefining
privately made firearm kits as traditional firearms. In May
2021, the ATF published a notice in the Federal Register
entitled, ``Definition of `Frame or Receiver' and
Identification of Firearms.'' The rule, which was finalized in
April 2022, expanded the definitions of several terms
associated with firearms, thereby making certain parts subject
to regulation by the ATF with the goal of preventing
procurement of firearm component parts for gun owners who wish
to assemble their own firearm. The rule also imposed new
marking and recordkeeping requirements necessary to implement
the new definitions. The Committee is concerned that instead of
targeting actual violent criminals, the administration would
rather target and punish lawful gun owners and businesses by
regulating tools and kits used in a very small number of
crimes. For these reasons, the bill prohibits the ATF from
using funds appropriated by this Act to implement, administer,
apply, or enforce the final rule entitled, ``Definition of
`Frame or Receiver' and Identification of Firearms.''
Pistol Brace Rule.--On January 31, 2023, the ATF issued a
final rule redefining a firearm with an attached stabilizing
brace as a short-barreled rifle controlled under the Gun
Control Act of 1968 and the National Firearms Act of 1934. The
rule effectively bans pistol stabilizing braces. The Committee
understands the ATF's decision contradicts a prior
determination, made during the Obama administration and on
which law-abiding firearm owners relied on for a decade, that a
firearm equipped with a stabilizing brace ``would not be
subject to [National Firearms Act] controls.'' Under the new
rule, owners of firearms with stabilizing braces were required
to obtain a special registration or surrender or destroy their
brace by May 31, 2023. Owners who did not take these steps may
face severe criminal penalties merely as a result of this
regulatory change. The Committee believes the ATF's actions
illustrate the dangers of an unchecked administrative state
that is willing to make policy even when it is not authorized
by Congress. The pistol brace rule exceeds the ATF's statutory
authority, as Congress has neither criminalized the use of
pistol braces under the Gun Control Act nor authorized their
regulation under the National Firearms Act. For these reasons,
the bill prohibits the ATF from using funds appropriated by
this Act to implement, administer, apply, or enforce the final
rule entitled, ``Factoring Criteria for Firearms with Attached
Stabilizing Braces.''
Zero-Tolerance Policy.--The Committee is concerned that the
administration is targeting firearm businesses for undue
scrutiny and harassment. For example, in June 2021, President
Biden directed the Justice Department to adopt a zero-tolerance
policy and to revoke Federal firearms licenses from those who
committed ``willful'' violations of the law. In June 2021, ATF
updated its Federal Firearms Licensee Quick Reference and Best
Practices Guide to state, ``ATF will, absent extraordinary
circumstances, initiate proceedings to revoke the license of
any dealer that has committed a willful regulatory violation of
the Gun Control Act (GCA) for specified violations.'' These
willful violations now include ``falsifying records'' and
``failing to maintain records needed for successful firearms
tracing.'' The new classifications are vague and broad, and
allow the ATF to revoke the licenses of Federal firearms
licensees (FFLs) for technical and non-material paperwork
violations. The Committee is aware that the ATF's zero-
tolerance policy is resulting in the closure of small
businesses and diverting resources away from holding criminals
accountable. The Committee believes this is counterproductive,
because firearms dealers are on the front lines of efforts to
ensure guns do not end up in the hands of criminals. The
Committee urges the ATF to work in tandem with FFLs to capture
violent criminals rather than targeting small businesses for
minor violations of complex regulatory requirements. Therefore,
the Committee directs the ATF to halt the overzealous
enforcement of paperwork infractions under its zero-tolerance
policy and refrain from revoking or suspending a Federal
firearms license for initial violations without at least first
issuing a warning letter, working with cooperative licensees to
rectify violations in a reasonable time frame, and holding a
final warning conference--in all but the most extraordinary
circumstances.
Unauthorized Release of Trace Data.--Federal law restricts
the release of firearm trace data. Although the ATF has
informed the Committee it understands the critical importance
of safeguarding firearms trace data to protect ongoing law
enforcement investigations, concerns exist regarding the
adequacy of ATF's safeguards. The Committee notes that the
National Tracing Center is authorized to trace a firearm that
has been used, or is suspected of being used, in a crime for a
law enforcement agency only in the course of a bona fide
criminal investigation. Trace data, which is both critical and
sensitive information, can be used lawfully by law enforcement
entities for agency licensing proceedings and for criminal
investigative purposes. The Committee further notes that the
circumstances under which trace data may be shared are clearly
delineated in Federal law, and sharing trace data for purposes
other than those defined by law with unauthorized individuals
or groups is a violation of Federal law and could jeopardize
criminal investigations, agency proceedings, and put the safety
of Federal, State, and local law enforcement officers and
Federal firearms licensees at risk. The Committee directs the
ATF to update agency guidance to reaffirm Federal law
concerning the public release of firearm trace data, make such
guidance available in prominent locations on the ATF website,
require acknowledgement of dissemination restrictions on all
forms both electronic and paper related to trace requests,
investigate violations of this law, and consider deeming
violators ineligible for the receipt of trace data in the
future.
Self-Reporting.--The Committee recognizes that clarity in
the firearm classification process is critical to the public
understanding the scope of their rights under the law. The
Committee directs ATF, no later than 90 days after the
enactment of this Act, to submit a report to the Committee
outlining the feasibility of enacting a self-reporting
mechanism where individuals can submit a request for
classification to the ATF, certify the item in question is
permissible under the law, and avoid potential agency adverse
action until the ATF issues a classification in writing. The
report should discuss the value of a system that encourages
individuals to take affirmative action to ensure their firearm
is within the bounds of current law and any limitations the
agency may face in enacting such system.
Firearms Trace Requests.--The Bureau of Alcohol, Tobacco,
and Firearms (ATF) is directed to provide a report to the
Committee on the number of firearm trace requests received in
the last three years, disaggregated by requesting agency or
entity.
The Bureau of Alcohol, Tobacco, and Firearms (ATF) is
directed to provide a report to the Committee on the following:
a) The number of records maintained by the ATF's Out-
of-Business Records Center (OOB),
b) The percentage of such records which have been
processed into a digitalized format, and
c) A detailed explanation for why ATF believes its
proposed changes to ATF-2021R-05 does not violate the
statutory restriction on a federal gun or gun owner
registry codified by 18 U.S. Code Sec. 926.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $8,392,588,000 for the salaries
and expenses of the Federal Prison System, which is equal to
fiscal year 2024 and $164,751,000 below the request, Provided,
That of the amount made available under this heading, no less
than $45,500,000 shall be used for land mobile radio (LMR)
communication and video security upgrades.
Improving Staffing.--The Committee directs the Bureau of
Prisons (BOP) to continue to improve staffing beyond mission-
critical levels within all departments.
Hiring, Staffing, and Inmate-to-Officer Ratios.--The
Committee instructs BOP to continue submitting quarterly
reports on the inmate-to-correctional officer ratio at each BOP
facility, using the Office of Personnel Management's (OPM)
definition of a corrections officer, broken out by security
level and shift, and to publish such reports on the BOP
website. Separately, the Committee directs BOP to submit a
report to the Committee detailing any incident involving the
use of deadly force at a BOP institution with a staffing ratio
greater than 15 to 1, explaining any role staffing levels may
have played in the incident, and describing a detailed plan to
prevent recurrence of such incidents.
Vacancies.--BOP remains understaffed, exacerbated from the
reduction of over 5,000 positions in 2017 and the continued
reduction of staff each year. Staffing numbers have plummeted
from over 43,000 to just over 34,000 staff members, drastically
below mission critical staffing requirements and the 2016 BOP
Staffing Guidelines. In recent years, BOP explored a 25 percent
incentive option at certain hard-to-staff locations. This 25
percent increase in salary has been successful in stabilizing
the freefall in staffing and increased hiring in all
disciplines, specifically Correctional Services. The Committee
directs BOP to implement a 25 percent salary increase retention
bonus for all non-supervisory primary law enforcement
positions. This salary increase should remain in place until
BOP establishes and fills its staffing compliment to the
January 2016 levels. This increase will not include staff
working within its Central Office, Regional Offices, Training
Facilities, and any other location that does not directly
supervise inmates.
Sufficient Officer Coverage.--The Committee directs BOP to
continue ensuring that at least two correctional officers
remain on duty within each housing unit throughout all shifts
at every high-security institution, including the United States
penitentiaries, administrative and Federal detention centers,
and United States Federal witness protection program units. The
Committee directs BOP to continue submitting quarterly reports
showing compliance with this directive. Additionally, the
Committee instructs BOP to include in the report a cost
estimate and strategic plan for implementation at medium-
security institutions that currently do not have at least two
correctional officers on duty for all three shifts.
Staffing at Medium Security Institutions.--The Committee
encourages BOP to increase the number of correctional officers
at medium-security institutions. Specifically, the Committee
encourages BOP to add one additional officer per two housing
units, per shift, per day, at all medium-security institutions
and institutions housing female inmates. The Committee further
encourages BOP to supplement, not supplant, current staffing
numbers. The Committee encourages BOP to staff all housing
units or occupied parts of the housing units. The Committee
condemns the practice of vacating housing units after-hours,
while offenders are secured in cells, which could endanger
human life, and urges BOP to cease this practice immediately.
Augmentation.--Overcrowding in Federal prisons remains a
serious threat to Correctional Officer safety--particularly at
medium- and high-security facilities. 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 116-127 and adopted by Public Law 116-93. BOP should
focus on hiring additional full-time correctional staff before
continuing to augment existing staff. The Committee also
directs the BOP to improve staffing beyond mission-critical
levels in custody and all other departments. 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. As part of
the quarterly report, BOP is required to also submit the number
of hours, and subsequent cost, of overtime recorded at each
institution. In addition, for each Federal correctional
facility at which two or more Federal inmates have died in one
calendar year, BOP shall submit, no later than 60 days after
the enactment of this Act, a detailed report describing each
incident and the role augmentation may have played in
exacerbating the inherent dangers present at those locations.
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 (FSA) 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. BOP is directed
to ensure that non-custody correctional employees must spend at
least 90 percent of their work week or pay period in their
primary positions.
Correctional Officer Pay.--The Committee acknowledges that
the current pay structure within BOP is lower than that of
other Federal law enforcement agencies, including the U.S.
Marshals, Immigration and Customs Enforcement, and the U.S.
Border Patrol. Such pay deficiencies present great challenges
to BOP at Federal prisons across the country. The Committee
directs the department to submit, no later than 90 days after
the enactment of this Act, a comprehensive report on how the
pay structure affects staffing challenges, attrition, and the
safety and security at Federal prisons and offer potential
solutions to address staffing crisis within BOP.
Faith-Based Recidivism Reduction Programming.--The
Committee reminds the Department that the FSA directs the
Attorney General to develop policies which allow the warden of
each BOP facility to enter into partnerships with ``nonprofit
and other private organizations, including faith-based, art,
and community-based organizations that will deliver recidivism
reduction programming on a paid or volunteer basis.'' Public
Law 115-391 further requires the Attorney General to ``direct
the Bureau of Prisons regarding the ability for faith-based
organizations to function as a provider of educational
evidence-based programs outside of the religious classes and
services provided through the Chaplaincy.'' Therefore, the
Committee directs BOP to immediately take steps to ensure
compliance with such directives, and to ensure that all those
incarcerated in BOP facilities have access to robust
programming opportunities, including third-party faith-based
programs. The Committee further directs BOP to submit a report,
no later than 30 days after the enactment of this Act, on such
efforts.
Contraband Cell Phones in Federal Prison Facilities.--The
Committee directs BOP to report to the Committee, no later than
90 days after the enactment of this Act, on its experience
deploying micro-jamming and managed access technology systems
at six BOP facilities to test its efficacy in cellphone
detection. The report should describe the number of contraband
devices confiscated in this effort, the comparative efficacy
and cost effectiveness of such technologies in detecting and
capturing devices, and, for those technologies found to be
effective, the resources that would be required to expand or
further deploy such technology.
Inmate Phone Calls.--The Committee is concerned that BOP is
not adequately monitoring the phone calls of BOP inmates for
investigative purposes and urges BOP to utilize technological
solutions, where appropriate, to increase intelligence-
gathering capabilities for crimes occurring inside and outside
BOP facilities. The Committee directs BOP to submit a report,
no later than 180 days after the enactment of this Act, on the
number of phone calls initiated and received by BOP inmates in
the previous fiscal year and how many such calls were monitored
for investigative purposes.
Camera and Radio Systems in Federal Prison Facilities.--The
Committee directs BOP to submit to the Committee, no later than
90 days after the enactment of this Act, a three-year plan to
upgrade its security camera, LMR communication, and public
address (PA) systems at all BOP correctional facilities. Such
plan should address current system deficiencies, including a
lack of functioning systems, blind spots, or radios lacking a
``man down'' function; the need for, and cost of, planned
system maintenance and upgrades, including analog-to-digital
system conversion; needed upgrades to ensure storage, logging,
preservation, and accessibility of records for investigators or
courts; and any other enterprise-wide considerations for such
technology and systems. Additionally, the Committee directs BOP
to incorporate into the plan a cost projection and
prioritization of facilities for security camera, LMR, and PA
system upgrades.
Government Identification.--A recent report by the
Government Accountability Office found that BOP does not
collect ID-related data from inmates once they are transferred
to Residential Reentry Centers (RRCs). The Committee directs
BOP to amend the Statement of Work for RRCs to ensure that in
future or renegotiated contracts, the RRCs are required to
collect and regularly report data to BOP on the number of
people obtaining ID documents while residing at RRCs. The
Committee further directs BOP to brief the Committee on these
efforts no later than 90 days after the enactment of this Act.
Inmate Deaths.--The Committee is alarmed by the high number
of inmate deaths and BOP's response, as outlined in the Office
of Inspector General's report, ``Evaluation of Issues
Surrounding Inmate Deaths in Federal Bureau of Prisons
Institutions.'' The report found that many of the inmate deaths
were partially the result of BOP's failure to implement
policies that ensure all inmates receive accurate, consistent,
and timely mental health designations. The Committee directs
BOP to submit, no later than 180 days after the enactment of
this Act, a report outlining what steps it has taken to develop
strategies to ensure that staff assign accurate, consistent,
and timely mental health care level designations to inmates in
its custody.
Retention Incentive.--The Committee directs BOP to explore
the feasibility of a retention incentive, not to exceed 10
percent, for non-supervisory law enforcement employees nearing
retirement.
Naloxone.--The Committee is concerned about the rising
number of opioid-related deaths of inmates in BOP custody. To
combat the increase in overdoses, the Committee directs BOP to
develop policies and procedures to train all staff in
administering naloxone. The Committee directs BOP to provide a
report, no later than 180 days after the enactment of this Act,
detailing all efforts to train BOP employees to administer
naloxone, how many BOP employees carry naloxone, how many times
naloxone has been administered in BOP facilities during the
previous 12 months, and how many overdoses occurred in BOP
facilities during the previous 12 months.
Medication-assisted Treatment.--The Committee encourages
BOP to make abstinence-based relapse prevention treatment
options available to inmates with a history of opioid
dependence.
Employee Firearms.--Public Law 115-391 requires that each
Federal penal or correctional institution provide a secure
storage area located outside of the secure perimeter of the
institution for employees to store firearms or allow employees
to store firearms in a vehicle lockbox. The Committee
understands that as of the second quarter of fiscal year 2022,
BOP has completed all outstanding locker installations. The
Committee commends BOP's efforts in this area and encourages
BOP to continue to explore opportunities to improve
correctional officer safety.
Correctional Officer Funding.--The Committee directs BOP to
submit, no later than 90 days after the enactment of this Act,
a report detailing where appropriated funds for hiring
correctional officers is being expended, if the number of
correctional officers enacted in the budget is not achieved.
GAO Recommendations.--The Committee notes that a recent GAO
Report, ``Bureau of Prisons: Additional Actions Needed to
Improve Restrictive Housing Practices'' (GAO-24-105737), found
that the Bureau of Prisons has failed to implement 54 of the 87
recommendations from two prior studies in 2014 and 2016 on
improving restrictive housing practices. The Committee urges
the Director of the BOP to fully implement all the 2014 and
2016 restrictive housing reports recommendations.
BUILDINGS AND FACILITIES
The recommendation includes $273,000,000 for the
construction, acquisition, modernization, maintenance, and
repair of prison and detention facilities housing Federal
inmates. The Committee directs BOP to expedite new construction
efforts to meet projected capacity requirements, as identified
in its status of construction reports to the Committee. The
Committee further directs BOP to continue to provide such
reports monthly, along with notifications and explanations of
any deviation from construction and activation schedules, and
any planned adjustments or corrective actions. The
recommendation is $93,238,000 above fiscal year 2024 and
$191,785,000 above the request.
Modernization and Repair of Existing Facilities.--The
Committee expects BOP to apply funds provided in fiscal year
2025 to reduce its longstanding Modernization and Repair (M&R)
backlog and directs BOP to prioritize funding for repairs that
protect life and safety. The Committee directs BOP to submit,
no later than 30 days after the enactment of this Act, a
detailed report documenting which of its facilities are in need
of greatest repair to provide safety and security or basic
fundamentals to maintain human life and the cost to complete
M&R. The Committee further directs BOP to provide, as part of
this report, a study regarding the feasibility of continuing to
maintain an outdated facility versus replacing the facility
with new construction.
Taft, California.--The Committee directs the Department to
immediately submit the detailed timeline required under this
heading in the Joint Explanatory Statement accompany Public Law
118-42.
Jesup, Georgia.--The Committee directs the BOP Director to,
no later than 180 days after the enactment of this Act, submit
to the Committee a study on the feasibility of upgrades to the
Federal Correctional Institution (FCI) in Jesup, Georgia (FCI
Jesup), including the feasibility of expansion to a Federal
Correctional Complex (FCC) given that FCI Jesup is a multi-
security-level facility including a Medium FCI, Satellite Low,
and Satellite Camp. The report must include specific
qualifications and requirements for a BOP facility to be
considered an FCC, what an upgraded designation would mean for
the facility's budget and staffing, and what steps FCI Jesup
can take to become an FCC.
Utah Feasibility Study.--The Committee directs BOP to
complete a feasibility study no later than 180 days after the
enactment of this Act. The study must analyze the options for
housing Federal inmates in the State of Utah and make a
recommendation to the Committee on the best course of action.
The study should include a consideration of constructing a
Federal detention facility in Utah, contracting with county
detention facilities, a joint facility between the U.S.
Marshals and Immigration and Customs Enforcement, and any other
options that might reduce the costs of housing and transporting
Federal inmates.
Deferred Maintenance and First Step Act Needs.--The
Committee recognizes that BOP has a deferred facilities
maintenance backlog of $2,000,000,000. The Committee directs
BOP to provide, no later than 180 days after the enactment of
this Act, a facilities investment plan to address BOP's current
facility requirements. The Committee directs BOP to include in
such plan an assessment of the condition of all BOP facilities,
any BOP plans to address deferred maintenance backlogs with
repair estimates broken out by priority categories,
explanations of how appropriated funding will be applied in
fiscal year 2025 to address the backlog, and a multiyear
outlook on investment in its current facilities. The Committee
encourages BOP to also include details on how Public Law 115-
391 impacts building and facility requirements and reentry
program implementation.
Proposed Facility in Letcher County, Kentucky.--The
Committee strongly supports the long awaited-construction of
the proposed BOP facility in Letcher County, Kentucky.
Accordingly, the bill, once again, rejects the President's
request to rescind funding for this facility. The Committee
notes this facility will meet BOP's ongoing need for modern
Federal correctional facilities and infrastructure, as well as
the need for a new facility in the Mid-Atlantic Region.
Additionally, development of the facility will significantly
stimulate the local and regional economy, which has declined
with the loss of the coal industry, and a strong regional
workforce exists to fill the positions necessary for the
facility.
Moreover, strong local and regional infrastructure, such as
law enforcement, fire protection, medical services, public
education, labor, and transportation, exists to support the
operation of the facility. As the BOP itself recently stated in
its Draft Environmental Impact Statement published on March 1,
2024:
``There is no reason to expect that [the]
construction activities [of the Federal Correctional
Institution and Federal Prison Camp] would place an
undue burden upon law enforcement agencies serving the
residents, businesses, and public institutions in the
county. Significant adverse impacts to law enforcement
services are not anticipated during [. . .]
construction.''
``The [Bureau of Prisons] anticipates
establishing mutual aid agreements for emergency back-
up fire protection assistance as needs may arise.
However, there is no reason to expect situations to
arise that would place an undue burden upon outside
resources or agencies or result in a significant
adverse impact to fire departments serving the Roxana
community and broader Letcher County region.''
``Existing health care facilities and
providers are expected to continue serving the medical
needs of area residents and their families without
interruption or adverse impacts.''
``[The] potential impacts directly
attributable to [the Federal Correctional Institution
and Federal Prison Camp] workforce and their families
would be small and not enough to result in significant
adverse impacts to emergency medical and health care
facilities and service providers serving Letcher
County.''
``Recent census data for southeastern
Kentucky and western Virginia involving working age
populations, labor force participation, unemployment
rates, and educational attainment reveals a labor pool
within the region sufficient to support in-direct
demand with any resulting induced population impacts
expected to benefit the region as a whole.''
``While potential impacts to Letcher County
or other single jurisdiction attributable to [the
Federal Correctional Institution and Federal Prison
Camp] operation would be small, the impact would be
considered beneficial and help offset the decline in
population experienced throughout the region.''
``With approximately 250 miles of designated
Kentucky highways (primary and secondary system and
rural secondary system), the roadway network connects
the county's population enclaves and is sufficiently
well developed to serve the ground transportation needs
of local residents and travelers passing through the
county on their way to final destinations.''
The Committee directs BOP to give proper weight to their
recent statements and utilize all resources necessary to
expeditiously complete site acquisition, design, and
construction of the proposed BOP facility in Letcher County,
Kentucky.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The Committee recommends a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated, which is equal to fiscal year 2024 and the
request.
Small Business Contracting.--The Committee acknowledges
that many apparel and textile small businesses in the United
States produce uniforms for the United States Armed Forces and
is concerned that many such businesses are going out of
business or leaving the United States, potentially due to the
fact that the Department of Defense is encouraged to purchase
Federal Prison Industries (FPI) supplies and services, pursuant
to the Federal Acquisition Regulations. The Committee directs
FPI to submit a report, no later than 90 days after the
enactment of this act, disclosing all FPI contracts with the
Department of Defense for the past three fiscal years, the
contract award process, steps FPI has taken to conduct outreach
to small businesses that have the products apparel and textile
products available for production, and FPI's work to transition
BOP inmates who have been trained to work in the apparel and
textile industry. FPI is directed to identify the contracts in
which it was determined that FPI had a significant market
share, as defined under section 3905 of title 10, United States
Code, for the item that was the subject of the contract.
State and Local Law Enforcement Activities
Management and Administration Expenses.--The Committee
directs the Department, in preparing its fiscal year 2025
spending plan, to 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 that the assessment reflects a fair
representation of the share of each program devoted to common
M&A costs. The Committee further directs grant offices to
minimize administrative spending to maximize the amount of
funding that can be used for grants. The Committee reiterates
the direction provided in Senate Report 113-78 that the
Department shall detail, as part of its budget submission for
fiscal year 2025 and future years, the actual costs for each
grantmaking component 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 grantmaking component in each of these categories for
the current year and the budget year.
Grant Programs Crosswalks.--The Committee directs the
Department to provide the Committee, no later than 60 days
after the enactment of this Act, a crosswalk of the Office on
Violence Against Women (OVW), Office of Justice Programs (OJP),
and Community Oriented Policing Services Office (COPS) grant
program solicitations. The Committee directs the Department to
include in such crosswalks the same level of information and
detail as was provided to the Committee with respect to the
solicitations of the Department's grant program offices in
fiscal year 2024.
Set-Aside for Office of Inspector General Audits.--The
Committee includes language requiring the Department to
transfer not less than 0.4 percent of the total amount made
available for administration by OVW, OJP, and COPS to the OIG
for oversight and auditing purposes.
Byrne Justice Assistance Grant and COPS Hiring Program.--
The Committee directs the Department to prioritize applications
supporting law enforcement hiring programs under the Byrne
Justice Assistance Grant (JAG) and COPS Hiring Program.
Rural Law Enforcement Staffing.--The Committee recognizes
certain State and local law enforcement agencies in rural and
low-populated counties are critically underfunded and
understaffed, and that some distressed departments have as few
as two law enforcement officers on payroll to patrol a
jurisdiction at a given time. The Committee also notes that the
remote, isolated nature of some rural towns further challenges
the ability of many departments to ensure enough officers are
trained and certified as necessary to maintain readiness. The
Committee directs the Department to prioritize grant funding
for critically understaffed law enforcement agencies under the
Byrne JAG and COPS Hiring Program and to provide a report on
these efforts no later than 60 days after the enactment of this
Act.
Student, Teachers, and Officers Preventing School Violence
Act.--The Committee supports the efforts of the Bureau of
Justice Assistance (BJA) and COPS to make awards to improve
security at schools and on school grounds under the Student,
Teachers, and Officers Preventing (STOP) School Violence Act.
The Committee notes that these grants can be challenging to
access for some applicants due to the short grant application
window and quick deadlines during busy time periods for many
school districts that are under-resourced. The Committee
directs the Department to report, no later than 90 days after
the enactment of this Act, on a plan to improve the timing and
duration of the grant period to enable the improved quality of
applications and increased participation in the application
process. The Committee further directs BJA and COPS to work
with other Federal agencies to notify States, localities,
Tribes, and school districts of the availability of funding in
the STOP grant solicitation upon release, and to provide
microgrants for school districts, including rural, Tribal, and
low-resourced schools.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $667,000,000 for the Office on
Violence Against Women (OVW). These funds are distributed as
follows:
OFFICE ON VIOLENCE AGAINST WOMEN
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
STOP Formula Grants..................................... 255,000
Transitional Housing Assistance......................... 48,000
Consolidated Youth Oriented Program..................... 17,000
Engaging Men & Youth in Prevention.................. (3,500)
Grants to Encourage Arrest.............................. 55,000
Homicide Reduction Imitative........................ (6,000)
Prosecution and Investigation of Online Abuse (1,000)
Initiative.........................................
Sexual Assault Services Program......................... 78,500
National Deaf Services Line............................. 2,000
Rural Domestic Violence................................. 50,000
Violence on College Campuses............................ 25,000
HBCU, HSI and Tribal Colleges....................... (12,500)
Legal Assistance for Victims............................ 55,000
Abuse Later in Life Program............................. 9,000
Justice for Families Program............................ 22,000
Disabilities Program.................................... 12,000
Research--Violence Against Women........................ 1,500
Research--Violence Against Indian Women................. 3,000
National Center on Workplace Responses.................. 1,000
Sex Assault in Indian Country Clearinghouse............. 500
Tribal Special Criminal Jurisdiction.................... 15,000
Tribal Prosecutors (Special AUSAs).................. (5,000)
Rape Survivor Custody Act............................... 2,500
Abby Honold Act......................................... 5,000
Protective Order Implementation Pilot Program (Sec 1506 5,000
of VAWA Reauth)........................................
Cybercrime Enforcement (1401 and 1402 of VAWA).......... 5,000
---------------
Total, Violence Against Women Prevention and 667,000
Prosecution Programs...............................
------------------------------------------------------------------------
To minimize fraud, waste, and abuse in these programs, OVW
is encouraged to implement any open recommendations of the OIG
with respect to the recipients of grants under these programs.
Abby Honold Act.--The Committee recognizes the importance
of ensuring OVW has the resources it needs to expeditiously
help law enforcement agencies implement evidence-based, trauma-
informed policies as they seek to bring justice to victims and
includes $5,000,000 for the purposes of this Act.
Rural Victims.--The Committee understands that victims of
sexual assault living in rural communities are often reluctant
to report to law enforcement for fear of being exposed. The
Committee encourages OVW to implement projects that reduce
barriers to reporting crime in rural areas, colonias, and
persistent poverty counties and report to the Committee, no
later than 90 days after the enactment of this Act, on the
progress made since its previous report to the Committee on
this matter.
Training on Religious Communities.--The Committee
encourages OVW to provide training to judicial, court-based,
and court-related personnel on the unique challenges faced by
survivors in religious communities. OVW is directed to report
to the Committee no later than 180 days after the enactment of
this Act with an update on these activities.
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The recommendation includes $55,000,000 for Research,
Evaluation and Statistics, which is $10,000,000 below the
fiscal year 2024 enacted level and $22,000,000 below the
request. Funds are distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Bureau of Justice Statistics............................ $33,000
National Institute of Justice........................... 22,000
---------------
Total, Research, Evaluation and Statistics.......... $55,000
------------------------------------------------------------------------
Study on Animal Cruelty and Future Violence.--The Committee
remains concerned about the link between animal cruelty and
future acts of interpersonal violence, and notes that Public
Law 118-42 directed the Department to study this link. The
Committee looks forward to reviewing the findings of this
research and encourages the Department to keep the Committee
apprised of its progress and any interim findings during its
assessment.
Interoperability of Automated Biometric Identification
Systems.--The Committee is concerned about the lack of a
solution to the interoperability of various automated biometric
identification systems, and notes that unlike DNA there is no
single Federal database or repository to search for latent
prints. The Committee understands that the National Institute
of Standards and Technology (NIST) and the National Institute
of Justice (NIJ) have spent a significant amount of time
working to address this issue, but no solution has been found.
No later than 60 days after the enactment of this Act, the
Committee directs NIJ, in coordination with NIST, to provide an
update on work done to date to resolve this matter, the
barriers to creating a Federal database, and a path forward.
Medical Examiner and Coroner Research Needs.--The Committee
understands that there is a lack of research and development
being conducted to assist medical examiners and coroners in
identifying and classifying trends of new and emerging drugs.
The Committee strongly supports NIJ including the toxicology of
emerging drugs in its research priorities.
Deepfake Research.--The Committee is alarmed by the
increased threat posed by technology-assisted sexual violence
and encourages NIJ to fund research efforts that evaluate the
impact of artificial intelligence technologies on sexual
violence. Specifically, the Committee directs NIJ to increase
support for research of the nonconsensual disclosure of
digitally manipulated images, or deepfakes, and encourages NIJ
to partner with academic institutions to evaluate the true
extent of the threat posed by the nonconsensual disclosure of
deepfake images.
Financial Exploitation of Retirement Community Residents.--
The Committee commends the Department's work combating
financial fraud and abuse against senior citizens, and notes
that these crimes are increasingly taking place at large
retirement communities related to home services and disputes
with contractors. The Committee encourages NIJ to partner with
academic institutions to study financial exploitation crimes at
large retirement communities, the risk and protective factors,
and to draw comparisons between retirement community and non-
retirement community senior citizens.
Rural Criminal Justice Data Pilot Program.--The
recommendation includes $33,000,000 for the Bureau of Justice
Statistics (BJS). Of these funds, the Committee directs BJS to
use $5,000,000 for the establishment of a pilot program which
specializes in high performance computing research on rural
indigent defense to improve America's rural criminal and
juvenile courts. The Committee encourages BJS to utilize this
pilot program to develop tools and methods to assess justice
activities in rural jurisdictions, with emphasis on agency
performance, capabilities, defendant utilization of rights and
resources, and other challenges relevant to the administration
of justice.
Study on Online Crimes Against Children.--The Committee is
concerned about the rise in online crimes against children and
encourages NIJ to study the range of challenges victims of
online crimes against children and their families face in
reporting crimes, and to consider potential changes to the
system that would improve the response to online crimes against
children.
National Criminal History Improvement Program.--The
Committee is aware that many State laws and policies provide
for the expungement or sealing of certain criminal records, but
many States do not have the resources for appropriate
technology to effectively implement such policies. The
Committee reminds the Department that funds available under the
National Criminal History Improvement Program (NCHIP) are
available for supporting the implementation of such policies,
and directs the Department, no later than 180 days after the
enactment of this Act, to provide a report on how funds are
being used for this purpose.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $2,210,110,000 for State and
Local Law Enforcement Assistance programs, which is
$264,951,000 below the fiscal year 2024 enacted level and
$201,110,000 above the request. Funds are distributed as
follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants................ $847,810
Officer Robert Wilson III VALOR Initiative.......... (13,000)
Prison Rape Prevention and Prosecution.............. (15,500)
Kevin and Avonte's Law.............................. (2,000)
Project Safe Neighborhoods.......................... (20,000)
Capital Litigation and Wrongful Conviction Review... (15,000)
Ashanti Alert Network............................... (1,000)
Rural Violent Crime Initiative...................... (5,000)
Patrick Leahy Bulletproof Vest Partnership Grant (30,000)
Program............................................
Transfer to NIST/OLES........................... (1,500)
Body Worn Camera Partnership Program................ (20,000)
Byrne Discretionary Community Project Funding....... (380,240)
State Criminal Alien Assistance Program................. 234,000
Victims of Trafficking Grants........................... 88,000
Intellectual Property Enforcement Program............... 4,800
Adam Walsh Implementation............................... 18,000
National Sex Offender Public Website................ (1,000)
National Instant Criminal Background Check System (NICS) 88,000
Initiative.............................................
NICS Acts Record Improvement Program................ (25,000)
Paul Coverdell Forensic Science......................... 28,000
Strengthening the Medical Examiner-Coroner System... (2,500)
DNA Initiative.......................................... 153,000
Debbie Smith DNA Backlog Grants..................... (121,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants. (14,000)
Sexual Assault Nurse Examiner Grants................ (9,000)
NamUs............................................... (6,000)
Missing Persons and Unidentified Remains Act........ (3,000)
Sexual Assault Kit Initiative (SAKI).................... 51,500
Court Appointed Special Advocates (CASA)................ 15,000
Tribal Assistance....................................... 50,000
Second Chance Act/Offender Re-entry..................... 115,000
Children of Incarcerated Parents Demo Grants........ (5,000)
Crisis Stabilization and Community Re-entry......... (10,000)
Justice Reinvestment Initiative..................... (19,000)
Anti-Opioid and Substance Abuse Initiative.............. 420,000
Drug Courts......................................... (89,000)
Mentally Ill Offender Act........................... (40,000)
Residential Substance Drug Treatment................ (35,000)
Veterans Treatment Courts........................... (32,000)
Prescription Drug Monitoring........................ (35,000)
Comprehensive Opioid, Stimulant, and Substance Use (189,000)
Disorder Program...................................
Keep Young Athletes Safe Act of 2018.................... 2,000
STOP School Violence Act................................ 82,000
Emmett Till Act Grants.................................. 3,000
Daniel Anderl Judicial Security and Privacy Act......... 10,000
---------------
Total, State and Local Law Enforcement Assistance... $2,210,110
------------------------------------------------------------------------
Edward Byrne Justice Assistance Grant Funds for Treatment
and Recovery Programs.--The Committee is concerned about the
impact of the growing epidemic of opioid and synthetic drug
abuse and misuse on the law enforcement community and notes
that Byrne JAG funds may be used for the implementation of
treatment and recovery programs to maintain abstinence from all
abused or misused drugs.
Edward Byrne Justice Assistance Grant Funds for Trauma
Recovery Centers.--The Committee reminds the Department that
crime victim services, such as trauma recovery centers, are an
allowable use of Byrne JAG formula grant funding.
Edward Byrne Justice Assistance Grant Funds for Hate Crime
Prevention.--The Committee reminds the Department that Byrne
JAG funds may be used by State, local, and Tribal law
enforcement to combat and prevent hate crimes.
Edward Byrne Justice Assistance Grant Funds for Cybercrime
Grants.--The Committee supports the use of Byrne JAG program
funds to hire and retain cybercrime personnel, including
cybercrime analysts and investigators. The Committee also
supports the use of Byrne JAG funds for the training of law
enforcement and emergency dispatch personnel in the area of
cybercrime.
Edward Byrne Justice Assistance Grant Funds for Drug
Trafficking.--The Committee acknowledges that one of the
strengths of the Byrne JAG program is its flexibility to
support a variety of multi-jurisdictional law enforcement
efforts and criminal justice innovations, including drug-
trafficking. The Committee encourages the Department to remind
local law enforcement that funds may be used for this purpose.
Edward Byrne Justice Assistance Grant Funds for Combating
Gang Violence.--The Committee notes that Byrne JAG funds may be
used to assist State and local law enforcement efforts to
combat gang violence.
Prison Rape Elimination Act Audits.--The Committee
recognizes that Federal prison facility audits are an important
part of the Prison Rape Elimination Act (PREA) and encourages
the Department to prioritize such audits.
Victim Services for Incarcerated Survivors of Sexual
Abuse.--The Committee is aware of support for victim services
for incarcerated individuals and encourages the Department to
make recommendations on this issue to further meaningful PREA
compliance.
Missing Americans Alert Program.--The Committee directs the
Department to provide a report no later than 30 days after the
enactment of this Act on the Missing Americans Alert Program,
as required by Public Law 115-141.
Improving Gun Crime Arrest Rates.--The recommendation
includes $20,000,000 for the Project Safe Neighborhoods
program. Of this amount, no less than $5,000,000 is for grants
for the implementation and development of automated ballistics
imaging triage technology, to improve gun crime arrest rates by
enabling law enforcement entities to immediately scan
ballistics evidence, more quickly access crime gun
intelligence, and streamline evidence submission to NIBIN.
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. Given the urgent need to
identify and remediate wrongful convictions, the recommendation
instructs the Department to award Capital Litigation
Improvement and Wrongful Conviction Review program grants to
applicants that provide high quality and efficient post-
conviction representation for defendants with post-conviction
claims of innocence. The Committee notes that Capital
Litigation Improvement and Wrongful Conviction Review grantees
may be non-profit organizations, institutions of higher
education, or State or local public defender offices with in-
house post-conviction representation programs with demonstrable
experience and competence in litigating post-conviction claims
of innocence. The Committee further notes that funds may
support the following activities: grantee provision of post-
conviction legal representation of innocence claims, the
evaluation, review, and management of cases, expert review and
testimony, potentially exonerative forensic testing, and
investigation services related to supporting these post-
conviction innocence claims.
Body-Worn Camera Policy and Implementation Program.--The
recommendation includes $20,000,000 for body-worn cameras and
directs the Department to prioritize funds for agencies serving
rural and small communities, particularly in jurisdictions with
populations of less than 50,000.
State Criminal Alien Assistance Program.--The
recommendation includes $234,000,000 for the State Criminal
Alien Assistance Program (SCAAP). The Committee rejects the
administration's assertion that SCAAP is not a ``useful tool
for promoting the implementation of a fair and reasonable
national immigration policy'' and emphasizes the importance of
SCAAP in assisting local law enforcement with the costly burden
of incarcerating criminal aliens.
Sexual Assault Nurse Examiner Grants.--The recommendation
includes $9,000,000 for the Sexual Assault Nurse Examiner
(SANE) program which includes forensic exams and SANE training
program grants. The Committee directs the Department to
establish regional SANE training programs to establish a level
of excellence in forensic nursing, and to prepare current and
future nurse examiners to be profession-ready and meet the
applicable State certification and licensure requirements. The
Committee directs the Department to ensure that these programs
provide training and supervision to nurses with the purpose of
increasing sexual assault forensic nurse capacity in rural
areas, and in support of population-specific programs and
hospitals including, but not limited to, underserved or
historically underfunded communities. The Committee encourages
the Department to prioritize rural, Tribal, and underserved
communities, and urban areas without full-time coverage for
this program, and directs the Department to ensure fund
recipients promote best practices in forensic nursing
throughout a region, while continuing to research and develop
the highest standards of care.
National Missing and Unidentified Persons System.--The
recommendation includes no less than $6,000,000 for the
National Missing and Unidentified Persons System (NamUs), of
which $2,000,000 is directed exclusively for high-density
sequencing. The Committee understands that modern scientific
advancements in DNA standards and genetic genealogy have
enabled law enforcement agencies to solve previously unsolvable
cases, and the importance of timeliness given the degradation
of forensic evidence over time. The Committee encourages the
Department to continue its support for such technologies.
Forensic Genetic Genealogy for Missing Murdered Indigenous
Women Cases.--The Committee understands that forensic evidence
degrades over time, and many Missing Murdered Indigenous Women
cases can be solved using forensic genetic genealogy (FGG)
technology. The Committee urges the Department to use FGG for
these purposes.
Forensic Genetic Genealogical DNA Analysis 2019 Policy.--
The Committee notes that in 2019 the Department promulgated an
interim policy regulating FGG DNA analysis, but since that time
numerous cases have been solved using FGG technology including
multiple cases involving the unidentified human remains of
victims. The Committee understands that the 2019 interim policy
authorizes investigative agencies to use FGG when a case
involves an unsolved violent crime and the candidate forensic
sample is from a putative perpetrator, or when a case involves
what is reasonably believed by investigators to be the
unidentified remains of a suspected homicide victim. The
Committee recognizes there is not always enough evidence at a
crime scene to establish a death as a suspected homicide, and
it is not uncommon for the manner of death to be revised or
updated once a deceased person is identified. Given this, the
Committee directs the Department to allow grant funds to be
used for FGG DNA analysis and searching on unidentified human
remains, regardless of the suspected manner of death.
Forensic Genetic Genealogical DNA Analysis.--The Committee
understands that, although FGG is often associated with cold
case investigations in which DNA samples submitted to the
Combined DNA Index System (CODIS) did not produce a hit,
increasingly, contemporary cases are being solved using this
tool. The Committee recognizes local law enforcement agencies'
interest in this technology and acknowledges that resource
challenges often impede the use of FGG to solve cold cases and
prevent future crimes. Within the amount included for the
Sexual Assault Kit Initiative (SAKI), the Committee directs the
Department to allocate no less than $5,000,000 in support of
efforts to use FGG to investigate unsolved violent crimes,
without regard to the status of an applicant agency's sexual
assault kit inventory. The Committee directs the Department to
track and report on the number of FGG samples analyzed, the
types of DNA technology deployed, and the number of
perpetrators or human remains identified as a result. Further,
the Committee directs the Department to fund additional grants
for the use of FGG technology under other appropriate programs
including, but not limited to, NamUs. No later than 180 days
after the enactment of this Act, the Committee directs the
Department to provide a report detailing the number of FGG
samples analyzed, the types of DNA technology deployed, and the
number of perpetrators or human remains identified as a result.
Sexual Assault Kit Initiative.--The Committee encourages
the Department to maximize the results of investments in sexual
assault kit (SAK) testing by identifying best practices for
addressing issues that arise following suspect identification,
such as victim notification, investigation, prosecution,
documentation, forensic advancements, inter-jurisdiction
sharing, and tracking. The Committee also supports the
Department's efforts to assist cross-jurisdictional and cross-
platform data sharing to identify and pursue repeat offenders
operating in multiple jurisdictions. Further, the Committee
supports efforts to estimate cost savings that result from the
prevention of future offenses due to SAK testing. The Committee
instructs BJA to provide an update on the number of kits tested
solely for serology or with technologies prior to short tandem
repeat analysis.
Sexual Assault Kit Tracking.--In coordination with NIST and
no later than 180 days after the enactment of this Act, the
Committee directs the Department to provide a report detailing
State adherence to the draft standards for collecting physical
evidence from victims of sexual assault as established by the
Organization of Scientific Area Committees for Forensic
Science. In forming this report, the Committee directs the
Department to consider the usefulness of a public-private
partnership for sexual assault kit tracking.
Court Appointed Special Advocates.--The recommendation
includes $15,000,000 for the Court Appointed Special Advocates
(CASA) Program. The Committee notes that CASA programs assist
child victims of abuse nationwide helping to ensure that the
best interest of the child is represented in court, and
supports State and local programs to recruit, screen, and train
volunteers. CASA subgrants support the expansion, enhancement,
and development of programs and support meeting national
program standards, receiving national training, as well as
targeted technical assistance, and in-kind resources that
utilize evidence-based and trauma informed practices.
Crime Victims Fund.--The Committee accepts the
recommendation of the Department and caps Crime Victims Fund
obligations at $1,500,000,000 for fiscal year 2025. The
Committee urges the Department to implement policies and
recommend statutory modifications designed to increase Crime
Victims Fund receipts.
Crime Victims Fund Deposits.--The Committee recognizes that
deposits into the Crime Victims Fund have decreased in recent
years, resulting in less stability for Victims of Crime Act
(VOCA) grants. The Committee directs the Department to submit a
report that outlines the causes of this decrease in deposits
and includes recommendations for ensuring the long-term
stability and sustainability of the Crime Victims Fund no later
than 180 days after the enactment of this Act.
Tribal Access to the Crime Victims Fund.--The
recommendation includes a 5-percent set-aside for Tribal
victims' assistance within amounts available in fiscal year
2025 from the Crime Victims Fund. The Committee instructs the
Office for Victims of Crime (OVC) to consult closely with
Tribal stakeholders to improve services for Tribal victims of
crime. The Committee encourages the Department to provide
Tribes with maximum flexibility in the use of funds to best
meet the unique needs of victims in Tribal communities.
Additionally, the Committee encourages the Department to
streamline administrative requirements as much as possible to
increase accessibility for communities most in need in Indian
Country.
Local Law Enforcement Drug Trafficking Coordination.--The
Committee notes the importance of coordination between Federal,
State, and local law enforcement in combating fentanyl
trafficking. The Committee encourages the Department to
coordinate with relevant agencies, including the Office of
National Drug Control Policy (ONDCP), and directs the
Department to provide a report detailing these efforts and
outlining any potential legislative actions that could help
further this coordination no later than 180 days after the
enactment of this Act.
Mentally Ill Offender Act.--The Committee is aware that
there can be a correlation between those suffering from mental
health disturbances and repeat criminal offenders. The
Committee supports justice and mental health collaborations and
recognizes that these collaborations can provide support in
mental health courts and jails, peer learning programs, and the
juvenile justice system.
Residential Substance Abuse Treatment for State Prisoners
Program.--The recommendation includes $35,000,000 for the
Residential Substance Abuse Treatment for State Prisoners
(RSAT) program. The Committee encourages the Department to
leverage coordination between the RSAT program and other grant
programs that offer mental health and mental illness services,
as appropriate.
Prescription Drug Monitoring Programs.--The Committee
supports the goals of the Harold Rogers Prescription Drug
Monitoring Program (PDMP) and allowing States to choose and
operate the PDMP and data sharing hubs of their choice.
Forensic Support for Opioid and Synthetic Drug
Investigations.--The recommendation includes $189,000,000 for
the Comprehensive Opioid, Stimulant, and Substance Use Disorder
Program (COSSUP) and of these funds, the recommendation
includes $17,000,000 for grants to assist State and local crime
labs and medical examiner and coroner offices' efforts to
analyze evidence related to opioid and synthetic drug
poisonings, among other purposes.
Comprehensive Opioid, Stimulant, and Substance Use
Program.--The recommendation includes $20,000,000 within COSSUP
for grants to local and regional non-profits preventing
substance use and misuse. The Committee directs BJA to provide
awards to local and regional non-profits working with law
enforcement and community coalitions to educate youth in
schools and in extracurricular programing on drug prevention.
The Committee further directs BJA to prioritize non-profit
organizations with comprehensive approaches to combating
substance use, including investigations, treatment, and
education.
STOP School Violence Act.--The recommendation includes
$82,000,000 for evidence-based school safety programs
administered by BJA under the STOP School Violence Act, and the
Committee notes that an additional $40,000,000 was made
available for this program for fiscal year 2025 under Public
Law 117-159. The Committee directs BJA to work with other
Federal agencies to notify States, localities, Tribes, and
school districts of funding availability upon release, to
prioritize evidence-based programming for training students and
school personnel on the warning signs of interpersonal violence
and suicide, and on mental health crisis intervention as
authorized by the Act, and to support applications that
prioritize the use of mental health professionals and resources
in school safety plans and protect the mental and emotional
health of students in high-risk communities. Finally, the
Committee encourages BJA to prioritize applicants from rural,
Tribal, and low-resourced school districts through microgrants
and to prioritize applicants that incorporate crisis centers,
evidence-based training for students and staff, and anonymous
reporting systems in their school safety plans.
Non-Lethal Drone Technology.--The Committee shares the
Department's concern about acquisition and application of
foreign made UAS technology and notes that the domestic
manufacturing of National Defense Authorization Act (NDAA)
compliant, non-lethal UAS technology has evolved rapidly in
recent years and are in use by State and local law enforcement
agencies across the country. The Committee directs the
Department to assess the use of American-made, non-lethal UAS
technology among State and local law enforcement agencies, and
to report to the Committee no later than 180 days after the
enactment of this Act on the feasibility of permitting the use
of BJA grant funds for the purchase of NDAA-compliant,
American-made drones.
Oversight of Grantee Technical Assistance.--The Committee
directs the Department to include within the annual report
directed by section 12003 of Public Law 117-159 any training
and technical assistance provided to grant recipients no later
than 180 days after the enactment of this Act.
Byrne Justice Community Project Grants.--The recommendation
includes $380,240,000 for Byrne Justice community projects to
assist State, local, and Tribal law enforcement efforts to
enforce laws, address violent crime, increase prosecutions,
improve the criminal justice system (including the correctional
system), provide victims' services, and other related
activities.
JUVENILE JUSTICE PROGRAMS
The recommendation includes $325,000,000 for Juvenile
Justice programs which is $50,000,000 less than the fiscal year
2024 enacted level and $82,000,000 less than the request. The
funds are distributed as follows:
JUVENILE JUSTICE PROGRAM
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Part B--State Formula Grants............................ $40,000
Youth Mentoring Grants.................................. 104,000
Prevention of Trafficking of Girls...................... 4,000
Tribal Youth............................................ 14,000
Girls in the Justice System............................. 4,500
Opioid Affected Youth Initiative........................ 7,500
Children Exposed to Violence............................ 4,500
Victims of Child Abuse Programs......................... 41,000
Missing and Exploited Children Programs................. 103,000
Training for Judicial Personnel......................... 2,500
---------------
Total, Juvenile Justice Programs.................... $325,000
------------------------------------------------------------------------
Competitive Grants Focusing on Preventing the Trafficking
of Girls.--The Committee understands that girls in the United
States with a history of sexual and physical abuse, school
failure, substance dependency, and involvement in the child
welfare system, as well as those who live in impoverished
communities or are experiencing homelessness, are at an
increased risk of becoming victims of domestic trafficking. The
Committee encourages the Department to make competitive grants
to non-profits and other non-governmental entities that have
undergone rigorous evaluation and have a successful track
record of administering research-based prevention and early
intervention programs for girls who are vulnerable to
trafficking, at a State level, and to scale up and replicate
these programs.
Competitive Grants Focusing on Preventing Girls from
Involvement in the Juvenile Justice System.--The Committee
understands that exposure to community violence, domestic
violence, and violence in school can impact the behavior and
well-being of girls, including increasing the likelihood of
dropping out of school, physical and mental illness, and
involvement in the juvenile justice system. The Committee
encourages the Department to make competitive grants to non-
profits and other non-governmental entities that have undergone
rigorous evaluation and have a successful track record of
administering research-based prevention and early intervention
programs for girls who are at risk of contact with the juvenile
justice system to scale up and replicate these programs.
Missing and Exploited Children Programs.--The
recommendation includes $103,000,000 for Missing and Exploited
Children programs, to fund the Internet Crimes Against Children
(ICAC) Task Force grants, missing and exploited children
activities as authorized by sections 404(b) and 406(a) of
Public Law 115-267, and the Amber Alert program. The Committee
directs the Department not to assess any management and
administration costs to programs funded by the Missing and
Exploited Children programs' line.
Internet Crimes Against Children Task Forces.--The
Committee encourages the Department to include in its ICAC Task
Force grant solicitation a prioritization of proactive
investigations of suspects possessing, distributing, or
producing violent and sadistic child sexual abuse imagery. The
Committee supports the Department's efforts to encourage ICAC
grantees to dedicate increased resources and efforts to
proactive investigations, which have demonstrated potential to
rescue children.
Child Sexual Abuse Prevention Policies within the Olympic
Movement.--The Committee encourages the Department to provide
options to evaluate and improve child sexual abuse prevention
policies within the Olympic movement.
National Adoption Competency Mental Health Training for
Juvenile Justice Professionals.--The recommendation includes up
to $2,000,000 for the Department to initiate the development of
a training curriculum to be disseminated to juvenile justice
professionals that routinely interact with and serve children
who are in foster care, adopted, or in kinship care to ensure
that mental health needs are considered in decisions related to
legal proceedings. In developing the training, the Committee
encourages the Department to consider building on existing
trainings developed by the U.S. Department of Health and Human
Services.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes a total of $280,800,000 for the
Public Safety Officer Benefits program, which is $72,000,000
above the fiscal year 2024 enacted level and equal to the
request. Of the funds provided, $246,000,000 is for death
benefits for survivors, an amount estimated by the
Congressional Budget Office and considered mandatory for
scorekeeping purposes. In addition, $34,800,000 is recommended
for disability benefits for public safety officers who are
permanently and totally disabled as a result of a catastrophic
injury sustained in the line of duty, and for education
benefits for the spouses and children of officers who are
killed in the line of duty or who are permanently and totally
disabled as a result of a catastrophic injury sustained in the
line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $670,000,000 for Community
Oriented Policing Services (COPS) programs, which is $5,484,000
above the fiscal year 2024 enacted level and $136,000,000 above
the request. The funds are distributed as follows:
COMMUNITY ORIENTED POLICING SERVICES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
COPS Hiring Program..................................... $297,423
Tribal Resources Grant Program...................... (34,000)
Regional Information Sharing Activities............. (44,000)
Tribal Access Program............................... (4,000)
Law Enforcement Mental Health and Wellness Act...... (10,000)
POLICE Act.............................................. 12,890
Anti-Methamphetamine Task Forces........................ 16,000
Anti-Heroin Task Forces................................. 35,000
STOP School Violence Act................................ 53,000
COPS Technology and Equipment Community Projects........ 255,687
---------------
Total, Community Oriented Policing Services......... $670,000
------------------------------------------------------------------------
COPS Grant Solicitations.--The Committee strongly disagrees
with the Department unilaterally adding new priority
considerations to COPS solicitations, including criteria based
on Executive Order 14074 on Advancing Effective, Accountable
Policing and Criminal Justice Practices to Enhance Public Trust
and Public Safety. The Committee directs the COPS office that
this criterion shall not be considered when making awards.
Small and Rural Police Departments.--The Committee directs
the Department to prioritize assisting small and rural law
enforcement agencies regarding all aspects of law enforcement
policies, procedures, practices, and operations, and federal
grant opportunities.
Limits on Management and Administration Fees.--The
Department shall assess no more than 4 percent of the total
appropriation for the Regional Information Sharing Systems
(RISS) program for management and administration purposes, to
ensure sufficient funding is available for law enforcement. The
Committee further directs the Department to continue to
administer the funding as grants.
POLICE Act.--The Committee notes the importance of training
partnerships that offer nationwide, dynamic scenario-based
training. The Committee understands training supported by the
POLICE Act has been adopted by numerous States and agencies as
the standard active shooter training and that the FBI has
adopted this program as its national training standard for
active shooter response. The Committee encourages the
Department to ensure that grants authorized by the POLICE Act
may be made available for primary schools, secondary schools,
and college campuses, and that training is an integrated
training model that involves both campus police officers and
local law enforcement officers. The Committee also encourages
the Department to support the development of e-learning
resources to supplement in-person training under the POLICE
Act. The Committee directs the Department to report to the
Committee, no later than 180 days after the enactment of this
Act, on the number of schools that have received active shooter
training and the number of schools' campus police officer units
that have received active shooter training in connection with
this program over the last three fiscal years. The Committee
also directs the Department to continue to comply with the
directives and reporting requirements specified in House Report
117-395.
STOP School Violence Act.--The recommendation includes
$53,000,000 for the STOP School Violence program administered
by the COPS office and continues to support funding for
evidence-based school hardening measures including metal
detectors, locks, lighting, ballistic glass, and other
deterrent measures, in coordination with law enforcement, as
well as training for local law enforcement officers to prevent
student violence, technology for expedited notification of
local law enforcement during an emergency, and other measures
determined to provide significant improvement in physical
security of schools. The Committee further encourages the
Department to provide technical assistance in support of
grantee capacity. The Committee notes concern about the lack of
school hardening measures available for all schools, including
private and religious schools.
Community Oriented Policing Services Technology and
Equipment Community Projects.--The recommendation includes
$255,687,000 to support State, local, Tribal law enforcement
efforts to develop and procure the technology and equipment
needed to respond more quickly and effectively, improve officer
safety, increase transparency, and enhance community relations.
Equipment funded under this program should meet any applicable
requirements of NIST's Office of Law Enforcement Standards.
General Provisions--Department of Justice
(INCLUDING TRANSFERS OF FUNDS)
The Committee has included the following general provisions
for the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to preserve
the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes that the Director of the Bureau of
Prisons is obliged to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media or
equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of BOP or Federal
Prison Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 1 percent of grant funds made
available to be used for criminal justice research, evaluation,
and statistics by the National Institute of Justice and the
Bureau of Justice Statistics and designates not less than one
quarter percent of grant funds made available to be transferred
to the Office of Inspector General.
Section 213 provides cost-share waivers for certain grant
programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided.
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 establishes reporting requirements for the
Department's Crime Victims Fund, the Working Capital Fund, the
Three Percent Fund, and the Asset Forfeiture Fund.
Section 218 places limitations on the Department's
performance of live tissue training.
Section 219 prohibits funds from being used by the
Department to target or investigate parents who peacefully
protest at school board meetings.
Section 220 prohibits funds from being used to investigate
or prosecute religious institutions on the basis of their
religious beliefs.
Section 221 prohibits funds from being used by the
Antitrust Division for certain premerger actions.
Section 222 prohibits funds from being used by any employee
of the Department to engage in certain merger activity with
foreign governments.
Section 223 establishes requirements for judicial review
related to a proposed Federal Bureau of Prisons facility.
Section 224 prohibits funds from being used to staff or
operate the Foreign Influence Task Force for the purpose of
monitoring or labeling constitutionally protected speech by a
United States person as misinformation, disinformation, or
malinformation.
TITLE III
SCIENCE
Office of Science and Technology Policy
The recommendation includes $5,544,000 for the Office of
Science and Technology Policy (OSTP), which is $2,421,000 below
fiscal year 2024 and $2,421,000 below the request.
Federally Funded Research.--The Committee is concerned that
under OSTP's direction in implementing the August 2022 memo
entitled ``Ensuring Free, Immediate, and Equitable Access to
Federally Funded Research'' agencies may be violating this
principle. OSTP shall clarify its guidance to agencies and
instruct them not to limit grant recipients' ability to
copyright, freely license, or control their works. Agencies
shall not exert broad ``Federal purpose'' authority over peer
reviewed articles or other written material reporting on
Federally funded research under 2 Fed. Reg. 200, or future
guidance, or otherwise force use of an open license.
Researchers should have the right to choose how and where they
publish or communicate their research and should not be forced
to disseminate their research in ways or under licenses that
could harm its integrity or lead to its modification without
their express consent.
Extreme Weather Events.--The Committee continues to note
that extreme weather events are complex, crosscutting problems
that pose risks to agriculture, infrastructure, commerce, and
human health while presenting a significant financial risk to
the Federal Government. The Committee acknowledges existing
efforts within the Federal agencies to reduce their fiscal
exposure and urges OSTP to ensure that those efforts constitute
a cohesive, strategic approach to manage risks across Federal
activities.
Nucleic Acids.--The Committee supports OSTP working with
the Assistant to the President for National Security Affairs to
coordinate the development of policies for all agencies that
fund life science research to require, as a condition of
Federal funding for research, that synthetic nucleic acid
procurement is conducted through providers or manufacturers
that adhere to OSTP's coming biosecurity screening framework.
The Committee finds that this work is critical for promoting
responsible research. However, the Committee is also concerned
that the procurement of synthetic nucleic acids from foreign
adversaries poses considerable national security risks given
that sensitive and/or proprietary information is shared. The
Committee urges OSTP to assist in the development of Federal
procurement policies that require that synthetic nucleic acids
be purchased from providers that manufacture such products in
the United States or allied nations.
Quadrennial Review and National Science and Technology
Strategy.--The CHIPS and Science Act (Public Law 117-167)
directed OSTP to complete a comprehensive quadrennial review
that will provide an overview of the Nation's innovation
landscape and provide policymakers, industry, researchers, and
other stakeholders with unbiased data and analysis to identify
the future needs, barriers, and opportunities for U.S. science
and technology. It also directs OSTP to take this analysis and
develop a national science and technology strategy to provide
recommendations for maintaining global leadership in science
and technology. The Committee believes that for this process to
be successful, OSTP must ensure that it is done in an open,
transparent manner that engages stakeholders outside of the
Federal research enterprise. OSTP is directed to report to the
House Appropriations Committee and the House Committee on
Science, Space, and Technology no later than 180 days after the
enactment of this Act, on the status of completing the
quadrennial review and a plan to engage stakeholders.
Soil Carbon Interagency Coordination.--The Committee
recognizes the importance of research on soil carbon
sequestration in agricultural lands, which provides economic,
environmental, and resilience benefits to U.S. farmers and
ranchers. The Committee also recognizes the need to coordinate
existing and new Federal efforts around soil carbon
sequestration. The Committee directs OSTP to report to the
Committee, no later than 90 days after the enactment of this
Act, on the feasibility of establishing an interagency Soil
Carbon Research Committee to coordinate with the Department of
Agriculture, the Department of Energy, Department of Interior,
National Aeronautics and Space Administration, and National
Science Foundation--to develop a cross-agency strategic plan
for Federal research, development, and deployment for soil
carbon research, sampling, and measurement methodologies.
National Space Council
The recommendation includes $1,865,000 for the activities
of the National Space Council, which is $100,000 below fiscal
year 2024 and $100,000 below the request.
National Aeronautics and Space Administration
The recommendation includes $25,178,640,000 for the
activities of the National Aeronautics and Space Administration
(NASA), which is $303,640,000 above fiscal year 2024 and
$204,100,000 below the request.
Quarterly Launch Schedule.--The Committee directs NASA to
continue providing the Committee with a quarterly launch
schedule, by mission, which describes the risks associated with
any launch delays, the impacts of launch delays to other
missions in the launch queue, a budget estimate of the
anticipated carrying costs for missed launch windows, as well
as any adjustments to launch windows for delayed missions.
Oversight and Accountability.--The Committee understands
that NASA acquisition management remains on the Government
Accountability Office's (GAO) ``high risk'' list. Therefore,
the Committee directs NASA to continue to cooperate fully with
GAO and provide timely program analysis, evaluation data, and
other relevant information so 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. The Committee further directs NASA to
brief the Committee no later than 30 days after the submission
of its annual budget submission on the reserves, along with
confidence level, if appropriate, assumed in the proposed
funding level for each directorate, theme, program, project, or
activity.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Science:
Earth Science.................................... $2,000,000
Planetary Science................................ 2,930,250
Astrophysics..................................... 1,532,250
Heliophysics..................................... 786,700
Biological and Physical Sciences................. 85,000
------------------
Total, Science............................... 7,334,200
==================
Aeronautics.......................................... 965,800
Space Technology..................................... 1,181,800
Exploration.......................................... 7,618,200
Space Operations..................................... 4,473,500
Science, Technology, Engineering, and Mathematics 89,000
(STEM)..............................................
Safety, Security, and Mission Services............... 3,044,440
Construction and Environmental Compliance and 424,100
Restoration.........................................
Office of Inspector General.......................... 47,600
==================
TOTAL, NASA...................................... $25,178,640
------------------------------------------------------------------------
SCIENCE
The recommendation includes $7,334,200,000 for Science
which is equal to fiscal year 2024 and $231,500,000 below the
request. The Committee directs NASA to allocate funding as
described in the table above and text below, and to continue
its progress toward implementing the recommendations within the
Earth Science, Planetary Science, Astrophysics, Heliophysics,
and Biological and Physical Sciences decadal surveys.
Support for Technological Solutions.--The recommendation
supports NASA programs to test technological solutions to
reduce part count, cost, and risk for future missions within
the Science Mission Directorate. The Committee encourages NASA
to support industry partnerships that advance research and
development, test activities to mature technological solutions
for optimization, and the creation of performance-enhancing
hardware designs at reduced cost and risk to future NASA
science missions.
University Small Satellite Missions.--The Committee
supports NASA's collaborative efforts with U.S. colleges and
universities to conduct research through small spacecraft
missions. The Committee believes these competitively selected
projects help train the next generation of scientists and
provide much-needed research. The recommendation includes no
less than $30,000,000 for these missions.
Earth Science.--The recommendation includes $2,000,000,000
for Earth Science.
Commercial Small Satellite Data Acquisition.--The Committee
supports the Commercial SmallSat Data Acquisition (CSDA)
program and includes $85,000,000 for the CSDA which identifies,
evaluates, and acquires data from commercial sources to support
NASA's earth science research and application goals. The
Committee directs NASA to utilize, to the greatest extent
practicable, open contracting mechanisms that allow for the
testing and evaluation of commercial data for research
purposes, on a continual rolling basis, regardless of
constellation size. The Committee encourages NASA to consider
on-demand tasking of various data types, quantities, and
qualities to meet research requirements especially in
augmenting or advancing existing research programs.
Remote Observations of the Stratosphere.--The Committee
supports NASA's work on airborne science platforms for
observing atmospheric stratospheric conditions and the Earth's
radiation budget, including the impacts of the introduction of
material into the stratosphere from changes in natural systems,
increased air and space traffic, solar interventions, and solar
radiation modification to enhance the value of NASA's satellite
and Earth Science programs. The Committee supports the
maintenance and operations of the WB-57 aircraft fleet, the
modification of equipment necessary to conduct measurements in
support of NASA satellites and models, and long-range heavy-
lift unmanned platforms for scientific observations in the
stratosphere and remote troposphere. The Committee also
supports the maintenance of non-satellite-based observations
necessary to monitor and improve the understanding of the upper
atmosphere. The Committee encourages NASA to coordinate with
the National Oceanic and Atmospheric Administration (NOAA) on a
plan for sustained observations of the stratosphere.
Geostationary Carbon Cycle Observatory.--The Committee is
aware that the NASA Geostationary Carbon Cycle Observatory
(GeoCarb) evaluation team is currently evaluating the hardware
and documentation delivered by the GeoCarb Principal
Investigator (PI) team and its industry partner, and that NASA
anticipates this evaluation to be completed by late summer or
early fall of 2024. The Committee notes that after this
evaluation, NASA will have a better understanding of a
potential launch path for the instrument and understands that
the fiscal year 2023 funds for GeoCarb were a two-year
appropriation which will not be available for obligation in
fiscal year 2025. The Committee directs NASA to expeditiously
complete the assessment of the instrument to enable the
earliest possible launch at minimal cost to the Federal
Government, and to work with the PI team to pursue possible
future public-private partnerships. The Committee further
directs NASA to provide a report, no later than 30 days after
the completion of the evaluation, on the path forward for the
instrument, including plans for a potential instrument launch
and associated costs. The recommendation includes up to
$20,000,000 for any calibration and characterization of the
GeoCarb instrument in fiscal year 2025 following the completion
of the NASA evaluation.
Wildfire Early Detection.--The Committee supports the Earth
Science Technology Office's work to develop, demonstrate, and
operate an affordable and scalable space-based thermal/infrared
(IR) sensor for early detection and warning of wildland fires.
The recommendation includes up to $50,000,000 to support the
aerial testing and launch of IR sensors on a demonstration-
scale SmallSat constellation.
Harmful Algal Blooms.--The Committee acknowledges the
importance of agency coordination, as mandated by Public Law
115-423, to enhance the understanding of the underlying impacts
of Harmful Algal Blooms (HABs) and to safeguard ecosystems. The
Committee recognizes that NASA's science mission offers
essential imaging technologies, such as satellite multispectral
imagery, airborne hyperspectral imagers, and automated surface
spectral radiometry, which can be used for the detection and
modeling of HABs. The Committee acknowledges that NASA has
unique capabilities and experience in using aerial vehicles to
conduct remote sensing of HABs to measure toxicity in algal
blooms. The Committee supports NASA's role in freshwater HAB
monitoring and detection and urges NASA to continue using
manned and unmanned aircraft to monitor HABs.
Landsat and Landsat Next.--The recommendation supports
Landsat Next and directs NASA to submit a report, no later than
120 days after the enactment of this Act, that includes a plan
to ensure the transition from the current Landsat spacecraft to
the Landsat Next spacecraft remains on schedule and there is no
disruption to the Landsat data record.
Planetary Science.--The recommendation includes
$2,930,250,000 for Planetary Science. The Committee recognizes
that continued investments in the Planetary Science key
technology areas enable future missions, including projects in
Lunar Development and Exploration, Planetary Defense, Discovery
and New Frontiers, Radioisotope Power Systems, Mars
Exploration, Outer Planets and Ocean Worlds, and Planetary
Science Research. These programs provide valuable research
through missions to planets across the solar system.
Near-Earth Object Surveyor Mission.--The recommendation
includes no less than $235,600,000 and up to $296,700,000 for
the Near-Earth Object Surveyor (NEO Surveyor). The Committee
urges NASA to maintain launch readiness for this mission.
Apophis Reconnaissance Mission.--The Committee notes the
importance of the OSIRIS-APEX mission and is concerned that
NASA may miss a unique opportunity presented by the asteroid
Apophis's close approach to the Earth in 2029. The
recommendation includes $5,000,000 for NASA to develop a plan
for a public-private partnership reconnaissance mission to
Apophis prior to its 2029 flyby. No later than 120 days after
the enactment of this Act, the Committee directs NASA to
provide a briefing on how the agency's investments in the New
Frontiers program will advance this mission, including NASA's
plans to execute the funds, key milestones, and deliverables.
The Committee directs NASA that this briefing shall include
updates on any partnerships formed, technological innovations
employed, scientific findings generated, and the impact of this
mission on advancing U.S. asteroid research and planetary
defense capabilities. The Committee emphasizes the importance
of prioritizing resources effectively to ensure the success of
this mission and encourages NASA to explore funding mechanisms
that balance the need for scientific exploration with budgetary
constraints, including new and innovative approaches that
leverage the expertise of small companies, non-traditional
partners, and private sector resource exploration potential
benefits.
Lunar Discovery and Exploration Program.--The
recommendation supports no less than $458,300,000 and up to
$533,300,000 for the Lunar Discovery and Exploration Program
(LDEP). The Committee urges NASA to ensure LDEP missions remain
on schedule and do not cause delay to Artemis.
Commercial Lunar Payload Services.--The recommendation
includes the request for the Commercial Lunar Payload Services
(CLPS) program. The Committee notes the importance of CLPS
funding remaining at no less than the fiscal year 2024 enacted
level, to grow the space economy and to create lasting,
affordable commercial operations on the Moon. The Committee
strongly supports NASA's partnerships and leveraging of the
space industry through the CLPS program. The Committee
emphasizes the importance of the CLPS program in maintaining
American leadership in space, developing a domestic space
industrial base for the U.S.'s return to the Moon, and
increasing lunar operations.
Dragonfly.--The Committee supports the Dragonfly mission
and encourages NASA to work to ensure launch readiness.
Mars Sample Return.--The Committee remains committed to the
prioritization process as set by the Planetary Sciences Decadal
Survey. While the Committee supports NASA's efforts to evaluate
additional industry solutions for the Mars Sample Return
mission, the Committee remains concerned that the agency's
decisions have led to serious losses to NASA's high-skilled
workforce and leadership in areas critical to planetary
sciences as well as future NASA missions. As such, the
recommendation includes no less than $650,000,000 to advance
the Mars Sample Return mission. In accordance with the
Independent Review Board's conclusions regarding the critical
importance of this mission, and considering the existing
architecture committed to successfully returning samples to
Earth, the Committee directs NASA to ensure that its fiscal
year 2026 budget request includes the funding necessary to
complete the mission launch no later than 2031.
Mars Sample Return Innovation.--The Committee is encouraged
by NASA's recent solicitation for industry proposals on
innovative and alternative architectures and elements for the
Mars Sample Return mission. Additionally, the Committee is
interested in seeing how commercial applicant involvement could
change how Science Mission Directorate missions are conducted.
The Committee notes the potential for incoming proposals to
include lower life-cycle cost, lower annual cost, provide
earlier sample return, and lower mission complexity and risk.
The Committee notes that NASA has not announced a process by
which these proposals will be evaluated and directs NASA to
submit a report, no later than 30 days after the enactment of
this Act, detailing any criteria it plans to utilize in the
assessment of the proposals.
Mars Reconnaissance Orbiter Mission.--The Committee directs
NASA to increase support for imaging at the Moon and Mars to
support future human exploration missions. The recommendation
supports the Mars Reconnaissance Orbiter mission, to preserve
its unique capabilities, such as high-resolution imaging of the
Martian surface, and develop plans for continued high-
resolution imaging of Mars. Further, the Committee directs NASA
to advance the Lunar Exploration and Science Orbiter (LExSO)
mission to carry an openly competed, high-resolution camera to
the Moon.
Astrophysics.--The recommendation includes $1,532,250,000
for Astrophysics.
Lunar-Based Gravitational Wave Astronomy.--Within the
amount for Astrophysics, the recommendation includes $1,000,000
for a study on the feasibility of a U.S.-led lunar-based
gravitational wave observatory, focused on investigating laser
interferometry on the Moon to broaden the spectrum of
gravitational waves. The Committee acknowledges NASA's
engagement in space-based gravitational wave astronomy through
its involvement in the European Space Agency-led Laser
Interferometer Space Antenna (LISA) mission but is concerned
that NASA is not appropriately prioritizing this emerging
research area. The Committee notes that the decadal survey
Pathways to Discovery in Astronomy and Astrophysics for the
2020s recognizes space-based gravitational wave detectors as
new windows into the universe. The Committee also notes that
NASA's plans to return astronauts to the Moon present a new
opportunity to ensure the U.S. will be at the forefront of
space-based gravitational wave astronomy with a lunar-based
facility.
Chandra X-Ray Observatory.--The Committee supports
continued funding for the Chandra X-Ray Observatory, which
continues to deliver discoveries addressing a wide range of
questions across astrophysics.
Dark Sky Research.--The recommendation includes $1,250,000
to continue NASA's competitively-awarded university partnership
to expand research and STEM activities focused on research and
education programs about the understanding of the Nation's
designated dark sky areas, such as the Central Idaho Dark Sky
Reserve.
Heliophysics.--The recommendation includes $786,700,000 for
Heliophysics.
Magnetospheric Multiscale Mission.--The recommendation
includes $26,000,000 for the Magnetospheric Multiscale mission
(MMS) which will increase the understanding of the behavior of
the sun and its interaction with Earth's magnetic field.
Biological and Physical Sciences.--The recommendation
includes $85,000,000 for Biological and Physical Sciences.
Commercial Low Earth Orbit Destinations.--Within the funds
provided for Biological and Physical Sciences, the Committee
supports the development and demonstration of in-situ analysis,
sample preparation and handling, and equipment for the next
generation of micro-gravity science for future Commercial Low
Earth Orbit (LEO) destinations. The Committee encourages NASA
to partner with industry and, to the extent practicable,
leverage Small Business Innovation Research (SBIR) investments,
when developing and operating space-based capabilities for
transformational microgravity science that advances U.S.
leadership in space, including in fluid and combustion science,
crop science, and biological research.
Human Spaceflight Research.--Within the funds provided for
Biological and Physical Sciences, the Committee directs NASA to
coordinate with industry to conduct a research and development
initiative focused on the safe and efficient processing of
human bio-waste during spaceflight.
AERONAUTICS
The recommendation includes $965,800,000 for Aeronautics,
which is $30,800,000 above fiscal year 2024 and equal to the
request.
Autonomous Support Systems for Advanced Air Mobility.--The
Committee notes the need to validate safe autonomous support
systems' architectures and develop industry standards for new
advanced air mobility (AAM) vehicle concepts. The Committee
encourages NASA to develop an aircraft test platform used to
validate the scalability of emerging, autonomous capabilities
and lead to the definition of open industry standards needed
for certification and safe deployment of these technologies.
The Committee notes that this development has the potential to
increase capacity of existing airspace, increase safety,
improve critical infrastructure resilience against threats and
adverse weather conditions, increase operational efficiency by
allowing more precise and fuel-efficient trajectories, and
drive the adoption of new supersonic and AAM vehicles.
Advanced Capabilities for Emergency Response Operations.--
The recommendation includes up to $11,800,000 for the Advanced
Capabilities for Emergency Response Operations (ACERO) to
conduct an initial demonstration of local information sharing,
airspace management, and aircraft deconfliction to enable
shared situational awareness necessary for emergency wildland
fire operations.
Safe Autonomous Flight Enabling Infrastructure.--The
Committee continues to support NASA's work to support flight
testing of autonomous vehicles in an integrated airspace that
enables Beyond Visual Line of Sight flights in a controlled
airspace and includes up to the request level for the Airspace
Operations and Safety Program and the Air Mobility Pathfinders
Project, including no less than $5,000,000 for safe autonomous
flight enabling infrastructure.
Advanced Air Vehicles Program.--The Committee supports
NASA's efforts to develop advanced propulsion technologies,
including the electric powertrain flight demonstrator and
compact core, to help the aviation industry obtain efficiency
improvements and reduce overall aviation emissions. The
Committee directs NASA to continue research and work toward the
technology maturation of new propulsion architectures and to
facilitate propulsion airframe integration for flight test
demonstration. The Committee encourages NASA to utilize cost
share opportunities with industry in furthering these efforts.
Superconducting Technologies for Electric and Liquid-
Hydrogen Powered Aircraft.-- The recommendation includes
$10,000,000 for NASA's Advanced Air Vehicles Program to support
research, development, and testing of superconducting
technologies for electrified and liquid-hydrogen (LH2) powered
aircraft. The Committee recognizes the need to invest in
hydrogen fuel technologies for utilization in the aviation
sector, specifically in hydrogen-capable and cryogenic-capable
propulsion engine fuel systems, and hydrogen-based aircraft
systems such as fuel cells; auxiliary power units; and
cryogenic electrical system and superconducting technologies
for electrified and LH2 powered aircraft. The Committee directs
NASA to focus on research and technology maturation in the
areas of superconducting materials, propulsion power train,
power distribution, and storage. No later than 120 days after
the enactment of this Act, the Committee directs NASA to
provide a report summarizing any recent or current investments
in aeronautics hydrogen research and development, as well as an
assessment of key technology areas for prioritization and
investment within the Aeronautics Mission Directorate.
Hypersonic Technology Program.--The recommendation supports
the Hypersonic Technology program and NASA's continued work
conducting research and development on High-Mach turbine
engines.
Automated Manufacturing Technologies for Reusable
Hypersonic Hot Structures.--The recommendation includes
$5,000,000 to develop and mature automation of high temperature
ceramic matrix composites for reusable commercial hypersonic
vehicles. The Committee encourages NASA to collaborate with
industry partners experienced in high-rate, large-scale
aerostructure design and manufacturing to provide unique
process development for large hypersonic aerostructures.
Making Advancements in Commercial Hypersonics Program.--The
Committee supports NASA's efforts to collaborate with the
commercial hypersonic industry to advance hypersonic endeavors.
The recommendation includes $15,000,000 for the Making
Advancements in Commercial Hypersonics (MACH) program as
directed to be established by the Joint Explanatory Statement
accompanying Public Law 118-42. The Committee directs NASA to
focus on flight testing and to provide a briefing on the MACH
program's advancement of the hypersonic industry's flight-
testing efforts no later than 60 days after the enactment of
this Act.
High-Performance Chase Aircraft.--The Committee understands
the value of high-performance chase aircraft, such as the F/A-
18 and F-15, that enhance NASA's unique research capabilities,
and recognizes the ongoing concern that some current chase
aircraft are nearing end-of-life and resulting in increasing
maintenance costs. The Committee directs NASA to continue
providing updates to the Committee on its chase aircraft fleet,
as necessary, and to engage in regular consultations with the
Department of Defense on strategies to improve the fleet
(including through aircraft transfers), and evaluate
administrative and legislative steps, as appropriate, to
facilitate such actions.
Integrated Aviation Systems Program.--The recommendation
includes $264,400,000 for the Integrated Aviation Systems
Program. The Committee supports NASA's continued work on the X-
66 Sustainable Flight Demonstrator (SFD) program and X-59 Low
Boom Flight Demonstrator program (LBFD). The Committee strongly
supports NASA's continued partnerships with U.S. industry
through development and flight demonstrations to develop
capabilities that balance human-machine interactions for safer,
more efficient flight.
Assured Autonomy Research.--The recommendation includes no
less than $12,000,000 for the continued development and flight
testing of technologies necessary to support an assured, semi-
autonomous aircraft architecture with in-time aviation safety
management system capabilities.
High-Rate Composite Aircraft Manufacturing.--The
recommendation includes up to $33,000,000 for the High-Rate
Composite Aircraft Manufacturing (HiCAM) project, to accelerate
industry's development of critical fuselage and wing concepts
through technology and manufacturing readiness. The Committee
encourages NASA to bolster the global competitiveness of the
U.S. aerospace industry by leveraging existing academic and
industry expertise to develop mature, affordable, high-rate
composite manufacturing and assembly technologies, enabling a
faster, more cost-effective production cycle for lightweight
airframe structures. The Committee directs NASA to utilize up
to 75 percent of these funds to support public-private
partnerships with at least a 50 percent Government cost share.
Hi-Rate Ceramic Matrix Composites.--The Committee provides
no less than $35,000,000 for Hi-Rate Ceramic Matrix Composites
(CMC) and notes that there is a growing need for improved
development and affordability of composite-based engine
components that require a cost-effective manufacturing path as
more efficient engines that incorporate higher temperatures and
pressures are developed for civil and commercial aviation,
supersonic, hypersonic, and other defense programs. The
Committee recognizes that investment in CMCs has the potential
to provide weight savings and durability from high temperature
composites that are necessary for the future of the aerospace
industry. Additionally, the Committee notes that CMCs could
enable a significant decrease in turbine weight, resulting in
less fuel consumption, lower lifecycle cost, and improved
system thrust-to-weight. However, technical challenges exist in
cost-effective high-volume production before the predicted
benefits of CMCs are extended to propulsion system design and
the benefits are fully realized. The Committee notes the
importance of the U.S. advanced propulsion system design, and
that continued investment in this area is critical for
preserving U.S. leadership.
Hybrid Thermally Efficient Core.--The Committee supports
NASA's continued work, in collaboration with industry, on the
Hybrid Thermally Efficient Core (HyTEC) program which supports
innovative small core gas turbine engines that aim to improve
the efficiency of future engines. The recommendation includes
no less than $20,000,000 for the launch of a second Phase 2
demonstration program with a targeted focus on high-temperature
and pressure durable engine core technology without
compromising efficiency or operability. No later than 180 days
after the enactment of this Act, the Committee directs NASA to
provide a report on the HyTEC program and milestones associated
with both Phase 2 demonstration programs.
Metal Wire Arc Additive Manufacturing.--The Committee notes
that the commercial aerospace sector uses additive
manufacturing for innovative, large-scale metal wire arc
additive manufacturing, including to manufacture orbital launch
vehicles. The Committee notes that additive manufacturing
allows for an optimized build of aerospace structures, which
often translates into weight reduction leading to higher fuel
efficiency. The Committee encourages NASA to prioritize large-
scale metal wire arc additive manufacturing capabilities to
enable rapid and efficient prototyping of new and more
efficient aerospace vehicles.
Advanced Air Mobility and Unmanned Aerial Systems Test
Site.--The Committee notes that an Advanced Air Mobility (AAM)/
Unmanned Aerial Systems (UAS) test site could improve the
safety and efficiency of AAM and UAS operations by serving as a
comprehensive proving ground for AAM and UAS development,
including Beyond Visual Line of Sight, ground-based radar,
telemetry data collection, datalinks, electromagnetic
interference, and Detect-and-Avoid concepts. The Committee
directs NASA to provide a report, no later than 180 days after
the enactment of this Act, on the feasibility of developing
such a test site, including at an existing NASA facility.
SPACE TECHNOLOGY
The recommendation includes $1,181,800,000 for Space
Technology, which is $81,800,000 above fiscal year 2024 and
equal to the request.
Lunar Power Systems.--The recommendation includes
$120,000,000 for the development of lunar power systems for
anticipated surface missions in the mid-2020s.
Fission Surface Power.--The recommendation includes
$50,000,000 for the advancement of Fission Surface Power, if
NASA determines that fission can supply power for ten years in
the lunar environment.
Nuclear Thermal Propulsion.--Nuclear Thermal Propulsion
(NTP) is a critical space propulsion technology that will
enable a host of exploration, scientific, national security,
and commercial applications. The recommendation includes
$110,000,000 for the Space Nuclear Propulsion, for the
development and demonstration of operational nuclear propulsion
systems. Subsequent NASA budget submissions and future year
projections should reflect how nuclear propulsion objectives
and goals are rated in the shortfall prioritization process. In
addition, NASA is directed to provide a detailed spending plan
for NTP as well as a plan for the design.
Nuclear Electric Propulsion.--The recommendation includes
up to $20,000,000 to begin a systematic approach to developing
Nuclear Electric Propulsion technologies and systems capable of
ferrying astronauts to Mars or deep space science missions.
Space Nuclear Propulsion Program Office.--The Committee
notes the intent of the Space Technology Mission Directorate to
establish a Space Nuclear Propulsion Technology Program Office,
to coordinate the development and demonstration of NTP and
capabilities. The Committee encourages the Space Technology
Mission Directorate to expedite the establishment of this
important Program Office.
Orbital Debris Inspection Mission.--The recommendation
includes up to $25,000,000 for the Small Spacecraft Technology
program for the development of an Orbital Debris Inspection
Mission. The funding provided for this program continues its
innovative approach by leveraging the commercial sector to
demonstrate technologies on-orbit. The Committee supports a
technology demonstration that tracks, characterizes, and
inspects multiple objects in space.
Next Generation Commercial Space Station.--The Committee
supports maintaining International Space Station (ISS)
operations through 2030. The continued infrastructural damages
to the ISS and current geopolitical realities of ISS partners
provide for the increased need for viable, independent,
continuous, alternatives to support the future of America's
sustained presence in LEO and provide microgravity
capabilities.
Space Nuclear Fuels Technologies.--The Committee continues
to support development of operational system capability for
nuclear propulsion beyond the NASA and Demonstration Rocket for
Agile Cislunar Operations (DRACO) program. New fuel types that
can operate at high temperatures and in extreme environments
are critical to future operational capability for space nuclear
propulsion and power reactors.
Rapid Analysis and Manufacturing Propulsion Technology
Project.--The Committee is encouraged by the collaborative
approach between NASA and industry in developing new materials
and manufacturing methods to improve the performance and reduce
costs of rocket thrust chamber assemblies through the Rapid
Analysis and Manufacturing Propulsion Technology (RAMPT)
project and its follow-on projects the Refractory Alloy
Additive Manufacturing Build Optimization (RAAMBO) and
Optimized and Repeatable Components in Additive Manufacturing
(ORCA). The Committee notes the success of these investments in
developing new materials and directs NASA to continue such
funding.
Intellectual Property Protections.--The Committee supports
NASA working with the commercial space industry to review and
update as necessary agency guidelines for technology transfer
licensing and space technology intellectual property
protections.
Additive Manufacturing.--The Committee supports the use of
Additive manufacturing to reduce time and costs associated with
manufacturing and recommends that efficiency-producing
advancements in this type of technology be aggressively
pursued.
EXTREME Center.--The recommendation includes $20,000,0000
for the Extra-Terrestrial Resource and Manufacturing
Engineering (EXTREME) Center's vision is to develop convergent
research in engineering for materials, processes, automation,
recycling, in situ resource refinement/utilization, advanced
materials properties, advanced power systems for propulsion and
surface supply, and advanced structural engineering concepts
specifically focused on establishing prototype capabilities in
extra-terrestrial applications of digital engineering, advanced
robotics, and additive manufacturing processes reaching at
least a Technical Readiness Level of 3 (TRL 3). Objectives in
the near term will be to demonstrate proof of concept
capabilities in processes for space-based applications, both
orbital and surface. With the foundational capabilities and
consortium established, the EXTREME Center will seek to
establish a world class Manufacturing USA Engineering Research
Institute (ERI) to conduct applied research leading from the
laboratory to flight-capable systems demonstrating the ability
to deliver systems prototypes in the space environment (TRL 4-
7). Research focus areas will include characterizing materials
from the atomic scale to hundreds of meters in three
dimensions. The practical use case for these experiments will
be to understand the engineering properties of recycled and
locally resourced materials required to build, repair, and
maintain systems in space, both orbital and on the lunar and
Martian surface. In parallel with the ERI and Manufacturing USA
efforts, the EXTREME Center collaboration will partner with
government and industrial customers to build the engineering
and support networks that will deliver U.S. leadership and
competitiveness in the advent of the new space economy, Space
2.0.
Regional Economic Development.--The recommendation includes
up to $10,000,000 to focus on partnership with State and
regional economic development organizations as they expand
space-related commercial opportunities designed to address NASA
mission needs.
On-orbit Servicing Assembly and Manufacturing 1 (OSAM-1).--
Consistent with the direction provided in the Joint Explanatory
Statement accompanying the Public Law 118-42, NASA is currently
assessing the ability to meet a 2026 launch date and will
provide an update to the Committees upon completion. The
Committee awaits the plan assessing project utilization,
including potential uses by other government agencies or
commercial entities for satellite servicing, orbital debris
removal or other aspects of space traffic management.
CAPSTONE Mission Extension.--The Committee notes that the
CAPSTONE mission has reduced risk for future spacecraft and the
Artemis Program by validating innovative navigation
technologies and verifying the dynamics of the Near Rectilinear
Halo Orbit (NRHO). The CAPSTONE mission extension will
facilitate additional development of the underlying
technologies informed by the mission data and the dissemination
of the model to support other missions-of-opportunity programs.
Therefore, the Committee directs the Small Spacecraft
Technology program to provide mission of opportunity funding
for the CAPSTONE mission extension.
Cislunar Communications and Navigation.--The Committee
supports the continued development and implementation of the
LunaNet architecture and LCRNS project to provide cislunar
communications and navigation. The Committee encourages the
Administrator to leverage prior investments of the United
States Government and U.S. commercial sector, to the maximum
extent possible, to support rapid demonstration of key
technologies both in space and associated with the
corresponding ground segment. Furthermore, the Administrator
should prioritize domestic United States capabilities to ensure
a resilient and secure architecture that may be augmented by
foreign capabilities if necessary.
EXPLORATION
The recommendation includes $7,618,200,000 for Exploration,
which is $48,000,000 below fiscal year 2024 and equal to the
request.
Launch Systems.--The Space Launch System (SLS), Orion
Multi-Purpose Crew Vehicle (Orion), and Exploration Ground
System (EGS) are all critical infrastructure for the
development and sustainment of the Nation's human exploration
goals. These investments are critical to human exploration of
space beyond Low Earth Orbit and provide flexibility for a
variety of missions and destinations including the Moon and
Mars. The recommendation includes $2,600,000,000 for SLS;
$1,338,700,000 for Orion; and $799,150,000 for EGS. These
funding levels ensure the earliest possible crewed launch of
SLS, as well as prepare for the development of future science
and crewed missions.
Human Landing System.--The recommendation includes no less
than $1,864,000,000 for the Human Landing System (HLS).
Advanced Environmental Control and Life Support System.--
The recommendation includes up to $25,000,000 for public-
private partnerships to develop the critical Moon to Mars
Environmental Control and Life Support System (ECLSS) closed
mission systems capabilities that will be necessary for
successful and safe missions in the deep space environment,
including closed mission system ECLSS architectures, highly
resilient and redundant systems, small and lightweight form
factors, regenerative capabilities, and in situ repair
capabilities assuming a deep space mission in which no cargo or
spares are available. To the maximum extent practicable, NASA
is encouraged to leverage proven ECLSS systems used and with
spaceflight and duration heritage from the ISS to ensure
systems developed for deep space missions draw on the flight
proven heritage of ISS capabilities but upgraded with latest
technology and designed for deep space environment. No later
than 90 days after the enactment of this Act, NASA is directed
to identify the key technologies necessary for development,
test and certification for long duration Moon and Mars crewed
missions and how this program can help accelerate development
and testing of these critical capabilities.
Block 1B Development.--The Committee is supportive of
NASA's plans to fully develop SLS capabilities and directs NASA
to continue the simultaneous development of the authorized
activities under section 302(c)(1)(a) and (b) of Public Law
111-267. Enabling the evolution of SLS from the vehicle used in
Artemis I to the Block 1B variant and eventually the 130 metric
ton variant, requires the continued development of the interim
Block 1B variation of SLS, including the continued development
of Exploration Upper Stage. It also requires modifications to
SLS, the continued construction of an ML-2 as a Block 1B
compatible mobile launch platform, and development of any
additional processing and launch capabilities. To further
enable NASA's goals for the Artemis program, the recommendation
includes no less than $235,800,000 and up to $600,000,000 for
Block 1B development for Exploration Upper Stage (EUS) engine
development and associated stage adapter work from within the
amounts provided for SLS.
Fabrication Laboratory In-Space Manufacturing
Demonstration.--Of the funds made available for Exploration
Capabilities of the Mars Campaign Development program in the
Exploration Systems Development Mission Directorate, no less
than $10,000,000 shall be for a fabrication laboratory (FabLab)
demonstration of metal and electronic manufacturing in space.
Exploration Extravehicular Activity Service.--The Committee
supports NASA's efforts to award two task orders to multiple
industry providers to advance the development, testing,
certification, and mission readiness of next generation
extravehicular activity (EVA) spacesuits for the International
Space Station (ISS) and future Low Earth Orbit platforms as
well as the Artemis III mission and beyond. The Committee
believes having two providers funded and providing capability
for these missions will ensure continued competition on cost,
schedule, and capability while providing NASA with redundancy
for Artemis and Mars missions. The recommendation includes no
less than $494,900,000 for the Exploration Extravehicular
Activity Service (XEVAS) and Human Surface Mobility program in
fiscal year 2025 to ensure that all task orders necessary to
maintain schedule for the ISS demonstration and missions and
Artemis missions to the Moon and later Mars are fulfilled. The
Committee directs NASA to support competition and redundancy
for future Artemis missions starting with Artemis IV by
providing the Committee with a plan, including a task order and
funding roadmap, to have both EVA spacesuits developed and
certified for lunar surface missions in time for the selection
of the EVA spacesuit for the Artemis IV mission.
Human Landing System Program Initiative.--The Committee
directs NASA to fund the development and crewed demonstration
of a second commercial human landing system through the
Sustaining Lunar Development Program initiative in the Human
Landing System Program initiative.
SPACE OPERATIONS
The recommendation includes $4,473,500,000 for Space
Operations, which is $253,500,000 above fiscal year 2024 and
$83,800,000 above the request.
Commercial Crew and Cargo.--The Committee strongly supports
continued, regular access to the International Space Station
and notes that this access supports national capabilities in
Earth orbit and is vital to retaining U.S. leadership in space.
The Committee also recognizes that U.S. commercial providers
have enabled significant additional scientific capability at
reduced costs for NASA. NASA shall maintain a regular cadence
of not less than two crew rotation missions per year and five
cargo missions per year on U.S. vehicle systems while the
International Space Station is operational. The recommendation
includes not less than $1,890,000,000 for the Crew and Cargo
Program.
Small Satellite Cross-Link Systems.--The recommendation
includes $25,000,000 to align NASA's relay networks to transmit
large volumes of science and Earth remote sensing data to users
via high-speed (V-band), low latency links. The Committee
anticipates that this initiative will provide an expanded
educational opportunity for individuals studying SmallSat
Cross-Link Systems.
Bermuda Tracking and Telemetry Station.--The recommendation
includes up to $6,000,000 to upgrade the Bermuda Tracking and
Telemetry Station to support remote operation for Government
and commercial launch users.
Commercial LEO Destinations.--The Committee is aware that
NASA plans two phases for Commercial LEO Destinations (CLD),
which is a deviation from the phasing and timelines used
successfully in NASA's Commercial Cargo and Crew Programs. The
Committee seeks to understand NASA's plans to take full
advantage of potential CLD providers, while addressing the
technical risks of the planned two-phase program compared to
alternative approaches. NASA is directed to brief the Committee
no later than 90 days after the enactment of this Act on its
plans to achieve rapid and cost-effective CLD capabilities.
This briefing shall include an assessment of: (i) the benefits
of NASA's CLD requirements being met by a mix of different
services from CLD contractor teams instead of requiring nearly
identical services from providers; and (ii) the benefits of the
CLD program taking incremental steps toward more advanced CLD
capabilities over time.
International Space Station.--The Committee supports
continued access to and supply of the International Space
Station (ISS) in order to maintain our national capabilities in
Earth orbit and retain the current measure of U.S. leadership
in space and space-based research.
21st Century Space Launch Complex.--The recommendation
includes up to $20,000,000 for the 21st Century Space Launch
Complex. The Committee continues to encourage NASA to take into
consideration the full potential of all NASA-owned launch
complexes in awarding the balance of funds made available and
in planning for future funding requests for this critical space
infrastructure program.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
The recommendation includes $89,000,000 for Science,
Technology, Engineering, and Mathematics Engagement (STEM),
which is $54,000,000 below fiscal year 2024 and $54,500,000
below the request.
Established Program to Stimulate Competitive Research.--The
recommendation includes $29,000,000 for the Established Program
to Stimulate Competitive Research (EPSCoR). Within the amount
provided, the Committee directs NASA to allocate no more than
10 percent of EPSCoR funding for administration and other
overhead costs. The Committee acknowledges the important role
EPSCoR plays in spurring innovation, bolstering research
capabilities at institutions that are historically underserved
by Federal research and development funding, and strengthening
the STEM workforce.
Space Grant Program.--The recommendation includes
$60,000,000 for the Space Grant program and directs NASA to
allocate these funds to State consortia for competitively
awarded grants in support of local, regional, and national STEM
needs and to support all 52 participating jurisdictions at no
less than $860,000 each.
SAFETY, SECURITY AND MISSION SERVICES
The recommendation includes $3,044,440,000 for Safety,
Security and Mission Services, which is $84,560,000 below the
fiscal year 2024 enacted level and equal to the request.
Management of Digital Media Content.--The Committee notes
the importance of maintaining the public confidence in the
integrity of digital media content produced and published by
NASA. The Committee urges NASA to continue to improve and
evolve its standards of maintenance and use of its images,
videos, audio files, and other content from its aeronautic,
orbital, space travel, space operations, deep space
observation, and other critical missions. No later than 180
days after the enactment of this Act, the Committee directs
NASA to evaluate and report on the feasibility and advisability
of implementing additional data protection technology for
digital media content including images, videos, audio files,
and content.
Intellectual Property Oversight.--The Committee recognizes
the importance of protecting intellectual property (IP),
particularly in regard to sophisticated space technologies. The
Committee encourages NASA to establish greater oversight of IP
protection and management including for programs and missions
supported by prime contractors with teams of subcontractors.
The Committee directs NASA to undertake a review of the current
IP environment and to set clear policies on IP protection to
ensure that contractors are not taking advantage of or
appropriating the IP of other program participants. No later
than 90 days after the enactment of this Act, the Committee
directs NASA to provide a report on NASA's policies for the
protection of IP among vendors and suppliers working jointly or
as teams on NASA programs and missions. The Committee directs
that the report shall include descriptions of training provided
to NASA program and contract personnel, current regulatory
guidance, current oversight mechanisms, processes for dispute
resolution, and any identified challenges or proposed solutions
to enhance oversight of contractor IP.
Small Business Proprietary Information Protection.--The
Committee notes the importance of small businesses supporting
government contracts and programs. The Committee also notes
that some small businesses have expressed concern that
proprietary data disclosure requirements may provide an unduly
competitive advantage to other contractors. No later than 90
days after the enactment of this Act, the Committee directs
NASA to provide a report on the agency's oversight of
contractors including current contracting proposal guidance and
parameters, mitigation processes within NASA for preventing
unnecessary or abusive practices, and NASA's standards for
private small business subcontractor disclosures to other
contractors for evaluation and reporting.
NASA Solutions for Enterprise-Wide Procurement VI.--The
Committee directs NASA to utilize a vendor-agnostic, multi-
cloud approach for the NASA Solutions for Enterprise-Wide
Procurement VI, that drives competition and innovation to
create a more accessible and secure environment.
NASA Safety, Security and Mission Services Community
Projects.--The recommendation includes $57,828,000 for NASA
community projects. The Committee directs NASA to perform the
same level of oversight and due diligence as with any other
external partners.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The recommendation includes $424,100,000 for Construction
and Environmental Compliance and Restoration (CECR), which is
$124,100,000 above fiscal year 2024 and equal to the request.
Spaceport Infrastructure Investment.--Within available
funds and existing authorities, NASA is encouraged to
prioritize investment in its spaceport infrastructure.
Space Infrastructure Modernization.--The Committee
encourages NASA to consider a pilot program, with qualified
entities that hold the requisite expertise and capability in
modernizing, operating, and maintaining physical assets through
Government-Owned, Contractor-Operated (GOCO) contracts that
support NASA's mission.
OFFICE OF INSPECTOR GENERAL
The recommendation includes $47,600,000 for the Office of
Inspector General, which is equal to fiscal year 2024 and
$2,900,000 below the request.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The Committee has included the following administrative
provisions for NASA:
The bill includes a provision that makes funds for any
announced prize available without fiscal year limitation until
the prize is claimed or the offer is withdrawn.
The bill includes a provision that establishes terms and
conditions for the transfer of funds.
The bill includes provisions that require NASA to submit a
spending plan at the activity level and subject both the
spending plan and specified changes to that plan to
reprogramming procedures under section 505 of this Act.
The bill allows for certain transfers of funds.
The bill includes a provision providing NASA the authority
to combine amounts from one or more of its Science,
Aeronautics, Space Technology, Exploration, and Space
Operations appropriations with amounts from the STEM Engagement
appropriation to jointly fund discrete projects or activities,
through contracts, grants, or cooperative agreements, that
serve these purposes. NASA is directed to provide notification
of the agency's intent to award a contract, grant, or
cooperative agreement that would be jointly funded under this
authority, no less than 15 days prior to award.
The bill permits a transfer of funds into NASA's Working
Capital Fund.
The bill includes two provisions to extend the period of
availability for certain funds.
National Science Foundation
The recommendation includes $9,258,640,000 for the National
Science Foundation (NSF), which is $198,640,000 above the
fiscal year 2024 enacted level, and $924,360,000 below the
request.
RESEARCH AND RELATED ACTIVITIES
The recommendation includes $7,546,630,000 for Research and
Related Activities (R&RA), which is $370,130,000 above the
fiscal year 2024 enacted level, and $498,690,000 below the
request.
Established Program to Stimulate Competitive Research.--The
Committee supports EPSCoR and notes its important role in
spurring innovation, bolstering research capabilities at
institutions that have historically received less Federal
research and development funding, and strengthening the STEM
workforce. The recommendation includes no less than
$250,000,000 for EPSCoR and directs that no more than 5 percent
of these funds may be allocated for administration and other
overhead costs. The Committee is looking forward to reviewing
more data on the impact of the pilot projects in addressing
research competitiveness in EPSCoR States in the coming years.
The Committee directs NSF to continue accepting applications
for the jurisdiction-wide Track 1 Research Infrastructure
Improvement Program. Additionally, the Committee directs NSF to
work with EPSCoR jurisdictions to ensure there is statewide
collaboration on Track 1, E-CORE, and E-RISE award applications
and award management. Furthermore, the Committee directs NSF to
allow Track 1 participants to apply for the E-CORE and E-RISE
awards as part of the pilot program.
Regional Innovation Engines.--The recommendation includes
$205,000,000 for the Regional Innovation Engines, as authorized
by section 10388 of Public Law 117-167.
Office of Research Security Strategy and Policy.--The
Committee commends NSF's continued focus on research security
and provides up to $15,520,000 for the Office of Research
Security Strategy and Policy.
National Center for Science and Engineering Statistics.--
The Committee supports the work of the National Center for
Science and Engineering Statistics (NCSES), and encourages it
to identify, compile, and analyze existing nationwide data and
conduct survey research to better understand the national cyber
workforce, as well as support other related statistical
activities outlined in Public Law 117-167. Noting the already
low ratio of personnel-to-budget at NCSES relative to other
Federal statistical agencies, the Committee encourages support
for additional personnel, which may include statisticians,
economists, research scientists, and other statistical and
support staff as needed, to ensure adequate staffing for this
research.
Astronomy and Astrophysics Decadal Survey Priority
Facilities.--The Committee understands that the Decadal Survey
on Astronomy and Astrophysics 2020 (Astro2020) has developed a
comprehensive research strategy and vision for the future of
astronomy and astrophysics, particularly as it relates to
ground-based instruments and observatories, including the U.S.
Extremely Large Telescope Program (USELT) and the Next
Generation Very Large Array. The recommendation includes
$30,000,000 for design-related funding. The Committee
acknowledges NSF has announced a process by which it will
decide how best to advance the USELT and strongly encourages
NSF to ensure that the USELT includes a two-observatory
footprint with a mechanism to guarantee robust community
access. The Committee notes that advancing these projects will
ensure that the U.S. can maintain world leadership in astronomy
for the benefit of U.S. innovation, STEM careers, and national
security. The Committee directs NSF to provide regular
briefings on the status of the USELT and encourages NSF to
minimize delays and reduce risks to cost growth on the highest
ranked large-scale, ground-based projects that have submitted
plans to the agency review process and which are already beyond
the planning and preliminary design phases.
Astronomy Current Facilities.--The Committee directs NSF to
ensure there is adequate support for operational costs and
maintenance at its current astronomy facilities, as it
considers new astronomy investments.
U.S. Sub-Seafloor Sampling Program.--The recommendation
includes $60,000,000 for the U.S. Sub-Seafloor Sampling
Program, a follow-on program to the International Ocean
Discovery Program (IODP). The Committee understands that NSF
wants to meet the current and future needs of the earth science
community with the capabilities provided by the scientific
research vessel JOIDES Resolution (JR), and directs NSF to
utilize those resources to plan for and execute a program that
will utilize a portfolio of sub-seafloor sampling approaches
and expeditions, including by engaging in conversations
regarding an extension of the current management contract,
continuing scientific ocean drilling missions with the JR for
no less than three missions in fiscal year 2025, and to support
the continued operation of the JR until the expiration of the
vessel's Environmental Impact Statement. Given the growing
threat from China, the Committee emphasizes that retaining U.S.
leadership in this space is critical to national security
interests and directs NSF to brief the Committee no later than
90 days after the enactment of this Act on its plan to
implement this direction, as well as the strategy for meeting
the breadth of sub-seafloor sampling needs, which could include
plans for a new scientific ocean drilling vessel. Additionally,
the Committee directs NSF to develop a strategy to maximize the
scientific utilization of current and future earth core
samples, including working with the current U.S. repository for
scientific ocean drilling cores on a long-term plan to build
out analytical capabilities and educational outreach for the
earth science community.
Earth and Planetary Material Characterization Laboratory.--
The Committee recognizes that as NSF prepares to transition the
IODP to a model that more heavily funds research on existing
earth core samples, a national academic lab housing current and
future earth core samples, specialized equipment and data, and
scientific expertise is needed to support research, education,
and workforce development at the frontier of geosciences. The
Committee encourages NSF to collaborate with an academic
institution with specific expertise in managing and handling
earth core samples and directs NSF to assess the viability and
cost of consolidating samples located in other countries into
this lab.
Intense, Ultrafast Lasers.--The Committee commends NSF for
starting to implement the recommendations from the Brightest
Light Initiative Workshop, including research and
infrastructure investments. The Committee encourages NSF to
continue moving forward with the planning and design to build
next generation cutting-edge facilities needed to advance
ultrafast and high-power laser technologies and stay ahead of
international competition.
Artificial Intelligence.--The Committee believes it is
important to maintain leadership in AI and commends NSF for its
significant investments in this area. The Committee encourages
NSF to continue its efforts in workforce development for AI and
other emerging technologies to widen the workforce pipeline of
students graduating with AI and data literacy. In addition, the
Committee encourages NSF, as it implements partnerships and
cooperative agreements, to support research on AI's
implications on society.
Historically Black Colleges and Universities--Excellence in
Research.--The recommendation includes $24,850,000 for the
Historically Black Colleges and Universities--Excellence in
Research program.
Neutrino Observatory.--The Committee is aware of the many
important scientific contributions being made by the South Pole
neutrino observatory IceCube, the current upgrade underway, and
the initial planning for the next generation facility IceCube-
Gen2 as recommended in Astro2020 and the Particle Physics
Project Prioritization Panel (P5). The Committee encourages NSF
to consider development activities for IceCube-Gen2 and to
ensure an appropriate transition between the IceCube upgrade
and IceCube-Gen2 construction projects to leverage lessons
learned and knowledge transfer from one project to another.
Grants for Air Quality and Wildfire Research.--The
Committee recognizes the need for additional research into air
quality and wildfires and encourages NSF to continue its
investments in this area.
Ethical and Societal Considerations Report.--The Committee
notes that section 10343 of Public Law 117-167 directed NSF to
intake stakeholder support to revise proposal instructions to
require that ethical and societal considerations be included in
funding proposals, prior to making awards. No later than 90
days after the enactment of this Act, the Committee directs NSF
to provide a briefing detailing the status of this requirement.
Harmful Algal Blooms.--The Committee supports the work of
the Oceans and Human Health program to support research into
the human health impacts of HABs in marine coastal regions, the
Great Lakes Basin, and freshwater systems. The Committee
further encourages research to better understand how the influx
of nutrients, including dissolved nitrogen and phosphorus, and
the effects of soil amendments, pesticides, and herbicides on
soil absorption of nutrients contribute to HAB outbreaks.
Center for High Energy X-Ray Science.--The Committee
acknowledges the importance of the Center for High Energy X-Ray
Science (CHEXS) as a multi-disciplinary user facility to the
scientific research community and directs NSF to provide
$12,000,000 to fully fund CHEXS at maximum operating capacity.
Spectrum Innovation.--The Committee supports NSF's work to
create a national center for wireless spectrum research and
collaboration that can serve as an inclusive,
interdisciplinary, and innovative community for all radio
spectrum stakeholders across industry, government, and
academia. The Committee encourages NSF to continue to support
the center's consortium and its research and workforce
development initiatives.
Arecibo Observatory.--The Committee continues to recognize
the scientific and educational contributions made by the
Arecibo Observatory (AO) and the 305-meter legacy radio
telescope. The Committee understands the AO will undergo a
transition from a primarily scientific mission to STEM
education and workforce development. The Committee further
understands there is additional scientific instrumentation at
the site that could be utilized to retain a scientific mission
in this facility. No later than 180 days after the enactment of
this Act, the Committee directs NSF to provide a briefing on a
plan to utilize these instruments at AO in support of active
science and scientific research alongside education and
workforce development.
Arctic Research.--The Committee supports the continued
investments in Polar Programs research funding pursuant to
Federal priorities set forth in the Arctic Research Plan and
National Strategy for the Arctic Region. Recognizing the
relevance of Arctic research for national mitigation responses,
the Committee encourages NSF to fund Arctic research that
prioritizes Arctic observations, processes, and feedback
through model development.
National Artificial Intelligence Research Resource Pilot
Program.--The recommendation includes $30,000,000 for the
National Artificial Intelligence Research Resource (NAIRR)
pilot program. The Committee commends NSF on the launch of the
NAIRR and notes the importance of maintaining American
leadership in AI. The Committee looks forward to seeing the
evolution of the NAIRR as a tool to provide access to
computing, data, model, software, and training resources to
researchers. No later than 90 days after the enactment of this
Act, the Committee directs NSF to provide a briefing on the
progress of the pilot, planning and resources required for full
realization of the NAIRR, and budget expectations for out
years.
Open Access.--When considering existing or future open or
public access policies, the Committee directs NSF to refrain
from issuing guidance, restrictions, or otherwise limiting the
ability of extramural grant recipients to freely license or
control their written works, including under 2 Fed. Reg. 200 or
guidance on ``federal purpose'' from the Office of Management
and Budget (OMB).
Combating Sexual Harassment in Science.--The recommendation
supports the activities authorized in section 10539 of Public
Law 117-167 and encourages NSF to work in partnership with
stakeholders from across the science ecosystem with experience
in field safety and the prevention of sexual harassment in
science.
High-Performance Computing.--The Committee commends NSF on
its continued commitment to its high-performance computing and
data analysis capabilities and urges NSF to make timely and
significant investments in high-performance computing. The
Committee emphasizes the importance of NSF's commitment to
developing and supporting systems that facilitate tremendous
leaps in computational simulation including AI, quantum
computing, and data analysis. The Committee highlights the
importance of leading-edge high-performance computing
infrastructure for continued U.S. leadership and international
scientific competitiveness, particularly given computational
investments and technical achievements in high-performance
computing by China.
Dyslexia.--The Committee encourages NSF to continue
research on the science of dyslexia, and to support multi-
directorate, merit reviewed, and competitively awarded research
on the science of specific learning disabilities, including
dyslexia, such as research on the early identification of
children and students with dyslexia, professional development
for teachers and administrators of students with dyslexia,
curricula and educational tools needed for children with
dyslexia, and the implementation and scaling of successful
models of dyslexia intervention.
Accessible Microelectronics Lab Facilities.--The Committee
understands that an accessible microelectronics lab is a user
facility designed to bring hands-on experience to electronics
prototyping--a physical factory where students and engineers
from anywhere in the U.S. can design electronics systems. The
Committee recognizes that accessible microelectronics labs
designed to facilitate electronics prototyping can enable the
full participation of researchers at community colleges,
emerging research institutions, and other under-resourced
research institutions by affording them the same access to
materials and equipment as top research institutions. The
Committee encourages NSF to invest up to $10,000,000 in
microelectronics labs with robotic workstations, a warehouse of
electronic components, and a robotic transport system.
Entrepreneurial Fellowships.--The Committee supports the
expansion of the Entrepreneurial Fellowships program toward the
scale authorized under section 10392 of Public Law 117-167 and
notes that these immersive fellowships provide scientists with
training, lab space, industry connections, and other resources
to translate emerging technologies from the lab to the market
in areas key to global competitiveness.
Programs Not Supported.--The recommendation does not
support the NSF U.S. Global Change Research program or the NSF
Clean Energy Technology program.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The recommendation includes $235,000,000 for Major Research
Equipment and Facilities Construction (MREFC), which is
$1,000,000 above the fiscal year 2024 enacted level, and
$65,000,000 below the request. The Committee directs GAO to
continue its annual reviews and semiannual updates of programs
funded within MREFC and report to Congress on the status of
large-scale NSF projects and activities based on its review.
The recommendation supports the Antarctic Infrastructure
Recapitalization, the Mid-scale Research Infrastructure
program, and the Leadership-Class Computing Facility (LCCF).
Leadership-Class Computing Facility.--The Committee
supports the LCCF, including the acquisition, construction, and
commissioning of major facilities and larger mid-scale research
infrastructure that provide unique capabilities at the
frontiers of science and engineering, and notes that the LCCF
will represent an enormous step forward in both the scale and
the long-term sustainability of advanced computing resources
available to the open science community.
Mid-Scale Research Infrastructure Projects.--The
recommendation supports the Mid-scale Research Infrastructure
program as authorized by Public Law 117-167. The Committee
urges NSF to take a balanced approach to awarding rigorous and
transformative Mid-scale Research Infrastructure projects, and
to meet the various scientific needs identified by major
community reports such as Astro2020. The Committee also
encourages NSF to award at least one Mid-scale Research
Infrastructure project to an institution in an EPSCoR State.
United States Extremely Large Telescope Program.--The
Committee directs NSF to report to the Committee regularly on
the status of the Giant Magellan Telescope and the Thirty Meter
Telescope, including an anticipated timeline of when such
projects will be moved into the MREFC account.
STEM EDUCATION
The recommendation includes $1,000,000,000 for Science,
Technology, Engineering, and Mathematics (STEM) Education,
which is $172,000,000 below the fiscal year 2024 enacted level
and $300,000,000 below the request.
Tribal Colleges and Universities Program.--The
recommendation includes $26,000,000 for the Tribal Colleges and
Universities Program and encourages NSF to continue to increase
the number of Native Americans in STEM careers.
Improving Undergraduate STEM Education: Hispanic-Serving
Institutions.--The recommendation supports the Improving
Undergraduate STEM Education: Hispanic-Serving Institution
(IUSE:HSI) program. The Committee notes the importance of
increasing the recruitment, retention, and graduation rates of
Hispanic students pursuing STEM degrees, particularly at
institutions of higher education that typically do not receive
high levels of NSF funding.
Expanding Capacity in Quantum Information Science and
Engineering Program.--The recommendation supports the Expanding
Capacity in Quantum Information Science and Engineering
(ExpandQISE) program, which aims to increase research capacity
in quantum disciplines by supporting research and education
initiatives to advance scientific, engineering, and
technological breakthroughs, while securing a talent pipeline
to meet workforce needs in industry, academia, and government.
Robert Noyce Teacher Scholarship Program.--The
recommendation supports the Robert Noyce Teacher Scholarship
Program which encourages talented STEM majors and professionals
to become mathematics and science teachers.
Advanced Technological Education Program.--The
recommendation supports the Advanced Technological Education
(ATE) program, which focuses on the education of technicians
for the high-technology fields that drive the Nation's economy.
CyberCorps: Scholarship for Service.--The recommendation
includes up to $74,000,000 for the CyberCorps: Scholarship for
Service program, which focuses on the need to provide
scholarships to students in the critical fields of
cybersecurity and AI security. The Committee encourages NSF to
include AI in activities funded by the program to maximize the
learning potential in both fields, including for capacity
building efforts when working with schools designated as
National Security Agency (NSA) National Centers of Academic
Excellence in Cybersecurity. Additionally, the Committee
encourages NSF to leverage resources to increase the number of
scholarships awarded at participating institutions and to
increase the number of institutions that receive grants to
participate in the program.
Centers for Transformative Education Research and
Translation.--The recommendation supports the Centers for
Transformative Education Research and Translation program as
authorized by section 10395 of Public Law 117-167. Through this
program, the Committee encourages NSF to consider supporting
the instrumentation of large-scale digital learning platforms
and enabling multi-stakeholder partnerships to support
collaborative research and translation education innovation.
The Committee encourages NSF to collaborate with the Department
of Education to consider how these centers could help address
learning recovery and foster the benefits of technology.
Enhancing Graduate Education and Training.--The Committee
supports measures that improve graduate student advising and
mentorship as well as funding mechanisms. The Committee
recognizes the importance of these matters to increase talent
retention and international competitiveness, and encourages NSF
to develop best practices that enhance graduate education, to
study the impact of funding models on graduate student
productivity and outcomes, and to set clear mentorship
standards in Federally funded projects, including ensuring
positive, productive, and learning-focused relationships
between mentors and mentees, professional growth, ethics, and
assessment practices.
Microelectronics Workforce Development.--The Committee
recognizes the growing need to boost domestic competitiveness,
innovation, and national security efforts in the semiconductor
sector. The Committee encourages NSF, in coordination with the
National Institute of Standards and Technology (NIST), to
consider partnering with a consortium of community colleges,
master's degree level institutions, and undergraduate
institutions to develop an initiative that will increase the
number of industry-ready graduates. The Committee also
encourages NSF to identify and consider funding for existing
workforce development collaborations between manufacturers and
institutions of higher education that can be scaled
appropriately to meet regional workforce demand.
Microelectronics Workforce Credentialing.--The
recommendation includes up to $20,000,000 for the Experiential
Learning in Emerging and Novel Technologies (ExLENT) program
which supports experiential learning in key technologies. The
Committee directs NSF when making awards under this program to
consider industry-recognized, transferable, and modular digital
stackable credentials for semiconductor manufacturing, new
learning technologies such as simulation technology built for
extended reality (XR/AR/VR) based training for semiconductor
manufacturing, and regions where significant microelectronics
manufacturing facilities and workforce development investments
are being made by both industry and the Federal Government.
Artificial Intelligence Workforce Development.--The
Committee acknowledges the importance of maintaining global
leadership in AI and commends NSF for continuing to prioritize
investments in this area. The Committee encourages NSF to
prioritize workforce development for AI and other emerging
technologies, including education programs at community
colleges, Historically Black Colleges and Universities,
Hispanic Serving Institutions, Tribal Colleges and
Universities, Minority Serving Institutions, institutions that
serve rural populations, and institutions located in EPSCoR
States.
Programs Not Supported.--The recommendation does not
support the Advancing Informal STEM Learning (AISL) program and
the Analytics for Equity Initiative.
National Science Foundation Allocation of Funds: CHIPS Act Fiscal Year
2025
(In thousands of dollars)
------------------------------------------------------------------------
Account--Project and Activity Amount ($000)
------------------------------------------------------------------------
Creating Helpful Incentives to Produce Semiconductors $50,000
(CHIPS) for America Workforce and Education Fund.......
Research and Related Activities..................... (25,000)
STEM Education...................................... (25,000)
---------------
Total............................................... 50,000
------------------------------------------------------------------------
AGENCY OPERATIONS AND AWARD MANAGEMENT
The recommendation includes $448,000,000 for Agency
Operations and Award Management (AOAM), which is equal to the
fiscal year 2024 enacted level and $56,000,000 below the
request.
OFFICE OF THE NATIONAL SCIENCE BOARD
The recommendation includes $4,600,000 for the National
Science Board, which is $490,000 below the fiscal year 2024
enacted level and $620,000 below the request.
OFFICE OF INSPECTOR GENERAL
The recommendation includes $24,410,000 for the Office of
Inspector General, which is equal to the fiscal year 2024
enacted level and $4,050,000 below request.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The bill includes two administrative provisions. The first
provision establishes thresholds for the transfer of funds. The
second provision is regarding notification prior to acquisition
or disposal of certain assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The Committee recommends $13,000,000 for the Commission on
Civil Rights, which is $1,350,000 below fiscal year 2024 and
$1,850,000 below the request.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The Committee recommends $420,000,000 for the Equal
Employment Opportunity Commission (EEOC), which is $35,000,000
below fiscal year 2024 and $68,221,000 below the request.
Remote Work.--The Committee directs EEOC to submit, no
later than 30 days after the enactment of this Act, and every
30 days thereafter, a list of all EEOC personnel that have work
agreements that allow them to work remotely, whether part of
the time or full time, on a permanent basis.
Official Time.--The Committee directs EEOC to submit, no
later than 30 days after the enactment of this Act, and on an
annual basis thereafter, a list of all EEOC personnel who
utilize ``official time'' that allows Federal employees to
perform union business during work hours instead of public
service, as well as the amount of official time each EEOC
employee uses and the cost.
International Trade Commission
SALARIES AND EXPENSES
The recommendation includes $115,000,000 for the
International Trade Commission (ITC), which is $7,000,000 below
fiscal year 2024 and $11,100,000 below the request.
Litigation Transparency.--The Committee believes that
transparency of the real parties of interest in ITC cases could
aid the Commission in fairly evaluating these disputes.
Moreover, a lack of routine disclosure of the real parties of
interest may raise concerns when determining whether ethical
conflicts exist during ITC proceedings. The Committee directs
the ITC to consider promulgating a rule that would require each
party to disclose the real parties in interest in all Section
337 litigation at the ITC, and be adequate to ensure, among
other things, disclosure of any and all beneficial owners and
investors.
Section 337 Investigations.--Under Section 337 of the
Tariff Act of 1930, the Commission must consider the impact on
the public interest before issuing any remedial order. The
Committee directs the ITC to provide a report to the Committee,
no later than 120 days after the enactment of this Act,
outlining the ways in which ITC develops its factual record on
which a public interest determination is predicated.
Trade Enforcement Analysis.--The Committee directs the ITC
to complete, no later than 180 days after the enactment of this
Act, an investigation and prospective economic analysis of
revoking permanent normal trade relations (PNTR) treatment of
all products of the People's Republic of China on the U.S.
economy, U.S. industry, and product sourcing over a six-year
period. The Commission is further directed to provide this
report to the Committee within 30 days of completion. The
report should include the results of the Commission's
investigation and analysis including detailed information, to
the extent practicable, on U.S. trade, production, and prices
in the industries that would be directly and most affected by
the imposition of rates of duty in Column 2 of the Harmonized
Tariff Schedule (19 U.S.C. 1202) on products from China. The
report should also examine an alternative scenario where
Congress revokes PNTR with a five-year phase-in of tariffs on a
subset of national security products.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The Committee recommends $489,000,000 for the Legal
Services Corporation (LSC), which is $71,000,000 below fiscal
year 2024 and $77,000,000 below the request.
ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION
The bill continues certain restrictions on the uses of LSC
funding and contains language permitting LSC grantees to
operate with boards of directors composed of no less than 33
percent attorneys without requiring appointment by bar
associations.
Marine Mammal Commission
SALARIES AND EXPENSES
The recommendation includes $4,200,000 for the Marine
Mammal Commission, which is $300,000 below fiscal year 2024 and
$840,000 below the request.
Office of the United States Trade Representative
The recommendation includes a total of $68,000,000 for the
Office of the U.S. Trade Representative (USTR), which is
$6,000,000 below fiscal year 2024 and $8,000,000 below the
request.
Congressional Approval of Trade Agreements.--The Committee
is alarmed that USTR does not intend to seek congressional
approval for the trade agreements it is negotiating. The U.S.
Constitution gives Congress plenary power to ``regulate
commerce with foreign nations.'' Although the President can
negotiate agreements, this enumerated power makes clear only
Congress can bring those agreements into force. However, USTR
continues to negotiate binding international trade agreements
with Kenya and countries party to the Indo-Pacific Economic
Framework, while indicating that it does not intend to submit
any resulting agreements to Congress for approval. In response
to similar concerns regarding trade negotiations with Taiwan,
Congress passed the United States-Taiwan Initiative on 21st
Century Trade First Agreement Implementation Act (Public Law
118-13), which approved the first agreement under the United
States-Taiwan Initiative on 21st Century Trade and requires any
further agreement under the initiative--including the agreement
presently under negotiation--to receive approval from Congress
before it can take effect. This legislation also included a
finding that ``The President lacks the authority to enter into
binding trade agreements absent approval from Congress.''
Accordingly, the Committee directs USTR to submit, no later
than 60 days after the enactment of this Act, a list of the
agreements for which it plans to seek congressional approval as
well as an explanation of the reasons for excluding any
agreements containing binding commitments from the list.
United States-Mexico-Canada Agreement Enforcement.--The
Committee notes the importance of the United States-Mexico-
Canada Agreement (USMCA) and the economic benefit of fair and
reciprocal trade. Accordingly, the Committee encourages USTR to
actively monitor Mexico's commitments under the USMCA and
fulfill all enforcement-related mandates under U.S. law,
including the use of USMCA's dispute settlement process when
necessary.
USTR Trade Agenda.--The Committee directs USTR to submit a
report, no later than 90 days after the enactment of this Act,
detailing a USTR trade agenda for the United States and any
foreign country the Ambassador or her staff has traveled to or
held official meetings with between October 1, 2023, and the
date of enactment of this Act.
Protection of U.S. Innovation in the Domestic and Global
Marketplace.--The Committee is concerned with the degradation
of protections for intellectual property (IP) both globally and
within the United States. Failure to protect and enforce IP
rights would weaken America's global competitiveness and
undermine the American businesses and workers who brought those
technologies to market. Strong U.S. innovation and
manufacturing depends on strong IP protections. Accordingly,
the Committee directs USTR to pursue and advance IP protections
and enforcement for U.S. innovation through bilateral and
multilateral engagements and through the negotiation and
implementation of trade agreements to prevent foreign
competitors from disregarding IP protections for U.S. made
products, especially biomedical technologies.
Sanitary and Phytosanitary Report.--Pursuant to USTR's
stated goal of promoting U.S. food and agricultural exports,
the Committee directs USTR to resume publishing, no later than
60 days after the enactment of this Act, its annual Sanitary
and Phytosanitary (SPS) report. Additionally, the Committee
requests that the SPS report include an expanded review of
current and pending policies globally that would effectively
restrict or negatively impact the ability of U.S. food and
agriculture companies to do business in or sell products in
overseas markets. This report should outline where effective
regulatory environment differences between U.S. and overseas
markets pose additional challenges to U.S. companies and offer
recommendations to protect market access and continued growth
in the food and agriculture sectors. USTR should affirm its
commitment to engaging in all available bilateral, regional,
and multilateral fora to dismantle these barriers to U.S. food
and agriculture and strengthen the rules-based trading system
to ensure a level playing field abroad for U.S. products.
SALARIES AND EXPENSES
The recommendation includes $53,000,000 for the salaries
and expenses of USTR, which is $6,000,000 below fiscal year
2024 and $8,000,000 below the request.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $15,000,000, which is to be
derived from the Trade Enforcement Trust Fund, for trade
enforcement activities and transfers authorized by the Trade
Facilitation and Trade Enforcement Act of 2015.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $5,971,000 for the State Justice
Institute (SJI), which is $1,669,000 below fiscal year 2024 and
$1,669,000 below the request.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or existing executive order issued
pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of this Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employee; (5) reorganizes or renames offices, programs, or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects, or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any existing program, project, or activity,
or numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America, that person shall not be
eligible to receive any contract or subcontract with funds made
available in this Act. The section further provides that to the
extent practicable, with respect to purchases of promotional
items, funds made available under this Act shall be used to
purchase items manufactured, produced, or assembled in the
United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available by this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this Act to
any department, agency, or instrumentality of the United States
Government, except for transfers made by, or pursuant to
authorities provided in, this Act or any other appropriations
act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, the
National Science Foundation, and the Legal Services Corporation
and sets limits and restrictions on the awarding and use of
grants or contracts funded by amounts appropriated by this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks.
Section 515 prohibits the use of funds made available by
this Act to support or justify the use of torture by any
official or contract employee of the United States Government.
Section 516 prohibits the use of funds made available by
this Act to include certain language in trade agreements.
Section 517 prohibits the use of funds made available by
this Act to authorize or issue a National Security Letter (NSL)
in contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 518 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation, or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 519 deems funds for intelligence or intelligence-
related activities as authorized by Congress until the
enactment of the Intelligence Authorization Act for fiscal year
2025.
Section 520 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
(RESCISSIONS)
Section 521 provides for rescissions of unobligated
balances. Subsection (d) requires the Departments of Commerce
and Justice to submit a report on the amount of each
rescission. These reports shall include the distribution of
such rescissions among decision units, or, in the case of
rescissions from grant accounts, the distribution of such
rescissions among specific grant programs, and whether such
rescissions were taken from recoveries and deobligations, or
from funds that were never obligated. Rescissions shall be
applied to discretionary budget authority balances that were
not appropriated with emergency or disaster relief
designations. The Committee directs the Department of Justice
to ensure that amounts for Joint Law Enforcement Operations are
preserved at no less than the fiscal year 2024 level and that
those amounts and amounts for victim compensation are
prioritized.
Section 522 prohibits the use of funds made available by
this Act to purchase first class or premium air travel in
contravention of the Code of Federal Regulations.
Section 523 prohibits the use of funds made available by
this Act to pay for the attendance of more than 50 department
or agency employees, who are stationed in the United States, at
any single conference outside the United States, unless the
conference is: (1) a law enforcement training or operational
event where the majority of Federal attendees are law
enforcement personnel stationed outside the United States; or
(2) a scientific conference for which the department or agency
head has notified the House and Senate Committees on
Appropriations that such attendance is in the national
interest, along with the basis for such determination.
Section 524 requires any department, agency, or
instrumentality of the United States Government receiving funds
appropriated under this Act to track and report on undisbursed
balances in expired grant accounts.
Section 525 prohibits the use of funds made available by
this Act to move a Bureau of Alcohol, Tobacco, Firearms and
Explosives facility.
Section 526 prohibits the National Aeronautics and Space
Administration, the Office of Science and Technology Policy,
and the National Space Council from using funds made available
by this Act by to engage in bilateral activities with China or
a Chinese-owned company or effectuate the hosting of official
Chinese visitors at certain facilities, with certain
exceptions.
Section 527 prohibits the use of funds made available by
this Act to establish or maintain a computer network that does
not block pornography, except for law enforcement and victim
assistance purposes.
Section 528 requires the departments and agencies funded in
this Act to submit spending plans.
Section 529 prohibits the use of funds made available by
this Act to pay award or incentive fees for contractors with
below satisfactory performance or performance that fails to
meet the basic requirements of the contract. The heads of
executive branch departments, agencies, boards, and commissions
funded by this Act are directed to require that all contracts
within their purview that provide award fees link such fees to
successful acquisition outcomes, specifying the terms of cost,
schedule, and performance.
Section 530 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in contravention
of a certain section of the Agricultural Act of 2014.
Section 531 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana. The provision also
provides an exception for the Department of Justice to enforce
Federal law prohibiting the distribution or manufacturing of a
controlled substance near schools and colleges.
Section 532 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation of travel to China.
Section 533 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 534 prohibits the use of funds made available by
this or any other Act to require certain export licenses.
Section 535 prohibits the use of funds made available by
this Act to deny, or fail to act on, certain import
applications regarding ``curios or relics'' firearms, parts, or
ammunition.
Section 536 prohibits the use of funds made available by
this Act to deny the importation of shotgun models if no
application for the importation of such models, in the same
configuration, had been denied prior to January 1, 2011, on the
basis that the shotgun was not particularly suitable for or
readily adaptable to sporting purposes.
Section 537 prohibits the use of funds made available by
this Act to require a person licensed under section 923 of
title 18, United States Code, to report information to the
Department of Justice regarding the sale of multiple rifles or
shotguns to the same person.
Section 538 prohibits the use of funds made available by
this Act to implement the Arms Trade Treaty until the Senate
approves a resolution of ratification for the Treaty.
Section 539 includes language regarding detainees held at
Guantanamo Bay.
Section 540 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 541 sets certain requirements for the allocations
of funds related to the CHIPS Act of 2022 (Public Law 117-167).
Section 542 prohibits the use of funds made available by
this Act to implement a rule regarding area or time closures in
the South Atlantic.
Section 543 prohibits the use of funds made available by
this Act to implement or enforce Executive Order 14006, which
prohibits the use of private detention facilities.
Section 544 prohibits the use of funds made available by
this or any other Act to implement or enforce the ATF's rule
entitled, ``Definition of `Frame or Receiver' and
Identification of Firearms.''
Section 545 prohibits the use of funds made available by
this or any other Act to implement or enforce Executive Order
14092, ``Reducing Gun Violence and Making Our Communities
Safer.''
Section 546 prohibits the use of funds made available by
this Act to implement or defend the joint Departments of
Justice and Homeland Security rule that allows U.S. Customs and
Border Patrol officers to adjudicate asylum claims
(``Procedures for Credible Fear Screening and Consideration of
Asylum, Withholding of Removal, and CAT Protection Claims by
Asylum Officers'').
Section 547 prohibits the use of funds made available by
this Act to promulgate, develop, or implement any regulation,
policy, or practice regarding certain actions in immigration
court.
Section 548 prohibits the use of funds made available by
this Act to implement section 19 or section 20 of Executive
Order 14074, ``Advancing Effective, Accountable, Policing and
Criminal Justice Practices to Enhance Public Trust and Public
Safety.''
Section 549 prohibits the use of funds made available by
this Act to implement any regulation issued or finalized by ATF
after January 21, 2021.
Section 550 prohibits the use of funds made available by
this or any other Act to implement or defend the ATF's pistol
brace rule (``Factoring Criteria for Firearms with Attached
`Stabilizing Braces''').
Section 551 prohibits the use of funds made available by
this Act to implement the Attorney General's school boards memo
(``Partnership Among Federal, State, Local, Tribal, and
Territorial Law Enforcement to Address Threats Against School
Administrators, Board Members, Teachers, and Staff'').
Section 552 prohibits the use of funds made available by
this or any other Act to implement or enforce the Office of
Science and Technology Policy's August 25, 2022, Memorandum,
``Ensuring Free, Immediate, and Equitable Access to Federally
Funded Research.''
Section 553 prohibits the use of funds made available by
this Act for certain offices and programs.
Section 554 prohibits the use of funds made available by
this Act for certain offices and programs.
Section 555 prohibits the use of funds made available by
this Act for implementation of Executive Order 14072, relating
to the valuation of ecosystem and environmental services and
natural assets in Federal regulatory decision-making.
Section 556 prohibits the use of funds made available by
this Act for legal representation of aliens in removal
proceedings.
Section 557 prohibits the use of funds made available by
this Act to close or dismiss immigration cases without
adjudicating the merits of the case.
Section 558 prohibits the use of State Criminal Alien
Assistance Program (SCAAP) grants in violation of Federal
immigration law.
Section 559 prohibits the use of funds made available by
this or any other Act to include aliens who are unlawfully
present in the United States in Decennial Census apportionment
determinations.
Section 560 prohibits the use of funds made available by
this Act to pay any settlements related to civil actions
brought by illegal aliens against the United States.
Section 561 removes the limit on overtime pay for Federal
law enforcement officers combating illegal marijuana grows.
Section 562 prohibits the use of funds made available by
this Act to review, process, or approve grants and other
agreements for any individual or organization that trains
Federal employees on diversity, equity, inclusion, critical
race theory, implicit bias, unconscious bias, or culturally
relevant teachings.
Section 563 prohibits the use of funds made available by
this Act for any activity that promotes or advances critical
race theory.
Section 564 prohibits the use of funds made available by
this Act for the promotion of or any contributions to
Environmental, Social, and Governance (ESG) investments.
Section 565 prohibits the use of funds made available by
this or any other Act to discriminate against individuals who
define sex to mean biological sex as determined by the type of
gamete an individual produces.
Section 566 prohibits the use of funds made available by
this Act for any gun buyback or relinquishment programs.
Section 567 prohibits the use of funds made available by
this Act to confiscate a firearm without providing the gun
owner notice and opportunity to participate in a hearing.
Section 568 prohibits the use of funds made available by
this Act to fund or implement red flag laws or extreme risk
protection orders.
Section 569 prohibits the use of funds made available by
this or any other Act to restrict the production, purchase,
sale, or transfer of any firearm unless authorized by Congress.
Section 570 prohibits the use of funds made available by
this or any other Act from being used for a firearms registry.
Section 571 prohibits the use of funds made available by
this Act to advise, promote, or otherwise support any civil
actions to which the ATF is not a named party against any
person purported to be subject to the regulation and oversight
of the ATF.
Section 572 prohibits the use of funds made available by
this Act for the Demand 2 program unless the ATF modifies the
reporting thresholds.
Section 573 prohibits the use of funds made available by
this or any other Act to classify, tax, or register any firearm
with an attached stabilizing brace.
Section 574 prohibits the use of funds made available by
this Act for any activity related to the Wuhan Institute of
Virology or any laboratory located in a country determined to
be a foreign adversary.
Section 575 prohibits the use of funds made available by
this or any other Act to engage in formal or informal
negotiations with the Islamic Republic of Iran.
Section 576 prohibits the use of funds made available by
this or any other Act to employ a person who has been convicted
of a child pornography charge, sexual assault charge, or who
has been disciplined for using Federal resources to access,
use, or sell child pornography.
Section 577 prohibits the use of funds made available by
this or any other Act to hire a person based on the person's
race, national origin, sex, or religion.
Section 578 prohibits the use of funds made available by
this or any other Act for sex-altering surgeries.
Section 579 prohibits the use of funds made available by
this Act for the Department of Justice's Reproductive Rights
Task Force.
Section 580 prohibits the use of funds made available by
this Act to sue a State or local government over laws that
restrict or limit abortion.
Section 581 prohibits the use of funds made available by
this Act to sue a State or local government over laws relating
to transgender issues.
Section 582 prohibits the use of funds made available by
this or any other Act to sue a State or local government over
its redistricting plans.
Section 583 prohibits the use of funds made available by
this Act to discriminate against anyone with a sincerely held
religious belief or moral conviction that marriage should be
recognized as a union of one man and one woman.
Section 584 prohibits the use of funds made available by
this Act to license exports to any officer of the Cuban
military or intelligence service, or an immediate family member
thereof.
Section 585 prohibits the use of funds made available by
this or any other Act for an Office of Environmental Justice.
Section 586 prohibits the use of funds to enforce
Presidential Proclamation 10414 relating to the suspension of
duties on solar panels from the People's Republic of China.
Section 587 prohibits the use of funds made available by
this Act for settlements that require the defendants to donate
or contribute funds to an organization or individual.
Section 588 prohibits the use of funds made available by
this or any other Act to pay the salary of any Federal employee
who fails to comply with congressional subpoena.
Section 589 prohibits the use of funds made available by
this Act to pay the salary of a Department of Justice employee
who is found to have retaliated against a whistleblower or
suppressed another Federal employee's constitutional rights
under the First Amendment.
Section 590 prohibits the use of funds made available by
this Act to conduct an interview in connection with an
investigation of a Federal offense unless that interview is
recorded.
Section 591 prohibits funds made available by this Act from
being used by the Department of Justice to implement a policy
that discourages United States Marshals Service employees or
personnel from fully enforcing section 1507 of title 18, United
States Code.
Section 592 prohibits funds made available by this Act from
being used in furtherance of or in support of the European
Commission's Digital Markets Act.
Section 593 prohibits funds made available by this Act from
being used for Federal employee union activities.
Section 594 prohibits funds made available by this Act from
being used to classify or facilitate the classification of any
communications by a United States person as misinformation,
disinformation, or malinformation or to partner with any entity
to censor lawful and constitutionally protected speech of
United States persons.
Section 595 prohibits funds made available by this Act to
enforce any COVID-19 vaccine mandates or passports.
Section 596 prohibits funds from being used by the
Department to award grants to a grant recipient under
investigation for misuse of grant funds.
Section 597 prohibits the Secretary of Commerce from using
funds to travel until funds for Secure Enclave have been
obligated and expended as directed by Public Law 118-42.
Section 598 prohibits the use of funds made available by
this Act to implement, administer, or enforce the interim final
rule entitled ``Revision of Firearms License Requirements,''
which was published on April 30, 2024, or any similar future
rule.
Section 599. Prohibits the use of funds made available by
this Act for algorithmic justice.
TITLE VI
OTHER MATTERS
Section 601 prohibits funds from being used by the National
Oceanic and Atmospheric Administration to take certain action
regarding offshore wind energy development.
Section 602 prohibits funds from being used to include
certain information related to veterans in the National Instant
Criminal Background Check System (NICS).
Section 603 prohibits funds from being used to implement a
Bureau of Alcohol, Tobacco, Firearms and Explosives proposed
rule regarding the definition of ``engaged in the business'' as
a dealer in firearms.
Section 604 prohibits funds from being used to enforce the
Bureau of Alcohol, Tobacco, Firearms and Explosives' zero
tolerance policy.
Section 605 prohibits funds from being used to bring suit
against a State for violating the Rivers and Harbor Act.
Section 606 prohibits funds from being used by the BOP to
assign an individual to a facility that does not correspond to
such individual's biological sex.
Section 607 prohibits funds from being used to implement,
administer, apply, enforce, or carry out Executive Order 14043
or Executive Order 14042.
Section 608 prohibits the use of funds made available by
this Act to implement guidance related to the Billions Project.
Section 609 prohibits the use of funds made available by
this Act to administer or enforce a requirement for Atlantic
pelagic longline vessel electronic monitoring.
Section 610 prohibits the use of funds made available by
this Act to enforce a speed restriction related to the Rice's
Whale.
Section 611 prohibits funds from being used in
contravention of 50 U.S.C. 3341 and Security Executive Agent
Directive 9, relating to whistleblower retaliation and
protection.
Section 612 prohibits funds from being used by the
Executive Office for Immigration Review until they post all
immigration judge hiring procedures on their website.
Section 613 prohibits funds from being used to pay for the
costs and fees incurred by an alien associated with civil
actions and agency adjudications, including costs and fees
authorized under the Equal Access to Justice Act.
Section 614 prohibits funds from being used to implement
the Equal Employment Opportunity Commission's (EEOC) final rule
of April 19, 2024 (89 Fed. Reg. 29096).
Section 615 prohibits funds from being used to enact any
withdrawal, suspension, waiver, or modification to the
Agreement on Trade-Related Aspects of Intellectual Property
Rights unless the President obtains explicit authorization from
Congress.
Section 616 prohibits funds from being used by the EEOC to
finalize the ``Proposed Guidance on Harassment in the
Workplace'' regulations.
Section 617 prohibits funds from being used by the EEOC to
finalize, implement, or enforce the ``Joint Memorandum from the
EEOC and the NLRB's General Counsel on Civility Rules,
Confidentiality in Internal Investigations, and Employee
Conduct in the Course of Protected Concerted Activity.''
Section 618 amends the Research and Development,
Competition, and Innovation Act to clarify the definition of
foreign country for purposes of malign foreign talent
recruitment restriction.
Section 619 prohibits funds from being used to implement
the draft guidance on March-In rights.
Section 620 prohibits the use of funds made available by
this Act to enforce a speed restriction related to the North
Atlantic Right Whale.
Section 621 prohibits the use of funds made available by
this Act to enforce compliance with the U.S. Census Survey.
Section 622 prohibits the use of funds made available by
this Act to implement a critical habitat designation for the
Rice's Whale.
Section 623 prohibits the use of funds made available by
this Act to reschedule or deschedule marijuana. Also, prohibits
the use of funds to modify any employee responsibilities under
the Drug Free Workplace executive order.
Section 624 prohibits the use of funds made available by
this Act to relocate FBI headquarter functions outside of the
current FBI headquarters.
Section 625 prohibits the use of funds made available by
this Act to pay the salary of the ATF Director until details
regarding the execution of a search warrant on Bryan
Malinowski's home and vehicle are provided to the Committee.
Section 626 prohibits the use of funds to record, or
maintain any recording of, any records delivered to the
Department of Justice pursuant to section 923(g)(4) of title
18, United States Code.
Section 627 reduces the Attorney General's salary to $1.00
until the Attorney General transmits to certain Congressional
Committees materials related to the investigation carried out
by Special Counsel Robert Hur.
SPENDING REDUCTION ACCOUNT
Section 628 includes language regarding the Spending
Reduction Account.
House of Representatives Reporting Requirements
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
Rescissions
Pursuant to clause 3(f)(2) of rule XII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Department of Commerce:
Economic Development Assistance Programs............ $30,000,000
Department of Justice:
Office on Violence Against Women.................... 15,000,000
Office of Justice Programs.......................... 125,000,000
Community Oriented Policing Services................ 20,000,000
Working Capital Fund................................ 340,000,000
Assets Forfeiture Fund.............................. $250,000,000
Disclosure of Earmarks and Congressionally Directed Spending Items
The following table is submitted in compliance with clause
9 of rule XXI, and lists the congressional earmarks (as defined
in paragraph (e) of clause 9) contained in the bill or in this
report. Neither the bill nor this report contains any limited
tax benefits or limited tariff benefits as defined in
paragraphs (f) or (g) of clause 9 of rule XXI.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION ACT
DIVISION B--RESEARCH AND INNOVATION
* * * * * * *
TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
* * * * * * *
Subtitle D--Research Security
* * * * * * *
SEC. 10638. DEFINITIONS.
In this subtitle:
(1) Covered individual.--The term ``covered
individual'' means an individual who--
(A) contributes in a substantive, meaningful
way to the scientific development or execution
of a research and development project proposed
to be carried out with a research and
development award from a Federal research
agency; and
(B) is designated as a covered individual by
the Federal research agency concerned.
(2) Foreign country of concern.--The term ``foreign
country of concern'' means the People's Republic of
China, the Democratic People's Republic of Korea, the
Russian Federation, the Islamic Republic of Iran, or
any other country determined to be a country of concern
by the Secretary of State.
(3) Foreign entity of concern.--The term ``foreign
entity of concern'' means a foreign entity that is--
(A) designated as a foreign terrorist
organization by the Secretary of State under
section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially
designated nationals and blocked persons
maintained by the Office of Foreign Assets
Control of the Department of the Treasury
(commonly known as the SDN list);
(C) owned by, controlled by, or subject to
the jurisdiction or direction of a government
of a foreign country that is a covered nation
(as such term is defined in section 4872 of
title 10, United States Code);
(D) alleged by the Attorney General to have
been involved in activities for which a
conviction was obtained under--
(i) chapter 37 of title 18, United
States Code (commonly known as the
Espionage Act);
(ii) section 951 or 1030 of title 18,
United States Code;
(iii) chapter 90 of title 18, United
States Code (commonly known as the
Economic Espionage Act of 1996);
(iv) the Arms Export Control Act (22
U.S.C. 2751 et seq.);
(v) section 224, 225, 226, 227, or
236 of the Atomic Energy Act of 1954
(42 U.S.C. 2274, 2275, 2276, 2277, and
2284);
(vi) the Export Control Reform Act of
2018 (50 U.S.C. 4801 et seq.); or
(vii) the International Emergency
Economic Powers Act (50 U.S.C. 1701 et
seq.); or
(E) determined by the Secretary of Commerce,
in consultation with the Secretary of Defense
and the Director of National Intelligence, to
be engaged in unauthorized conduct that is
detrimental to the national security or foreign
policy of the United States.
(4) Malign foreign talent recruitment program.--The
term ``malign foreign talent recruitment program''
[means--]
[(A) any program, position, or activity]
means any program, position, or activity that
includes compensation in the form of cash, in-
kind compensation, including research funding,
promised future compensation, complimentary
foreign travel, things of non de minimis value,
honorific titles, career advancement
opportunities, or other types of remuneration
or consideration [directly provided] whether
directly or indirectly provided by a foreign
country of concern at any level (national,
provincial, or local) or their designee, or an
entity based in, funded by, or affiliated with
a foreign country of concern, whether or not
directly sponsored by the foreign country of
concern, to the targeted individual, whether
directly or indirectly stated in the
arrangement, contract, or other documentation
at issue, in exchange for the individual--
[(i)] (A) engaging in the unauthorized
transfer of intellectual property, materials,
data products, or other nonpublic information
owned by a United States entity or developed
with a Federal research and development award
to the government of a foreign country of
concern or an entity based in, funded by, or
affiliated with a foreign country of concern
regardless of whether that government or entity
provided support for the development of the
intellectual property, materials, or data
products;
[(ii)] (B) being required to recruit trainees
or researchers to enroll in such program,
position, or activity;
[(iii)] (C) establishing a laboratory or
company, accepting a faculty position, or
undertaking any other employment or appointment
in a foreign country of concern or with an
entity based in, funded by, or affiliated with
a foreign country of concern if such activities
are in violation of the standard terms and
conditions of a Federal research and
development award;
[(iv)] (D) being unable to terminate the
foreign talent recruitment program contract or
agreement except in extraordinary
circumstances;
[(v)] (E) through funding or effort related
to the foreign talent recruitment program,
being limited in the capacity to carry out a
research and development award or required to
engage in work that would result in substantial
overlap or duplication with a Federal research
and development award;
[(vi)] (F) being required to apply for and
successfully receive funding from the
sponsoring foreign government's funding
agencies with the sponsoring foreign
organization as the recipient;
[(vii)] (G) being required to omit
acknowledgment of the recipient institution
with which the individual is affiliated, or the
Federal research agency sponsoring the research
and development award, contrary to the
institutional policies or standard terms and
conditions of the Federal research and
development award;
[(viii)] (H) being required to not disclose
to the Federal research agency or employing
institution the participation of such
individual in such program, position, or
activity; or
[(ix)] (I) having a conflict of interest or
conflict of commitment contrary to the standard
terms and conditions of the Federal research
and development award[; and].
[(B) a program that is sponsored by--
[(i) a foreign country of concern or
an entity based in a foreign country of
concern, whether or not directly
sponsored by the foreign country of
concern;
[(ii) an academic institution on the
list developed under section 1286(c)(8)
of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019
(10 U.S.C. 2358 note; Public Law 115-
232); or
[(iii) a foreign talent recruitment
program on the list developed under
section 1286(c)(9) of the John S.
McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C.
2358 note; Public Law 115-232).]
* * * * * * *
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfers of funds provided in the accompanying bill:
In title I, under U.S. Patent and Trademark Office,
Salaries and Expenses, language is included to transfer funds
to the Civil Service Retirement and Disability Fund, the
Federal Employees Health Benefit Fund, and the Federal
Employees Group Life Insurance Fund.
Under U.S. Patent and Trademark Office, Salaries and
Expenses, language is included to transfer funds to the Office
of Inspector General.
Under National Institute of Standards and Technology,
Scientific and Technical Research and Services, language is
included allowing for transfers to the Working Capital Fund.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included to
transfer funds from the Promote and Develop Fishery Products
and Research Pertaining to American Fisheries fund.
Section 103 provides language for the transfer of funds
between Department of Commerce appropriations in certain
circumstances.
In title II, under Justice Operations, Management, and
Accountability and Justice Information Sharing Technology,
language is included allowing for the transfer of funds.
Under Executive Office for Immigration Review, language is
included to transfer funds to the Executive Office for
Immigration Review from fees deposited in the Immigration
Examinations Fee account.
Under Legal Activities, Salaries and Expenses, General
Legal Activities, language is included allowing for the
transfer of funds in certain circumstances.
Under National Security Division, Salaries and Expenses,
language is included to allow the transfer of funds in certain
circumstances.
Under Federal Prison System, Salaries and Expenses,
language is included to allow the transfer of funds to the
Department of Health and Human Services.
Under State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included to allow the
transfer of funds in certain circumstances.
Under State and Local Law Enforcement Activities, State and
Local Law Enforcement Assistance, language is included to allow
the transfer of funds in certain circumstances.
Under State and Local Law Enforcement Activities, Public
Safety Officer Benefits, language is included to allow the
transfer of funds in certain circumstances.
Under Community Oriented Policing Services, Community
Oriented Policing Services Programs, language is included to
allow the transfer of funds to the Office of Justice Programs.
Section 205 provides language for the transfer of funds
between Department of Justice appropriations in certain
circumstances.
Section 212 provides language for the transfer of funds
between certain grant funds and the National Institute of
Justice, the Bureau of Justice Statistics, and the Office of
Inspector General.
In title III, under National Aeronautics and Space
Administration, Administrative Provisions, language is included
allowing for the transfer of funds between appropriations.
Under National Science Foundation, Administrative
Provisions, language is included allowing for the transfer of
funds among appropriations.
Under United States Trade Representative, Trade Enforcement
Trust Fund, language is included providing for the transfer of
funds.
Under General Provisions, section 508 provides for the
transfer of funds in certain circumstances.
Under General Provisions, section 510 provides for the
transfer of funds to the Department of Justice, Office of
Inspector General.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill that directly or indirectly change the
application of existing law.
Language is included for a number of accounts placing
limitations on representation and reception allowances in order
to restrict the amount of money that would otherwise be spent
on these activities. The bill also provides that a number of
appropriations shall remain available for obligation beyond the
current fiscal year. While these provisions are not
specifically authorized for all of the items, it is deemed
desirable to include such language for certain programs in
order to provide for orderly administration and effective use
of funds.
Title I--Department of Commerce
In title I, Department of Commerce, under International
Trade Administration, Operations and Administration, language
is included providing that funds may be used for engaging in
trade promotion activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
of United States firms. Language is also provided allowing for
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration; employment
of Americans and aliens by contract for services; rental of
space abroad and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; and payment of tort
claims. In addition, language is included regarding official
representation expenses abroad, purchase of passenger motor
vehicles for official use abroad, obtaining insurance on
official motor vehicles, and rental of tie lines. Language is
also recommended deriving a portion of available funds from
fees. Furthermore, language is included designating funding for
China antidumping and countervailing duty enforcement and
compliance activities. Finally, language is included regarding
the contributions under the Mutual Educational and Cultural
Exchange Act of 1961.
Under Bureau of Industry and Security, Operations and
Administration, the language provides an annual carveout for
salaries and expenses and provides no-year availability of
funds for non-personnel requirements. Language is included
regarding the costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims; official representation expenses abroad; awards
of compensation to informers; and purchase of passenger motor
vehicles for official use and motor vehicles for law
enforcement use without regard to any price limitation
established by law. In addition, language is included regarding
the Mutual Educational and Cultural Exchange Act of 1961.
Finally, language is recommended providing that payments and
contributions collected and accepted for materials or services
may be retained for use in covering the cost of those
activities and other communications.
Under Economic Development Administration, Economic
Development Assistance Programs, the language provides for no-
year availability of funds.
Also, under Salaries and Expenses, language is included
regarding the monitoring of approved projects.
Under Minority Business Development Agency, Minority
Business Development, language is included making funds
available for fostering, promoting, and developing minority
business enterprises, including expenses of grants, contracts
and other agreements.
Under Economic and Statistical Analysis, Salaries and
Expenses, language is included providing for two-year
availability of funds.
Under Bureau of the Census, Current Surveys and Programs,
language is included providing that funds may be used for
collecting, compiling, analyzing, preparing and publishing
statistics and for promotion, outreach and marketing
activities.
Also, under Periodic Censuses and Programs, language is
included providing two-year availability of funds. Language is
also included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities.
Under National Telecommunications and Information
Administration (NTIA), Salaries and Expenses, language is
included permitting the Secretary of Commerce to charge Federal
agencies for costs in spectrum management, analysis,
operations, and related services; and to use such collections
in telecommunications research. The language also allows the
Secretary to retain and use as offsetting collections all funds
transferred, or previously transferred for telecommunications
research, engineering and activities by the Institute for
Telecommunication Sciences of NTIA. Finally, language is
included providing that funds so transferred shall remain
available until expended.
Also, under Public Telecommunications Facilities, Planning
and Construction, language is included allowing recoveries and
unobligated balances of funds previously appropriated to be
available for the administration of all open grants until their
expiration.
Under United States Patent and Trademark Office, Salaries
and Expenses, language is included providing that appropriated
funds be reduced as offsetting collections are assessed and
collected. Language is including making funds available until
expended and providing that funds received in excess of
appropriations be deposited in a Patent and Trademark Fee
Reserve Fund, to be available until expended pursuant to the
Director submitting a spending plan subject to section 505 of
this Act, after which the funds shall be transferred to the
Salaries and Expenses account. In addition, language is
included limiting representation expenses. Language is also
included regarding basic pay and certain retirement benefits.
Additional language is included regarding USPTO's financial
statements. Furthermore, language is included providing that
fees and surcharges charged are available to USPTO pursuant to
section 42(c) of title 35, United States Code.
Under National Institute of Standards and Technology
(NIST), Scientific and Technical Research and Services,
language is included providing for no-year availability of
funds. In addition, language is included allowing transfers to
the Working Capital Fund Language is also included to provide
for certain specified uses of funding within Scientific and
Technical Research Services for Community Projects. Language is
included limiting funds for official reception and
representation expenses. Finally, language is included allowing
NIST to provide local transportation for a certain fellowship
program.
Also, under Industrial Technology Services, language is
included providing no-year availability of funds. The language
also designates an amount for the Manufacturing Extension
Partnership and the Manufacturing USA Program.
In addition, under Construction of Research Facilities,
language is included providing for no- year availability of
funds. Language is also included regarding the submission of
certain materials in support of construction budget requests.
Under National Oceanic and Atmospheric Administration
(NOAA), Operations, Research, and Facilities, language is
included allowing for two-year availability for funds. Language
is also included allowing maintenance, operation, and hire of
aircraft and vessels; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation
of facilities. Language is included allowing fees and donations
received by a particular office to be retained and used for
expenses related to certain activities. In addition, language
is included that provides that certain funds be derived from
various sources and restricting their use to certain
activities. Moreover, language is included specifying that
deviations from amounts included in the report accompanying the
Act shall be subject to section 505 of this Act. Finally,
language is included providing for retired pay expenses.
Also, under Procurement, Acquisition and Construction,
language is included providing for three-year availability for
funds, except for construction funds, which are available until
expended. Language is also included providing that certain
funds be derived from various sources. In addition, language is
included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Language is included regarding the submission of
certain materials in support of construction budget requests.
In addition, under Pacific Coastal Salmon Recovery,
language is included providing for two-year availability of
funds. Language is also included allowing the Secretary of
Commerce to issue grants to specific States and Federally
recognized tribes for conservation projects for listed
endangered or threatened salmon and steelhead populations,
populations at risk to be so listed, and for maintaining
populations necessary for the exercise of tribal treaty fishing
rights, and for conservation of Pacific coastal salmon and
steelhead habitat, to be allocated under scientific and merit
principles and not available for marketing activities; and
requiring a State match.
Furthermore, under Fishermen's Contingency Fund, language
is included providing for the appropriation of funds to be
derived from receipts collected pursuant to Title IV of Public
Law 95-372 and provides that these funds are available until
expended.
Additionally, under Fishery Disaster Assistance language is
included providing two-year availability of funds.
Moreover, under Fisheries Finance Program Account, language
is included placing limitations on individual fishing quota
loans and traditional direct loans.
Under Recreational Quota Entity Fund, language is included
to carry out the provisions of Section 106 of the Driftnet
Modernization and Bycatch Reduction Act (Public Law 117-328).
Under Departmental Management, Salaries and Expenses,
language is included limiting funds for official reception and
representation expenses. Further, language is included
requiring reimbursement for Commerce employees detailed to
offices within the Office of the Secretary of the Department of
Commerce for more than 180 days. Finally, language is included
that limits the Department of Commerce's ability to transfer
funds into Salaries and Expenses except in certain
circumstances.
In addition, under Renovation and Modernization, language
is included making available funds for expenses towards
Department of Commerce facilities renovation and modernization.
Moreover, under the Office of Inspector General, language
is included making funds available for purposes of carrying out
provisions of the Inspector General Act of 1978.
In addition, the bill provides the following administrative
provisions:
Section 101. Language is included that makes funds
available for advanced payments only upon certification of
officials, designated by the Secretary, that such payments are
considered to be in the public interest.
Section 102. Language is included that makes appropriations
for Department of Commerce salaries and expenses available for
hire of passenger motor vehicles, for services, and for
uniforms or allowances as authorized by law.
Section 103. Language is included that provides the
authority to transfer funds between Department of Commerce
appropriation accounts and requires 15 days advance
notification to the Committees on Appropriations for certain
actions.
Section 104. Language is included that provides
congressional notification requirements for NOAA satellite
programs and includes life cycle cost estimates for certain
weather satellite programs.
Section 105. Language is included that provides for
reimbursement for services within Department of Commerce
buildings.
Section 106. Language is included that clarifies that grant
recipients under the Department of Commerce may deter child
pornography, copyright infringement, or any other unlawful
activity over their networks.
Section 107. Language is included that provides the NOAA
Administrator with the authority to avail NOAA of resources,
with the consent of those supplying the resources, to carry out
responsibilities of any statute administered by NOAA.
Section 108. Language is included that prohibits the
National Technical Information Service from charging for
certain services.
Section 109. Language is included that allows NOAA to be
reimbursed by Federal and non- Federal entities for performing
certain activities.
Section 110. Language is included that provides the
Economics and Statistics Administration with certain authority
to enter into cooperative agreements.
Section 111. Language is included that sets limitations on
the Department's ability to obligate unobligated balances of
expired discretionary funds transferred to the Nonrecurring
Expenses Fund.
Section 112. Language is included that allows the NOAA
Administrator to establish an alternative or fixed rate for
relocation allowance, including permanent change of station
allowance.
Title II--Department of Justice
In title II, Department of Justice, under Justice
Operations, Management, and Accountability, Salaries and
Expenses, language is included providing for an amount for
security and construction of Department of Justice facilities,
which shall remain available until expended.
Also, under Justice Information Sharing Technology,
language is included providing that funds be available until
expended. Language is also included allowing transfers up to a
certain amount to this account for information technology
initiatives, and that these funds may be transferred subject to
requirements in this Act and shall be available until expended.
In addition, under Executive Office for Immigration Review,
language is included providing that an amount shall be derived
by transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee'' account.
Language is also included requiring implementation of
immigration judge performance metrics.
Moreover, under Office of Inspector General, language is
included providing for not to exceed $10,000 to meet unforeseen
emergencies of a confidential character. Language is also
included making certain funds available for two years.
Under United States Parole Commission, Salaries and
Expenses, language is included providing that upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Under Legal Activities, Salaries and Expenses, General
Legal Activities, language is included providing not to exceed
a certain amount for expenses of collecting evidence, to be
expended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General. Language is
also included providing for the administration of pardons and
clemency petitions. Language is also included providing for
rental of space in the District of Columbia. Language is
included making an amount available until expended for
litigation support and information technology contracts. In
addition, language is included making certain funds available
to INTERPOL available until expended. Language is also included
limiting the amount of funds for official representation and
reception expenses available to INTERPOL Washington and to the
Criminal Division. Furthermore, language is included providing
funds to the Civil Rights Division for expenses associated with
election monitoring, authority to reimburse the Office of
Personnel Management for such expenses, and availability of
such funds until expended. Language is also included regarding
the transfer of funds for Civil Division litigation activities,
which shall be subject to the provisions of section 505 of this
Act. Finally, language is included for expenses associated with
processing cases under the National Childhood Vaccine Injury
Act of 1986.
Also, under Salaries and Expenses, Antitrust Division,
language is included providing for no-year availability of
funds and the use of offsetting collections, and limiting the
amount of funds for official representation and reception
expenses. The language also provides that fees collected for
premerger notification filings, regardless of the year of
collection, shall be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended. Finally, language is included providing that no funds
credited to this account as offsetting collections shall become
available for obligation in any fiscal year, with exceptions.
In addition, under Salaries and Expenses, United States
Attorneys, language is included regarding inter-governmental
and cooperative agreements, and limiting the amount of funds
for official reception and representation expenses. Language is
also included extending the availability of certain funds.
Finally, language is included requiring each United States
Attorney to establish or participate in a task force on human
trafficking.
Furthermore, under United States Trustee System Fund,
language is included regarding refunds due depositors. Language
is also included regarding the extended availability of certain
funds and the use of offsetting collections.
Moreover, under Fees and Expenses of Witnesses, language is
included regarding contracts for the procurement and
supervision of expert witnesses. In addition, language is
included regarding funds for construction of buildings for
safesites, armored and other vehicles, and telecommunication
equipment. The language also provides for no-year availability
of funds.
Under United States Marshals Service, Salaries and
Expenses, language is included limiting official reception and
representation expenses, and providing for no-year availability
for part of the appropriation.
Also, under United States Marshals Service, Construction,
language is included providing for no-year availability of
funds. In addition, under Federal Prisoner Detention, language
is included providing for no-year availability of funds.
Language is included limiting the amount of funds considered
``funds appropriated for State and local law enforcement
assistance''. Language is also included providing that the
United States Marshals Service shall be responsible for
managing the Justice Prisoner and Alien Transportation System.
Under National Security Division, Salaries and Expenses,
language is included providing for the no-year availability of
funds for IT systems. Language is also included providing that
upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of
the National Security Division, the Attorney General may
transfer such amounts to this heading from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances. The language provides that such a transfer shall
be treated as a reprogramming under section 505 of this Act.
Under Interagency Law Enforcement, Interagency Crime and
Drug Enforcement, language is included providing for no-year
availability for some of the funds. Language is also included
regarding authorities under which funds may be used.
Under Federal Bureau of Investigation, Salaries and
Expenses, language is included providing for no-year
availability of certain funds. Language is included providing
for a limitation on official reception and representation
expenses.
Under Federal Bureau of Investigation, Construction,
language is included specifying the purpose of the
appropriation and making it available until expended. Language
is also included limiting the use of unobligatd balances from
prior year appropriations for the sole purpose of sustaining
the J. Edgar Hoover building.
Under Drug Enforcement Administration, Salaries and
Expenses, language is included providing for funds to meet
unforeseen emergencies of a confidential character. Language is
also included allowing conduct of drug education and training
programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs. In
addition, language is included providing for no-year
availability of certain funds. Language is included providing
for a limitation on official reception and representation
expenses. Finally, language is included permitting use of some
of the appropriation to reimburse expenses incurred to clean up
and safely dispose of certain substances which may present a
danger to public health or the environment.
Under Bureau of Alcohol, Tobacco, Firearms and Explosives,
Salaries and Expenses, language is included allowing training
of State and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection, and allowing provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement. Language is also included limiting
official reception and representation expenses. In addition,
language is included providing funds for the payment of
attorneys' fees. Language is included providing for no-year
availability of certain funds. Language is included that
prohibits funds to transfer the functions, missions or
activities of ATF to other agencies or departments. Finally,
language is included allowing for no more than forty percent of
funds be made available to the agency unless processing times
for National Firearms Applications do not exceed 120 days for
paper applications and 60 days for electronic applications.
Under Federal Prison System, Salaries and Expenses,
language is included making certain funds available for the
First Step Act of 2018, and for transfer of some of that
funding to the National Institute of Justice for evaluations of
programs and activities related to that Act. Language also
provides for the transfer to the Department of Health and Human
Services funds necessary for medical relief for inmates.
Language is also included that provides authority to the
Director to enter into contracts to furnish health care. In
addition, language is included placing a limitation on funds
for reception and representation expenses. Furthermore,
language is included extending the availability of certain
funds. Language is included providing authority for the Federal
Prison System to accept donated property and services. Finally,
language is included prohibiting transfers of funds to the
Department of Labor.
Also, in Federal Prison System, Building and Facilities,
language is included providing for no-year availability of
funds. Language is also included stating labor of prisoners may
be used for work under this heading.
Additionally, under Federal Prison Industries,
Incorporated, language is included authorizing Federal Prison
Industries, Incorporated, to make such expenditures, within the
limits of funds and borrowing authority available, and in
accord with the law, and to make such contracts and
commitments, without regard to fiscal year limitations, as may
be necessary in carrying out the program set forth in the
budget for the current fiscal year for such corporation.
Furthermore, under Limitation on Administrative Expenses,
Federal Prison Industries, Incorporated, language is included
making available funds for its administrative expenses, and for
certain services, to be computed on an accrual basis to be
determined in accordance with the corporation's current
prescribed accounting system, and such amounts shall be
exclusive of depreciation, payment of claims, and expenditures
that such accounting system requires to be capitalized or
charged to cost of commodities acquired or produced, including
selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Under State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included making funds
available until expended. Language is also included placing a
limitation on funds to be made available for expenses related
to evaluation, training, and technical assistance. In addition,
language is included providing for specific appropriations for
various programs within the Office on Violence Against Women.
The language also applies certain conditions to specified
grants. It provides for certain funds to be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs.
Under Office of Justice Programs, Research, Evaluation and
Statistics, language is included to provide for no-year
availability of funds. Language is also included to provide for
specific appropriations for various programs within the Office
of Justice Programs.
Also, under State and Local Law Enforcement Assistance,
language is included to provide for no-year availability of
funds. Language is also included to provide for certain
specified uses of funding within Byrne Justice Assistance
Grants including Byrne Discretionary Community Projects. In
addition, language is included regarding local government use
of funds to increase the number of law enforcement officers and
language is included regarding a submission of changes to grant
program administration.
In addition, under Juvenile Justice Programs, language is
included providing for no-year availability of funds. Language
is also included waiving a provision of law with respect to
funding for missing and exploited children programs. The
language also provides for certain funds to be transferred to
``Research, Evaluation and Statistics''.
Furthermore, under Public Safety Officer Benefits, language
is included providing for no-year availability of funds.
Language is also included providing for the transfers of funds
in emergent circumstances, which shall be subject to the
provisions of section 505 of this Act.
Within the COPS Hiring program, language is included
regarding the Tribal Resources grant program, Tribal Access
Program, the Regional Information Sharing System, and Law
Enforcement Mental Health and Wellness Act. In addition, the
language includes POLICE Act grants, Anti-Methamphetamine and
Anti-Heroin Task Forces, STOP School Violence Act and COPS
Technology and Equipment Community Projects.
Under Department of Justice, General Provisions, the
following general provisions that fall within the rule are
recommended:
In addition, the bill provides the following administrative
provisions:
Section 201. Language is included that makes available
additional reception and representation funding for the
Attorney General from the amounts provided in this title.
Section 202. Language is included that prohibits the use of
funds to pay for an abortion, except in the case of rape or
incest, or to preserve the life of the mother.
Section 203. Language is included that prohibits the use of
funds to require any person to perform or facilitate the
performance of an abortion.
Section 204. Language is included that establishes that the
Director of the Bureau of Prisons is obliged to provide escort
services to an inmate receiving an abortion outside of a
Federal facility, except where this obligation conflicts with
the preceding section.
Section 205. Language is included that establishes
requirements and procedures for transfer proposals.
Section 206. Language is included that prohibits the use of
funds for transporting prisoners classified as maximum or high
security, other than to a facility certified by the BOP as
appropriately secure.
Section 207. Language is included that prohibits the use of
funds for the purchase or rental by Federal prisons of
audiovisual or electronic media or equipment, services and
materials used primarily for recreational purposes, except for
those items and services needed for inmate training, religious,
or educational purposes.
Section 208. Language is included that requires review by
the Deputy Attorney General and the Department Investment
Review Board prior to the obligation or expenditure of funds
for major information technology projects.
Section 209. Language is included that 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. Language is included that prohibits the use of
funds for A-76 competitions for work performed by employees of
BOP or Federal Prison Industries, Inc.
Section 211. Language is included that prohibits U.S.
Attorneys from holding additional responsibilities that exempt
U.S. Attorneys from statutory residency requirements.
Section 212. Language is included that permits up to 1
percent of grant funds made available to be used for criminal
justice research, evaluation, and statistics by the National
Institute of Justice and the Bureau of Justice Statistics and
designates not less than one quarter percent of grant funds
made available to be transferred to the Office of Inspector
General.
Section 213. Language is included that provides cost-share
waivers for certain grant programs.
Section 214. Language is included that waives the
requirement that the Attorney General reserve certain funds
from amounts provided.
Section 215. Language is included that 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. Language is included that places limitations
on the obligation of funds from certain Department of Justice
accounts and funding sources.
Section 217. Language is included that establishes
reporting requirements for the Department's Crime Victims Fund,
the Working Capital Fund, the Three Percent Fund, and the Asset
Forfeiture Fund.
Section 218. Language is included that places limitations
on the Department's performance of live tissue training.
Section 219. Language is included that prohibits funds from
being used by the Department to target or investigate parents
who peacefully protest at school board meetings.
Section 220. Language is included that prohibits funds from
being used to investigate or prosecute religious institutions
on the basis of their religious beliefs.
Section 221. Language is included that prohibits funds from
being used by the Antitrust Division for certain premerger
actions.
Section 222. Language is included that prohibits funds from
being used by any employee of the Department to engage in
certain merger activity with foreign governments.
Section 223. Language is included that establishes
requirements for judicial review related to a proposed Federal
Bureau of Prisons facility.
Section 224. Language is included that prohibits funds from
being used to staff or operate the Foreign Influence Task Force
for the purpose of monitoring or labeling constitutionally
protected speech by a United States person as misinformation,
disinformation, or malinformation.
Title III--Science
In title III, Science, under Office of Science and
Technology Policy, language is included providing that certain
funds be available for reception and representation expenses,
and rental of conference rooms.
Under National Space Council, language is included
providing that certain funds be available for reception and
representation expenses.
Under National Aeronautics and Space Administration,
Science, language is included providing for the two-year
availability of funds.
Also, under Aeronautics, language is included providing for
the two-year availability of funds.
In addition, under Space Technology, language is included
providing for the two-year availability of funds.
Under Deep Space Exploration Systems, language is included
providing for the two-year availability of funds. Language is
also included that delineates amounts for program components.
In Space Operations, language is included providing for the
two- year availability of funds.
Additionally, under Science, Technology, Engineering, and
Mathematics Engagement, language is included providing for the
two-year availability of funds. Language is also included
delineating amounts for program components.
Under Safety, Security and Mission Services, language is
included providing for the two-year availability of funds.
Language is also included to limit official reception and
representation expenses and providing for the transfer of funds
to meet grant disbursements. Language is including regarding
NASA Safety, Security and Mission Services Community Projects.
Under Construction and Environmental Compliance and
Restoration, language is included providing for the multi-year
availability of funds. Language is also included restricting
receipts and expenditures made pursuant to enhanced use of
lease arrangements and requiring the inclusion of estimates in
future budget requests.
Under Office of Inspector General, language is included
providing for the two-year availability of certain funds.
In the Administrative Provisions, language is included
regarding: availability of funds for announced prizes;
establishes terms and conditions for the transfer of funds
among NASA accounts; the submission of a spending plan;
language allowing the joint funding of projects through
multiple accounts; permits transfers to the Working Capital
Fund; and extends the period of availability for certain funds.
Under National Science Foundation, Research and Related
Activities, language is included that provides for the multi-
year availability of funds. Language is also included that
governs funding availability for polar research and operation
support. In addition, language is included providing that
certain receipts may be credited to this appropriation.
Also, under Major Research Equipment and Facilities
Construction, language is included providing for no-year
availability of funds.
In addition, under Education and Human Resources, language
is included providing for the two- year availability of funds.
Furthermore, under Agency Operations and Award Management,
language is included regarding contracts for maintenance and
operation of facilities and other services. Language is also
included limiting representation expenses.
Under Office of the National Science Board, language is
included limiting funds for official reception and
representation.
Under Office of Inspector General, language is included
providing for the multi-year availability of certain funds.
Under Administrative Provision, language is included
regarding transfers of funds. Also, language is included
requiring the Director to submit notification of certain
activities 30 days in advance.
Title IV--Related Agencies
In title IV, Related Agencies, under Commission on Civil
Rights, Salaries and Expenses, language is included prohibiting
expenses to employ in excess of a specific level of full-time
individuals or to reimburse Commissioners for certain billable
days. Language is also included prohibiting certain
unauthorized activities. Finally, language is included
authorizing the Chair to accept donations or gifts to carry out
the work of the Commission.
Under Equal Employment Opportunity Commission, Salaries and
Expenses, language is included designating an amount for
payments to State and local enforcement agencies. Language is
also included limiting funds for official reception and
representation expenses. Finally, language is included
authorizing the Chair to accept donations or gifts to carry out
the work of the Commission.
Under International Trade Commission, Salaries and
Expenses, language is included limiting funds for official
reception and representation expenses. Language is also
included providing for no- year availability of funds.
Under Legal Services Corporation, Payment to the Legal
Services Corporation, language is included designating an
amount for basic field programs and required independent
audits, the Office of Inspector General, management and grants
oversight, client self-help and information technology, and a
Pro Bono Innovation Fund. Language is also included regarding
pay for officers and employees. Language is also included
delineating amounts for specific programs and regarding
authorities to transfer funds. In addition, language is
included designating the Legal Services Corporation as an
agency of the Federal Government for the purposes of
reprogramming.
Under Administrative Provision, Legal Services Corporation,
language is included that prohibits the use of funds for
certain activities. Language is also included permitting Legal
Services Corporation grantees to operate with boards of
directors composed of no less than 33 percent attorneys without
requiring appointment by bar associations.
Under Office of the United States Trade Representative,
Salaries and Expenses, language is included providing for the
no-year availability of some funds. Language is also included
limiting funds for official reception and representation
expenses.
Also, under Trade Enforcement Trust Fund, language is
included regarding certain notifications.
Under State Justice Institute, Salaries and Expenses,
language is included limiting funds for reception and
representation expenses. Language is also included providing
for multi-year availability of certain funds. In addition,
language is included designating the State Justice Institute as
an agency of the Federal Government for the purposes of
reprogramming.
Title V--General Provisions
In title V, General Provisions, the following general
provisions that fall within the rule are recommended:
In addition, the bill provides the following provisions
under this title:
Section 501. Language is included that prohibits the use of
funds for publicity or propaganda purposes unless expressly
authorized by law.
Section 502. Language is included that prohibits any
appropriation contained in this Act from remaining available
for obligation beyond the current fiscal year unless expressly
provided.
Section 503. Language is included that provides that the
expenditure of any appropriation contained in this Act for any
consulting service through procurement contracts shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law or existing
executive order issued pursuant to existing law.
Section 504. Language is included that provides that if any
provision of this Act or the application of such provision to
any person or circumstance shall be held invalid, the remainder
of this Act and the application of other provisions shall not
be affected.
Section 505. Language is included that prohibits a
reprogramming of funds that: (1) creates or initiates a new
program, project, or activity; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employee; (5)
reorganizes or renames offices, programs, or activities; (6)
contracts out or privatizes any function or activity presently
performed by Federal employees; (7) augments funds for existing
programs, projects, or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding
for any existing program, project, or activity, or numbers of
personnel by 10 percent; or (8) results from any general
savings, including savings from a reduction in personnel, which
would result in a change in existing programs, projects, or
activities as approved by Congress; unless the House and Senate
Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
Section 506. Language is included that provides that if it
is determined that any person intentionally affixes a ``Made in
America'' label to any product that was not made in America,
that person shall not be eligible to receive any contract or
subcontract with funds made available in this Act. The section
further provides that to the extent practicable, with respect
to purchases of promotional items, funds made available under
this Act shall be used to purchase items manufactured,
produced, or assembled in the United States or its territories
or possessions.
Section 507. Language is included that requires quarterly
reporting to Congress on the status of balances of
appropriations.
Section 508. Language is included that provides that any
costs incurred by a department or agency funded under this Act
resulting from, or to prevent, personnel actions taken in
response to funding reductions in this Act, or, for the
Department of Commerce, from actions taken for the care and
protection of loan collateral or grant property, shall be
absorbed within the budgetary resources available to the
department or agency, and provides transfer authority between
appropriation accounts to carry out this provision, subject to
reprogramming procedures.
Section 509. Language is included that prohibits funds made
available by this Act from being used to promote the sale or
export of tobacco or tobacco products or to seek the reduction
or removal of foreign restrictions on the marketing of tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type. This
provision is not intended to impact routine international trade
services to all U.S. citizens, including the processing of
applications to establish foreign trade zones.
Section 510. Language is included that stipulates the
obligations of certain receipts deposited into the Crime
Victims Fund.
Section 511. Language is included that prohibits the use of
Department of Justice funds for programs that discriminate
against or denigrate the religious or moral beliefs of students
participating in such programs.
Section 512. Language is included that prohibits the
transfer of funds in this Act to any department, agency, or
instrumentality of the United States Government, except for
transfers made by, or pursuant to authorities provided in, this
Act or any other appropriations act.
Section 513. Language is included that requires certain
timetables of audits performed by Inspectors General of the
Departments of Commerce and Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation and sets limits and restrictions
on the awarding and use of grants or contracts funded by
amounts appropriated by this Act.
Section 514. Language is included that prohibits funds for
acquisition of certain information systems unless the acquiring
department or agency has reviewed and assessed certain risks.
Section 515. Language is included that prohibits the use of
funds made available by this Act to support or justify the use
of torture by any official or contract employee of the United
States Government.
Section 516. Language is included that prohibits the use of
funds made available by this Act to include certain language in
trade agreements.
Section 517. Language is included that prohibits the use of
funds made available by this Act to authorize or issue a
National Security Letter (NSL) in contravention of certain laws
authorizing the Federal Bureau of Investigation to issue NSLs.
Section 518. Language is included that requires
congressional notification for any project within the
Departments of Commerce or Justice, the National Science
Foundation, or the National Aeronautics and Space
Administration totaling more than $75,000,000 that has cost
increases of 10 percent or more.
Section 519. Language is included that deems funds for
intelligence or intelligence-related activities as authorized
by Congress until the enactment of the Intelligence
Authorization Act for fiscal year 2025.
Section 520. Language is included that prohibits contracts
or grant awards in excess of $5,000,000 unless the prospective
contractor or grantee certifies that the organization has filed
all Federal tax returns, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has no
unpaid Federal tax assessment.
Section 521. Language is included that provides for
rescissions of unobligated balances. Subsection (d) requires
the Departments of Commerce and Justice to submit a report on
the amount of each rescission. These reports shall include the
distribution of such rescissions among decision units, or, in
the case of rescissions from grant accounts, the distribution
of such rescissions among specific grant programs, and whether
such rescissions were taken from recoveries and deobligations,
or from funds that were never obligated. Rescissions shall be
applied to discretionary budget authority balances that were
not appropriated with emergency or disaster relief
designations. The Committee directs the Department of Justice
to ensure that amounts for Joint Law Enforcement Operations are
preserved at no less than the fiscal year 2024 level and that
those amounts and amounts for victim compensation are
prioritized.
Section 522. Language is included that prohibits the use of
funds made available by this Act to purchase first class or
premium air travel in contravention of the Code of Federal
Regulations.
Section 523. Language is included that prohibits the use of
funds made available by this Act to pay for the attendance of
more than 50 department or agency employees, who are stationed
in the United States, at any single conference outside the
United States, unless the conference is: (1) a law enforcement
training or operational event where the majority of Federal
attendees are law enforcement personnel stationed outside the
United States; or (2) a scientific conference for which the
department or agency head has notified the House and Senate
Committees on Appropriations that such attendance is in the
national interest, along with the basis for such determination.
Section 524. Language is included that requires any
department, agency, or instrumentality of the United States
Government receiving funds appropriated under this Act to track
and report on undisbursed balances in expired grant accounts.
Section 525. Language is included that prohibits the use of
funds made available by this Act to move a Bureau of Alcohol,
Tobacco, Firearms and Explosives facility.
Section 526. Language is included that prohibits the
National Aeronautics and Space Administration, the Office of
Science and Technology Policy, and the National Space Council
from using funds made available by this Act by to engage in
bilateral activities with China or a Chinese-owned company or
effectuate the hosting of official Chinese visitors at certain
facilities, with certain exceptions.
Section 527. Language is included that prohibits the use of
funds made available by this Act to establish or maintain a
computer network that does not block pornography, except for
law enforcement and victim assistance purposes.
Section 528. Language is included that requires the
departments and agencies funded in this Act to submit spending
plans.
Section 529. Language is included that prohibits the use of
funds made available by this Act to pay award or incentive fees
for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract. The heads of executive branch departments, agencies,
boards, and commissions funded by this Act are directed to
require that all contracts within their purview that provide
award fees link such fees to successful acquisition outcomes,
specifying the terms of cost, schedule, and performance.
Section 530. Language is included that prohibits the use of
funds by the Department of Justice or the Drug Enforcement
Administration in contravention of a certain section of the
Agricultural Act of 2014.
Section 531. Language is included that prohibits the
Department of Justice from preventing certain States from
implementing State laws regarding the use of medical marijuana.
The provision also provides an exception for the Department of
Justice to enforce Federal law prohibiting the distribution or
manufacturing of a controlled substance near schools and
colleges.
Section 532. Language is included that requires quarterly
reports from the Department of Commerce, the National
Aeronautics and Space Administration, and the National Science
Foundation of travel to China.
Section 533. Language is included that requires 10 percent
of the funds for certain programs be allocated for assistance
in persistent poverty counties.
Section 534. Language is included that prohibits the use of
funds made available by this or any other Act to require
certain licenses.
Section 535. Language is included that prohibits the use of
funds made available by this Act to deny, or fail to act on,
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 536. Language is included that prohibits the use of
funds made available by this Act to deny the importation of
shotgun models if no application for the importation of such
models, in the same configuration, had been denied prior to
January 1, 2011, on the basis that the shotgun was not
particularly suitable for or readily adaptable to sporting
purposes.
Section 537. Language is included that prohibits the use of
funds made available by this Act to require a person licensed
under section 923 of title 18, United States Code, to report
information to the Department of Justice regarding the sale of
multiple rifles or shotguns to the same person.
Section 538. Language is included that prohibits the use of
funds made available by this Act to implement the Arms Trade
Tready until the Senate approves a resolution of ratification
for the Treaty.
Section 539. Language is included regarding detainees held
at Guantanamo Bay.
Section 540. Language is included regarding facilities for
housing detainees held at Guantanamo Bay.
Section 541. Language is included that sets certain
requirements for the allocation of funds related to the CHIPS
Act of 2022 (Public Law 117-167).
Section 542. Language is included that prohibits the use of
funds made available by this Act to implement a rule regarding
area or time closures in the South Atlantic.
Section 543. Language is included that prohibits the use of
funds made available by this Act to implement or enforce
Executive Order 14006, which prohibits the use of private
detention facilities.
Section 544. Language is included that prohibits the use of
funds made available by this or any other Act to implement or
enforce the ATF's rule entitled, ``Definition of `Frame or
Receiver' and Identification of Firearms.''
Section 545. Language is included that prohibits the use of
funds made available by this or any other Act to implement or
enforce Executive Order 14092, ``Reducing Gun Violence and
Making Our Communities Safer.''
Section 546. Language is included that prohibits the use of
funds made available by this Act to implement or defend the
joint Departments of Justice and Homeland Security rule that
allows U.S. Customs and Border Patrol officers to adjudicate
asylum claims (``Procedures for Credible Fear Screening and
Consideration of Asylum, Withholding of Removal, and CAT
Protection Claims by Asylum Officers'').
Section 547. Language is included that prohibits the use of
funds made available by this Act to promulgate, develop, or
implement any regulation, policy, or practice regarding certain
actions in immigration court.
Section 548. Language is included that prohibits the use of
funds made available by this Act to implement Section 19 or
section 20 of Executive Order 14074, ``Advancing Effective,
Accountable, Policing and Criminal Justice Practices to Enhance
Public Trust and Public Safety.''
Section 549. Language is included that prohibits the use of
funds made available by this Act to implement any regulation
issued or finalized by ATF after January 21, 2021.
Section 550. Language is included that prohibits the use of
funds made available by this or any other Act to implement or
defend the ATF's pistol brace rule (``Factoring Criteria for
Firearms with Attached `Stabilizing Braces'').
Section 551. Language is included that prohibits the use of
funds made available by this Act to implement the Attorney
General's school boards memo (``Partnership Among Federal,
State, Local, Tribal, and Territorial Law Enforcement to
Address Threats Against School Administrators, Board Members,
Teachers, and Staff'').
Section 552. Language is included that prohibits the use of
funds made available by this or any other Act to implement or
enforce the Office of Science and Technology Policy's August
25, 2022, Memorandum, ``Ensuring Free, Immediate, and Equitable
Access to Federally Funded Research.''
Section 553. Language is included that prohibits the use of
funds made available by this Act for certain offices and
programs.
Section 554. Language is included that prohibits the use of
funds made available by this Act for certain offices and
programs.
Section 555. Language is included that prohibits the use of
funds made available by this Act for implementation of
Executive Order 14072, relating to the valuation of ecosystem
and environmental services and natural assets in Federal
regulatory decision-making.
Section 556. Language is included that prohibits the use of
funds made available by this Act for legal representation of
aliens in removal proceedings.
Section 557. Language is included that prohibits the use of
funds made available by this Act to close or dismiss
immigration cases without adjudicating the merits of the case.
Section 558. Language is included that prohibits the use of
State Criminal Alien Assistance Program (SCAAP) grants in
violation of Federal immigration law.
Section 559. Language is included that prohibits the use of
funds made available by this or any other Act to include aliens
who are unlawfully present in the United States in Decennial
Census apportionment determinations.
Section 560. Language is included that prohibits the use of
funds made available by this Act to pay any settlements related
to civil actions brought by illegal aliens against the United
States.
Section 561. Language is included that removes the limit on
overtime pay for Federal law enforcement officers combating
illegal marijuana grows.
Section 562. Language is included that prohibits the use of
funds made available by this Act to review, process, or approve
grants and other agreements for any individual or organization
that trains Federal employees on diversity, equity, inclusion,
critical race theory, implicit bias, unconscious bias, or
culturally relevant teachings.
Section 563. Language is included that prohibits the use of
funds made available by this Act for any activity that promotes
or advances critical race theory.
Section 564. Language is included that prohibits the use of
funds made available by this Act for the promotion of or any
contributions to Environmental, Social, and Governance (ESG)
investments.
Section 565. Language is included that prohibits the use of
funds made available by this or any other Act to discriminate
against individuals who define sex to mean biological sex as
determined by the type of gamete an individual produces.
Section 566. Language is included that prohibits the use of
funds made available by this Act for any gun buyback or
relinquishment programs.
Section 567. Language is included that prohibits the use of
funds made available by this Act to confiscate a firearm
without providing the gun owner notice and opportunity to
participate in a hearing.
Section 568. Language is included that prohibits the use of
funds made available by this Act to fund or implement red flag
laws or extreme risk protection orders.
Section 569. Language is included that prohibits the use of
funds made available by this or any other Act to restrict the
production, purchase, sale, or transfer of any firearm unless
authorized by Congress.
Section 570. Language is included that prohibits the use of
funds made available by this or any other Act from being used
for a firearms registry.
Section 571. Language is included that prohibits the use of
funds made available by this Act to advise, promote, or
otherwise support any civil actions to which the ATF is not a
named party against any person purported to be subject to the
regulation and oversight of the ATF.
Section 572. Language is included that prohibits the use of
funds made available by this Act for the Demand 2 program
unless the ATF modifies the reporting thresholds.
Section 573. Language is included that prohibits the use of
funds made available by this or any other Act to classify, tax,
or register any firearm with an attached stabilizing brace.
Section 574. Language is included that prohibits the use of
funds made available by this Act for any activity related to
the Wuhan Institute of Virology or any laboratory located in a
country determined to be a foreign adversary.
Section 575. Language is included that prohibits the use of
funds made available by this or any other Act to engage in
formal or informal negotiations with the Islamic Republic of
Iran.
Section 576. Language is included that prohibits the use of
funds made available by this or any other Act to employ a
person who has been convicted of a child pornography charge,
sexual assault charge, or who has been disciplined for using
Federal resources to access, use, or sell child pornography.
Section 577. Language is included that prohibits the use of
funds made available by this or any other Act to hire a person
based on the person's race, national origin, sex, or religion.
Section 578. Language is included that prohibits the use of
funds made available by this or any other Act for sex-altering
surgeries.
Section 579. Language is included that prohibits the use of
funds made available by this Act for the Department of
Justice's Reproductive Rights Task Force.
Section 580. Language is included that prohibits the use of
funds made available by this Act to sue a State or local
government over laws that restrict or limit abortion.
Section 581. Language is included that prohibits the use of
funds made available by this Act to sue a State or local
government over laws relating to transgender issues.
Section 582. Language is included that prohibits the use of
funds made available by this or any other Act to sue a State or
local government over its redistricting plans.
Section 583. Language is included that prohibits the use of
funds made available by this Act to discriminate against anyone
with a sincerely held religious belief or moral conviction that
marriage should be recognized as a union of one man and one
woman.
Section 584. Language is included that prohibits the use of
funds made available by this Act to license exports to any
officer of the Cuban military or intelligence service, or an
immediate family member thereof.
Section 585. Language is included that prohibits the use of
funds made available by this or any other Act for an Office of
Environmental Justice.
Section 586. Language is included that prohibits the use of
funds to enforce Presidential Proclamation 10414 relating to
the suspension of duties on solar panels from the People's
Republic of China.
Section 587. Language is included that prohibits the use of
funds made available by this Act for settlements that require
the defendants to donate or contribute funds to an organization
or individual.
Section 588. Language is included that prohibits the use of
funds made available by this or any other Act to pay the salary
of any Federal employee who fails to comply with congressional
subpoena.
Section 589. Language is included that prohibits the use of
funds made available by this Act to pay the salary of a
Department of Justice employee who is found to have retaliated
against a whistleblower or suppressed another Federal
employee's constitutional rights under the First Amendment.
Section 590. Language is included that prohibits the use of
funds made available by this Act to conduct an interview in
connection with an investigation of a Federal offense unless
that interview is recorded.
Section 591. Language is included that prohibits funds made
available by this Act from being used by the Department of
Justice to implement a policy that discourages United States
Marshals Service employees or personnel from fully enforcing
Section 1507 of title 18, United States Code.
Section 592. Language is included that prohibits funds made
available by this Act from being used in furtherance of or in
support of the European Commission's Digital Markets Act.
Section 593. Language is included that prohibits funds made
available by this Act from being used for Federal employee
union activities.
Section 594. Language is included that prohibits funds made
available by this Act from being used to classify or facilitate
the classification of any communications by a United States
person as misinformation, disinformation, or malinformation or
to partner with any entity to censor lawful and
constitutionally protected speech of United States persons.
Section 595. Language is included that prohibits funds made
available by this Act to enforce any COVID-19 vaccine mandates
or passports.
Section 596. Language is included that prohibits funds from
being used by the Department to award grants to a grant
recipient under investigation for misuse of grant funds.
Section 597. Language is included that prohibits the
Secretary of Commerce from using funds to travel until funds
for Secure Enclave have been obligated and expended as directed
by Public Law 118-42.
Section 598. Language is included that prohibits the use of
funds made available by this Act to implement, administer, or
enforce the interim final rule entitled ``Revision of Firearms
License Requirements,'' which was published on April 30, 2024,
or any similar future rule.
Section 599. Language is included that prohibits the use of
funds made available by this Act to be used for algorithmic
justice.
Title VI--Other Matters
In addition, the bill provides the following provisions
under this title:
Section 601. Language is included that prohibits funds from
being used by the National Oceanic and Atmospheric
Administration to take certain action regarding offshore wind
energy development.
Section 602. Language is included that prohibits funds from
being used to include certain information related to veterans
in the National Instant Criminal Background Check System
(NICS).
Section 603. Language is included that prohibits funds from
being used to implement a Bureau of Alcohol, Tobacco, Firearms
and Explosives proposed rule regarding the definition of
``engaged in the business'' as a dealer in firearms.
Section 604. Language is included that prohibits funds from
being used to enforce the Bureau of Alcohol, Tobacco, Firearms
and Explosives' zero tolerance policy.
Section 605. Language is included that prohibits funds from
being used to bring suit against a State for violating the
Rivers and Harbor Act.
Section 606. Language is included that prohibits funds from
being used by the BOP to assign an individual to a facility
that does not correspond to such individual's biological sex.
Section 607. Language is included that prohibits funds from
being used to implement, administer, apply, enforce, or carry
out Executive Order 14043 or Executive Order 14042.
Section 608. Language is included that prohibits the use of
funds made available by this Act to implement guidance related
to the Billions Project.
Section 609. Language is included that prohibits the use of
funds made available by this Act to administer or enforce a
requirement for Atlantic pelagic longline vessel electronic
monitoring.
Section 610. Language is included that prohibits the use of
funds made available by this Act to enforce a speed restriction
related to the Rice's Whale.
Section 611. Language is included that prohibits funds from
being used in contravention of 50 U.S.C. 3341 and Security
Executive Agent Directive 9, relating to whistleblower
retaliation and protection.
Section 612. Language is included that prohibits funds from
being used by the Executive Office for Immigration Review until
they post all immigration judge hiring procedures on their
website.
Section 613. Language is included that prohibits funds from
being used to pay for the costs and fees incurred by an alien
associated with civil actions and agency adjudications,
including costs and fees authorized under the Equal Access to
Justice Act.
Section 614. Language is included that prohibits funds from
being used to implement the Equal Employment Opportunity
Commission's (EEOC) final rule of April 19, 2024 (89 Fed. Reg.
29096).
Section 615. Language is included that prohibits funds from
being used to enact any withdrawal, suspension, waiver, or
modification to the Agreement on Trade-Related Aspects of
Intellectual Property Rights unless the President obtains
explicit authorization from Congress.
Section 616. Language is included that prohibits funds from
being used by the EEOC to finalize the ``Proposed Guidance on
Harassment in the Workplace'' regulations.
Section 617. Language is included that prohibits funds from
being used by the EEOC to finalize, implement, or enforce the
``Joint Memorandum from the EEOC and the NLRB's General Counsel
on Civility Rules, Confidentiality in Internal Investigations,
and Employee Conduct in the Course of Protected Concerted
Activity.''
Section 618. Language is included that amends the Research
and Development, Competition, and Innovation Act to clarify the
definition of foreign country for purposes of malign foreign
talent recruitment restriction.
Section 619. Language is included that prohibits funds from
being used to implement the draft guidance on March-In rights.
Section 620. Language is included that prohibits the use of
funds made available by this Act to enforce a speed restriction
related to the North Atlantic Right Whale.
Section 621. Language is included that prohibits the use of
funds made available by this Act to enforce compliance with the
U.S. Census Survey.
Section 622. Language is included that prohibits the use of
funds made available by this Act to implement a critical
habitat designation for the Rice's Whale.
Section 623. Language is included that prohibits the use of
funds made available by this Act to reschedule or deschedule
marijuana. Also, prohibits the use of funds to modify any
employee responsibilities under the Drug Free Workplace
executive order.
Section 624. Language is included that prohibits the use of
funds made available by this Act to relocate FBI headquarter
functions outside of the current FBI headquarters.
Section 625. Language is included that prohibits the use of
funds made available by this Act to pay the salary of the ATF
Director until details regarding the execution of a search
warrant on Bryan Malinowski's home and vehicle are provided to
the Committee.
Section 626. Language is included that prohibits the use of
funds to record, or maintain any recording of, any records
delivered to the Department of Justice pursuant to section
923(g)(4) of title 18, United States Code.
Section 627. Language is included that reduces the Attorney
General's salary to $1.00 until the Attorney General transmits
to certain Congressional Committees materials related to the
investigation carried out by Special Counsel Robert Hur.
Section 628. Language is included regarding the Spending
Reduction Account.
Appropriations Not Authorized by Law
The Committee, in a number of instances, has found it
necessary to recommend funding for ongoing activities and
programs for which authorizations have not been enacted to
date. Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules
of the House of Representatives, the following table lists the
appropriations in the accompanying bill that are not authorized
by law for the period concerned:
UNAUTHORIZED APPROPRIATIONS
(in thousands of dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Last year of Appropriation in last Appropriations in
Account authorization Authorized appropriation year of authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Commerce:
International Trade Administration:
Operations and Administration n/a n/a........................... n/a 570,000
Export Promotion Activities....................... 1996 Indefinite.................... 264,885 *
Bureau of Industry and Security:
Operations and Administration....................... 1994 Indefinite.................... 34,747 47,500
Economic Development Administration:
Salaries and Expenses............................... 2008 Such sums..................... 30,832 680,100
Economic Development Assistance..................... 2008 500,000....................... n/a 256,500
Economic and Statistics Administration:
Salaries and Expenses............................... n/a n/a........................... n/a 116,000
National Telecommunications and Information
Administration:
Salaries and Expenses............................... 1993 19,400........................ 17,900 55,000
Facilities Management and Construction.............. 1994 42,000........................ ..................... 1,500
National Oceanic and Atmospheric Administration:
Operations, Research, and Facilities:............... ................ .............................. ..................... 4,210,951
National Ocean Service............................ 1993 121,183....................... (1150,864) (583,666)
Coastal Zone Management........................... 1999 55,300........................ (52,700) (80,000)
National Oceans and Coastal Security Fund......... 2019 Indefinite.................... (30,000) (15,000)
Coral Reef Program................................ 2004 16,000........................ (26,100) (31,469)
Marine Protection, Research, Preservation & 2005 (40,000)...................... (58,700) (40,000)
Sanctuaries.
National Marine Fisheries Service:.................. ................ .............................. ..................... 865,000
Marine Mammal Protection.......................... 1999 .............................. ..................... (68,000)
Species Recovery Grants........................... 1992 .............................. ..................... (5,000)
Interjurisdictional Fisheries..................... 2012 5,900......................... (3,400) (3,377)
Oceanic and Atmospheric Research:................... ................ .............................. ..................... 645,729
Climate Laboratories and Cooperative Institute.... 1993 103,877....................... ..................... (104,102)
National Weather Service............................ 1993 394,687....................... ..................... 1,263,176
Procurement, Acquisition and construction:............ ................ .............................. ..................... 1,378,200
National Environmental Satellite, Data, and 2023 5,000......................... ..................... 995,000
Informative Service.
Mision Support: ................ .............................. ..................... 64,000
NOAA Construction................................. 1993 94,500........................ 64,500 (64,000)
Department of Justice:
Gerneral Administration
Salaries and Expenses............................... 2009 181,561....................... 105,805 113,000
Justice Information Sharing Technology.............. 2009 204,152....................... 80,000 38,000
Executive Office for Immigration Review............. 2009para. n/a........................... n/a 760,000
Office of Inspector General......................... 2009 81,922........................ 78,681 144,000
United States Parole Commission:
Salaries and Expenses............................... 2009 12,711........................ 12,570 14,000
Legal Activities:
Salaries and Expenses, General Legal Activities..... 2009 764,526....................... 805,655 988,500
Salaries and Expenses, Antitrust Division........... 2009 162,488....................... 157,788 192,776
Salaries and Expense, United States Attorneys....... 2009 1,829,194..................... 1,851,336 2,312,000
Salaries and Expenses, Foreign Claims Settlement 2009 1,429......................... 1,823 2,504
Commission.
Fee and Expenses of Witnesses....................... 2009 203,755....................... 168,300 320,000
Assets Forfeiture Fund (discretionary).............. 2009 22,000........................ 20,990 20,514
United States Marshals Service........................ 2009 900,178....................... 964,000 3,855,700
Salaries and Expenses............................... ................ Sec. ......................... (960,000) 1,715,700
Construction........................................ ................ Sec. ......................... (4,000) 15,000
Federal Prison Detention............................ 2009 1,858,509..................... 1,355,319 2,125,000
National Security Division:
Salaries and Expenses............................... n/a n/a........................... n/a 120,681
Interagency Law Enforcement
Interagency Crime and Drug Enforcement.............. 2009 744,593....................... 515,000 547,000
Federal Bureau of Investigation....................... 2009 6,480,608..................... 7,253,591 10,306,000
Salaries and Expenses............................... Sec. (7,100,000)................... (10,676,000) 10,276,000
Construction........................................ ................ Sec. ......................... (153,491) 30,000
Drug Enforcement Administration:
Salaries and Expenses............................... 2009 1,930,462..................... 1,959,084 3,104,924
Bureau of Alcohol, Tobacco, Firearms and Explosives:.. ................ 1,038,939..................... 1,068,215 1,436,500
Salaries and Expenses............................... 2009 Sec. ......................... ..................... 1,436,500
Construction........................................ 2009 Sec. ......................... ..................... .....................
Federal Prison System................................. 2009 5,698,292..................... 6,176,599 8,668,288
Salaries and Expenses............................... ................ Sec. ......................... (5,600,792) (8,392,588)
Building and Facilities............................. Sec. (575,807)..................... (300,000) (273,000)
Office on Violence Against Women...................... 2009 16,837........................ ..................... 667,000
Office of Justice Programs:
Research, Evaluation, and Statistics:
National Institute of Justice....................... 1995 33,000........................ 32,335 22,000
Bureau of Justice Statistics........................ 1995 33,000........................ 58,879 33,000
State and Local Law Enforcement Assistance:
Byrne Memorial Justice Assistance Grants............ 2012 1,095,000..................... 470,000 847,810
Officer Robert Wilson III VALOR Initiative........ n/a n/a........................... n/a (13,000)
Prison Rape Elimination Act....................... 2010 40,000........................ 15,000 (15,500)
Missing Americans Alert........................... 2022 2,000......................... 3,000 (2,000)
Project Safe Neighborhoods........................ 2021 50,000........................ 20,000 (20,000)
Capital Litigation and Wrongful Conviction Review. 2021 22,500........................ 7,000 (15,000)
Ashanti Alert Network............................. 2022 3,000......................... 1,000 (1,000)
Rural Violent Crime Initiative.................... n/a n/a........................... n/a (5,000)
Body-worn Camera Partnership...................... n/a n/a........................... n/a (20,000)
State Criminal Alien Assistance Program............. 2011 950,000....................... n/a 234,000
Victims of Trafficking.............................. 2021 77,000........................ 85,000 88,000
Intellectual Property Enforcement................... 2022 13,000........................ 2,500 4,800
Adam Walsh Act...................................... 2009 Such sums..................... 18,000 18,000
NICS Improvement Amendment Act of 2007.............. 2013 125,000....................... 12,000 88,000
Paul Coverdell Forensic Science Improvement......... 2021 23,000........................ 33,000 28,000
DNA Initiative
Debbie Smith DNA Analysis Backlog................. 2024 151,000....................... 120,000 121,000
Kirk Bloodsworth Post-Conviction DNA Testing...... 2021 10,000........................ 8,000 14,000
NamUS............................................. n/a n/a........................... n/a 6,000
Missing Persons and Unidentified Remains.......... n/a n/a........................... n/a 3,000
Second Chance Act
Children of Incarcerated Parents Demo Grants...... n/a n/a........................... n/a 5,000
Justice Reinvestment Initiative................... n/a n/a........................... n/a 19,000
Anti-Opiod Initiative
Drug Courts....................................... 2023 75,000........................ 95,000 89,000
Mentally Ill Offender Act........................... 2021 50,000........................ 35,000 40,000
Residential Substance Abuse Treatment for State 2000 72,000........................ 63,000 35,000
Prisoners.
Veterans Treatment Center........................... n/a n/a........................... n/a 32,000
Prescription Drug Monitoring........................ n/a n/a........................... n/a 35,000
Comprehensive Opiod, Stimulant, and Substance Use 2023 330,000....................... 190,000 189,000
Program.
Keep Young Athletes Safe Act.......................... 2020 2,500......................... 2,500 2,000
Juvenile Justice Programs:
Youth Mentoring Grants.............................. 2007 Such sums..................... 4,000 104,000
Prevention of Trafficking of Girls.................. n/a n/a........................... n/a 4,000
Tribal Youth........................................ n/a n/a........................... n/a 14,000
Girls in Justice System............................. n/a n/a........................... n/a 4,500
Opioid Affected Youth Initiative.................... n/a n/a........................... n/a 7,500
Children Exposed to Violence........................ n/a n/a........................... n/a 4,500
COPS Program:
COPS Hiring Grants.................................. 2009 1,047,119..................... 1,000,000 297,423
Regional Information Sharing Activities............. 2003 100,000....................... 28,812 (44,000)
Tribal Access Program............................... 2027 6,000......................... 4,000 (4,000)
Anti-Methamphetamine Task Forces.................. n/a n/a........................... n/a 16,000
Anti-Heroin Task Forces........................... n/a n/a........................... n/a 35,000
National Aeronautics and Space Administration:
Science............................................. 2017 5,500,000..................... 5,764,900 7,334,200
Aeronautics......................................... 2017 640,000....................... 660,000 965,800
Space Technology.................................... 2017 686,000....................... 686,500 1,181,800
Exploration......................................... 2017 4,330,000..................... 4,324,000 7,618,200
Space Operations.................................... 2017 5,023,000..................... 4,950,700 4,473,500
STEM Engagement..................................... 2017 115,000....................... 100,000 89,000
Safety, Security and Mission Services............... 2017 2,788,600..................... 2,768,600 3,044,440
Construction and Environmental Compliance and 2017 388,000....................... 360,700 424,100
Restoration.
Office of Inspector General......................... 2017 37,400........................ 37,900 47,600
Related Agencies:
Commision on Civil Rights:..........................
Salaries and Expenses............................... 1995 9,500......................... 8,904 13,000
International Trade Commission......................
Salaries and Expenses............................... 2004 57,240........................ 58,295 115,000
Payment to the Legal Services Corporation:
Salaries and Expenses............................... 1980 Such Sums..................... 300,000 489,000
Marine Mammal Commission:
Salaries and Expenses............................... 1999 1,750......................... ..................... 4,200
Office of the U.S. Trade Representative:
Salaries and Expenses............................... 2004 33,108........................ 41,944 53,000
State Justice Institute:
Salaries and Expenses............................... 2008 7,000......................... 3,760 5,971
--------------------------------------------------------------------------------------------------------------------------------------------------------
BUDGETARY IMPACT OF THE FY 2025 COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS BILL PREPARED IN CONSULTATION WITH THE
CONGRESSIONAL BUDGET OFFICE PURSUANT TO SECTION 308(A) OF THE
CONGRESSIONAL BUDGET ACT OF 1974
[In millions of dollars]
Comparison With Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocation under section 302(b) of the Budget
Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
allocations to its subcommittees: Subcommittee
on Commerce, Justice, Science, and Related
Agencies
Discretionary............................... 78,288 46,655 78,288 \1\46,655
Mandatory................................... 489 580 489 \1\580
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill as
provided to the Committee by the Congressional Budget Office.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2025................................................ \1\46,937
2026................................................ 19,323
2027................................................ 6,643
2028................................................ 3,139
2029 and future years............................... 3,239
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
Financial Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget
Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and local 1,762 \1\-215
governments for 2025...................
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
Program Duplication
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Committee Hearings
Pursuant to clause 3(c)(6) of rule XIII of the Rules of the
House of Representatives, the following hearings were used to
develop or consider the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2025:
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a hearing on April 11, 2024, entitled ``Budget
Hearing--Fiscal Year 2025 Request for the Federal Bureau of
Investigation''. The Subcommittee received testimony from:
The Honorable Christopher Wray, Director, Federal Bureau of
Investigation, Department of Justice
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a hearing on April 16, 2024, entitled ``Budget
Hearing--Fiscal Year 2025 Request for the Department of
Justice''.
The Subcommittee received testimony from:
The Honorable Merrick Garland, Attorney General, Department
of Justice
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a hearing on April 17, 2024, entitled ``Budget
Hearing--Fiscal Year 2025 Request for the National Aeronautics
and Space Administration''. The Subcommittee received testimony
from:
The Honorable Bill Nelson, Administrator, National
Aeronautics and Space Administration
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a hearing on May 7, 2024, entitled ``Budget
Hearing--Fiscal Year 2025 Request for the Drug Enforcement
Administration''. The Subcommittee received testimony from:
The Honorable Anne Milgram, Administrator, Drug Enforcement
Administration, Department of Justice
The Subcommittee on Commerce, Justice, Science, and Related
Agencies held a hearing on May 8, 2024, entitled ``Budget
Hearing--Fiscal Year 2025 Request for the Department of
Commerce''. The Subcommittee received testimony from:
The Honorable Gina M. Raimondo, Secretary, Department of
Commerce
Comparative Statement of New Budget
(Obligatory) Authority
The following table provides a detailed summary, for each
department and agency, comparing the amounts recommended in the
bill with amounts enacted for fiscal year 2024 and budget
estimates presented for fiscal year 2025:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
We appreciate all of Chairman Rogers's efforts this year as
chair of the Commerce, Justice, Science, and Related Agencies
(CJS) subcommittee, including all the hard work that has gone
into the subcommittee's hearings and the crafting of this
appropriations bill. However, the harsh reality is that this
bill simply does not fulfill the needs of the American people
across a wide range of critical areas, including crime
prevention and prosecution, job creation in distressed
communities, efforts to ensure fair trade and fight price
gouging, support for civil rights, advancing climate science
research, bolstering our national security, and much, much
more. Therefore, we must vehemently oppose this bill in its
current form.
This bill defunds Federal law enforcement. It significantly
slashes funding for the Department of Justice (DOJ), including
the Federal Bureau of Investigation (FBI) and Federal
prosecutors, which will result in thousands fewer FBI personnel
helping to solve and prevent crimes, and fewer Federal
prosecutors working to put dangerous criminals behind bars.
These and other cuts included in this bill are also
completely contrary to the Majority's false claim that this
bill helps counter threats to the United States from the
People's Republic of China (PRC). In addition to the cuts to
the FBI and Federal prosecutors, the bill also slashes funding
for the DOJ's National Security Division and the Commerce
Department's Bureau of Industry and Security. We note that both
of these agencies are currently heavily involved in countering
cyberthreats, attempts to acquire dual-use technologies, and
other threats emanating from the PRC, and these cuts will
substantially weaken these efforts to protect Americans.
The bill would effectively cut the number of U.S. Marshals
enforcing Federal law and apprehending violent fugitives.
Furthermore, it guts the Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF) and includes numerous harmful policy
riders aimed at handcuffing the ATF and stopping its efforts to
fight gun violence--including a rider that completely shuts
down the enforcement of all new ATF measures, regulations, or
guidance issued since January 2021. This will inevitably result
in more firearms trafficking, more guns falling into the hands
of dangerous criminals, and more victims of gun violence in
both large and small communities all across the country.
Handicapping these Federal law enforcement agencies will
only further stress our State and local law enforcement
partners, who rely on their Federal partners to supplement
their efforts to keep their communities safe.
In addition, the bill greatly harms our ability to fight
price gouging and other anticompetitive practices of
corporations by slashing funding for the DOJ's Antitrust
Division by more than 17 percent below the current level, as
well as by blocking DOJ from both implementing recent antitrust
law changes as well as working with regulatory authorities in
other countries on any merger review, investigation, or
enforcement actions.
The bill also thwarts the efforts of the Federal Government
to ensure fairer trade by China and other nations by cutting
funding for the Office of the U.S. Trade Representative, the
International Trade Administration, and the International Trade
Commission. This will inevitably weaken the ability of the
United States to monitor and enforce trade compliance by other
countries, including our efforts to preserve American jobs by
fighting the illegal dumping of subsidized imports into the
United States.
In so many ways, this bill also very irresponsibly ignores
the reality of global warming and the need for the United
States to lead efforts to advance humanity's scientific
understanding of climate change. Such scientific research is
essential to helping us better prepare for, respond to, and
mitigate the impacts of climate change. As noted in a September
2023 report by the U.S. Department of the Treasury, ``climate
change already imposes substantial financial costs on
communities across the United States.'' According to the
National Oceanic and Atmospheric Administration (NOAA), in
2023, the cost of climate and weather disasters in the United
States totaled more than $94 billion. In every decade since the
1980s, the average annual cost of these disasters has increased
substantially. Climate change has a measurable cost to our
economy, as increasing extreme weather events disrupt crop
yields, displace people from their homes, increase the burden
on emergency service systems, and destroy critical
infrastructure. However, the funding cuts and policy
restrictions in this bill turn a blind eye to this reality.
Among other threats to the environment and climate science,
this bill:
substantially cuts funding for both NOAA
Climate Research and NASA Earth Science;
prohibits funding for the National
Institute of Standards and Technology (NIST) Center of
Excellence in Climate Change;
prohibits Commerce Department funding from
being used for climate change fisheries research;
prohibits funding in this or any other Act
from being used for an Office of Environmental Justice;
prohibits National Science Foundation
funding from being used for either the Global Change
Research Program or the Clean Energy Technology
Program;
prohibits funding for enforcement of
Executive Order 14008, entitled, ``Tackling the Climate
Crisis at Home and Abroad''; and
prohibits funding for implementation of
provisions of Executive Order 14072 related to the
valuation of ecosystem and environmental services and
natural assets in Federal regulatory decision-making.
These provisions are all very bad public policy. The
funding cuts and policy restrictions in this bill will damage
our capacity to improve the scientific understanding of our
planet and its changes. This, in turn, will weaken our ability
to protect the health and safety of Americans, and will only
allow the costs associated with climate change to continue to
grow in the years to come.
While the bill level-funds the Manufacturing Extension
Partnership program, the bill turns its back on our most
economically distressed communities by gutting funding for
Economic Development Administration grants by more than 35
percent below the current level. These grants help create jobs
and economic opportunity, improve public infrastructure, and
ultimately help revitalize communities facing decline and
disinvestment throughout our nation, particularly in rural
areas. These areas will be greatly shortchanged by this massive
cut.
The bill also undermines efforts to promote justice and
opportunity for all persons. Besides slashing funding for the
Legal Services Corporation, which provides critical basic civil
legal aid to the poorest American families, seniors, and
veterans, the bill also drastically cuts funding for the
Minority Business Development Agency, DOJ's Civil Rights
Division, and the Equal Employment Opportunity Commission.
Funding is also eliminated for the Community Relations Service
as well as grant programs aimed at preventing and prosecuting
hate crimes. Furthermore, the bill prohibits funding for agency
programs focused on diversity, equity, and inclusion, as well
as funding for Federal legal challenges to State and local
redistricting plans.
The bill continues the Majority's attacks on women's health
and safety by barring funding for: (1) DOJ's Reproductive
Rights Task Force, (2) enforcement of certain protections for
women in the workplace, and (3) litigation against States or
local governments regarding abortion laws.
There are dozens of other irresponsible and harmful policy
riders in this bill that would exacerbate immigration case
backlogs, block the construction of a pressingly needed new FBI
headquarters, implement an unconstitutional change to Census
Bureau apportionment count procedures, and much, much more.
These and other defects must be fixed before this bill is
enacted into law, and we stand ready to help produce a greatly
improved CJS appropriations bill for fiscal year 2025 in
conference.
Rosa DeLauro.
Matt Cartwright.
[all]